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Meeting Date: October 22, 2002

Subject/Title: Approve amendment to the City Council Meeting Minutes of August 13, 2002.

Submitted by: Karen Diaz, CMC, City Clerk/Director of Administrative Services

Approved by: John Stevenson, City Manager

Approve amendment to the City Council Meeting Minutes of August 13, 2002.

On August 27, 2002, Council approved the minutes of the August 13, 2002 City Council Meeting. 

On September 14, 2002 the City Clerk’s office received a request to amend Item 16 of the minutes to reflect the “lack of an EIR” as one of the concerns voiced by Brentwood residents during the Public Hearing.



• City Council Meeting Minutes of August 13, 2002, Item 16 
16. Consideration of an appeal of the Planning Commission's approval of a Conditional Use Permit (CUP 02-10) to allow a health club within Building 'A' of the Guthrie Commercial Complex, located on the east side of Guthrie Lane, approximately 250 feet south of Balfour Road (APN 010-150-034) of Conditional Use Permit Number 02-10 (Club One). 

Councilmember Hill excused himself from the dais because his personal residence is within 500 feet of the project. 

Mayor McPoland excused himself from the dais. His restaurant has catered meals for the applicant within a twelve month period and even though this time frame falls within the FPPC guidelines, he is choosing to excuse himself to avoid any appearance of conflict. 

Erik Nolthenius, Associate Planner, introduced the item explaining that on July 2, 2002, the Planning Commission held a public hearing to consider the application submitted by New Point Development, LLC, to allow a health club within Building 'A' of the Guthrie Commercial Complex. The Commission voted to approve Conditional Use Permit No. 02-10 with conditions. This action was appealed by Bernita Stanley within the 14-day appeal period. The appeal points are as follows:

• Noise generated during regular sleeping hours. Mr. Nolthenius responded that the Planning Commission has required that two signs and a barricade be installed in the northeast corner of the site prohibiting parking in that area between the hours of 9 p.m. - 7 a.m. 

• The complete lack of independence between the developer and the Planning Commission. Mr. Nolthenius stated that Mr. Mosser, representing the applicant, resigned his seat from the Planning Commission prior to submittal of the CUP application for this project and prior to the Public Hearing for this project. Mr. Mosser's role in this project was the same as any other developer.

• The total disregard for the parking space requirements which were imposed on Universal Fitness. Mr. Nolthenius responded that the Zoning Ordinance does not specify a parking requirement for health clubs or similar kinds of uses. 

• Another disregarded previous action was the decision to allow a health club to abut residences. Mr. Nolthenius noted that a formal application was never filed in the past to allow a health club or similar use on the project site or in the vicinity. There is no documentation as to why it may have been turned down. The City Council should consider the use and parking based on the facts and issues before it at this time. 

The Public Hearing was opened. 

Bernita Stanley, appellant, commented that she was mainly concerned with noise issues. The houses that have a second story will not be protected. Ms. Stanley also expressed concern with what she feels is misinformation supplied by Matt Ellison. A letter supplied by Mr. Ellison talks of installing offices which will be quiet in the evenings and on the weekends. Ms. Stanley also felt that Mr. Mosser’s resignation from the Planning Commission was tardy. She feels that Mr. Mosser may have had undue influence on the Planning Commission with regards to the project. Ms. Stanley also stated that she felt Club One was receiving preference over Universal Fitness with regards to parking spaces. Lastly Ms. Stanley mentioned the difficulty she felt the residents would have accessing their homes on Balfour Road with the increase in traffic generated by the health club.

Chris Mosser, representing Mr. Ellison with New Point Development, LLC, commented on each appeal point. Mr. Mosser stated that both a noise and parking study were conducted and each was found to be adequate. Mr. Mosser commented that it is unfortunate that the appellant has chosen to politicize the issue as a means to appeal an approved project. Mr. Mosser reiterated with regard to accusation that a previous health club applicant was not allowed to abut residences that a formal application was never filed in the past to allow a health club or similar use on the project site or in the vicinity. He concluded that the development is in line with the General Plan and asked that Council uphold the Planning Commission decision to approve the CUP and deny the appeal.

Councilmember Petrovich asked if he had a certified report from a noise engineer. 

Mr. Mosser responded that the noise test was done on the roof of the Technology Center by Lloyd Dinskelspiel, Building Inspector for the City of Brentwood. 

Councilmember Petrovich responded that unless he had a certified report from a noise engineer the report is unacceptable. 

The following residents spoke in favor of the appeal. Their concerns were noise, hours of operation, parking, lack of an EIR and the appearance of impropriety on the part of the project participants.

• Mary Richards, resident 
• Charles Richards, resident
• Robert Stanley, resident
• Steven Schumaker, resident 

There being no one wishing to speak, the Public Hearing was closed. 

Councilmember Petrovich asked Howard Sword, Director of Economic Development, to explain the proposed $100,000.00 PEC Fund Grant for Ellison Framing.

Mr. Sword responded that the PEC Fund Grant is not a gift of public funds but a grant given for job creation. It was staff’s opinion of the 155 jobs that would be created with both the health club and the other tenants of the complex, that would be approx. $667.00/job, which is a relatively small amount in comparison to other PEC grants which have been made.

Councilmember Petrovich asked if there are any other PEC grants in the area that are similar to the one proposed for Ellison Framing.

Mr. Sword responded that Precision Cabinets, which is located in the same area received a PEC grant. 

Councilmember Beckstrand asked for clarification on the map of the project. The map in the Council packet has both the NE corner and the SE corner of the parking lot closed but the written comments only discuss the NE corner of the parking lot.

Mitch Oshinsky, Director of Community Development, commented that there is a condition of approval that the NE Corner of the parking lot, which is closest to the health club, be blocked off during the evening hours so the noise does not impact the surrounding neighbors. The Planning Commission did not require the developer to block off the SE Corner of the parking lot but the developer has proposed to do that as a courtesy to the adjacent property owners. 

Councilmember Beckstrand asked if there would be adequate parking for the Health Club during the evening hours if both parking sections were blocked off. 

Mr. Oshinsky responded that he thought there would be sufficient parking. If additional parking is needed, the gate can be taken off the other section.

Councilmember Beckstrand commented that if this project were to move forward she would like to see both of the lots blocked off to help alleviate the noise impact to the neighborhoods.

Councilmember Gomes stated that one of the priorities the City has set is to generate jobs in the City. PEC grants generate jobs. The City is trying to reduce traffic by giving our residents job opportunities in town instead of having to commute on the freeway every day. If we can create 155 jobs at this location, that is 155 people whose quality of life we have greatly increased. Our City would never allow any business to generate noise that exceeds the legal levels that we have in our City. If that would even occur after the club was built and you complain to the City, we would shut them down until they mitigate those impacts on surrounding neighborhoods. 

Councilmember Beckstrand stated that she understands the public’s concerns. She commented she did not believe Mr. Ellison tried to deceive the property owners but really believed as the usage changed, that that was what was conceivable for that property at the time. Changes are constantly being made. The project was properly noticed. The City works hard to keep the public informed at all times. We have even held Public Hearings on projects when they were not required. We, as property owners, need to understand that if something is going on in our neighborhood, we need to stay on top of it. 

Councilmember Petrovich stated that he has studied the project and concurs that there will not be a noise problem. He further stated that Chris Mosser would not use his influence to try to get the project approved and he has not known Mr. Mosser to do anything unethical. 


It was moved/seconded by Gomes/Beckstrand to deny the appeal and approve Resolution 2642A upholding the Planning Commission’s approval of a Conditional Use Permit (CUP 02-10) to allow a health club within Building ‘A’ of the Guthrie Commercial Complex, located on the east side of Guthrie Lane, approximately 250 feet south of Balfour Road (APN 010-150-034) of Conditional Use Permit Number 02-10 (Club One). Motion passed by the following vote:

AYES: Councilmember Beckstrand, Gomes, Petrovich
NOES: None
ABSTAIN: Councilmember Hill, Mayor McPoland

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