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CITY COUNCIL AGENDA ITEM NO. 30

Meeting Date: April 23, 2002

Subject/Title: Return to the City Council with a resolution granting the appeal and denying without prejudice Design Review No. 01-32 (Lone Tree Center).

Submitted by: Community Development (Oshinsky/Zilm) 

Approved by: John Stevenson, City Manager


RECOMMENDATION
Approve the attached Resolution granting the appeal of Design Review No. 01-32 and deny without prejudice the project to construct a 179,500 sq. ft. shopping center located north of Lone Tree Way and east of Empire Avenue. 

COMMENTS
On April 9, 2002 the City Council held a public hearing to consider various appeals that were filed, including an appeal by the law firm of Adams, Broadwell, Joseph and Cardozo on behalf of the United Food and Commercial Workers Union Local 1179, disagreeing with the conclusions of the Lone Tree Center Environmental Impact Report with regards to traffic and air quality for Design Review No. 01-32 to allow for the construction of a 179,500 sq. ft. retail shopping center. The City Council voted 3 – 2 to grant the appeal and deny without prejudice the project to construct a 179,500 sq. ft. shopping center.

At the April 9th meeting staff did not have a resolution with the findings as it related to the City Council’s vote and therefore is bringing the revised resolution back to the City Council for review and approval. 


Attachments:
A. Revised Resolution No. ____ 



“ATTACHMENT A”

RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO OVERTURN THE PLANNING COMMISSION’S APPROVAL AND GRANTS THE APPEAL OF DESIGN REVIEW NO 01-32 AND DENY, WITHOUT PREJUDICE, THE PROJECT TO CONSTRUCT A 179,500 SQ. FT. SHOPPING CENTER LOCATED NORTH OF LONE TREE WAY AND EAST OF EMPIRE AVENUE. 

WHEREAS, on February 5, 2002, the Planning Commission conducted a public hearing and approved Design Review No. 01-32 to allow for the construction of a 179,500 sq. ft. shopping center; and

WHEREAS, an Environmental Impact Report (EIR) has been prepared for this project in accordance with the California Environmental Quality Act (CEQA) and was considered as a part of the review and approval process. The EIR identified potentially significant environmental effects associated with the proposed project which can be feasibly mitigated or avoided and those mitigated measures were included in the project conditions of approval and would reduce the impacts identified to a less than significant level; and

WHEREAS, the City of Brentwood Planning Commission certified the Final Environmental Impact Report for the Lone Tree Center and approved the Project on February 5, 2002; and
WHEREAS, an appeal of the City Planning Commission’s approval of Design Review No. 01-32 was filed; and
WHEREAS, various appeals were filed, including an appeal by the law firm of Adams Broadwell Joseph and Cardozo on behalf of the United Food and Commercial Workers Union (“UFCW”) Local 1179 on February 19, 2002, disagreeing with the conclusions of the Lone Tree Center Environmental Impact Report with regard to traffic and air quality issues.
WHEREAS, the City Council has held a public hearing and considered all of the appeals, and all oral and written testimony presented at the April 9, 2002 Council meeting; and

WHEREAS, the City Council has considered the issues raised in this appeal and the staff’s analysis; and
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Brentwood does hereby adopt Resolution No. ____ to not certify the EIR, overturn the Planning Commission’s approval of Design Review No. 01-32, grant the appeal, and deny the project for the following reasons:

• The traffic analysis in the Lone Tree Center EIR used the inappropriate trip generation rate.
• Because the trip generation rates were incorrect, the traffic analysis inaccurately predicted potential traffic impacts from the project and the mitigation measures required by the Planning Commission are inappropriate.
• Because the EIR’s analysis of potential air quality impacts related to traffic generated pollutants and effects on an adjacent public high school was also incorrect.

PASSED by the City Council of the City of Brentwood at its regular meeting on the 23rd day of April, 2002, by the following vote:


AYES:
NOES:
ABSENT:
ABSTAIN:


APPROVED:

_____________________________ 
Michael A. McPoland, Sr., Mayor

ATTEST:

___________________________
Karen Diaz, CCM 
City Clerk