City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 17

Meeting Date: September 27, 2005

Subject/Title: Introduce and waive the first reading of an ordinance amending Planned Development 38 (PD-38) amending the development standards and uses within Subarea B of this zoning designation. The site is located at the northeast corner of Lone Tree Way and Empire Avenue.
Prepared by: Debbie Hill, Associate Planner

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
The Planning Commission and staff recommend that the City Council introduce and waive the first reading of an ordinance approving a zoning amendment to Planned Development 38 amending the development standards and uses within Subarea B of this zone. The site is located at the northeast corner of Lone Tree Way and Empire Avenue.

PREVIOUS ACTION
When this property was annexed to the City with the northwest annexation in 1998, the area designated as SPA F in the General Plan was prezoned to Planned Development (PD-38) but no development standards or uses were established at that time. Subsequently in May of 2001 when the Acorn Self Storage project was approved, this PD was amended in order to establish development standards for this area.

BACKGROUND
The property is zoned PD-38, Subarea B, which is intended for a mix of general and regional commercial uses. Subarea B is includes two retail centers, Lone Tree Center and a new Best Buy retail center approved by the Planning Commission at its September 6, 2005 hearing. Several proposed changes were requested to the uses in this Subarea as shown on the following strikeout and bolded text of the PD in the following Project Description section of the report.

PLANNING COMMISSION ACTION

At the Planning Commission hearing on September 6, 2005, the Planning Commission recommended approval of the proposed changes by a 4-0 vote. This application is now being brought before the City Council for consideration. In addition, to this zoning amendment, the Planning Commission also approved a design review application and conditional use permit for a 61,100 square foot retail/commercial center on a 6-acre portion of this subarea.

PROJECT DESCRIPTION

The proposed development standards are as follows:

17.488.004 Permitted Uses in Subarea B. The following are permitted within Subarea B of PD-38:

1. General and regional retail uses.

2. Business, office, and service establishments under 5,000 2000 square feet, such as, but not limited to, laundromat, dry cleaning, travel agencies, insurance offices, electronic and television repair, small equipment rental or repair, medical, dental, optical or veterinary pet services (excluding kennels), and other similar business, office, and service establishments that are under 5,000 2000 square feet, excepting that the second story of an office over retail building is not limited to 2000 square feet and can be used for office uses up to 100%.

3. Day care facilities.

3. Banks and financial institutions.

4. Restaurant, café, and other food service uses, including outdoor dining, but without drive-in or drive-through facilities providing the size of the food service use is 15 percent or less of the floor area of the building.

5. Similar uses subject to the approval of the Community Development Director.

17.488.005 Conditionally Permitted Uses in Subarea B. The following uses are permitted in Subarea B of PD-38 subject to securing a conditional use permit pursuant to Chapter 17.830:

1. Self-service storage facilities (mini-storage or warehouses), with or without resident manager dwelling unit.

1. Drive-in and drive-through establishments, including gas stations, but excluding drive-thru restaurants and all prohibited uses.

2. Liquor sales for on or off-site consumption that are ancillary to the primary retail use.

3. Businesses whose primary use is off-site liquor sales, other than as ancillary to a primary retail use.

4. Outdoor sales/display uses and outdoor storage facilities.

5. Business, office, and service uses over 5,000 2000 square feet, plus medical or dental offices, or clinics over 5,000 2000 square feet. Business and trade schools.

6. Public and quasi-public uses appropriate to and compatible with the area, such as hospitals, medical laboratory, outpatient facility, convalescent hospitals, business and technical schools.

7. Health club, reducing studios, recreational services and similar facilities.

8. Tire shop, auto seat and upholstery shop, billiard hall, bowling alleys, lodge, fraternal hall, and community facility.

9. Funeral services and crematoriums.

10. Automotive, boat, or machinery repair.

11. Auto sales, boat sales, camper, or recreational vehicle sales, mobile or manufactured housing sales, and other outdoor sales, or display uses.

6. Restaurant, café, and other food service uses, including outdoor dining, that are larger than 15% of the floor area of the building in which the restaurant or food service use is located or which propose drive-in or drive-through facilities.

7. Day care facilities.

8. Other uses that the Community Development Director determines because of the type of operation, material stored or sold, or other special circumstances requiring special consideration and conditioning through the conditional use permit procedure.

17.488.008 Prohibited Uses

Banks and financial institutions are prohibited in all subareas of this Planned Development.

A. The following uses shall be prohibited within Subarea B:

1. Self-service storage facilities.

2. Public and quasi-public uses such as hospitals, medical laboratory, outpatient facilities, convalescent hospital, business and technical schools.

3. Health clubs, reducing studios, recreational services and similar activities.

4. Tire shop, auto seat and upholstery shop, billiard hall, bowling alleys, lodge, fraternal hall, and community facility.

5. Funeral services and crematoriums.

6. Automotive, boat, or machinery repair.

7. Auto sales, boat sales, camper, or recreational vehicle sales, and mobile or manufactured housing sales or rentals.

8. Gas stations and mini-marts.

9. Carpet and/or flooring sales.

10. Drive-through restaurants

17.488.009 Development Standards

A. All uses developed within Subareas A, B and C all three subareas of PD-38 shall conform to the development standards set forth as follows:

Minimum Lot Area 10,000 s.f.

Minimum Lot Width 50 ft.

Minimum Street Frontage Setback
for 1 story structures or less than 20 feet tall 5 feet

Minimum Street Frontage Setback
for 2 story structures or less than 35 feet tall 10 feet

Minimum Street Frontage Setback
for 3 story structures or less than 45 feet tall 20 feet

Minimum Non Street Frontage Setback 0 feet*

*Non Street Frontage Setbacks for parcels adjoining existing residential uses must be approved by the Planning Commission during the design review or conditional use permit process.

Maximum Building Height 45 feet or three stories**

**Structures greater than 45 feet or 3 stories may be permitted subject to conditional use permit approval, with a 30-foot street frontage setback.

B. Other development standards:

1. Refuse Disposal Enclosure. All dumpsters, compactors, or semi-open trash containers shall be screened with masonry or cement refuse disposal enclosures to City standards and specifications.

2. Illumination of Parking Facilities and Structures. All facilities shall provide adequate lighting or illumination of parking facilities and structures pursuant to Chapter 17.620 of the Brentwood Municipal Code. All lights shall be a cut-off or full cut-off classification.

3. Parking Lot Design and Development Standards. All facilities shall comply with the design and development standards of Chapter 17.620.

4. Advertising Signs. All signs shall be subject to Chapter 17.640 of the Brentwood Municipal Code and shall conform to the City’s adopted Design Guidelines. Signs shall advertise only those businesses located on the same site (multi-building project approved at one time as part of a unique center although the individual buildings may have subsequently been subdivided for ownership purposes) as the sign.

5. Landscaping and Screening. Landscaping and screening shall be provided in accordance with Chapter 17.630.

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

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

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

9. Manufacturing and Storage Areas. All manufacturing processes shall be within a structure and all open storage areas (excluding outdoor sales areas) shall be screened with a minimum six (6) foot high view-obscuring fence. No storage shall exceed the height of the fence without securing a conditional use permit. Masonry walls shall be utilized for screening outdoor manufacturing and storage areas visible from a public street, while chain link with view-obscuring slats or other fencing materials, may be used for screening areas not visible from a public street.

17.488.010 Design and Site Development Review. The design and site development review procedure contained in Chapter 17.820 of the Brentwood Municipal Code shall apply to new structures within PD-38.

FISCAL IMPACT
Fiscal impact to the City would be positive. Although the establishment of development standards themselves does not create a fiscal impact, this action will allow the development of a retail shopping center in a manner which will promote a vibrant mix of retail uses thereby generating sales tax revenue for the City.

Attachments:
Ordinance amending Planned Development 35
Subarea Map
Draft Excerpt of the Planning Commission Minutes for the meeting of September 6, 2005

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND PLANNED DEVELOPMENT NO. 38 AMENDING THE DEVELOPMENT STANDARDS AND USES WITHIN SUBAREA B OF THIS ZONING DESIGNATION. THE SITE IS LOCATED AT THE NORTHEAST CORNER OF LONE TREE WAY AND EMPIRE AVENUE.

WHEREAS, the applicant, Sansome Pacific Properties, has filed for an amendment to Planned Development 38 in order to amend the development standards and uses to accommodate his project (Design Review 05-13); and

WHEREAS, on September 6, 2005, the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 05-59 which recommended the approval of the zoning amendment for Planned Development 38; and

WHEREAS, an Initial Study and Mitigated Negative Declaration were prepared for this project in accordance with the California Environmental Quality Act and were considered as a part of the review and approval process; and

WHEREAS, the Mitigated Negative Declaration identified potentially significant environmental effects associated with the proposed project which can be feasibly mitigated or avoided, and these project measures were included in the project conditions of approval and will reduce the impacts identified to a less than significant level; and

WHEREAS, a Notice of Public Hearing was legally advertised in the Brentwood Press on September 9, 2005, and mailed to all property owners of record within 300 feet of the subject property according to City policies and Government Code Section 65091; and

WHEREAS, the City Council held a public hearing on the proposed zoning amendment on September 27, 2005, for the purpose of reviewing the application, considering the Planning Commission's action, and considering all comments made by the public with respect to this proposed zoning amendment; and

WHEREAS, after the close of the public hearing, the City Council considered all public comments received both before and during the public hearing, the presentation by City staff, the staff report, which includes an analysis of the consistency of the proposed project with all other goals and policies of the City and the General Plan, and all other pertinent goals, policies, regulations and documents regarding the proposed zoning amendment; and

WHEREAS, the City Council of the City of Brentwood hereby makes the following supporting findings for this application as required by Section 17.450.007 of the City Zoning Ordinance and State CEQA Guidelines:

1. The site is physically suitable for the type and the density of development proposed.

2. The proposed zoning amendment is consistent with the existing City General Plan land use designation on the subject property.

3. The proposed zoning amendment is consistent and compatible with other goals, policies and implementation programs set forth in the General Plan.

4. The proposed zoning amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act.

5. That the subject property regulated as a planned development will clearly result in a more desirable use of land, and a better physical environment than would be possible under any single or combination of zones.

6. That the PD designation for the subject property presents a unified and organized arrangement of land uses which are appropriate in relation to adjacent or nearby properties.

7. The zoning amendment will involve areas which are abutting public streets which will provide physical access to the project site and there is sufficient capacity to accommodate the traffic anticipated to be generated by development and the adjacent uses in the vicinity.

8. The zoning amendment will provide standards resulting in development that is consistent and compatible with surrounding uses.

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

10. That the development of the subject property, in the manner proposed by the applicant, will not be detrimental to the public welfare, will be in the best interests of the City and will be in keeping with the general intent and spirit of the Zoning Ordinance and with the City’s General Plan, including all relevant elements therefore, and with any applicable Specific Plan adopted by the City.

11. The proposed zoning amendment will serve the economic needs of the City and the region and will not create a detrimental imbalance between the public service needs of its residents and available fiscal and environmental resources (Government Code Section 65863.6).

12. Pursuant to Section 15168 of the CEQA Guidelines, the City Council finds that the project is within the scope of the development levels evaluated in the Program EIR prepared for the General Plan. The Initial Study has further evaluated potential project specific impacts to the environment. Based upon this evidence and the Mitigated Negative Declaration, this City Council finds that the project will not have any significant environmental impacts that were not studied in the Program EIR. The Mitigated Negative Declaration applies to all applicable mitigation measures specified in the Program EIR to the project and imposes additional mitigation measures to supplement and strengthen the Program EIR measures. Therefore, since the mitigation measures are incorporated as conditions of approval of the project, the Mitigated Negative Declaration as well as the Program EIR for the 1993 and 2001 General Plans are adequate for all approvals relating to the project.

13. On the basis of the whole record before it, there is no substantial evidence that this project will have a significant effect on the environment.

NOW, THEREFORE, the City Council of the City of Brentwood does hereby ordain as follows:

Section 1.

A. Certifies the Mitigated Negative Declaration for this project.

B. Directs staff to file the Notice of Determination with the County Clerk.

Section 2.

A. Amends Chapter 17.488 of the Brentwood Municipal Code providing amended development standards for PD-35 as follows:

17.488.004 Permitted Uses in Subarea B. The following are permitted within Subarea B of PD-38:

1. General and regional retail uses.

2. Business, office, and service establishments under 2000 square feet, such as, but not limited to, laundromat, dry cleaning, travel agencies, insurance offices, electronic and television repair, small equipment rental or repair, optical or veterinary pet services (excluding kennels), and other similar business, office, and service establishments that are under 2000 square feet, excepting that the second story of an office over retail building is not limited to 2000 square feet and can be used for office uses up to 100%.

3. Banks and financial institutions.

4. Restaurant, café, and other food service uses, including outdoor dining, but without drive-in or drive-through facilities providing the size of the food service use is 15 percent or less of the floor area of the building.

5. Similar uses subject to the approval of the Community Development Director.

17.488.005 Conditionally Permitted Uses in Subarea B. The following uses are permitted in Subarea B of PD-38 subject to securing a conditional use permit pursuant to Chapter 17.830:

1. Drive-in and drive-through establishments, excluding drive-thru restaurants and all prohibited uses.

2. Liquor sales for on or off-site consumption that are ancillary to the primary retail use.

3. Businesses whose primary use is off-site liquor sales, other than as ancillary to a primary retail use.

4. Outdoor sales/display uses and outdoor storage facilities.

5. Business, office, and service uses over 2000 square feet, plus medical or dental offices, or clinics over 2000 square feet. Business and trade schools.

6. Restaurant, café, and other food service uses, including outdoor dining, that are larger than 15% of the floor area of the building in which the restaurant or food service use is located.

7. Day care facilities.

8. Other uses that the Community Development Director determines because of the type of operation, material stored or sold, or other special circumstances requiring special consideration and conditioning through the conditional use permit procedure.

17.488.008 Prohibited Uses

A. The following uses shall be prohibited within Subarea B:

1. Self-service storage facilities.

2. Public and quasi-public uses such as hospitals, medical laboratory, outpatient facilities, convalescent hospital, business and technical schools.

3. Health clubs, reducing studios, recreational services and similar activities.

4. Tire shop, auto seat and upholstery shop, billiard hall, bowling alleys, lodge, fraternal hall, and community facility.

5. Funeral services and crematoriums.

6. Automotive, boat, or machinery repair.

7. Auto sales, boat sales, camper, or recreational vehicle sales, and mobile or manufactured housing sales or rentals.

8. Gas stations and mini-marts.

9. Carpet and/or flooring sales.

10. Drive-through restaurants

17.488.009 Development Standards

A. All uses developed within Subareas A, B and C of PD-38 shall conform to the development standards set forth as follows:

Minimum Lot Area 10,000 s.f.

Minimum Lot Width 50 ft.

Minimum Street Frontage Setback
for 1 story structures or less than 20 feet tall 5 feet

Minimum Street Frontage Setback
for 2 story structures or less than 35 feet tall 10 feet

Minimum Street Frontage Setback
for 3 story structures or less than 45 feet tall 20 feet

Minimum Non Street Frontage Setback 0 feet*

*Non Street Frontage Setbacks for parcels adjoining existing residential uses must be approved by the Planning Commission during the design review or conditional use permit process.

Maximum Building Height 45 feet or three stories**

**Structures greater than 45 feet or 3 stories may be permitted subject to conditional use permit approval, with a 30-foot street frontage setback.

B. Other development standards:

1. Refuse Disposal Enclosure. All dumpsters, compactors, or semi-open trash containers shall be screened with masonry or cement refuse disposal enclosures to City standards and specifications.

2. Illumination of Parking Facilities and Structures. All facilities shall provide adequate lighting or illumination of parking facilities and structures pursuant to Chapter 17.620 of the Brentwood Municipal Code. All lights shall be a cut-off or full cut-off classification.

3. Parking Lot Design and Development Standards. All facilities shall comply with the design and development standards of Chapter 17.620.

4. Advertising Signs. All signs shall be subject to Chapter 17.640 of the Brentwood Municipal Code and shall conform to the City’s adopted Design Guidelines. Signs shall advertise only those businesses located on the same site (multi-building project approved at one time as part of a unique center although the individual buildings may have subsequently been subdivided for ownership purposes) as the sign.

5. Landscaping and Screening. Landscaping and screening shall be provided in accordance with Chapter 17.630.

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

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

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

9. Manufacturing and Storage Areas. All manufacturing processes shall be within a structure and all open storage areas (excluding outdoor sales areas) shall be screened with a minimum six (6) foot high view-obscuring fence. No storage shall exceed the height of the fence without securing a conditional use permit. Masonry walls shall be utilized for screening outdoor manufacturing and storage areas visible from a public street, while chain link with view-obscuring slats or other fencing materials, may be used for screening areas not visible from a public street.

17.488.010 Design and Site Development Review. The design and site development review procedure contained in Chapter 17.820 of the Brentwood Municipal Code shall apply to new structures within PD-38.

Section 3.

A. This Ordinance shall be published in accordance with applicable law, by one or more of the following methods:

1. Posting the entire Ordinance in at least three (3) public places in the City of Brentwood, within fifteen (15) days after its passage and adoption; or

2. Publishing the entire Ordinance at least once in the Ledger-Dispatch, a newspaper of general circulation published in the County of Contra Costa and circulated in the City of Brentwood, within fifteen (15) days after its passage and adoption; or

3. Publishing in the Brentwood Press a summary of the Ordinance prepared by the City Attorney and posting a certified copy of the Ordinance in the Office of the City Clerk at least five (5) days prior to passage and adoption and along with the names of those City Council members voting for and against the Ordinance.

B. This Ordinance shall become effective thirty (30) days after the date of its passage and adoption.

Section 4. In accordance with Government Code Section 65863.5, upon the effective date of this Ordinance, a copy shall be delivered to the County Assessor.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 27th day of September, 2005, and adopted at a regular meeting of Brentwood City Council on the ____ day of __________, 2005, by the following vote:

City of Brentwood
Planning Commission
Minutes September 6, 2005
Council Chambers
7:00 PM
Don Stirling, Vice Chairman Arthur Londos, Commissioner
Vacant, Commissioner Russell Pitkin, Commissioner
Steve Padgett, Chairman

DRAFT PLANNING COMMISSION MINUTES EXCERPT
– ITEM 4 –
SANSOME PACIFIC PROPERTIES
SEPTEMBER 6, 2005

2. Approved an application and recommended that City Council adopt a zoning amendment to Planned Development 38 amending the development standards and uses within Subarea B, a Design Review for the development of a 6± acre site with a 61,900 square foot shopping center (including Best Buy and Walgreens), and a Conditional Use Permit for a drive-thru pharmacy for Walgreens. The site is located at the northeast corner of Lone Tree Way and Empire Avenue. Applicant: Sansome Pacific Properties. File: RZ 05-15, DR 05-13, and CUP 05-09 (Hill).

Associate Planner Hill gave a brief overview of the staff report. She included the Agenda Review Item which changed the wording under permitted uses (Reso 05-59) Page 12 of 27 to read …2000 square feet, excepting that the second-story of the office over retail building is not limited to 2000 square feet and can be used for office uses up to 100%, change the wording on Reso 05-60 in the title to change the square footage to 61,900 and Condition of Approval 3: This enclosure design for Pads 1 and 2 shall incorporate lattice and climbing vines and sufficient landscaping to screen…

Commissioner Stirling asked about the ECCID pipeline requirement to purchase land to the west.

Commissioner Pitkin talked about additional traffic lights on Lone Tree Way related to this project. He also talked about other traffic issues, and Brentwood City limits.

Chairman Padgett talked about the process of the widening of Empire Blvd.

Commissioner Londos also asked about turn lanes into the project.

Commissioner Pitkin asked about the project signage.

Commissioner Stirling asked about fritted glass.

Commissioner Pitkin asked about the clerestory windows, as they relate to Police Department concerns.

Lt. King asked that the pharmacy be located directly adjacent to the drive-through with no electronic means to convey medication.

Commissioner Londos asked about parking stall length.

Commissioner Pitkin also asked about the parking spaces, and asked about the location of the compact parking spaces.

Gregory Harris, Herwitt Engineering, was present to speak to his project. He spoke about traffic circulation, land uses, traffic lights, the zoning ordinance related to minimums added to the floor areas, the conditional use permit, and fees for additions to the conditional use permit, revised Condition of Approval 3, the location of one of the trash enclosure, outdoor seating, pedestrian access and pedestrian circulation, wood trellises rather than metal trellises, glass windows, and cart corrals.

Dave Johnson, architect, talked about the project architecture, fritted glass, windows on the Best Buy building, signage, including monument signage and the landmark statement on the corner.

Gregory Harris asked about the wall on the north property line, related to the Keller property and landscaping.

Chairman Padgett asked about the Conditional Use Permits, Item 4 in Section 004, page 12. related to minimal sizes for rental units, as they relate to restaurant uses.

Commissioner Pitkin asked about carts and cart corrals.

The representative for Best Buy spoke to cart corrals, explaining that carts are stored inside rather than outside the store.

Commissioner Pitkin also asked regarding the glass windows. It was explained that the glass creates security issues and glare for tech equipment.

Public Hearing Opened.

Ed Keller, an adjacent property owner on Empire, explained his concerns related to this project. He discussed previous projects on nearby properties and the redesign of the roadways near his home. He also discussed the impact that construction equipment has had on his home and on his family, personally. He requested a soundwall along the entire north side of his property in order to mediate noise and debris. He wanted the soundwall to be constructed before the project could be started. He also requested an additional condition related to the construction process, and how complaints regarding the project would be monitored. He stated that his property is not vacant, and said they will be living in the home.

Karen Rogge, a resident on Windy Springs, agreed with all of the comments Mr. Keller made. She is in favor of the soundwall. She discussed traffic patterns and circulation, architecture of the project, the entrance on Empire from a right turn by Walgreens, concerns related to the drive-through, restaurant usage, landscape areas, drive lanes, intersections, setbacks, larger trees in the parking lot areas, and safety, related to the proposed bus stop area on Empire.

Associate Planner Hill stated that the trash receptacle location has been reviewed by Jon Carlson and he agrees that the location for Pad 1 should be moved to be adjacent to Lone Tree Way.

Public Hearing Closed.

Commissioner Stirling is in favor of the project, and likes the traffic circulation. He discussed the trash enclosure location, the architecture, the wood trellises, the sound wall, light and noise intrusion on nearby residential property, lighting, pedestrian circulation, handicap egress, parking and parking spaces, and the bus stop location.

Commissioner Pitkin talked about the bus stop location, traffic, glass on the second floor related to security and roof integrity, the installation of a full length sound wall before any work is started on this project, additional traffic lights, and the trash enclosure location.

Commissioner Londos asked about the deceleration lane and its location by Pad 1, and the location of the bus stop. He also discussed traffic, the installation of the sound wall prior to the building of this project, the compact spaces, handicapped spaces and their location, an alternate location for the trash enclosure, landscaping, outdoor seating, the Walgreen’s drive thru location, and Walgreen’s shopping cart corral locations.

Chairman Padgett spoke about the sound wall, the bus stop location, an alternate location for the trash enclosure, traffic circulation patterns, landscaping, restricted land uses, architectural comments from Larry Cannon related to the black glass, eliminating 11 b, comments related to 11 e, eliminate 11 f, gooseneck lights, the alignment of the center line north and south drive aisles, and project construction, related to a utility yard, and major construction equipment. He also discussed the manner of handling complaints, land grading to install a sound wall, signage, and grey plaster color.

Commissioner Stirling spoke to the architecture of the window, and lighting on the signage.

Mr. Keller asked the Commission to address his concerns related to deliveries, construction activities, etc. during off hours. Lt. King spoke to the problems related to after hour construction and repair maintenance.

Chairman Padgett asked if the placement of the utility yard could possibly mitigate the problem.

Commissioner Londos indicated that possibly the sound wall might mitigate that problem.
Repair and maintenance of vehicles shall be confined to the construction hours listed in the mitigation measures.

Motion to approve Planning Commission Resolution No. 05-59 amending the development standards and uses within Subarea B for Planned Development No. 38, including the agenda review items that were mentioned previously.
Moved by Stirling; seconded by Londos
Vote: 4-0
Yes: Padgett; Stirling; Londos; Pitkin

Motion to approve Planning Commission Resolution No. 05-60 approving Design Review No. 05-13 as conditioned, with the following changes: include the agenda review items that were mentioned previously, staff will look at relocating the trash enclosure at Pad 1 and bring it before the Design Review Subcommittee, staff will review locations for the cart corrals for Walgreen’s, as well as Best Buy, staff will review an alternate location for the bus stop, delete Conditions of Approval 11 b, 11 e, 11 f, and add a Condition that would locate the utility yard as far away from existing residences as possible, and all construction equipment would be located in that area.
Moved by Stirling; seconded by Pitkin
Vote: 4-0
Yes: Padgett; Stirling; Londos; Pitkin

Motion to approve Planning Commission Resolution No. 05-61 approving Conditional Use Permit No. 05-09 as conditioned, with the following change: staff will ensure exit signage for the drive-thru is submitted for review with the Master Sign Program.
Moved by Stirling; seconded by Londos
Vote: 4-0
Yes: Padgett; Stirling; Londos; Pitkin
 

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov