Brentwood City Zoning Code
ARTICLE XI
Administrative Procedure and Permits Regulations
§ 17.800.001 Title and purpose of provisions.
A.
Title. The provisions of this article shall be known as the "administrative procedure and permits regulations" of this title.
B.
Purpose. The purpose of these provisions is to provide administrative and legislative procedures for the review of plans, the processing and review of applications for consideration and relief under this title, for appeal procedure with respect to zoning administrator and commission determinations and interpretations, and ordinance amendment procedures.
(Ord. 408, 1987)
§ 17.800.003 Zoning administrator-Appointment, authority and duties.
A.
The office of zoning administrator for the city of Brentwood is established, and the city planning director is designated and appointed as zoning administrator.
B.
The zoning administrator shall have all powers and authority and shall perform all functions authorized by Government Code Section 65900 et seq., as now existing or hereafter amended or added to and as authorized by the zoning ordinance and delegated by resolution of the planning commission or city council.
C.
It shall be the duty of the zoning administrator to administer this title and the rules of the planning commission.
(Ord. 408, 1987)
§ 17.800.005 Permits-General.
Application for any permit, variance, appeal, zoning ordinance amendment or other entitlement provided by this title shall be prepared and submitted by the applicant, shall be processed by the city and shall be reviewed by the appropriate body or person pursuant to this chapter and the more specific provisions set forth in subsequent chapters for the specific entitlement.
(Ord. 408, 1987)
§ 17.800.006 Application.
Any application for a permit, variance, appeal, zoning ordinance amendment or other entitlement to be considered by the city, shall be made on a form prescribed by the city and signed by the applicant and the owner of the affected property or authorized agent and shall be accompanied by the fee prescribed by a separate city ordinance.
(Ord. 408, 1987)
§ 17.800.007 Supporting information.
Applications to be considered by the city shall be accompanied by the following supporting information as may be applicable:
A.
A legal description of the property (required);
B.
A location map showing the project site and the general vicinity of the site (required);
C.
A completed environmental information form as prescribed by the city in its CEQA Guidelines (required);
D.
Site plans, elevation plans, floor plans and other maps and data as may be necessary to describe the existing conditions on and surrounding the property and the proposed plans for the future development of the property. The planning commission shall by resolution, maintain a listing of the minimum documentation necessary for submittal in support of each type of application;
E.
Such other information specified in this title for the particular entitlement requested.
(Ord. 408, 1987)
§ 17.800.008 Fee refund procedure.
The zoning administrator may refund an application fee in whole upon a determination that the application was erroneously required or filed. He may refund the fee pro rata, based on the cost of processing the application, if the application is withdrawn prior to a decision thereon. The zoning administrator's determination shall be subject to appeal pursuant to the administrative appeal procedure of this title.
(Ord. 408, 1987)
§ 17.800.009 Public hearing notice.
Whenever the provisions of this title state that a public hearing shall be held, the public hearing notice shall be given as follows:
A.
Through mailing of a public hearing notice to the following:
1.
The applicant and/or property owner/s or their duly authorized agent,
2.
The owners of all property within one thousand feet of the subject site as shown on the latest equalized assessment rolls,
3.
Any person who has filed a written request with either the city clerk or the city council,
4.
Each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the property which is the subject of the application, whose ability to provide those facilities and services may be significantly affected;
B.
Publication once in one newspaper of general circulation in the city;
C.
At the time of project submittal and before an application may be deemed complete (pursuant to the State Permit Streamlining Act) by city staff, the project applicant shall erect on-site a sign(s) that identifies their proposed project. The following standards shall be adhered to:
1.
The sign shall be four feet by eight feet, unless another size is determined appropriate by the community development department director,
2.
The sign(s) shall be erected adjacent to each public right-of-way street frontage that the project site abuts, but shall not create sight distance problems along the adjacent rights-of-way,
3.
The actual text on the sign shall include a description of the nature of the action being considered, the appropriate City Hall phone number to call for questions on the proposed project, and be readable from the adjacent right-of-way,
4.
The project applicant shall be responsible for maintaining the sign(s) in a satisfactory condition, and for adding a hearing date when that has been determined by the city,
5.
The project applicant shall remove all sign(s) at the start of project construction or when project approvals have expired, whichever comes first;
D.
Alternative or additional notice may also be given pursuant to Section 65091 of the Government Code;
E.
All mailing or publication shall be accomplished at least ten days prior to the public hearing;
F.
The failure of any person to receive notice required by this section, shall not affect the authority of the city to act on a matter before it, provided proper notice has been found to be given.
§ 17.800.010 Review procedure.
Upon submittal to the city, applications shall be processed in accordance with the following:
A.
Preliminary Review. Within thirty days following initial submittal of an application the following actions shall be taken by the zoning administrator or other responsible administrative officer:
1.
A determination shall be made as to whether the application is in order and complete pursuant to city requirements, CEQA and local CEQA Guidelines.
2.
If the application is determined to be not in order or complete the applicant shall be notified of the deficiencies in the application and/or specific data necessary to make it complete.
3.
At such time as the application is determined to be complete it shall be so certified on the application form.
B.
Initial Study. Following certification that an application is complete the city shall review the proposal conducting any studies necessary for its proper consideration and causing the preparation of reports for the reviewing body including any prerequisite environmental documents.
C.
Final Review and Action. The filing date of an application shall be the date the application is certified to be complete after which the following actions shall be taken.
1.
If the matter is one requiring a public hearing, a public hearing date shall be set and advertised pursuant to Section 17.800.009.
2.
If the matter is one allowing zoning administrator or other administrative officer action, the matter shall be reviewed and action shall be taken.
3.
If the matter is one requiring planning commission action or recommendation to the city council, the matter will be forwarded to the planning commission for their review and action or recommendation.
4.
If the matter is one requiring city council action the matter will be forwarded to the city council for their review and action.
(Ord. 408, 1987)
§ 17.800.011 Effective date of action.
Except in the case of a zoning ordinance amendment and development agreements and in the absence of any appeal, action on any permit or other entitlement shall become effective fourteen days after the date of decision.
(Ord. 408, 1987)
§ 17.800.012 Amendment.
Requests for modification of a project or any request for modification of the conditions of approval or extension of time shall be subject to the same procedure and regulations as those applicable to the original application; provided, however, that any application for a time extension must be filed prior to the expiration date of the permit, variance or other entitlement.
(Ord. 408, 1987)
§ 17.800.013 Procedures and permits enumerated.
The following permits or other procedures or entitlements may be used to accomplish the purposes of this title:
(Ord. 408, 1987)
§ 17.805.001 Title and purpose of provisions.
A.
Title. The provisions of this title shall be known as the "phased development plan."
B.
Purpose. The purpose of these regulations is to regulate residential development in an orderly manner to ensure that necessary public facilities and services are available when development occurs; to bring facilities and services up to appropriate standards when development occurs; and to ensure that new development pays its fair share of adding facilities and service.
(Ord. 423 § 2, 1988)
§ 17.805.002 Definitions.
Whenever the following terms are used in this chapter, they shall have the meaning established by this section unless from the context it is apparent that another meaning is intended.
means the final city approval before construction may begin.
means a program adopted by the City Council to finance and construct the capital improvements required to serve a certain level of development permitted and planned within the city. A CIFP may also be used to finance the operation and maintenance of capital improvements and may utilize any of the public or private financing techniques available under California law or combination thereof.
also includes the city manager's designee.
means a person, firm, corporation, partnership or other business entity, who proposes to engage in development.
means the city approval which must be obtained by a developer before a building permit can be issued. An "allotment" is an entitlement to apply for a building permit when issued pursuant to the provisions of this phased development plan.
means the whole of any development project containing residential uses not expressly exempted from this phased development plan. Development exempted by this chapter shall not be considered residential development except as otherwise provided herein.
is a development agreement under authority of Government Code Section 65864 et seq., with substantially the same uniform terms and conditions used for a single capital improvements financing program.
This chapter shall be interpreted and administered by the city manager. |
Any development agreements entered into by the city after the effective date of the ordinance codified in this chapter shall be subject to all the provisions of this chapter. Any commitments to allow development pursuant to a development agreement shall be conditioned upon compliance with this chapter and any numerical development allotment limits set by resolution of the city council as part of a CIFP. |
(Ord. 423 § 2, 1988)
§ 17.805.003 Capital improvements financing program.
A.
From time to time, the city council may adopt a capital improvements financing program (CIFP) for a certain level of development permitted and planned within the city. Whenever the council adopts a CIFP, it shall also determine the total number of residential development allotments available as part of the CIFP. The development allotments may run with the land for the period designated in the implementing resolution.
B.
At such time as the city council approves a CIFP, the council shall by resolution establish the number of units to be permitted annually, the anticipated time frame for development to occur, and the identified properties, if any, to be included within the proposed CIFP. The phasing and timing of development allotments in any individual CIFP shall take into consideration such factors as the number and type of residential projects, the current availability of necessary improvements, the fair share housing needs, regional housing market conditions, the ability of the individual properties to finance new infrastructure, and other factors affecting the ability of the city to absorb new growth.
C.
If as part of any CIFP there is additional capacity for residential development beyond that anticipated by the initial resolution, the city council may amend the initial resolution to incorporate the additional development.
D.
At the request of any owner of a legal or equitable interest of real property who applies for inclusion within a proposed CIFP, the city council may enter into a uniform development agreement (UDA) with the owner. The UDA, if enacted by the council, shall incorporate the annual development entitlement, if any, for the property which is the subject of the agreement, as established by the development phasing schedule for the CIFP. Said request shall be made no later than twenty days after the city council has adopted a resolution of intent to form a CIFP or has committed the city to implement any other public financing mechanism. If the city council adopts an enacting ordinance for a UDA, it may condition the UDA upon the property owner's vote to include his or her property within an assessment district, payment of the required development fees, or upon a similar irrevocable commitment to an approved financing mechanism.
E.
Modification of Phasing Plan. The city council may, after notice and public hearing, change any part of this development phasing plan by amendment in accordance with Chapter 17.870 of this title, provided the amendment is consistent with the then existing general plan and any applicable specific plans.
(Ord. 423 § 2, 1988)
§ 17.805.004 Development allotment.
A.
Unless exempted by the provisions of this chapter, no building permit for new residential development shall be issued unless a development allotment pursuant to this chapter for the project has been granted. Prior to obtaining a building permit, the developer of proposed residential projects not exempted from the development allotment requirement shall apply for a development allotment as set forth below.
All new development, whether exempted from the development allotment requirement or covered by it, must meet all other applicable laws and policies in effect at the time the application is deemed complete, including an assurance that adequate water, sewer, drainage and roadway capacity, educational facilities and other public services as determined by the city council, are available.
B.
Exemptions to Development Allotment Requirement.
1.
The following type of development projects are exempt from the allotment requirement, so long as they participate in a capital improvements financing program.
a.
Development projects of ten or fewer dwelling units in the redevelopment project area;
b.
Residential development projects for four or fewer units by any single developer in one year;
c.
Residential development projects consisting of subdivisions where the final map has been approved by the city prior to January 12, 1988;
d.
Housing which contributes to the city of Brentwood's share of regional fair share housing needs and which is determined by the city council as necessary to implement the housing element of its general plan;
e.
Senior citizen housing.
2.
The granting of an exemption shall be subject to approval by the city. The planning commission shall consider the request for exemption concurrently with an application for tentative subdivision, design review or conditional use permit, whichever occurs first. If planning commission approval for the residential project is not required by ordinance, then the city manager shall consider the exemption.
3.
The number of dwelling units which can be granted an exemption and are limited to those available in CIFP 88-1 or a subsequent capital improvement financing program.
4.
Senior citizen housing will be granted an exemption only when there is a written agreement between the applicant and the city which restricts use to senior housing. For purposes of development allocation, two senior housing units shall be equal to one dwelling unit.
5.
In the granting of exemptions, senior housing and residential projects within the redevelopment project area shall be given a priority over other types of exempt projects.
C.
Exclusions. The following types of projects are excluded from the requirements of this chapter:
(Ord. 423 § 2, 1988; Ord. 456 §§ 2(A), (B), 3(A), 1989)
§ 17.805.005 Eligibility.
A.
No development allotment or exemption for new residential development shall be issued unless the city manager makes each of the following findings for a particular project:
1.
The project has reasonable assurance of a sufficient quantity of water to provide the proposed development with a safe, potable water supply at the time of application.
2.
The project will not create a demand for sewage collection, treatment, transmission or disposal capacity greater than that available to Brentwood at the time of application; or if these facilities require expansion, the development project will bear its fair share of the cost of the expanded facilities and the facilities will be available prior to issuance of a certificate of occupancy for any dwelling unit in the project.
3.
The project will not create a demand for water storage or transmission capacity greater than that available to Brentwood at the time of application; or if the water storage or transmission capacity needs expansion, the project will bear its fair share of the cost of the expanded facilities and such expansion will be completed prior to issuance of a certificate of occupancy for any dwelling unit in the project.
4.
The project will not create a demand for water treatment capacity greater than that available to Brentwood at the time of application; or if the water treatment capacity needs expansion, the project will bear its fair share of the cost of the expanded facilities and such expansion will be completed prior to issuance of a certificate of occupancy for any dwelling unit in the project.
5.
The project will not create a demand for circulation improvements greater than that available at the time of application; or if additional circulation improvements are needed, the project will bear its fair share of costs for the necessary roadway and thoroughfare facilities.
6.
The project will not create a demand for other public services, as determined to be necessary by the city council, greater than those services available to Brentwood at the time of application; or if these other public services need expansion, the project will bear its fair share of the cost of the expanded facilities, and the necessary facilities will be available prior to issuance of a certificate of occupancy for any dwelling unit in the project.
7.
The project will not create a demand for educational facilities, as determined to be necessary by the city council, greater than those facilities available to Brentwood at the time of application; or if these educational facilities need expansion, the project will bear its fair share of the cost of the expanded facilities, and the necessary facilities will be available prior to issuance of a certificate of occupancy for any dwelling unit in the project.
B.
1.
"Fair share of costs" may be met by payment of development fees, participation in an assessment district or in a capital improvements financing program (CIFP) as defined in this chapter, a combination of these financing mechanisms, or by any other fair and equitable method of bearing a fair share of the capital costs of improvements. The city manager will determine whether the "fair share of costs" has been met.
2.
"Reasonable assurance" means that a program and schedule to provide the necessary services exist which can practically be complied with as determined by the city manager in accordance with the criteria established in this section.
(Ord. 423 § 2, 1988; Ord. 456 §§ 2 (C), 3(B), 1989)
§ 17.805.006 Administration of plan.
A.
Applications.
1.
Any application for a development allotment shall be made in the form specified by the city manager and shall include all the information requested.
2.
The application shall be accompanied by the application processing fee if set by the city council.
3.
The date the application shall be deemed filed is the date the application is submitted and determined to be complete by the city manager in accordance with the criteria established in subdivision 1 of this subsection.
4.
All complete applications filed before the date set by the city council for acting on an CIFP will be considered in the process of granting allotments. Any allotments remaining after the initial grant of allotments may be granted at a later time as part of the same CIFP.
B.
Other Approvals. The granting of a development allotment pursuant to the procedures and provisions of this phasing plan shall not exempt nor affect the developer's obligation to obtain all required zoning, environmental, subdivision and other approvals as are required by statute or ordinance as a prerequisite to the application for building permits.
C.
Vested Rights. With the exception of any rights granted in a development agreement, no rights to complete development will vest upon granting of a development allotment. The right to build a development project will not vest until a building permit has been issued for each dwelling unit, the foundation has been inspected and approved by the county building department, and substantial work has been done and substantial expenses incurred in reliance upon the building permit unless otherwise provided by a development agreement.
D.
Appeals. The actions of the city manager pursuant to this chapter are appealable to the city council using the city's procedures for appeal of administrative officials' decisions in Title 17 of this code.
E.
Judicial Review. Any legal action challenging any decision or action pursuant to this chapter must be filed in a court of competent jurisdiction within thirty days immediately following the action being challenged.
(Ord. 423 § 2, 1988)
§ 17.810.001 Title and purpose of provisions.
A.
Title. The provisions of this chapter shall be known as the "development agreement procedures" of this title.
B.
Purpose. The purpose of these regulations is to allow the city and an applicant to enter into an agreement that will assure the city that a proposed project will proceed to its completion in compliance with the plans submitted by the applicant and to guarantee the applicant that the project can proceed to its completion in accordance with the rules and regulations in effect at the time of project approval.
(Ord. 408, 1987)
§ 17.810.002 Applicability of provisions.
A.
This procedure shall be permitted at any time a qualified applicant wishes to enter into such an agreement for development of a property with which the applicant has a legal or equitable interest.
B.
Nothing in this chapter shall be interpreted to require that the city council enter into a development agreement, or that any person be required to enter into a development agreement as a condition of obtaining a permit, approval or other land use grant or entitlement from the city.
(Ord. 408, 1987)
§ 17.810.003 Application.
A development agreement application shall be prepared and submitted pursuant to Chapter 17.800.
(Ord. 408, 1987)
§ 17.810.004 Additional supporting information.
Applications to be considered by the city shall be accompanied by such information as may be deemed by the city to be necessary to describe the proposed project and assist in the preparation of the proposed agreement.
(Ord. 408, 1987)
§ 17.810.005 Qualification of applicant.
A qualified applicant is a person or entity having legal or equitable interest in the real property which is the subject of the proposed development agreement. The zoning administrator may require an applicant to submit proof of his or her (its) interest in the real property and of the authority of an agent to act for the applicant. The zoning administrator may obtain the opinion of the city attorney as to the sufficiency of the applicant's interest in the real property to enter into the agreement. The city attorney or zoning administrator may require an applicant or agent to submit a title report or other evidence to verify the applicant's legal or equitable interests in the subject property.
(Ord. 408, 1987)
§ 17.810.006 Other parties.
In addition to the city and the developer, any federal, state or local government agency or body may be included as a party to any development agreement. Any such additional party shall be made a party to the development agreement pursuant to the provisions of the Joint Exercise of Powers Act ("Government Code Subsection 6500 et seq.) providing for joint powers agreements, or provisions of other applicable federal, state or local law, in order to create a legally binding agreement between such parties.
(Ord. 408, 1987)
§ 17.810.007 Procedure.
A.
A development agreement application shall be processed pursuant to Section 17.800.010.
B.
An application shall not be found to be complete until a draft development agreement has been approved by the city attorney. Such draft agreement shall be prepared by the city staff in negotiation with the applicant. The draft agreement shall contain all of the required elements set forth in Section 17.810.009 and may include other provisions permitted by law.
C.
Following a determination that an application is complete, including an initial study, the application shall be reviewed by the planning commission which shall hold a public hearing.
D.
The public hearing on a development agreement shall be held concurrently with applications, if any, for any other entitlement being requested and shall be processed, to the maximum extent possible, jointly to avoid duplication of hearings and petition of information.
E.
In considering a development agreement the planning commission shall determine whether the proposed agreement conforms to the findings set forth in Section 17.810.008 and to any applicable regulations or specified criteria set forth in any provisions elsewhere in this title.
F.
Following consideration the planning commission shall submit a recommendation to the city council in the form of a draft agreement, its findings on the proposed agreement and any related staff reports and other documents.
G.
Following receipt of the planning commission recommendation, the application shall be reviewed by the city council which shall hold a public hearing.
H.
Following consideration the city council may disapprove the application for a development agreement or may adopt by ordinance the proposed or a modified development agreement. The city council may refer the application back to the planning commission for consideration and recommendation if a modified agreement is being considered or in the event the city council considered matters not considered by the planning commission in its review of the application.
I.
The planning commission may hold a public hearing on the referred application prior to making a recommendation to the city council.
J.
Within ten days after the effective date of an ordinance approving a development agreement or any modification or cancellation thereof, the development agreement or any modification or cancellation thereof, shall be executed by all parties thereto and recorded with the Contra Costa County recorder.
K.
The city clerk shall be the official custodian of the agreement file. Such file shall include an executed copy of the agreement and the originals of all exhibits, reports of periodic review, amendments and cancellations to the agreement.
(Ord. 408, 1987)
§ 17.810.008 Development agreement findings.
The city council shall approve a development agreement only when the following findings can be made and are included as part of such agreement:
A.
The development agreement is consistent with the objectives, policies, general land uses and programs specified in the community development plan and applicable specific plans;
B.
The development agreement will not be detrimental to the health, safety and general welfare of persons residing in the immediate area nor be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole;
C.
The development agreement will not adversely affect the orderly development of property or the preservation of property values;
D.
The development agreement will facilitate the implementation of any applicable specific plan; and
E.
The development agreement is consistent with the provisions of Government Code Sections 65864 through 65869.5.
(Ord. 408, 1987)
§ 17.810.009 Development agreement contents.
The city attorney shall approve the form of each development agreement. The proposed agreement shall contain all the elements specified in subsections A through D of this section and may include any other provisions permitted by law including those specified in subsections E through G of this section:
A.
The duration of the development agreement;
B.
The permitted uses of the property;
C.
The density or intensity of use, the maximum height and size of proposed buildings;
D.
Provisions for reservation or dedication of land for public purposes;
E.
Conditions, terms, restrictions and requirements for subsequent discretionary actions; provided, that such conditions, terms, restrictions and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development or within the time periods set forth in the agreement;
F.
Conditions that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time;
G.
Terms and conditions relating to applicant's financing of necessary public facilities and subsequent reimbursement over time.
(Ord. 408, 1987)
§ 17.810.010 Effect of action.
A.
No action, inaction or recommendation regarding a proposed development agreement shall be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect or omission ("error") as to any matter pertaining to petition, application, notice, finding, record, hearing, report, recommendation or any matters of procedure whatever unless after an examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is not a presumption that error is prejudicial or that injury was done if error is shown.
B.
Unless modified or amended or cancelled or terminated pursuant to this chapter a development agreement shall be enforceable by any party thereto notwithstanding any change in the community development plan or any applicable specific plan, zoning, subdivision, building regulation or other ordinance or resolution adopted by the city of Brentwood.
C.
Except that otherwise set forth in an agreement, the rules, regulations and official policies governing permitted uses of the land, governing density and governing design, improvement and construction standards and specifications applicable to development of the property which is subject to a development agreement shall be those rules, regulations and official policies in force at the time of the execution of the agreement.
D.
A development agreement shall not prevent the city in subsequent actions applicable to the property, from applying new rules, regulations and policies which do not conflict with those rules, regulations and policies applicable to the property as set forth herein. As used in this subsection the term "do not conflict with" means does not prevent development of the land for the uses and to the density or intensity of development and within the time periods set forth in the agreement.
E.
A development agreement shall not prevent the city from denying or conditionally approving any subsequent project application on the basis of such existing or new rules, regulations and policies.
F.
In the event that state or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement, such provisions of the agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations.
(Ord. 408, 1987)
§ 17.810.011 Procedure for amendment or cancellation-Mutual consent.
A.
Either party may propose an amendment to or cancellation in whole or in part of any development agreement. Any amendment or cancellation may only be by mutual consent of the parties.
B.
Except as otherwise provided in this section, the procedure for proposing and adopting an amendment to or the canceling in whole or in part of a development agreement shall be the same as the procedure for entering into an agreement in the first instance. However, if the city initiates a proposed amendment to, or a cancellation in whole or in part of, an agreement the city shall first give written notice to the party executing the agreement of its intention to initiate such proceedings. Such notice shall be given not less than thirty days in advance of public notice of the hearing to consider an amendment or cancellation.
C.
Any amendment to a development agreement which does not relate to the duration of the agreement, permitted uses of the property, density or intensity of use, timing of development, height or size of proposed buildings, provisions for reservation or dedication of land, or to any conditions, terms, restrictions and requirements relating to subsequent discretionary actions related to design, improvement or construction standards and specifications, or to any other condition or covenant relating to the use of the property, shall not require a noticed public hearing before the parties may execute such amendment.
(Ord. 408, 1987)
§ 17.810.012 Annual review.
A.
The city council shall review a development agreement annually and may refer the matter to the planning commission for its report and recommendation.
B.
The zoning administrator shall be responsible for setting a date for initiating a review of a development agreement, which shall be held not sooner that thirty days and not more than sixty days from the anniversary date of the agreement, and shall give notice of the hearing to the applicant at least thirty days prior to the hearing.
C.
The zoning administrator shall submit to the reviewing body a report on the progress of the development that will allow the reviewing body to determine whether, upon the basis of substantial evidence, the property owner has, for the period under review, substantially complied in good faith with the terms and conditions of the agreement.
D.
When, in the opinion of the reviewing body it is warranted, a public hearing may be held.
E.
If the city council finds and determines on the basis of substantial evidence that the property owner has substantially complied in good faith with the terms and conditions of the agreement during the period under review, no further action is required.
F.
If the city council determines on the basis of substantial evidence that the property owner has not substantially complied in good faith with the terms and conditions of the agreement during the period under review, the city council, on its own motion, may initiate proceedings to modify or terminate the agreement.
(Ord. 408, 1987)
§ 17.810.013 Procedure for modification or termination-City initiated.
A.
If in the course of annual review, the city council determines that modification of the agreement is appropriate or that the agreement should be terminated, the city council shall give notice to the other party of its intention to hold a public hearing to consider modification or termination. This hearing shall be held not less than two weeks from the date the other party receives this notice. Such notice shall provide:
1.
The time and place of the public hearing;
2.
A statement as to whether the city council proposes to terminate or to modify the agreement, and if the latter is proposed, the proposed modification; and
3.
Such other information which the city council considers appropriate to inform the other party of the nature of the proceedings.
B.
At the conclusion of the hearing to consider modification or termination, the city council may refer the matter to the planning commission for a report and recommendation. Upon receipt of any such report or recommendation, the city council will take final action on the proposed modification or termination. If the city council elects to modify the agreement, it shall modify the agreement only in a manner reasonably related to the lack of substantial compliance with the terms and conditions of the agreement by the property owner. The decision of the city council shall be final and any court action or proceeding to attack, review, set aside, void or annul any decision of the determination by the city council shall be commenced within thirty days thereafter.
(Ord. 408, 1987)
§ 17.820.001 Title and purpose of provisions.
A.
Title. The provisions of this chapter shall be known as the "design and site development review procedure" of this title.
B.
Purpose. The purpose of these regulations is to allow design and site development review of all developments, signs, buildings, structures and other facilities constructed or modified in any zone where design and site development review is required in order thereby to foster a good design character through consideration of aesthetic and functional relationships to surrounding development, and in order to further enhance the city's appearance, and the livability and usefulness of properties.
The purpose of the planning commission in the design and site development review process is to recognize the interdependence of land values and aesthetics, and to provide a method by which the city may implement this interdependence to its benefit, and to the benefit of its individual citizens. It is also the purpose of the planning commission to preserve and enhance the beauty and environmental amenities of the city by:
1.
Stimulating creative design;
2.
Encouraging the innovative use of materials, methods and techniques;
3.
Preserving balance and harmony;
4.
Integrating the functions, appearance, and locations of buildings and improvements, including parking, so as to best achieve a balance between private prerogatives and preferences and the public interest and welfare.
§ 17.820.002 Applicability of provisions.
This procedure shall apply to all proposals for which design and site development review is required by provisions of this title except that approval of a conditional use permit shall satisfy the requirement for design and site development review provided the criteria set forth herein was part of the conditional use permit consideration and so specified as a condition of approval.
(Ord. 408, 1987)
§ 17.820.003 Exemptions.
A.
Design and site development review shall not be required in the case of:
1.
Minor additions to, and remodeling of, existing structures which do not involve a change in the site design and provided that the zoning administrator has approved a "certificate of compatibility" certifying that the proposed addition or remodeling complies with the design criteria set forth in Section 17.820.007.
(Ord. 408, 1987; Ord. 1030 § 3, 2021; Ord. 1033 § 5, 2022)
§ 17.820.004 Application.
A.
Design and site development review applications shall be prepared and submitted pursuant to Chapter 17.800.
B.
The supporting information specified as required in Section 17.800.007 shall include, more specifically, the following information:
1.
Parcel dimensions in distances;
2.
Existing and proposed buildings and structures: their location, size, height and use;
3.
Dimensions of yards and open spaces;
4.
Fences and walls: their location, height and materials;
5.
Parking spaces: their location, number, dimensions and internal circulation;
6.
Access: vehicular, pedestrian and service access, points of ingress and egress, curb cutting, internal circulation, design and improvements;
7.
Street dedications and improvements: existing and proposed;
8.
Signing: size, type, illumination, location;
9.
Lighting: location, type, illumination;
10.
Loading spaces, if applicable: location, number, dimensions and internal circulation;
11.
Storage areas: location, method of screening;
12.
Perspective drawing or environmental rendering clearly establishing the scale, design character, interrelationship and appearance of buildings, facilities, rights-of-way, open spaces and signs;
13.
Landscaping: location type and container sizes of all plant materials, as well as appropriate irrigation facilities;
14.
Other information that the planning commission may determine as necessary and establish through the adoption of a resolution.
(Ord. 408, 1987)
§ 17.820.005 Architectural review authority-Design standards and guidelines.
The members of the Brentwood planning commission, as appointed by the city council shall have the authority to review, conditionally approve and disapprove architectural plans, drawings and sketches.
The city council shall adopt objective design standards for residential projects and design guidelines for commercial and industrial projects, all of which shall be applied by the planning commission, the community development director, and on appeal, the city council, in reviewing applications for development. Said standards and guidelines are to be set forth in pictorial and/or narrative form and may illustrate undesirable as well as desirable examples of design. Documents containing the standards and guidelines shall be available for public reference in the community development department.
§ 17.820.006 Review process.
A.
The planning commission shall review and act on architectural plans concurrently with any other land use permit or entitlement application submitted to the city, such as a conditional use permit or tentative parcel or tract map.
B.
The planning commission may delegate specific types of projects to the community development director for review and action.
§ 17.820.007 Design and site review criteria.
The planning commission, community development director, and on appeal the city council, in consideration of all applications for design and site development review shall determine whether the proposed project conforms to the following criteria:
A.
The proposed development shall comply with all applicable design criteria or standards set out in this title or other city ordinance including the City's Objective Design Standards for Residential and Mixed-Use Projects (including interim standards as adopted by the city council through ordinance 1060) and the City's Commercial and Industrial Design Guidelines;
B.
Where the proposed development is located in an area for which a specific plan, planned development, neighborhood plan or precise plan has been adopted by the city council, the design of the development shall conform in all significant respects with such plans;
C.
The proposed development shall conform with all requirements for landscaping, screening, parking, usable open space and off-street loading as set forth in this title;
D.
All applicable regulations of the zoning ordinance and other city ordinances, policies or resolutions.
§ 17.820.008 Performance standards.
If, in the opinion of the planning commission or zoning administrator, the proposed use may cause the emission of dangerous or objectionable noise, odors, lights, dust, smoke or vibrations, the application may be referred for investigation and report to one or more expert consultants qualified to advise as to whether a proposed use will conform to general acceptable or applicable performance standards. Such consultant or consultants shall report in writing and a copy of such report shall be furnished to the applicant. The applicant shall be required to pay the fee for the service of such consultant(s).
(Ord. 408, 1987; Ord. 1084, 3/11/2025)
§ 17.820.009 Termination of permit.
Unless a different termination date is prescribed, all design and site development review permits shall terminate one year from the effective date of their granting, unless actual construction or alteration under valid permits has begun within such period. However, such period of time may be extended by the planning commission upon application filed at any time before such period has expired.
(Ord. 408, 1987; Ord. 1084, 3/11/2025)
§ 17.820.010 Appeal.
§ 17.830.001 Title and purpose of provisions.
A.
Title. The provisions of this chapter shall be known as the "conditional use permit procedure" of this title.
B.
Purpose. The purpose of these provisions is to prescribe the procedure for the accommodation of uses with special operating characteristics, site or design requirements or potential adverse effects on surrounding properties, by means of review and, where necessary, the imposition of special conditions of approval.
(Ord. 408, 1987)
§ 17.830.002 Applicability of provisions.
The conditional use permit procedure shall apply to all proposed projects for which a conditional use permit is required by the zoning regulations.
(Ord. 408, 1987)
§ 17.830.003 Application.
A conditional use permit application shall be prepared and submitted pursuant to Chapter 17.800.
(Ord. 408, 1987)
§ 17.830.004 Procedure.
A.
A conditional use permit application shall be processed pursuant to Section 17.800.010.
B.
Following a determination that an application is complete and an initial study has been made, the application shall be reviewed by the planning commission, which shall hold a public hearing.
C.
In considering a conditional use permit application the planning commission shall determine whether the proposed use conforms to the general criteria for conditional use permits set forth in Section 17.830.005 and to any applicable specific criteria set forth in any provision elsewhere in this title that requires a use permit and to any applicable regulations of the zoning ordinance.
D.
Following consideration, the planning commission shall deny or approve or conditionally approve an application requiring such changes or imposing such reasonable conditions of approval as are in its judgment necessary to carry out the general purposes of the zoning regulations. However, when a conditional use permit is combined with an application requiring legislative action (such as a zoning amendment, general plan amendment, or development agreement), the planning commission's action will be advisory to the city council, which becomes the decision maker.
(Ord. 408, 1987; Ord. 977 § 4, 2016)
§ 17.830.005 Conditional use permit criteria.
A conditional use permit may be granted only if the proposal conforms to all of the following general criteria, as well as to all other applicable specific criteria:
A.
The proposed use is allowed with a conditional use permit within the applicable zoning district, specific plan, or planned development and complies with all applicable provisions of this title;
B.
The proposed use is in conformance with the goals, policies, and objectives of the general plan and the purpose and intent of any applicable specific plan;
C.
There are provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety;
D.
The design, location, size, and operating characteristics of the proposed use are compatible with the existing and planned future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses operating nearby or adverse to the public interest, health, safety, convenience or welfare of the city;
E.
The approval of the conditional use permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA),the City's Objective Design Standards and the City's Commercial and Industrial Design Guidelines.
(Ord. 408, 1987; Ord. 1084, 3/11/2025)
§ 17.830.006 Termination of permit.
Unless a different termination date is prescribed, all conditional use permits shall terminate one year from the effective date of their granting, unless actual construction or alteration under valid permits, or actual commencement of the authorized activities, in cases where a permit is not required, has begun within such period. However, such period of time may be extended by the planning commission upon application filed at any time before such period has expired.
(Ord. 408, 1987)
§ 17.830.007 Appeal.
Action of the planning commission may be appealed pursuant to Chapter 17.880.
(Ord. 408, 1987)
§ 17.835.001 Title and purpose of provisions.
A.
Title. The provisions of this chapter shall be known as the "sign permit procedure" of this title.
B.
Purpose. The purpose of this chapter is to prescribe the procedure for the approval of signs, by means of review and, where necessary, the imposition of special conditions of approval.
(Ord. 891 § 4, 2011)
§ 17.835.002 Applicability of provisions.
The sign permit procedure shall apply to all proposed projects for which a sign permit is required by the zoning and sign regulations.
(Ord. 891 § 4, 2011)
§ 17.835.003 Application.
A sign permit application shall be prepared and submitted pursuant to Chapter 17.800.
(Ord. 891 § 4, 2011)
§ 17.835.004 Procedure.
A.
A sign permit application shall be processed pursuant to Section 17.800.010.
B.
Following a determination that an application is complete and environmental review has been conducted, the application shall be reviewed by the director, or if the application is subject to planning commission review, at a duly noticed public hearing of the commission.
C.
In considering a sign permit application the director or planning commission shall determine whether the proposed use conforms to the general criteria for sign permits set forth in this chapter and to any applicable specific criteria set forth in any provision elsewhere in this title that requires a sign permit and to any applicable regulations of the zoning ordinance.
D.
Following consideration, the director or planning commission shall deny or approve or conditionally approve an application requiring such changes as are necessary to ensure compliance with all laws, rules, regulations and policies.
(Ord. 891 § 4, 2011)
§ 17.835.005 Sign permit criteria.
A sign permit will be granted if the application conforms to all applicable laws, rules, regulations and policies. If the application does not comply with all applicable laws, rules, regulations and policies, then it will be denied in a written decision which specifies all points of noncompliance. The decision on a sign permit application shall be rendered within forty-five calendar days of the date the application is complete, all applicable fees are paid and applicable environmental review is complete, unless otherwise agreed by the applicant.
(Ord. 891 § 4, 2011)
§ 17.835.006 Termination of permit.
Unless a different termination date is prescribed, all sign permits shall terminate one year from the effective date of their granting, unless actual construction or alteration under valid permits, or actual commencement of the authorized activities, in cases where a permit is not required, has begun within such period. However, such period of time may be extended by the planning commission upon application filed at any time before such period has expired.
(Ord. 891 § 4, 2011)
§ 17.835.007 Appeal.
Action of the director or planning commission may be appealed pursuant to Chapter 17.880. During the appeal, the status quo shall be maintained.
(Ord. 891 § 4, 2011)
§ 17.840.001 Title and purpose of provisions.
A.
Title. The provisions of this chapter shall be known as the "home occupation use permit procedure" of this title.
B.
Purpose. The purpose of these provisions is to prescribe a procedure to permit and control the conduct of certain small home-based businesses and other activities as accessory uses in the home.
(Ord. 925 § 6, 2014)
§ 17.840.002 Applicability of provisions.
This procedure shall be required whenever a business license is required using a home as the "location of business in Brentwood" or in the absence of a location, using a home as a "mailing address" and in any case where a commercial or commercial-like activity or an activity not customarily conducted in the home, is being conducted in a home.
(Ord. 925 § 6, 2014)
§ 17.840.003 Home occupation defined.
A home occupation is a commercial or other activity conducted in a home by the resident thereof which activity is clearly incidental and secondary to the use of the home as a residence and which exhibits no external evidence of the activity and will not change the residential character of the dwelling.
(Ord. 925 § 6, 2014)
§ 17.840.004 Application.
A.
A home occupation use permit application shall be prepared and submitted pursuant to Chapter 17.800.
B.
The supporting information specified in Section 17.800.007 shall be limited to a description of the business or commercial activity including the method by which the activity will be conducted, that portion of the home in which the activity will be conducted, and a description of any equipment or materials to be utilized in the home.
(Ord. 925 § 6, 2014)
§ 17.840.005 Procedure.
A.
Application for a home occupation use permit shall be processed pursuant to Section 17.800.010.
B.
Following a determination that an application is complete the community development director shall deny, approve or conditionally approve the application.
(Ord. 925 § 6, 2014)
§ 17.840.006 Conditions of approval.
A.
The home occupation shall be conducted entirely within the dwelling unit or a legal accessory building located on the property and comprise no more than twenty percent of the living space on the property at the time of application submittal. If conducted within a garage or other accessory building, the doors shall be closed at all times.
B.
Home occupations shall be provided with a single station smoke detector and a minimum five-pound fire extinguisher Type 2-A: 10-B: C.
C.
Such other conditions of approval which pertain to the proposed use as may be deemed by the community development director to be necessary to assure the use can be conducted as a home occupation in a manner which does not adversely impact public health and safety.
D.
In the event of a failure to comply with these regulations, the community development director may, after notice and an administrative hearing, revoke the home occupation use permit.
E.
A business license shall be required for a home occupation and a time limit which for the initial approval shall not exceed one year and for subsequent renewals shall not exceed three years.
(Ord. 925 § 6, 2014)
§ 17.840.007 Uses prohibited.
The following uses shall be expressly prohibited as home occupations:
A.
Medical, dental, chiropractic, massage or similar offices or clinics;
B.
Barber or beauty shops;
C.
Pet grooming or boarding;
D.
Business offices or retail uses where a client typically goes to the office or retail establishment to conduct business, except as otherwise permitted in Sections 17.840.090 and 17.840.010;
E.
T.V., radio or appliance repair at the location of the home occupation;
F.
Cabinet shop, furniture manufacture, upholstery repair or similar uses requiring the use of electric saws, joiners, air compressors and similar tools;
G.
Automotive repair, maintenance or other automotive services (except for the home occupant's personal vehicle);
H.
Any use involving storage of hazardous chemicals or supplies not normally found at a private residence;
I.
Bicycle, lawn mower or small engine repair or maintenance;
J.
Welding, use of paint sprayers, compressors, etc.;
K.
Other uses which the community development director determines to be inappropriate or incompatible within a residential neighborhood.
(Ord. 925 § 6, 2014)
§ 17.840.008 Activities prohibited.
The following activities shall be prohibited in conjunction with any home occupation:
A.
The employment within the home of any person, other than an inhabitant of the home, except as provided in Section 17.840.010;
B.
The use of more than one room or the equivalent of twenty percent of the floor area of the dwelling unit, whichever is greater. If the home occupation is conducted within a garage or accessory building, the doors shall be closed at all times;
C.
The use of equipment powered by motors of more than a total of one horsepower capacity or the equivalent thereof;
D.
The display of any trade in stock;
E.
The generation of vehicular or pedestrian traffic in excess of that associated with the residential use, except as provided in Sections 17.840.009 and 17.840.010;
F.
Creation of any radio or television interference or creation of any noise greater than the noise performance standards established in Section 17.200.004;
G.
The emission of odor or gaseous, liquid or solid waste;
H.
The display of signs or advertising devices identifying the home occupation or any outside display or window display of materials or products;
I.
Any commercial retail sales on the premises, except as provided in Section 17.840.010;
J.
The storage or use of commercial vehicles for delivery to or from the premises, other than one vehicle not to exceed one-ton capacity, owned by the occupant of the home;
K.
Any external alteration of the appearance of the dwelling unit in which the home occupation is conducted;
L.
The use of yard space or any activity outside the main or accessory building which is not normally associated with a residents use.
(Ord. 925 § 6, 2014)
§ 17.840.009 Exception for teaching, counseling, or instructional activities.
For the purposes of this section, tutoring, counseling, language, music instruction, or similar home occupation undertaken entirely within the home and deemed appropriate by the community development director shall not constitute a significant and sustained traffic increase affecting the residential character of the neighborhood.
A.
Only one vehicle and two students are allowed at a time with a maximum of twelve students per day.
B.
Hours of operation are limited to seven a.m. to eight p.m., Monday through Friday, and eight a.m. to eight p.m. on Saturday and Sunday, unless limited further by conditions placed upon the hours of operation as allowed in subsection C.
C.
A notice must be sent to adjoining property owners prior to approval of the business. If there are any concerns, the approval may be conditioned to mitigate them, or the application could be referred to the planning commission for review and approval.
E.
Any non-prohibited activity or use proposed under this exception that cannot meet all of the requirements listed above will be referred to the planning commission for review and approval.
(Ord. 925 § 6, 2014)
§ 17.840.010 Exception for cottage food operations.
For the purposes of this section a cottage food operation means an enterprise within the registered or permitted (by the Contra Costa County environment health department) area of a private home or apartment, or other multifamily housing unit (i.e., condominiums or townhomes), where the individual, who proposes to conduct the cottage food operation in his or her private residence and is the owner of the cottage food operation, prepares and/or packages cottage food products that are not potentially hazardous foods for direct or indirect sale to consumers as permitted by the Contra Costa County environmental health division in accordance with the California Health and Safety Code. Cottage food operations are allowed as a home occupation subject to the California Health and Safety Code and this chapter with the following exceptions and performance standards:
A.
On-Site Customers. Only one vehicle and two customers are allowed at a time on the site with a maximum of twelve customers per day for direct sales. Such direct sales to customers shall be limited to the hours of eight a.m. to six p.m. Monday through Saturday. Direct sales on Sunday, as well as outdoor sales, are prohibited.
B.
On-Site Dining. On-site dining is prohibited.
C.
Employees. Only one full-time equivalent employee, not including the operator's family or household members, shall be on the premises of the cottage food operation at any time.
D.
Parking and Loading Requirements. For single-family homes, parking spaces for the cottage food operator and any employee shall be accommodated on the property site. For apartments and multifamily developments, the cottage food operator's designated space(s) shall be available for the use, including parking spaces for the applicant's own vehicles and any employee. On-site parking in an apartment complex or other multifamily residence requires approval from the property owner, landlord, homeowners association or property manager.
On-street parking spaces may be used for persons picking-up and/or delivering materials for the operation and third party retailers coming to the property if proposed.
Loading of food products into vehicles may occur anytime within an enclosed garage when the garage door is shut. Hours for loading vehicles outside of a garage are limited from eight a.m. to six p.m. Monday through Saturday with no Sunday hours. Vehicles shall not idle when being loaded.
E.
Solid waste collection is limited to the city's regular cart service. No commercial trash collection shall occur on the site.
F.
There shall be no discharge of grease associated with the cottage food operation into the city's solid waste or storm drain system.
(Ord. 925 § 6, 2014)
§ 17.840.011 Authority and effect.
Nothing in this chapter shall be construed to preclude the enforcement of other applicable county, state and federal laws and regulations, including, but not limited to, Americans with Disabilities Act requirements and building code requirements.
(Ord. 925 § 6, 2014)
§ 17.840.012 Appeal.
Action of the community development director may be appealed pursuant to Chapter 17.880.
(Ord. 925 § 6, 2014)
§ 17.850.001 Purpose.
This chapter establishes procedures and standards for the granting of temporary use permits for short-term activities on private property. Compliance with applicable standards ensures that the establishment, maintenance, or operation of the short-term activity would not be detrimental to the public health, safety, and welfare of persons residing or working in the neighborhood of the proposed activity.
(Ord. 948 § 2, 2015)
§ 17.850.002 Applicability of provisions.
This chapter shall apply to those uses for which a temporary use permit is required by the zoning ordinance.
(Ord. 948 § 2, 2015)
§ 17.850.003 Temporary use defined.
A temporary use is defined as "a short-term activity established for a fixed period of time on private property, with the intent to discontinue such use upon the expiration of the permitted time period that does not meet the normal development or use standards of the applicable zone." This definition does not include "special events," as those are defined and regulated in accordance with Title 7.
(Ord. 948 § 2, 2015)
§ 17.850.004 Temporary use permit required.
A temporary use shall not be conducted, established, or operated in any manner without the approval and maintenance of a valid temporary use permit in compliance with this chapter, unless otherwise exempt under the provisions of this chapter.
(Ord. 948 § 2, 2015)
§ 17.850.005 Review authority.
A.
Temporary use permits shall be reviewed and approved or denied administratively by the community development director, in compliance with this chapter.
B.
The community development director may refer any permit to the planning commission.
C.
The decision of the community development director or planning commission regarding a temporary use permit shall be final, subject to appeal in compliance with Chapter 17.880 (Appeal).
D.
No public hearing is required before the community development director's decision on a temporary use permit. A public hearing shall, however, be required for any permit that is referred by the community development director to the planning commission.
(Ord. 948 § 2, 2015)
§ 17.850.006 Exempt temporary uses.
The following temporary uses are allowed without the necessity of obtaining a temporary use permit:
A.
Construction Yards—On-Site. On-site contractors' construction yards, including one manufactured unit for temporary office use during normal business hours, for an approved construction project that is within the city. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the building permit authorizing the construction project, whichever occurs first.
B.
Emergency Facilities. Emergency public health and safety needs/land use activities, as determined by the city manager.
C.
Events on Sites Approved for Public Assembly. An event on the site of, or within, a golf course, meeting hall/facility, school, theater, or other similar facility designed, and approved by the city for public assembly.
D.
Fund-Raising Car Washes.
1.
Car washes on property within a nonresidential zone, limited to a maximum of two days per month for each sponsoring organization.
2.
Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with Section 501(c) of the Federal Revenue and Taxation Code.
E.
Garage Sales. Garage sales, not to exceed three per year and two consecutive days.
(Ord. 948 § 2, 2015)
§ 17.850.007 Allowed temporary uses.
The city, through the community development director, may grant a temporary use permit for the following temporary uses on nonresidential properties or on private properties approved with an institutional use, for the specified time limits, but in no event for more than twelve months, except model home complexes and construction yards, which may be approved for any length of time, provided the community development director finds that the use meets any conditions or requirements set forth herein and that the use will not be detrimental to the public health, safety and welfare of persons residing or working in the neighborhood of the proposed activity. Other temporary uses that do not fall within the categories defined below shall instead comply with the planning permit requirements and development standards that otherwise apply to the property.
A.
Agricultural Produce Sales. Retail sales of agricultural produce at produce stands or in a certified farmer's market.
B.
Construction Yards—Off-Site. Off-site offices, contractors' construction, corporation, or storage yards for an approved construction project that is within the city. The yards shall be removed immediately upon completion of the construction project, or the expiration of the building permit authorizing the construction project, whichever occurs first.
C.
Events. Animal rides, art and craft exhibits, bike rodeos, car shows, carnivals, circuses, concerts, egg hunts, fairs, farmer's markets, festivals, flea markets, food events, holiday events, runs, marathons, walk-a-thons, and bike-a-thons or similar activities, open air theaters but excluding drive-in theaters, outdoor entertainment/sporting events, parades, petting zoos, processions, rallies, religious revivals, rodeos, rummage sales, runs, secondhand sales, swap meets, and other similar special events for up to five consecutive days, or six two-day weekends, or twelve individual days, within a twelve-month period, allowed only on non-residentially zoned properties, or on private properties approved with an institutional use.
D.
Location Filming. The temporary use of a specific site for the location filming of commercials, movies, videos, etc., for the time specified by the community development director, but not to exceed twelve months.
E.
Model Homes. A model home or model home complex may be authorized before the completion of subdivision improvements in compliance with the following standards:
1.
Provisions for suitable off-street parking with adequate ingress and egress to serve the model home complex.
2.
Provision of suitable landscaping to enhance the model home complex.
3.
When the builder submits an application for the final permits to build on the lots utilized for the model home complex, the parking lot and trap fences shall be removed and the driveway slabs shall be poured in front of each of the garages of all model homes. This will require the removal of all landscaping in front of the garages for the model homes.
4.
The poured driveway slabs and on-street parking will temporarily serve as the required parking for the model home complex and the sales office may remain in the model until all models in the subdivision have been sold.
5.
The sales office shall be converted back to residential use and/or removed before the issuance of the final building permit.
6.
The review authority may require other conditions of approval deemed necessary to protect the public health, safety, and general welfare of persons residing or working in the neighborhood.
F.
Outdoor Retail Sales within Nonresidential Zones.
1.
Sales of merchandise customarily sold on the premises by an established business physically located and doing business at the same location as the temporary use. The sales of merchandise are limited to four events per calendar year per business conducting the sale, not exceeding four consecutive days per event.
2.
Sales of merchandise not customarily sold on the premises, when the sales will be by an established business physically located and doing business in the city. The entity conducting the temporary sale shall dedicate all retail sales tax collected at the sale to accrue to the city. The sales are limited to four events per calendar year per business conducting the sale, not exceeding four consecutive days per event.
G.
Pyrotechnics. Events proposing the use of pyrotechnics.
H.
Seasonal Sales Lots. Seasonal sales lots (e.g., Halloween, Thanksgiving, Christmas, etc.) including temporary residence/security trailers on non-residentially zoned properties. However, a permit shall not be required when the sales are in conjunction with an established commercial business holding a valid city business license, or produce stands or farmer's markets; provided, the activity shall be limited to forty-five days of operation per calendar year.
I.
Temporary Occupancy During Construction.
1.
Major Development Projects. Temporary structures on the subject property may be used during the construction phase of an approved major development project (e.g., residential projects with five or more dwelling units or any commercial or industrial project). The structures or property may be used as offices or for the storage of equipment and/or tools, provided the temporary structures and the project itself are located within the city.
2.
Minor Development Projects. An existing dwelling unit or a temporary structure on the subject property may be used during the construction phase of an approved minor development project (e.g., residential projects with four or fewer dwelling units). The structure or property may be used as a temporary residence, an office, or for the storage of equipment and/or tools.
3.
Appropriate Conditions. The temporary use permit shall contain reasonable and necessary conditions regarding the following matters:
a.
Required permits for the provision of sewer, gas, electricity and water services.
b.
Provisions for adequate ingress and egress.
c.
Provisions for the work to be performed on-site.
d.
Provisions for the storage of asphalt, concrete, and dirt at designated sites within the subject property; provided, the applicant furnishes a schedule, acceptable to the community development director, for the periodic disposal or recycling of these materials.
e.
Provisions designed to minimize potential conflicts between the work to be performed on-site and the ordinary business and uses conducted within the city.
f.
Length of Permit. The permit may be approved for up to twelve months following the issuance of the companion building permit, or upon completion of the subject development project, whichever occurs first.
g.
Condition of Site Following Completion. All temporary structures and related improvements shall be completely removed from the subject site following expiration of the temporary use permit or upon completion of the development project, whichever occurs first.
J.
Temporary Real Estate Sales and/or Rental Offices. A temporary real estate sales and/or rental office may be established within the area of an approved subdivision, solely for the first sale or rental of homes or units, provided a temporary use permit has been approved for the model home complex and construction of the model homes is being diligently pursued in compliance with subsection E of this section (Model homes). An application for a temporary real estate office may be approved for a maximum of twelve months from the date of approval.
K.
Temporary Work Structures/Trailers. A temporary classroom, office, or similar structure, including a manufactured or mobile unit, may be approved for a maximum of twelve months from the date of approval, as an accessory use or as the first phase of a development project provided:
1.
The use is authorized by a building permit for the mobile unit or trailer, and the building permit for the permanent structure;
2.
The use is appropriate because:
a.
The mobile unit or trailer will be in place for a maximum of twelve months during construction or remodeling of a permanent approved commercial type structure, or upon expiration of the building permit for the permanent structure, whichever occurs first, or
b.
The applicant has demonstrated that the temporary work site is a short-term necessity for a maximum of twelve months, while a permanent work site is being obtained; and
3.
The mobile unit or trailer is removed before final building inspection or the issuance of a certificate of occupancy for the permanent structure.
L.
Long-Term Mobile Vending Facilities. A long-term mobile vending facility as defined in Chapter 5.68 may be approved for a maximum of twelve months from the date of approval, on private property so long as it is an ancillary use to a permitted use in the zone where the mobile vending is conducted in compliance with the following standards:
1.
Setbacks. Long-term mobile vending facilities must be located at least five feet from the edge of any driveway or public sidewalk, utility boxes and vaults, accessible ramp, building entrance, exit or emergency access/exit way, or emergency call box and be located a minimum distance of fifteen feet in all directions of a fire hydrant.
2.
Parking Requirements. Long-term mobile vending facilities are only permitted to be parked in a designated parking space(s) on a paved surface outside any designated fire lane. The mobile vending facility and associated seating, if any, shall also be located outside any parking or loading space that is required to fulfill the minimum parking requirements for the principal use on the property, during the principal use's hours of operation.
3.
Seating Requirements. All associated tables, seating, and/or shade structures shall be removed at the end of each business day and shall not be permanently erected outside of the mobile vending facilities business hours. In addition, all associated furnishings shall be maintained in a clean manner such that it does not create an unsightly appearance.
4.
Utilities. Electric outlet hookups are required to be installed for long-term mobile vending facilities and must be used while the mobile vending facility is on the premises. No generators shall be utilized on-site. If extension cords, hoses or other utilities are required, they shall be safely secured and not impede any path of travel.
5.
Accessibility Requirements. Consistent with current California Building Code (CBC) standards, long-term mobile vending facilities must operate in a manner and have access to restrooms, which shall be provided on site and located within a maximum of fifty feet from the proposed long-term mobile vending facility parking location, unless otherwise approved by the community development director. Restrooms shall be provided, at no charge, for customer use during normal business hours and shall be continuously maintained in a clean and sanitary manner.
M.
Commissary. A commissary, as defined in Chapter 5.68, may be approved for a maximum of twelve months from the date of approval, on private property so long as it is an ancillary use to a permitted use in the zone where the commissary is conducted in compliance with the following standards:
1.
All associated mobile vending facilities approved to be on the site of a commissary must be directly owned or operated by the commissary.
2.
Number of Mobile Vending Facilities per Commissary. No more than two mobile vending facilities may be approved through the temporary use permit process for each commissary.
3.
Parking Requirements. The mobile vending facility associated with the commissary is only permitted to be parked in a designated parking space(s) on a paved surface outside any designated fire lane. The mobile vending facility and associated seating, if any, shall also be located outside any parking or loading space that is required to fulfill the minimum parking requirements for the principal use on the property during the principal use's hours of operation.
4.
County Approval. Prior to operating, a commissary shall obtain a commissary permit issued by Contra Costa County, if applicable.
N.
Similar Temporary Activities. A temporary activity that the community development director determines is similar to the other activities listed in this section, and compatible with the applicable zone and surrounding land uses.
(Ord. 948 § 2, 2015; Ord. 1081, 1/28/2025)
§ 17.850.008 Minor temporary use permit.
Allowed temporary uses, as defined in Section 17.850.007, including annual renewals for long-term mobile vending facilities and commissaries, occurring entirely upon private property not zoned for residential use or on private property with an approved institutional use and located within an existing development of sufficient size to provide adequate space, circulation and parking for the anticipated attendance, as determined by the community development director. With the exception of annual renewals for long-term mobile vending facilities and commissaries, which must continue to follow regulations as outlined in Section 17.850.007(L) and (M), all minor temporary use permit approvals may be permitted if the applicant can demonstrate that the following performance standards are met:
A.
A minor temporary use permit application shall be completed and submitted to the community development director for approval prior to the start of the short-term activity.
B.
Hours of operation are limited to seven a.m. to ten p.m. daily.
C.
Adequate parking for the anticipated attendance shall be provided.
D.
All trash generated by the use shall be picked up both on- and off-site at the end of each event.
E.
The applicant shall obtain county health department approval and submit such documentation with the application for any food service beyond what is allowed for existing permitted businesses on-site.
F.
No consumption or sales of alcohol shall be allowed as part of the event, other than as permitted within existing businesses licensed by the California Department of Alcoholic Beverage Control located within the shopping center.
G.
Any amplified sound used at the event or other noise generation activities shall be subject to Chapter 9.32 (Noise Regulations) of the Brentwood Municipal Code.
H.
No additional lighting is allowed.
I.
Adequate provision for safety and security measures shall be provided. The applicant shall be responsible for ensuring the safety and welfare of the attendees, as determined by the chief of police or designee. The police department may close the event due to failure to satisfy conditions of the permit.
J.
Prior to the event, the applicant shall provide a statement to the city stating that the organizers of the event agree to indemnify, hold harmless, and defend the city, its officers, agents and employees from any and all liability or claims that may be brought against the city arising out of its approval of the minor temporary use permit, or arising out of the operation of the use or uses allowed under the permit, save and except that caused solely by the city's active negligence.
K.
The applicant shall adhere to all building and fire codes and obtain any necessary permits and inspections prior to the event.
L.
The applicant shall make a good faith effort to work with city staff in addressing any concerns that arise relating to the placement or operation of the event.
(Ord. 948 § 2, 2015; Ord. 1081, 1/28/2025)
§ 17.850.009 Development standards.
The community development director shall review temporary use permits based on conformance to the following standards and the type of temporary use, using the requirements of the applicable zone, and Chapter 17.820 (Design and Site Development Review) and the specific site zoning standards for guidance:
A.
Provision for access, floor areas, landscaping, utilities, and other structure and property development improvements and features.
B.
Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this title.
C.
Unless an alternative time period is specified in Section 17.850.007 (Allowed temporary uses), provision for a fixed period not to exceed twelve months for all temporary uses or structures. The community development director may grant time extensions, provided such time extension is clearly demonstrated as necessary, and regulate operating hours and days.
D.
Provision for parking facilities, including vehicular ingress and egress.
E.
Regulation of potential nuisance factors (e.g., dirt, dust, glare, light, noise, odors, smoke, and vibration).
F.
Regulation of temporary structures and facilities, including buffer areas, height, location of equipment, placement, setbacks, and size.
G.
Provision for sanitary facilities.
H.
Provision for waste collection and disposal.
I.
Provision for safety and security measures. The chief of police may close the event due to failure to satisfy conditions of the permit.
J.
Regulation of signs.
(Ord. 948 § 2, 2015)
§ 17.850.010 Conditions of temporary use permit approval.
Temporary use permits shall include the following conditions of approval:
A.
Provision of a certificate of insurance acceptable to the city's risk manager.
B.
Submission of a performance bond or other surety devices, if necessary, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition, to the satisfaction of the community development director.
C.
Prior to the event, the applicant shall provide a statement to the city stating that the organizers of the event agree to indemnify, hold harmless, and defend the city, its officers, agents and employees from any and all liability or claims that may be brought against the city arising out of its approval of the minor temporary use permit, or arising out of the operation of the use or uses allowed under the permit, save and except that caused solely by the city's active negligence.
D.
Each site occupied by a temporary use shall be cleaned of debris, litter, or other evidence of the temporary activity on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this title.
E.
Other conditions determined by the community development director to ensure the operation of the proposed temporary use in a compatible, efficient, harmonious, nuisance-free, orderly, and safe, manner.
(Ord. 948 § 2, 2015)
§ 17.850.011 Revocation.
A temporary use permit or minor temporary use permit may be revoked or modified by the community development director when it is determined that any of the following occurs:
A.
That circumstances have changed so that one or more of the provisions of this chapter are not being met or complied with.
B.
That the temporary use permit was obtained by misrepresentation or fraud.
C.
That one or more of the conditions of approval of the temporary use permit have not been met.
D.
That the use is in violation of any statute, ordinance, policy, law or regulation.
(Ord. 948 § 2, 2015)
§ 17.860.001 Title and purpose of provisions.
A.
Title. The provisions of this chapter shall be known as the "variance procedure" of this title.
B.
Purpose. The purpose of these provisions is to establish a procedure through which a property owner may seek a relaxation or waiver of the zoning regulations of this title where there are extraordinary circumstances associated with a parcel of land such that the land or facilities cannot be used to the extent intended by the zoning. It shall be the purpose of this procedure to allow justice, while preserving to the greatest possible extent the purposes of the zoning regulations.
(Ord. 408, 1987)
§ 17.860.002 Applicability of provisions.
This procedure shall apply to all proposals to relax any of the regulations of the zoning regulations of the zoning ordinance, except a variance cannot be granted to permit a use not otherwise allowed in the zone.
(Ord. 408, 1987)
§ 17.860.003 Application.
A variance application shall be prepared and submitted pursuant to Chapter 17.800.
(Ord. 408, 1987)
§ 17.860.004 Procedure.
A.
A variance application shall be processed pursuant to Section 17.800.010.
B.
Following a determination that an application is complete the application shall be reviewed by the planning commission which shall hold a public hearing or by the zoning administration pursuant to Section 17.860.007 if applicable.
C.
In considering a variance application the planning commission shall determine whether the conditions surrounding the property and the proposed project justify their being able to make the findings prescribed by state law and set forth in Section 17.860.005.
D.
Following consideration the planning commission or zoning administrator pursuant to Section 17.860.007 shall deny, approve or conditionally approve an application requiring such changes or imposing such reasonable conditions of approval as are in its judgment necessary to carry out the general purpose of the zoning regulations. However, when a variance is combined with an application requiring legislative action (such as a zoning amendment, general plan amendment, or development agreement), the planning commission's action will be advisory to the city council, which becomes the decision maker.
(Ord. 408, 1987; Ord. 977 § 5, 2016)
§ 17.860.005 Required findings.
A variance may be granted only upon determination that all of the following findings can be made:
A.
That strict compliance with the specified regulation would result in practical difficulty or unnecessary hardship inconsistent with the purposes of the zoning regulations, due to unique physical or topographic circumstances or conditions of design; or alternatively that strict compliance would preclude an effective design solution improving livability, operational efficiency or appearance.
B.
That strict compliance with the regulation would deprive the applicant of privileges enjoyed by owners of similarly zoned property; or alternatively that strict compliance would preclude an effective design solution fulfilling the basic intent of the applicable regulations.
C.
That if granted, the variance will not adversely affect the character, livability or appropriate development of abutting properties or the surrounding area, and will not be detrimental to the public welfare or contrary to adopted plans or development policy.
D.
That the variance will not constitute a grant of special privilege inconsistent with limitations imposed on similarly zoned properties or inconsistent with the purposes of the zoning regulations.
(Ord. 408, 1987)
§ 17.860.006 Termination of variance.
Unless a different termination date is prescribed, variances shall terminate one year from the effective date of their granting, unless actual construction or alteration under valid permits, or actual commencement of the authorized activities in the case of a variance not involving construction or alteration, has begun within such period. However, such period of time may be extended by the planning commission upon application filed at any time before such period has expired.
(Ord. 408, 1987)
§ 17.860.007 Alternative review procedure.
The city council may by ordinance, empower the zoning administrator with full authority to review and act upon variance applications in the manner prescribed for the commission in this procedure; or may apportion specific kinds of variance applications to the zoning administrator, provided the ordinance establishes clear lines of separated responsibility over specific kinds of variances so that no overlap of administrative authority occurs between the zoning administrator and planning commission. Authority is granted to the zoning administrator to consider and take action on variances as follows:
A.
Minor Variances.
1.
The zoning administrator may, without conduct of a public hearing, grant variances as follows:
a.
The reduction of any required front or rear yard in a residential zone in an amount not to exceed ten percent of the minimum required;
b.
The reduction of any required yards in a nonresidential zone in an amount not to exceed ten percent of the minimum required;
c.
The reduction of the total required side yard in a residential zone in an amount not to exceed ten percent of the minimum required;
d.
The increase in the maximum allowable building height in an amount not to exceed ten percent of the maximum allowable.
2.
Prior to any grant of variance the zoning administrator shall be required to make the findings set forth in Section 17.860.005 except, however, for purposes of this section an error in design of a development or misplacement of the development on the lot shall constitute hardship provided that, in the opinion of the zoning administration, conformance to the zoning ordinance will involve major financial hardship to the project.
(Ord. 408, 1987)
§ 17.860.008 Appeal.
Actions of the planning commission or zoning administrator may be appealed pursuant to Chapter 17.880. In addition the planning commission, by motion, may order that a specific application acted on by the zoning administrator, be presented to the planning commission for review and action.
(Ord. 408, 1987)
§ 17.860.009 Off-street parking variance.
The "parking variance" procedure set forth in Section 65906.5 of the state Planning and Zoning Law is not applicable. Similar provisions not requiring a variance are set forth in Section 17.620.019 (Off-street parking).
(Ord. 408, 1987)
§ 17.870.001 Title and purpose of provisions.
A.
Title. The provisions of this chapter shall be known as the "rezoning and ordinance text, amendment procedure" of this title.
B.
Purpose. The purpose of these provisions is to prescribe the procedure by which changes may be made in the text of this title and in the application thereof to specific properties.
(Ord. 408, 1987; Ord. 753, 2003)
§ 17.870.002 Applicability of provisions.
This procedure shall apply to all proposals to rezone property or to change the text of this title.
(Ord. 408, 1987; Ord. 753, 2003)
§ 17.870.003 Initiation.
Amendment to the zoning ordinance text or a rezoning of property may be initiated through any of the following actions:
A.
Private Party Initiation. The owner of any property, or authorized agent, may make application to rezone such property.
B.
Planning Commission Initiation. The planning commission may, on its own motion, or shall, upon the direction of the city council, consider the rezoning of any property or a change in the text of this title.
C.
City Council Initiation. The city council may on its own motion initiate action to consider the rezoning of any property or a change in the text of this title. Such action shall be taken only after receipt from the planning commission of a report on the proposed ordinance amendment.
(Ord. 408, 1987; Ord. 753, 2003)
§ 17.870.004 Private applications.
A rezoning application shall be prepared and submitted pursuant to Chapter 17.800. In addition to the data required in Chapter 17.800, the applicant shall submit a statement as to how the proposed action coincides, or does not coincide, with the Brentwood general plan and other city plans applicable to the property, and such other information as may be required by the planning commission.
(Ord. 408, 1987; Ord. 753, 2003)
§ 17.870.005 Procedure.
A.
Any application, or planning commission-initiated or city council-initiated zoning ordinance amendment shall be processed pursuant to Section 17.800.010.
B.
Following receipt of an application for zoning ordinance amendment, the proposed zoning ordinance amendment shall be reviewed by the planning commission, which shall hold a public hearing.
C.
Following receipt of a recommendation from the planning commission on a proposed zoning ordinance amendment, the proposed zoning ordinance amendment shall be reviewed by the city council, which shall hold a public hearing.
(Ord. 408, 1987; Ord. 753, 2003)
§ 17.870.006 Effect of action-Planning commission.
The planning commission may take any one of the following actions on a proposed zoning ordinance amendment:
A.
Private Party Initiation. Deny the application or recommend to the city council that the proposed or a modified ordinance amendment be made. In the case of denial, the decision of the commission shall become final unless appealed to the city council pursuant to Chapter 17.880.
B.
Planning Commission Initiation. Table the matter or recommend to the city council that an ordinance amendment be made.
C.
City Council Directed or Initiated. Recommend to the city council that no amendment, a modified amendment or the proposed amendment to the zoning ordinance be made.
(Ord. 408, 1987; Ord. 753, 2003)
§ 17.870.007 Effect of action-City council.
A.
Following receipt of a recommendation from the planning commission on any proposed zoning ordinance amendment, the city council may either table, deny, approve or modify and approve the proposed zoning ordinance amendment.
B.
If the city council decision is to modify the recommendation of the planning commission, it may elect to take one of the following actions:
1.
Modify the planning commission's recommendation in any manner the council deems necessary and approve the application with the modifications.
2.
Refer the application back to the planning commission for further review and analysis.
3.
Refer the application to city staff for further review and analysis.
C.
Reapplication Restricted. Whenever a private-party application has been denied, no such application for the same or similar proposal affecting the same property, or any portion thereof, shall be filed within one year after the date of denial.
(Ord. 408, 1987; Ord. 753 § 1, 2003)
§ 17.870.008 Prescribed criteria.
No rezoning of property or text amendment shall occur which is inconsistent with the city's community development plan. In making a decision the planning commission and council shall consider the consistency of the proposed action to the community development plan and other applicable city plans, and shall consider whether the proposed action is inappropriate or otherwise contrary to the public interest.
(Ord. 408, 1987; Ord. 753, 2003)
§ 17.870.009 Appeal.
Action by the planning commission denying of a rezoning may be appealed pursuant to Chapter 17.880.
(Ord. 408, 1987)
§ 17.880.010 Right to appeal-Call for review-Time limits.
A.
Appeal. A decision of the community development director, zoning administrator, planning manager, or city engineer may be appealed to the planning commission. A decision of the planning commission may be appealed to the city council. Any interested person may appeal a decision.
B.
Call for Review. A decision of the community development director, zoning administrator, planning manager, city engineer, or other administrative official may be called up for review by a planning commissioner. A decision of the planning commission may be called up for review by a member of the city council. The planning commissioner or council member may call the matter for review for the good of the city, without stating specific reasons for the call. The act of calling the matter for review shall not, by itself, disqualify the planning commissioner or council member from participating as part of the decision-making body so long as that commissioner or council member is neutral and unbiased and has not previously announced to any member of the public or city staff a preferred outcome on the matter.
C.
Time Limits. An appeal or call for review must be submitted within ten days of the adoption of the resolution of decision.
(Ord. 977 § 6, 2016)
§ 17.880.020 Initiation of appeal or call for review.
A.
Filing Appeal or Call for Review. An appeal or call for review to the planning commission must be completed and filed with the community development director on a form provided by the city. An appeal or call for review to the city council must be completed and filed with the city clerk on a form provided by the city. An appeal must state specific reasons for the appeal and be accompanied by the appeal fee established by the city council.
B.
Effect on Decisions. A decision that is appealed or called up for review in a timely manner does not become effective until the appeal or review is decided and any further appeal period has passed, or the appeal is withdrawn. Without a timely appeal, an appellant waives his or her rights to challenge the decision by administrative process, judicial process or any other legal proceeding.
(Ord. 977 § 6, 2016)
§ 17.880.030 Procedures for appeals and calls for review.
A.
Hearing Date. The city will schedule an appeal or call for review for a hearing before the appellate body within forty-five days of the city's receipt of the appeal or call, unless both applicant and appellant consent in writing to a later date.
B.
Notice and Public Hearing. An appeal or review hearing will be a public hearing if the decision being appealed or reviewed requires a public hearing. The city will give notice of the public hearing in the manner required for the initial decision. The applicant need not post the property again for the appeal if the original posting notice under Section 17.800.009(C) advised interested persons to request further information from the city.
C.
Plans and Materials. At an appeal or review hearing the appellate body will consider the application, plans, exhibits, and related project materials that were the subject of the original decision.
D.
Withdrawal. The appellant may withdraw an appeal at any time before the beginning of the public hearing to consider the appeal by submitting a written request to either the community development director (for an appeal to the planning commission) or to the city clerk (for an appeal to the city council).
E.
Hearing. At the hearing, the appellate body shall review the record of the decision and hear testimony of the appellant, the applicant, and any other interested party. The hearing is a de novo hearing. The appellate body must apply the standards and finding requirements appropriate to the type of application. The hearing body may impose conditions of approval, including authorizing a subordinate hearing body to hear a future amendment or time extension.
F.
Decision and Notice. After the hearing, the appellate body will by appropriate resolution or ordinance affirm, modify, or reverse the original decision. When a decision is modified or reversed, the appellate body shall state the specific findings if required, or the reasons for modification or reversal.
If the matter is heard by the planning commission, the zoning administrator will mail notice of the planning commission's decision. If the matter is heard by the city council, the city clerk will mail notice of the city council's decision. The notice must be mailed within seven calendar days after the date of the decision to the applicant, the appellant, and any other party requesting notice.
(Ord. 977 § 6, 2016)
§ 17.880.040 Effective date.
A decision by the city council regarding an appeal or review becomes final on the date of the adopted written decision. A decision by the planning commission regarding an appeal or review becomes final ten days after the date the notice of decision is mailed, unless timely appealed to the city council.
(Ord. 977 § 6, 2016)
§ 17.890.001 Title and purpose of provisions.
§ 17.890.002 Duty of zoning administrator.
The zoning administrator shall have the primary responsibility in the enforcement of this title.
(Ord. 408, 1987)
§ 17.890.003 Duty of other city officers.
It is the duty of the building inspector and of all other officials of the city concerned with any of the matters regulated by this title, to enforce this title.
(Ord. 408, 1987)
§ 17.890.004 Conformity of permits and licenses.
Every department and every employee of the city authorized to issue permits or licenses affecting the use or occupancy of land or of a building or structure shall comply with the provisions of this title. Where any action of referral or any appeal is required by this title, no permit or license involved shall be issued unless and until such action has been taken and the time within which any further appeal could have been taken has expired. Any permit or license issued for a building, structure, use or occupancy contrary to the provisions of this title shall be void and of no effect.
(Ord. 408, 1987)
§ 17.890.005 Inspection and right of entry.
Whenever the city shall have cause to suspect a violation of any provision of the zoning regulations or whenever necessary to the investigation of an application for revocation of any zoning approval under any of the procedures described in the zoning regulations, the officials responsible for enforcement or administration of the zoning regulations or their duly authorized representatives may enter on any site or into any structure for the purpose of investigation, provided they do so in a reasonable manner. No secured building shall be entered without the consent of the owner or occupant thereof, nor shall the owner or occupant, after reasonable notice and opportunity to comply, refuse to permit such entry.
(Ord. 408, 1987)
§ 17.890.006 Revocation.
All permits or variances shall be subject to the plans and other conditions upon the basis of which they were granted. In the event of a violation of any of the provisions of the zoning regulations, or in the event of a failure to comply with any prescribed conditions of approval, the zoning administrator may submit to the planning commission a report and recommendation for revocation of the permit and the planning commission may revoke any permit or variance, after notice and hearing. In case of revocation of a permit, or variance the decision of the commission shall become final fourteen days after the date of the decision unless appealed to the council in accordance with Chapter 17.880.
(Ord. 408, 1987)
§ 17.890.007 Penalties.
Any person who knowingly violates or causes or permits another person to violate any provision of this title is guilty of an infraction, and upon conviction shall be punishable by a fine of not more than two hundred fifty dollars. A violator may be deemed guilty of a separate offense for each day during any portion of which a violation of this title is committed, continued or permitted.
(Ord. 408, 1987)
§ 17.900.001 Purpose and intent.
The purpose and intent of this chapter is to encourage new development in the downtown (DT) zone; to carefully consider the impacts of new commercial development on the viability on the downtown, to facilitate the expansion of existing businesses that will draw additional shoppers to downtown; to develop a design plan for the downtown to create a feeling of unity and destination so that buildings compliment each other; to establish development and operational standards for the review of outdoor dining uses and merchandise display in the downtown (DT) zone; and to encourage business organizations to sponsor retail events to bring shoppers to the downtown area on a regular basis.
(Ord. 853 § 9, 2008)
§ 17.900.002 Outdoor dining uses in the public right-of-way defined.
"Outdoor dining uses in the public right-of-way" means eating or drinking establishments which serves ready-to-eat food and/or beverages, having outdoor dining areas in or on a public right-of-way.
(Ord. 853 § 9, 2008)
§ 17.900.003 Outdoor merchandise displays in and out of the public right-of-way defined.
"Outdoor merchandise displays in and out of the public right-of-way" means retail commercial establishment displays of merchandise offered for sale, in the public right-of-way or that can otherwise be seen from ground level of a public right-of-way.
(Ord. 853 § 9, 2008)
§ 17.900.004 Applicability of outdoor dining uses and merchandise displays standards.
Establishment of an outdoor dining use or merchandise display in the public right-of-way shall require design review approval and issuance of an outdoor dining/merchandise display permit by the director of community development or designee and shall be prepared and submitted pursuant to Chapter 17.800 of the Brentwood Municipal Code. The director of community development or designee shall follow the procedures of this chapter prior to issuing an outdoor dining/merchandise display permit and notices for outdoor dining uses serving alcoholic beverages shall be sent to all property owners and businesses within three hundred feet of the proposed site. The director of community development or designee may establish conditions of approval for the outdoor dining use or merchandise display permit as necessary to achieve the requirements of this chapter. Upon receipt of an application for outdoor dining permit serving alcoholic beverages, the director of community development or designee shall refer the application to the chief of police for his or her review and comment. Approval of the outdoor dining permit by the director of community development or designee shall also fulfill the requirements of Chapter 9.36 of the Brentwood Municipal Code.
(Ord. 853 § 9, 2008)
§ 17.900.005 Required standards.
No outdoor dining use or merchandise display in the public right-of-way may be approved unless all of the following development and operational standards are met:
A.
Outdoor dining use shall be permitted as allowed under the downtown core street alt. "B" flexible zone and as shown in the downtown specific plan, or on public sidewalks as long as all other applicable regulations are adhered to.
B.
A four-foot unobstructed sidewalk clearance for pedestrians and wheelchairs shall be maintained at all times from a table, chair, bench, display, planter, or any other appurtenance used as part of a sidewalk dining area or sidewalk decorative display. No sidewalk dining area or sidewalk decorative display shall be located so as to block access to or from a building. A minimum unobstructed clear area shall be maintained which extends two feet to either side of both door jambs and eight feet perpendicularly from the door in a closed position. On a corner lot, no sidewalk dining area or sidewalk decorative display shall be located within the area bounded by the extensions of the corner building walls between the building and the curb.
C.
Sidewalk decorative displays shall occupy no more than fifty square feet per business. All sidewalk decorative displays shall be removed daily after business hours. All sidewalk dining furniture, including planters or other approved barriers around a sidewalk dining area, may remain if unable to be easily moved. No portion of a sidewalk dining area or sidewalk decorative display shall be permanently attached to the sidewalk.
D.
Any umbrella, heater, or similar feature used in a sidewalk dining area or sidewalk decorative display shall maintain a minimum height clearance of seven feet and be safely secured to the satisfaction of the director of public works/city engineer and chief building official or their designees.
E.
Sidewalk dining areas and sidewalk decorative displays shall generally be located within the sidewalk area fronting the establishment. Such areas may be extended beyond the frontage with the approval of any affected business owner and the director of community development or designee.
F.
Outdoor dining and merchandise display in the public right-of-way shall not be required to provide additional parking spaces for the outdoor area.
G.
Any outdoor lighting associated with outdoor dining areas shall be subject to the approval of the director of community development or designee.
H.
Sound amplification devices and/or musical instruments providing background music for listening pleasure, shall be allowed in the outdoor dining areas to the approval of the director of community development or designee.
I.
The design and appearance of all proposed improvements or furniture, including, but not limited to, tables, chairs, benches, umbrellas, planters, and menu boards, to be placed in the sidewalk dining area shall present a coordinated theme and be compatible with the appearance and design of the principal building, as determined by the director of community development and chief building official or their designees. The use of plastic tables and chairs is prohibited. Sidewalk decorative displays shall be designed to enhance the appearance of a structure or site and shall present an attractive arrangement of merchandise sold within the store. Sidewalk dining and/or outdoor merchandise display may only occur during the hours of operation established for the individual businesses.
J.
The permittee shall maintain the sidewalk dining area or sidewalk decorative display area, and the adjoining street, curb, gutter, and sidewalk in a neat, clean, and orderly condition at all times. This shall include all tables, chairs, benches, displays, or other appurtenances placed in the public right-of-way. Provisions shall be made for trash receptacles to serve the sidewalk dining area, subject to the approval of the director of public works/city engineer and director of community development or designees. The permittee, on a regular basis, shall clean the surface of the sidewalk by washing or buffing to remove any stains, marks, or discoloring to the satisfaction of the director of public works/city engineer or designee. In the event damage does occur to the adjoining street, curb, gutter, or sidewalk the permittee shall notify the city of the damages and shall be responsible for all repairs of said damages subject to the review and approval of the director of public works/city engineer and chief building official or designees.
K.
Special Standards for Outdoor Dining Areas with Alcoholic Beverage Service.
1.
Alcoholic beverages may only be served in sidewalk dining areas which are established in conjunction with an eating or drinking establishment.
2.
The sidewalk dining area shall be physically separated from the rest of the sidewalk by a barrier no greater than three feet in height. The barrier shall be compatible with the appearance and design of the building and the rest of the sidewalk dining area and shall be subject to the approval of the chief of police, director of public works/city engineer and director of community development or designees. The barrier shall be portable and may consist of planters, removable bollards, or similar features which involve no alteration or damage to the sidewalk.
3.
A sign shall be posted within the establishment, subject to the approval of the chief of police and director of community development or designees, stating that alcoholic beverages must be kept within the sidewalk dining area at all times.
4.
The capacity of the sidewalk dining area shall be limited to the number of seats, as approved by the director of community development or designee.
5.
No bar shall be allowed in the sidewalk dining area.
6.
A license shall be obtained from the Department of Alcoholic Beverage Control (ABC) prior to the operation of a sidewalk dining area serving alcoholic beverages and shall be maintained continuously as long as alcoholic beverages are served in the sidewalk dining area. Loss of such license shall automatically constitute termination of the city permit to serve alcoholic beverages in the sidewalk dining area.
L.
In addition to whatever signage may be permitted for the dining establishment use by the specific plan, and notwithstanding any provisions of the specific plan to the contrary, provided that the sign is attractively designed, maintain adequate pedestrian and vehicle sight clearance per subsection B of this section, does not block the visibility of display windows or signage of any adjacent business, is stored indoors after hours of operation, and is limited to no more than a thirty-six inch by eighteen inch area. Additional signage on umbrellas may also be permitted. Umbrella signage shall be limited to the business name only and shall consist of only one line of lettering not to exceed twelve inches in height. The director of community development or designee shall have design review authority for signs used in conjunction with outdoor dining uses and shall carry out such design review authority in conjunction with the overall review of the outdoor dining use.
M.
No outdoor dining or merchandise display in the public right-of-way, including furnishings and signs, shall block visibility of display windows or signage of adjacent businesses, unless written consent of any affected business owner to block visibility is obtained by the applicant and provided to the director of community development or designee.
N.
The permittee shall pay any applicable outdoor dining and merchandise display permit fee established by the city's cost allocation plan. Applications for an outdoor dining or merchandise display permit in the public right-of-way shall be filed by the operator of the use, or by an agent, trustee or attorney for the operator.
(Ord. 853 § 9, 2008; Ord. 882 § 2, 2010)
§ 17.900.006 Indemnification and insurance.
The permittee shall be required to defend, indemnify and hold harmless the city and its officers and employees from and against all claims, losses, damage, injury and liability for damages arising from the permit tee's use of the public right-of-way. The permittee shall provide to the city in a form and in amounts acceptable to the city attorney or designee, certificates of insurance evidencing the existence of a general liability policy covering the area subject to the permit.
(Ord. 853 § 9, 2008)
§ 17.900.007 Suspension of permit.
The director of public works/city engineer or designee shall have the right to suspend or prohibit the operation of a sidewalk dining area or require removal of a sidewalk decorative display at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area. Such problems or conflicts may arise from, but are not limited to, scheduled festivals, parades, marches and similar special events; repairs to the street, sidewalk or other public facility; or from demonstrations or emergencies occurring in the area. To the extent possible, the city will give prior written notice of any time period during which the operation of the sidewalk dining area or sidewalk decorative display must be suspended.
(Ord. 853 § 9, 2008)
§ 17.900.008 Violation of conditions.
A.
If any portion of a sidewalk dining area or sidewalk decorative display obstructs the public right-of-way beyond which is provided for in this chapter, the director of community development or designee shall immediately direct the permittee to move the obstruction. If the permittee fails to do so, the director of community development or designee is entitled to immediately move the obstruction.
B.
If the sidewalk dining area or sidewalk decorative display is not maintained in a neat, clean, and orderly condition, or as conditioned by the director of community development, the director of community development or designee shall direct that the permittee or property owner correct the condition and/or remove the furniture, displays, and appurtenances. If the director of community development or designee finds that it is necessary to remove the furniture, displays, or appurtenances in the interest of the public health, safety, or general welfare and the permittee fails to remove them, the director of community development or designee may immediately remove them at the expense of the permittee or property owner.
C.
A sidewalk dining/decorative display permit may be revoked by the director of community development or designee upon a determination that the permittee has not complied with the provisions of this chapter or the conditions of the design review approval. The director of community development or designee shall hold a hearing and, if not satisfied that the provisions or conditions are being complied with, shall revoke the permit or take such actions as may be necessary to ensure compliance with the regulation or condition.
D.
The director of community development or designee shall suspend the service of alcoholic beverages in the sidewalk dining area and shall hold a hearing on the matter as provided in Section 17.900.010(C), if a sidewalk dining area serving alcoholic beverages is not operated as required in this chapter, or if the restaurant operator is not able to control patrons consuming alcoholic beverages to the extent that patrons demonstrate a pattern of behavior of loud, offensive, or abusive actions, the physical or verbal harassment of passers-by, or the removal of alcoholic beverages from the sidewalk dining area.
(Ord. 853 § 9, 2008)
§ 17.900.009 Procedure for outdoor merchandise displays not in the public right-of-way.
Any business wanting to establish an outdoor merchandise display area that can otherwise be seen from ground level of a public right-of-way and is located on-site and outside of the public right-of-way outdoor merchandise display area, as described in this chapter, shall submit a design review application for the outdoor merchandise display area to the city, for review an approval, pursuant to Chapter 17.820 of the Brentwood Municipal Code, prior to establishing the outdoor merchandise display area on-site. The purpose of this is to foster an attractive design for the outdoor merchandise display area through consideration of aesthetic and functional relationships to surrounding business establishments and in order to further enhance the city's appearance, and the livability and usefulness of the properties. The intent of this is to allow decorative outdoor display of merchandise and not outdoor storage of merchandise.
(Ord. 853 § 9, 2008)
§ 17.900.010 Appeal.
Action of the community development director may be appealed pursuant to Chapter 17.880 of the Brentwood Municipal Code.
(Ord. 853 § 9, 2008)
§ 17.910.001 Purpose and intent.
The purpose of this chapter is to implement provisions regarding replacement housing contained in the Housing Crisis Act of 2019 (Government Code Section 66300.5 et seq.), Density Bonus Law (Government Code Section 65915 et seq.) and Housing Element Law (Government Code Section 65583.2) (collectively State Replacement Housing Law) to insure that the city does not approve a development project that does not meet the requirements of State Replacement Housing Law.
(Ord. 1084, 3/11/2025)
§ 17.910.002 Definitions.
is as defined in State Replacement Housing Law.
shall mean certain residential dwelling units as defined in State Replacement Housing Law.
(Ord. 1084, 3/11/2025)
§ 17.910.003 Applicability.
A.
The city shall not approve or issue a building permit for a housing development project that will require the demolition of one or more residential dwelling units unless the project will create at least as many residential dwelling units as will be demolished.
B.
The city shall not approve or issue a building permit for any development project that will require the demolition of occupied or vacant protected units, or that is located on a site where protected units were demolished in the previous five years, unless the development project meets all of the requirements of State Replacement Housing Law.
C.
This chapter shall be applicable to all applications for development projects, a change in the number of dwelling units of existing projects, a land subdivision, and a change of a residential use to another use.
If any section of this chapter conflicts with State Replacement Housing Law or other applicable state law, state law shall supersede this chapter. References to state statutes, codes, or regulations include successor provisions.
(Ord. 1084, 3/11/2025)
§ 17.910.005 Requirements.
All development projects shall submit a replacement unit determination application.
(Ord. 1084, 3/11/2025)