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Brentwood City Zoning Code

ARTICLE VII

Agricultural and Open Space Zoning Regulations

§ 17.400.001 Title and purpose of provisions.

A. 
Title. The provisions of this article shall be known as the "agricultural and open space zoning regulations" of this title.
B. 
Purpose of Provisions. The purpose of the agricultural and open space zones and the regulations applying to these zones include the following:
1. 
To provide land use designations which will retain primary agricultural use to the greatest extent possible and protect such agricultural areas from urban encroachment;
2. 
To conserve certain areas slated for future planning of land use jointly between the city, county and adjacent communities primarily along the corridor for the proposed Highway 4 extension;
3. 
To preserve areas for parks, greenways, recreational areas and similar open space uses to meet the needs of the community.
(Ord. 408, 1987)

§ 17.400.002 Applicability of provisions.

These regulations shall apply to the A-10, A-20, AP and OS zones unless expressly provided otherwise, and are supplementary to the agricultural and open space zoning regulations of this title.
(Ord. 408, 1987)

§ 17.400.003 Design review required.

See Section 17.100.003.
(Ord. 408, 1987)

§ 17.400.004 Design criteria.

See Section 17.100.004.
(Ord. 408, 1987)

§ 17.400.005 Secondary housing units.

See Section 17.100.005.
(Ord. 408, 1987)

§ 17.400.006 Nonconforming lots.

See Section 17.610.014.
(Ord. 408, 1987)

§ 17.410.001 Purpose of provisions.

The purpose of the A-10 (agricultural conservation) zone is to provide areas for general agricultural uses and to preserve lands best suited to agriculture against premature urban encroachment and to prevent the premature intrusion of incompatible activities.
(Ord. 408, 1987)

§ 17.410.002 Permitted uses.

The following uses are permitted within the A-10 zone:
A. 
One single-family dwelling per parcel, including manufactured homes;
B. 
Rooming and boarding subject to Section 17.650.003;
C. 
Accessory facilities or buildings related to the primary use subject to Chapter 17.660;
D. 
Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;
E. 
Home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840;
F. 
Small family residential care facilities subject to locational criteria adopted by resolution of the planning commission of the city of Brentwood;
G. 
Signs subject to Chapter 17.640;
H. 
All types of agriculture, including general farming, horticulture, floriculture, nurseries and greenhouses, mushroom rooms, forestry and similar agricultural uses other than those uses identified as conditionally permitted;
I. 
Other agricultural uses, including the erection and maintenance of sheds, warehouses, granaries, dehydration plants, hullers and similar uses necessary for the primary processing, packing and shipping of agricultural products;
J. 
A temporary stand not exceeding two hundred square feet for the sale of agricultural products predominantly grown in the East Contra Costa County area. The stand shall be set back at least twenty-five feet from the front property line and shall be placed out of view from the public right-of-way when the stand is not in regular use. The stand shall be subject to the approval and conditions of a temporary use permit pursuant to Chapter 17.850;
K. 
Limited animal husbandry and private kennels subject to the provision of Chapter 17.670.
(Ord. 408, 1987)

§ 17.410.003 Conditionally permitted uses.

The following uses are permitted only on the granting of a conditional use permit pursuant to Chapter 17.830:
A. 
Animal husbandry;
B. 
Merchandising of agricultural supplies and services incidental to an agricultural use, canneries, wineries and processing of agricultural products;
C. 
Cold storage plant, slaughter houses, stock yards, livestock sales or auction yards;
D. 
Commercial recreation uses which are primarily open and not within a building;
E. 
Secondary housing units subject to Section 17.100.005;
F. 
Large residential care facilities and day care centers subject to locational criteria adopted by resolution of the planning commission of the city of Brentwood.
(Ord. 408, 1987)

§ 17.410.004 Regulations for lot area, density, yards, height and related matters.

The following regulations shall apply to the A-10 zone:
A. 
Minimum lot area: ten acres;
B. 
Minimum lot width: three hundred feet;
C. 
Minimum front yard: fifty feet;
D. 
Minimum side yard: twenty-five feet;
E. 
Minimum rear yard: fifty feet;
F. 
Yards—accessory buildings and structures:
1. 
Minimum setback from main building: eight feet except for accessory buildings housing animals or livestock which shall be set back thirty feet,
2. 
Minimum rear yard: twenty feet,
3. 
Minimum side yard: ten feet,
4. 
No accessory building or structure housing animals, grain-fed rodents, bees, birds or poultry shall be located nearer than fifty feet of any residential land use district or a main building on an adjacent lot;
G. 
Maximum Building Height. No accessory or main building shall exceed a height of two-and-one-half stories or thirty-five feet, unless a greater building height is approved by a conditional use permit;
H. 
Architectural features may project into any required yard pursuant to Chapter 17.660.
(Ord. 408, 1987)

§ 17.410.005 Other regulations.

A. 
Off-street parking shall be provided pursuant to Chapter 17.620 and Sections 17.100.004H.
B. 
Design review shall be required for all housing units pursuant to Section 17.100.003 and 17.100.004.
C. 
Accessory buildings shall be prohibited in any required front yard.
D. 
A water well with minimum enclosure shall be permitted in any required front yard provided the well site is in the only possible location on the property.
(Ord. 408, 1987)

§ 17.420.001 Purpose of provisions.

The purpose of the A-20 (intensive agricultural) zone is to provide for intensive agricultural uses and to preserve lands best suited for intensive long-term agricultural use against urban encroachment and to prevent the intrusion of incompatible activities.
(Ord. 408, 1987)

§ 17.420.002 Permitted uses.

All uses identified as permitted uses within the A-10 zone, Section 17.410.002, are permitted uses within the A-20 zone.
(Ord. 408, 1987)

§ 17.420.003 Conditionally permitted uses.

All uses identified as a conditionally permitted use within the A-10 zone Section 17.410.003, except 17.410.003D, commercial recreational uses, are conditionally permitted uses within the A-20 zone, and permitted only on the granting of a conditional use permit pursuant to Chapter 17.830.
(Ord. 408, 1987)

§ 17.420.004 Regulations for lot area, density, yards, height and related matters.

The following development regulations shall apply to the A-20 zone:
A. 
Minimum lot area: twenty acres;
B. 
Minimum lot width: five hundred feet;
C. 
Minimum front yard: fifty feet;
D. 
Minimum side yard: twenty-five feet;
E. 
Minimum rear yard: fifty feet;
F. 
Yards—accessory buildings and structures:
1. 
Minimum setback from main building: eight feet except for accessory buildings housing animals or livestock which shall be set back thirty feet,
2. 
Minimum rear yard: twenty feet,
3. 
Minimum side yard: ten feet,
4. 
No accessory building or structure housing animals, grain-fed rodents, bees, birds or poultry shall be located nearer than fifty feet of any residential land use district or main building on an adjacent lot;
G. 
Maximum Building Height. No accessory or main building shall exceed a height of two-and-one-half stories or thirty-five feet, unless a greater building height is approved by a conditional use permit.
(Ord. 408, 1987)

§ 17.420.005 Other regulations.

A. 
Off-street parking shall be provided pursuant to Chapter 17.620 and Section 17.100.004H.
B. 
Design review shall be required for all housing units pursuant to Section 17.100.003 and 17.100.004.
C. 
Accessory buildings shall be prohibited in any required front yard.
D. 
A water well with minimum enclosure shall be permitted in any required front yard provided the well site is in the only possible location on the property.
(Ord. 408, 1987)

§ 17.430.001 Purpose of provisions.

The purpose of the AP (agricultural preserve) zone is to provide areas intended for the commercial production of food and fibre and other compatible uses consistent with the intent and purpose of the Land Conservation Act of 1965 (Williamson Act) and any subsequent amendments to such Act.
(Ord. 408, 1987)

§ 17.430.002 Establishment of AP zone.

Upon establishment of an agricultural preserve, in accordance with the Land Conservation Act of 1965, Section 51200 et seq., of the California Government Code, and any subsequent amendments to such act, the property shall be zoned AP (agricultural preserve) zone. Establishment of an agricultural preserve shall be initiated by the property owner in accordance with city regulations, policy and procedure and in accordance with Section 51200 of the California Government Code.
(Ord. 408, 1987)

§ 17.430.003 Permitted uses.

All uses identified as permitted uses within the A-10 zone, Section 17.410.002, are permitted within the AP zone.
(Ord. 408, 1987)

§ 17.430.004 Conditionally permitted uses.

All uses identified as a conditionally permitted use within the A-20, Section 17.420.003, are conditionally permitted within the AP zone, and permitted only on the granting of a conditional use permit pursuant to Chapter 17.830.
(Ord. 408, 1987)

§ 17.430.005 Regulations for lot area, density yards, height and related matters.

The following regulations shall apply to the AP zone:
A. 
Minimum lot area: twenty acres;
B. 
Minimum lot width: five hundred feet;
C. 
Minimum front yard: fifty feet;
D. 
Minimum side yard: twenty-five feet;
E. 
Minimum rear yard: fifty feet;
F. 
Yards—accessory buildings and structures:
1. 
Minimum setback from main building: eight feet except for accessory buildings housing animals or livestock which shall be set back thirty feet,
2. 
Minimum rear yard: twenty feet,
3. 
Minimum side yard: ten feet,
4. 
No accessory building or structure housing animals, grain-fed rodents, bees, birds or poultry shall be located nearer than fifty feet of any residential land use district or a main building on an adjacent lot;
G. 
Maximum Building Height. No accessory or main building shall exceed a height of two-and-one-half stories or thirty-five feet, unless a greater building height is approved by a conditional use permit.
(Ord. 408, 1987)

§ 17.430.006 Other regulations.

A. 
Off-street parking shall be provided pursuant to Chapter 17.620 and Section 17.100.004H.
B. 
Design review shall be required for all housing units pursuant to Section 17.100.003 and 17.100.004.
C. 
Accessory buildings shall be prohibited in any required front yard.
D. 
A water well with minimum enclosure shall be permitted in any required front yard provided the well site is in the only possible location on the property.
E. 
Minimum Zoning District Size. All agricultural preserves established and AP zones established shall be a minimum of one hundred acres in size.
(Ord. 408, 1987)

§ 17.440.001 Purpose of provisions.

The purpose of the OS (open space) zone is to provide for the control, protection and use of open space lands which form a part of the park and open space system of the city of Brentwood. This land use designation shall include all public parks, playgrounds, linear parks or greenways, golf courses and country clubs and similar uses of a predominantly open nature intended for public use.
(Ord. 408, 1987)

§ 17.440.002 Permitted uses.

The following uses are permitted within the OS zone:
A. 
Active and passive public recreational areas including any structures incidental to such use;
B. 
Public or quasi-public rights-of-way for utility, irrigation, drainage, railroad or similar areas utilized for or having the potential to be utilized for linear trails, bicycle, pedestrian or horse trails and similar uses;
C. 
Open space as a reserve for fire protection, seismic safety, water conservation, protection of view or similar appropriate purposes.
(Ord. 408, 1987)

§ 17.440.003 Conditionally permitted uses.

The following uses require special consideration and approval of a conditional use permit in accordance with Section 17.830:
A. 
An addition to an existing structure which will increase the coverage of the structure by five hundred square feet, or any new structure in excess of five hundred square feet, except minor recreational structures such as playground equipment, trellises and similar uses;
B. 
Any commercial use which may be conducted on open space land without substantially detracting from its value as open space such as golf courses, riding academy or stables, tennis or swim club and similar recreational related uses of a predominantly open nature.
(Ord. 408, 1987)

§ 17.440.004 Regulations for lot area, density, yards, height and related matters.

All uses within the OS zone are subject to the design and site development review procedures established in Section 17.820. The setback, building height, parking and other design and performance criteria shall be established at the time of the proposed development and in accordance with any development standards established by resolution for the type of use proposed.
(Ord. 408, 1987)