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CITY COUNCIL AGENDA ITEM NO. 20

Meeting Date: October 10, 2006

Subject/Title: An appeal of the Planning Commission’s action regarding the Lone Tree Ranch (Skipolini’s) project (GPA 06-01/RZ 06-06/DR 04-31/CUP 06-02), a proposed retail and restaurant development located at the southwest corner of Lone Tree Way and Gann Street (APN 018-080-022), filed by Kent Ipsen.

Prepared by: Erik Nolthenius, Principal Planner

Submitted by: Howard Sword, Community Development Director


PLANNING COMMISSION ACTION
At its September 5, 2006 meeting, staff recommended that the Planning Commission approve the Lone Tree Ranch project; however, after significant testimony and discussion, the Commission voted 2-2 with regard to the mitigated negative declaration (MND), General Plan amendment, rezone, design review, and conditional use permit (Commissioner Cushing absent), thereby not approving the project.

COUNCIL ALTERNATIVES
• If the Council desires to deny the appeal, Council should pass a resolution denying the appeal, thereby denying the project, including the General Plan amendment, rezone, design review, and conditional use permit. If the appeal is denied, no action is necessary with respect to the mitigated negative declaration.

• If the Council desires to approve the appeal, Council should first adopt the mitigated negative declaration. Then, the Council should pass a resolution upholding the appeal and approving the General Plan amendment (GPA 06-01), introduce and waive the first reading of an ordinance upholding the appeal and approving the rezone (RZ 06-06), pass a resolution upholding the appeal and approving the design review (DR 04-31), and pass a resolution upholding the appeal and approving the conditional use permit (CUP 06-02).

BACKGROUND
The application for this project was originally submitted in October of 2004. Over the next year, the applicant met with adjacent property owners, refined the site plan and design, and submitted the required application materials. Staff has been working over the last year or so to, among other things, ensure that the application is complete and prepare the mitigated negative declaration (MND) for the project. The project has generated significant public interest since its submittal, most notably from the surrounding property owners in the Sterling Preserve II subdivision.

PLANNING COMMISSION MEETING
This item was heard by the Planning Commission at its September 5, 2006, meeting. At the meeting, Kent Ipsen, his architect, and his noise consultant all made presentations in support of the project. Six other people spoke in support of the project, including one who lives next door to the existing Skipolini’s restaurant in Antioch and two who live on Sage Sparrow Street in the Sterling Preserve II subdivision, while the other three were Brentwood residents who do not live in the immediate vicinity of the project site. The speakers focused on the high quality design of the project, the fact that the three existing Skipolini’s restaurants have operated for years without any adverse impacts on surrounding property owners, and the fact that all of the concerns raised by the neighbors were addressed throughout the course of the project (e.g. prohibiting vehicular access to/from Gann Street).

Seventeen people spoke in opposition to the project, with the overwhelming majority being residents of the Sterling Preserve II subdivision. They raised concerns about changing the General Plan for the project site, people going to Skipolini’s and parking in the subdivision because there would not be enough parking provided on the site, people drinking at Skipolini’s and then driving home under the influence resulting in safety impacts for children in the neighborhood, excessive noise from the outdoor dining and play areas, light and glare impacts, the potential for odors from the restaurant, and issues regarding the MND.

After much deliberation, the Commission voted 2-2 on each of the five resolutions that were presented – the mitigated negative declaration, the general plan amendment, the rezone, the design review, and the conditional use permit. As a result, the project was not approved. The applicant subsequently filed an appeal to the City Council, which was set for October 10, 2006, at the September 26, 2006 City Council meeting.

PROJECT DESCRIPTION
The project includes developing a vacant parcel with two single-story buildings for a combination of retail and restaurant uses. The larger building is 8,750-square-feet in size and is proposed to be divided into various tenant spaces for retail use and a large bakery/café use. The smaller building is 3,800-square-feet in size, plus a 2,100-square-foot outdoor dining area and accessory children’s play area, and is proposed for a sit-down restaurant known as Skipolini’s Pizza. The applicant is the owner of the three other Skipolini’s restaurants in Contra Costa County – Clayton, Antioch, and Walnut Creek.

The project includes four separate entitlements. First is a General Plan amendment to change the site’s existing land use designation from Ranchette Estate to General Commercial. Second is a rezone to change the site’s existing zoning classification from Ranchette Estate to Planned Development No. 70, including the establishment of development standards. Third is a design review for the two buildings and associated site improvements. Fourth, and finally, is a conditional use permit to allow the establishment of the Skipolini’s restaurant on the site.

For a more detailed description of the project, please see the attached Planning Commission staff report for the September 5, 2006, meeting.

ENVIRONMENTAL DETERMINATION:
The project was originally scheduled for a public hearing before the Planning Commission on July 18, 2006. Subsequent to the delivery of the packet for that meeting, however, a letter dated July 12th was received by staff on July 14th from an attorney (Dana Dean) representing several of the property owners in Sterling Preserve II. The 12-page letter (attached) states that the MND which was prepared for the project to comply with the requirements of the California Environmental Quality Act (CEQA) was deficient in several areas. Rather than moving the project forward to the Commission as planned, and given the number of issues raised in the letter, staff felt that it was prudent to continue the item indefinitely until all of the issues could be addressed.

As a result, staff spent the next several weeks addressing the issues raised in the letter. The project was subsequently re-scheduled for a public hearing on September 5, 2006. A second letter dated September 5th was submitted by Ms. Dean (attached) and received on the day of the hearing, as a supplement to the July 12th letter. This most recent letter stated that “significant effects to the environment remain and are not mitigated to less than significant impacts in the areas including, but not limited to noise, air quality, public services, traffic, aesthetics, agriculture, and biological resources. As a result, a fair argument exists that a mitigated negative declaration is an insufficient environmental review for the proposed Project and an EIR is requested”. Staff notes that, contrary to these contentions, all issues, as required by CEQA, have been thoroughly analyzed and no impact has been deemed significant (which would necessitate the preparation of an EIR).

The letter further stated that “the proposed General Plan amendment and Rezone are arbitrary and capricious and no reasonable person could support the proposed findings, as is further detailed below. Without a General Plan amendment and Rezone, the proposed use is not a conditional use in the current RE zoning and therefore the proposed commercial Project must not be allowed”. Staff disagrees with this characterization and notes that General Plan amendments and rezones are legislative actions that must ultimately be acted on by the City Council, and only after the adoption of specific findings, whether for approval or denial.

The MND that was prepared for this project was done so in accordance with the requirements of CEQA. Several potentially significant impacts were identified; however, mitigation measures were incorporated to reduce those impacts to less than significant levels. As previously referenced, staff spent a considerable amount of time reviewing and responding to the July 12th letter submitted by Ms. Dean. The September 5th letter raises some of the same issues, as follows:

• The initial study is not sufficient as an informational document. Staff believes that the MND is in fact sufficient as outlined in the points below, and contains all necessary information relative to the project, including noise, surrounding land uses, and biological resources.

• An EIR is required because the project fails to adequately analyze the cumulative effects of the proposed project as required by CEQA. CEQA does not require the analysis of cumulative impacts for MND’s.

• An EIR is required because the MND and initial study fail to identify and analyze the project’s proper environmental baseline. Staff believes that the MND properly identifies and analyzes the project’s environmental baseline through the detailed project description as well as noting that the proposed General Plan amendment and rezone are legislative acts that would need to be approved by the City Council.

• The proposed project is inconsistent with the General Plan. Staff acknowledges that the project, as proposed, is inconsistent with the General Plan land use designation of Ranchette Estate, which is why the applicant is proposing to amend the General Plan in order to establish consistency.

• The proposed General Plan amendment would be arbitrary and bear no reasonable relation to the public welfare. While any General Plan amendment could be considered arbitrary, in that it is a legislative act at the discretion of the City Council, appropriate findings would still need to be made in order to approve it, including any applicable relation to the public welfare. Should the Council decide to approve the appeal, the necessary findings are included in the General Plan resolution and can be supplemented by any additional findings that the Council may wish to make.

• The proposed project is inconsistent with the overall zoning ordinance. The argument here is that converting property designated for Ranchette Estate development to General Commercial requires a cumulative analysis of what may happen to other Ranchette Estate properties in the city. A cumulative impact analysis is not required by CEQA for MND’s, and this MND adequately analyzes all impacts anticipated as a result of the project.

• The proposed rezone would be arbitrary and pose no reasonable relation to the public welfare. Staff notes that the rezone would follow only upon approval of the General Plan amendment, and that appropriate findings would be made in that case. Without the required General Plan amendment, the associated rezone would not be possible. As a result, if the General Plan amendment is approved, the rezone would not be arbitrary, and findings would be made to ensure that the public welfare is not negatively impacted.

• There is not a need to re-zone or for a General Plan amendment because there are vacancies in other commercial space and mixed use space in the City of Brentwood. While it is true that there is available commercial and mixed use space (and land) currently in the City, that does not preclude the City Council from changing the land use designation for a particular property or area in order to accommodate a particular project or to accomplish certain goals that it deems appropriate.

• Approval of the proposed project would violate the Government Code. To the contrary, staff believes the project has been processed in compliance with all applicable Government Code sections, as cultural resource impacts are considered less than significant, the two affected school districts have been consulted on the project and have not raised concerns related to the safety of children, and impacts to agriculture resources would be fully mitigated.

ANALYSIS
Since Mr. Ipsen’s purchase of the property, he has met with residents of the Sterling Preserve neighborhood on numerous occasions to identify their concerns with the project. When this project was presented to the Planning Commission last month for its review, the site plan and project design included a number of substantial changes made by Mr. Ipsen to address the neighborhood’s concerns. These changes included the prohibition of vehicular and pedestrian access onto Gann Street, the extension of the decorative entrance wall along the east project boundary in order to screen this site, moving Skipolini’s to the far west side of the site (away from the residents), limiting the development to single-story uses in keeping with the residential character of the area, and moving the Skipolini’s trash enclosure area to the west side of the building (away from the residents). Staff recommended approval of the project to the Commission and believed that Mr. Ipsen’s revised project adequately addressed the physical impacts identified by the neighborhood, was an attractively-designed project, and would provide a smaller, neighborhood-serving center along with the Skipolini’s restaurant, in an area otherwise served by predominantly regional-serving, “big-box” stores.

However, at the Planning Commission meeting, many of the residents of the adjacent Sterling Preserve neighborhood continued to voice opposition to the project, citing both negative impacts from the proposed restaurant use, as well as the larger issue of the change in the General Plan land use designation for the site from its current residential (Ranchette Estate) to commercial. It was apparent that while Mr. Ipsen has made a number of positive changes to his plans to address the project’s design and operation, he has not been able to change the adjoining residents’ concern and opposition to the requested General Plan change of the site from residential to commercial. At the meeting, the overwhelming majority of residents from the adjacent Sterling Preserve neighborhood voiced their opposition to amending the General Plan to allow commercial uses on this site and their perception that any commercial use on this site would be incompatible with the predominantly residential land uses in this area.

One observation that the Council may want to consider is that the General Plan is the community’s master plan for development of all property, which is updated periodically through a community-wide series of workshops involving citizen input. Staff believes that citizen input is an important factor in the consideration of any change to the General Plan, whether it is for the entire citywide General Plan update, or for, as in this case, a General Plan amendment for one parcel. Given the adjacent neighborhood’s opposition to the proposed General Plan amendment to commercial for this particular site and their perception that any commercial uses on this site would be incompatible with the surrounding residential uses, approval of the requested General Plan amendment may not be warranted at this time. However, amendments to the General Plan should also be considered on a case-by-case basis, and while citizen input is clearly critical to the decision-making process, it is certainly not the only factor to consider. For example, amending the General Plan may allow the City Council to accomplish one or more of its stated goals.

If the Council decides that the General Plan change to commercial for this particular property should not be approved, the associated applications for rezoning, design review, and conditional use permit would not be approved either, as they would be inconsistent with the residential General Plan designation of the property. Some of the findings that the Council could make in denying the General Plan amendment, in addition to the significant citizen input that has been received to date, include the creation of a small and isolated area for commercial development that would be surrounded on all sides by residential uses, the clear intensification of the site from what it was designated for in the 2001 General Plan update, and setting a poor precedent for other properties in the vicinity to change from residential to commercial land use in the future. These findings are included in the draft resolution for denial.

Should, however, the Council find that the proposed General Plan amendment to commercial is of benefit to the community and desires to approve the project, the MND and the proposed General Plan amendment, along with the associated rezoning, design review, and conditional use permit applications should be approved. Draft resolutions with associated findings have been included for approval of the project. It should be noted that the Planning Commission discussed making several changes to the project in the event it was to be approved (see attached minutes from the September 5th meeting).

It is clear to staff that this project has raised the question of what the appropriate land use is, not only for the surrounding area, but for the Lone Tree Way corridor as well, given that it is one of the City’s major arterials. Current and future land uses along the corridor, including the project site, are something that staff will plan to look into further in the future.

FISCAL IMPACT
Denial of the appeal (and thus the project) would not result in any fiscal impact. Approval of the appeal (and thus the project) would result in increased jobs and sales tax for the City, through development of the project site as proposed by the applicant.

ALTERNATIVES
• If the Council desires to deny the appeal, Council should pass a resolution denying the appeal, thereby denying the project, including the General Plan amendment, rezone, design review, and conditional use permit. If the appeal is denied, no action is necessary with respect to the mitigated negative declaration.

• If the Council desires to approve the appeal, Council should first adopt the mitigated negative declaration. Then, the Council should pass a resolution upholding the appeal and approving the General Plan amendment (GPA 06-01), introduce and waive the first reading of an ordinance upholding the appeal and approving the rezone (RZ 06-06), pass a resolution upholding the appeal and approving the design review (DR 04-31), and pass a resolution upholding the appeal and approving the conditional use permit (CUP 06-02).

Attachments
1. Planning Commission staff report for September 5, 2006
2. Mitigated Negative Declaration for the Lone Tree Ranch project
3. Resolution denying the appeal
4. Resolution approving the MND
5. Resolution approving the GPA
6. Ordinance approving the RZ
7. Resolution approving the DR
8. Resolution approving the CUP
9. Planning Commission minutes for September 5, 2006
10. Letter from Dana Dean, Attorney at Law, date stamp received July 13, 2006
11. Letter from Dana Dean, Attorney at Law, date stamp received September 5, 2006
12. Correspondence received
13. Project plans (11” by 17” booklet prepared by Arcanum Architecture, date stamp received July 7, 2006)


CITY COUNCIL RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD DENYING THE APPEAL FILED BY KENT IPSEN, THEREBY DENYING THE LONE TREE RANCH PROJECT, INCLUDING GPA 06-01, RZ 06-06, DR 04-31, AND CUP 06-02, FOR A 1.72-ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF LONE TREE WAY AND GANN STREET (APN 018-080-022).

WHEREAS, Kent and Yvette Ipsen (“applicants”) have requested approval of a General Plan amendment (GPA 06-01), a rezone (RZ 06-06), a design review (DR 04-31), and a conditional use permit (CUP 06-02) on 1.72 acres located at the southwest corner of Lone Tree Way and Gann Street, in order to facilitate development of the “Lone Tree Ranch” project; and

WHEREAS, the applicants are requesting a General Plan amendment to change the site’s existing land use designation from Ranchette Estate to General Commercial; and

WHEREAS, the applicants are requesting a rezone to change the site’s existing zoning classification from Ranchette Estate to Planned Development No. 70, including the establishment of development standards; and

WHEREAS, the applicants are requesting a design review (DR 04-31) for two single-story buildings totaling 12,550-square-feet, including an 8,750-square-foot building for café and retail uses, and a 3,800-square-foot building for a sit-down restaurant known as Skipolini’s Pizza (including 2,100-square-feet for outdoor dining), as well as related parking, landscaping, and other improvements on the site; and

WHEREAS, the applicants are requesting a conditional use permit (CUP 06-02) to allow the establishment of a 3,800-square-foot sit-down restaurant known as Skipolini’s Pizza (including 2,100-square-feet for outdoor dining); and

WHEREAS, the Planning Commission previously considered the Lone Tree Ranch project at a public hearing on September 5, 2006, including each of the requested entitlements, and voted 2-2, thereby not approving it; and

WHEREAS, the applicants appealed the Planning Commission decision to the City Council; and

WHEREAS, a Notice of Public Hearing was distributed to all property owners of record within 300 feet of the project site and published in the Brentwood Press on September 29, 2006, in accordance with City policies and Government Code Section 65090; and

WHEREAS, the City Council of the City of Brentwood held a public hearing on this project at its regular meeting of October 10, 2006; and

WHEREAS, the City Council has considered the staff report, supporting documents, public testimony, and all appropriate information that has been submitted with the proposed project; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood:

Hereby denies the requested appeal, including the following:
A. The General Plan amendment (GPA 06-01) based on the following findings:

1. The proposed General Plan amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act; and

2. The site is not physically suitable for the type and the density of development proposed, in that it would create a small and isolated area for commercial development that would be surrounded on all sides by large-lot single-family residential development; and

3. The proposed General Plan amendment is not appropriate in that it would significantly intensify the use of the site, which is contradictory to the action taken in 2001 when the General Plan was updated and the site was reduced in residential intensity from Very Low Density to Ranchette Estate; and

4. The proposed General Plan amendment would set a precedent for other properties in the vicinity to change from residential to commercial land use in the future, inconsistent with the overall plan for the area; and

5. The development of the subject property, in the manner proposed by the applicants, will not be in the best interests of the City, and will be inconsistent with the General Plan (including all relevant elements thereof).

6. The General Plan is the community’s master plan for development of all property, which is updated periodically through a community-wide series of workshops involving citizen input. Citizen input is an important factor in the consideration of any change to the General Plan. Given the adjacent neighborhood’s opposition to the proposed General Plan amendment to commercial for this particular site and their perception that any commercial uses on this site would be incompatible with the surrounding residential uses, approval of the requested General Plan amendment is not be warranted.

B. Rezone No. 06-06, Design Review No. 04-31, and Conditional Use Permit No. 06-02, as they would not be consistent with the General Plan land use designation of Ranchette Estate for the project site.

PASSED by the City Council of the City of Brentwood at its regular meeting of October 10, 2006, by the following vote:



CITY COUNCIL RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE LONE TREE RANCH PROJECT, LOCATED ON THE UNDEVELOPED 1.72-ACRE PARCEL AT THE SOUTHWEST CORNER OF LONE TREE WAY AND GANN STREET (APN 018-080-022).

WHEREAS, Kent and Yvette Ipsen (“applicants”) have requested that the City approve a mitigated negative declaration for the Lone Tree Ranch project to be developed on the undeveloped 1.72-acre parcel located at the southwest corner of Lone Tree Way and Gann Street; and

WHEREAS, the proposed project information was referred to various public utility companies, public districts and pertinent departments for review and recommendations; and

WHEREAS, an initial study and mitigated negative declaration were prepared for this project in accordance with the California Environmental Quality Act (CEQA) and are considered a part of this review and approval process; and

WHEREAS, the mitigated negative declaration identifies less than significant environmental effects associated with the proposed project which can be feasibly mitigated or avoided and these project measures are included in the project conditions of approval and will ensure that the impacts identified are mitigated to a less than significant level; and

WHEREAS, the availability of said environmental document for the minimum 20-day public review and comment period was begun on June 23, 2006, and ended on July 12, 2006, and all comments received were responded to; and

WHEREAS, the Planning Commission previously considered the Lone Tree Ranch project, including the mitigated negative declaration, at a public hearing on September 5, 2006, and voted 2-2, thereby not approving it; and

WHEREAS, the City Council of the City of Brentwood considered this mitigated negative declaration at a public hearing at its regular meeting of October 10, 2006, and considered the staff report, all accompanying information, and testimony received from the applicant and other interested parties.

NOW, THEREFORE, BE IT RESOLVED with respect to the Lone Tree Ranch project, to be located on the undeveloped 1.72-acre parcel at the southwest corner of Lone Tree Way and Gann Street:

1. The City Council has reviewed and considered the information contained within the initial study and mitigated negative declaration and all oral testimony and written comments received;

2. Pursuant to Section 15074.1 of Title 14 of the California Code of Regulations, City staff has substituted four new mitigation measures for four mitigation measures contained in the Mitigated Negative Declaration prepared for the July 18, 2006 Planning Commission meeting. These new mitigation measures replace Mitigation Measures II-2, VIII-16, XIII-26, and XIII-27. New Mitigation Measure II-2 clarifies the original Mitigation Measure II-2, relating to Agriculture Resources, by adding a reference to Chapter 17.730 of the Brentwood Municipal Code, which Code section provides details regarding the City of Brentwood’s agricultural conservation program. New Mitigation Measure VIII-16 clarifies the original Mitigation Measure VIII-16, relating to Hydrology and Water Quality, by adding a reference to the Best Management Practices adopted and approved for use by the California Regional Water Quality Control Board, which are incorporated into final plans approved by the City. New Mitigation Measures XIII-26 and XIII-27 clarify the original Mitigation Measures XIII-26 and XIII-27, relating to Public Services, by adding references to the City’s Standard Conditions of Approval for Commercial and Industrial Projects (dated May 2005), which Standard Conditions of Approval provide details regarding the types of crime prevention and general security measures and security measures during construction. The new mitigation measures contained in the Mitigated Negative Declaration are equivalent or more effective than the original mitigation measures in mitigating or avoiding potential significant impacts of the project and will not themselves cause any potentially significant effect on the environment;

3. Based upon the mitigated negative declaration and comments and testimony received, the City Council hereby finds that there is no substantial evidence that the Project will have a significant effect on the environment and that the mitigated negative declaration reflects the City Council’s independent judgment and analysis;

4. The City Council hereby adopts the mitigated negative declaration attached hereto as Exhibit A;

5. The City is the custodian of the documents and other material which constitute the record of proceedings upon which this decision is based, which documents and other materials are located at the City of Brentwood, Community Development Department, 104 Oak Street, Brentwood, CA 94513; and

6. The Clerk is hereby directed to file a Notice of Determination with the Contra Costa County Clerk.

PASSED by the City Council of the City of Brentwood at its regular meeting of October 10, 2006, by the following vote:


CITY COUNCIL RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD UPHOLDING THE APPEAL FILED BY KENT IPSEN FOR THE LONE TREE RANCH PROJECT AND APPROVING A GENERAL PLAN AMENDMENT (GPA 06-01) TO CHANGE THE EXISTING LAND USE DESIGNATION FROM RANCHETTE ESTATE TO GENERAL COMMERCIAL FOR A 1.72-ACRE PARCEL LOCATED AT THE SOUTHWEST CORNER OF LONE TREE WAY AND GANN STREET (APN 018-080-022).

WHEREAS, Kent and Yvette Ipsen (“applicants”) have requested approval of a General Plan amendment to change the existing land use designation from Ranchette Estate to General Commercial for a 1.72-acre parcel located at the southwest corner of Lone Tree Way and Gann Street, in order to facilitate development of the “Lone Tree Ranch” project (MND; RZ 06-06; DR 04-31; and CUP 06-02); and

WHEREAS, the applicants are concurrently requesting approval of a mitigated negative declaration for the project; a rezone to change the site’s existing zoning classification from Ranchette Estate to Planned Development No. 70, including the establishment of development standards; a design review for two single-story buildings totaling 12,550-square-feet, including an 8,750-square-foot building for café and retail uses, and a 3,800-square-foot building for a sit-down restaurant known as Skipolini’s Pizza, as well as related parking, landscaping, and other improvements on the site; and a conditional use permit to allow the establishment of a sit-down restaurant known as Skipolini’s Pizza on the site; and

WHEREAS, the Planning Commission previously considered the Lone Tree Ranch project, including GPA 06-01, at a public hearing on September 5, 2006, and voted 2-2, thereby not approving it; and

WHEREAS, a Notice of Public Hearing was distributed to all property owners of record within 300 feet of the project site and published in the Brentwood Press on September 29, 2006, in accordance with City policies and Government Code Section 65090; and

WHEREAS, the City Council of the City of Brentwood held a public hearing on this project, including the appeal, at its regular meeting of October 10, 2006; and

WHEREAS, the City Council has considered the staff report, supporting documents, public testimony, and all appropriate information that has been submitted with the proposed project; and

WHEREAS, the City Council has adopted a mitigated negative declaration for the Project; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood:

A. Hereby finds that:

1. The proposed General Plan amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act, in that notices of the public hearing were mailed to property owners within 300 feet from the project site and beyond, and a mitigated negative declaration was prepared, including discussion of the requested General Plan amendment.

2. The change in land use designation from Ranchette Estate to General Commercial is logical, in that the project site is located adjacent to a major arterial (Lone Tree Way) that carries a significant amount of traffic and provides direct access to the project site. The current land use of the project site (allowing for the construction of one single-family dwelling) is also not as compatible with the adjacent major arterial as is the requested land use. In addition, the change in land use designation would facilitate development of a project that would not result in any significant negative impacts on surrounding properties, as detailed in the mitigated negative declaration, the project plans, and the conditions of approval for the project. Finally, approval of the requested general plan amendment and the resulting project would provide surrounding residential property owners with a “neighborhood” commercial shopping opportunity that does not currently exist.

3. The site is physically suitable for the type and the density of development proposed, in that access to the site will be provided by a major arterial (Lone Tree Way), the site is relatively flat and is undeveloped, parking and landscaping will be provided on-site in accordance with the Brentwood Municipal Code, a masonry wall will separate the site from single-family dwellings on adjacent properties, and the mitigated negative declaration prepared for the project does not identify any significantly unavoidable impacts relative to hazards, biological resources, noise, etc.

4. The project will generate a level of traffic that can be accommodated by the public circulation system, in that a project-specific traffic study was prepared and no significant impacts were identified, access will be provided by a major arterial (Lone Tree Way) with a nearby signalized intersection at Gann Street, and conditions of approval have been included into the project relative to providing a deceleration lane on Lone Tree Way, as well as adequate signing and striping for proper vehicular movements.

5. Approval of the requested General Plan amendment is appropriate, since the General Plan indicates that the uses allowed by the General Commercial designation are encouraged in orderly clusters in suitable locations adjacent to State Route 4 and major arterials (i.e. Lone Tree Way).

6. The development of the subject property, in the manner proposed by the applicant, will not be detrimental to the public welfare in that the project plans and conditions of approval have mitigated all potential impacts to a less-than-significant level, will be in the best interests of the City in that it would create new jobs and sales tax as well as provide a “neighborhood” commercial shopping opportunity to surrounding residents, and will be consistent with the General Plan and Zoning Ordinance, including all relevant Elements thereof, as amended.

7. Approval of the requested General Plan amendment, to allow commercial use on the project site, will not result in any significant impacts on agricultural resources, in that (a) the project site contains less than two acres of land, is not subject to a Williamson Act Contract, and is not within the City’s identified agricultural conservation area, and (b) the applicant will be required to pay the City’s adopted agricultural conservation mitigation impact fee prior to grading permit issuance.

B. Hereby upholds the appeal and approves General Plan Amendment No. 06-01 for the 1.72-acre parcel as requested and as reflected in the attached Exhibit “A”, and directs City staff to make the appropriate change to the Land Use Map for the City of Brentwood General Plan.

PASSED by the City Council of the City of Brentwood at its regular meeting of October 10, 2006, by the following vote:



EXHIBIT “A” TO
CITY COUNCIL RESOLUTION NO.
MAP AND LEGAL DESCRIPTION OF GENERAL PLAN AMENDMENT (GPA 06-01)







CITY COUNCIL ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE APPEAL FILED BY KENT IPSEN FOR THE LONE TREE RANCH PROJECT AND APPROVING A REZONE (RZ 06-06) TO CHANGE THE ZONING CLASSIFICATION FOR A 1.72-ACRE SITE FROM RANCHETTE ESTATE TO PLANNED DEVELOPMENT NO. 70, INCLUDING THE ESTABLISHMENT OF DEVELOPMENT STANDARDS, LOCATED AT THE SOUTHWEST CORNER OF LONE TREE WAY AND GANN STREET (APN 018-080-022) AND ADDING CHAPTER 17.527 TO THE BRENTWOOD MUNICIPAL CODE.

WHEREAS, Kent and Yvette Ipsen (“applicants”) have requested that the City approve a rezone to change the zoning classification for a 1.72-acre site from Ranchette Estate to Planned Development No. 70, including the establishment of development standards, located at the southwest corner of Lone Tree Way and Gann Street, in order to facilitate development of the Lone Tree Ranch project; and

WHEREAS, the applicants have concurrently submitted a request to approve a mitigated negative declaration, a General Plan amendment (GPA 06-01), a design review (DR 04-31), and a conditional use permit (CUP 06-02); and

WHEREAS, the requested rezone is necessary in order to establish consistency with the General Commercial land use designation of the site and to facilitate development of the Lone Tree Ranch project; and

WHEREAS, the Planning Commission previously considered the Lone Tree Ranch project, including RZ 06-06, at a public hearing on September 5, 2006, and voted 2-2, thereby not approving it; and

WHEREAS, a Notice of Public Hearing was distributed to all property owners of record within 300 feet of the project and published in the Brentwood Press on September 29, 2006, in accordance with City policies and Government Code 65090; and

WHEREAS, in relation to this rezone, the City Council has considered the staff report, supporting documents, public testimony, and all appropriate information that has been submitted, and has studied the compatibility of this request with adjacent land uses; and

WHEREAS, the City Council has adopted a mitigated negative declaration for the Project and has approved a General Plan amendment that will enable development of the Project; and

NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Brentwood:

A. Hereby finds that:

1. The rezone has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act, in that notices of the public hearing were mailed to property owners within 300 feet from the project site and beyond, and a mitigated negative declaration was prepared, including discussion of the requested general plan amendment; and

2. The rezone establishes mandatory consistency with the General Commercial land use designation approved in accordance with General Plan Amendment No. 06-01; and

3. The development standards for the PD-70 Zone and the design of the project will ensure that any potential impacts (i.e. traffic, noise, and aesthetics) on surrounding properties are less than significant, in that public vehicular access will be limited to Lone Tree Way, a solid masonry wall will separate the project site from adjacent residential properties, and the City Council has approved the building designs; and

4. The rezone will facilitate development of the project site in a manner that is consistent with the City’s adopted Design Guidelines and with existing and proposed developments on surrounding properties, in that one of the buildings is oriented to Lone Tree Way, substantial areas for landscaping have been provided between the building adjacent to Lone Tree Way and the street edge, three existing trees have been incorporated into the development plan, clear pedestrian pathways have been provided at four strategic locations throughout the project site, the visual prominence of service and loading areas has been minimized by strategic location and screening, a masonry wall and substantial landscaping have been provided along the east and south boundaries to buffer adjacent residential neighborhoods, secured bicycle parking has been provided conveniently located near building entries, building designs have been related to the character and climate of Brentwood by hearkening to the agricultural heritage of the area, a variety of heights and wall planes have been incorporated into the building designs, appropriate materials and colors have been utilized, and roof mounted equipment has been organized and screened by parapet walls of appropriate heights.

B. Hereby upholds the appeal and approves Rezone No. 06-06 by adding Chapter 17.527, attached hereto, to the Brentwood Municipal Code, which changes the zoning classification for the 1.72-acre project site from Ranchette Estate to Planned Development No. 70 and establishes development standards.

PASSED by the City Council of the City of Brentwood at its regular meeting of October 10, 2006, by the following vote:



EXHIBIT “A” TO
CITY COUNCIL ORDINANCE NO.
REZONE NO. 06-06
PD-70 ZONE


CHAPTER 17.527
PD-70 (PLANNED DEVELOPMENT NO. 70) ZONE
LONE TREE RANCH


17.527.001 AUTHORITY, PURPOSE, AND INTENT
17.527.002 PERMITTED USES, CONDITIONALLY PERMITTED USES, AND GENERAL DEVELOPMENT STANDARDS
17.527.003 OTHER REGULATIONS
17.527.004 LEGAL DESCRIPTION AND MAP FOR PD-70

17.527.001 AUTHORITY, PURPOSE, AND INTENT:

The authority, purpose, and intent for the adoption of the PD-70 (Planned Development No. 70) Zone are as follows:

A. AUTHORITY: The PD-70 Zone is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones, General Regulations, of the Brentwood Municipal Code.

B. PURPOSE: The purpose of the PD-70 Zone is to permit and regulate the orderly development of the 1.72-acre area as shown in Section 17.527.004 in accordance with the Brentwood General Plan for General Commercial uses. The PD-70 Zone is located at the southwest corner of Lone Tree Way and Gann Street.

C. INTENT: The PD-70 Zone is intended to provide a distinguished neighborhood-oriented commercial area in conformance with the adopted General Plan.

17.527.002 PERMITTED USES, CONDITIONALLY PERMITTED USES, AND GENERAL DEVELOPMENT STANDARDS:

PERMITTED USES
1. Convenience and general retail uses such as pastry shops, bookstores, candy stores, florists, newsstands, stationery/gift shops, and ice cream parlors;
2. Bakeries and cafes limited to 2,600-square-feet in size;
3. Financial institutions;
4. Service uses such as travel agencies, barber or beauty shops, shoe repair stores, dry cleaners, mailing/mailbox centers, butchers, and meat markets;
5. Professional offices for uses such as accountants, architects, and attorneys;
6. Other similar uses as determined by the Community Development Director.

CONDITIONALLY PERMITTED USES

1. Health clubs;
2. Bars, pubs, taverns, and lounges;
3. Sit-down restaurants;
4. Medical offices for uses such as doctors, dentists, chiropractors, and veterinarians;
5. On or off-site alcohol sales;
6. Child care nurseries, child care centers, and day care centers;
7. Other uses that the Community Development Director determines because of the type of operation, material stored or sold, or other special circumstances that require special consideration and conditioning through the conditional use permit process.

GENERAL DEVELOPMENT STANDARDS

1. Minimum Lot Area: One acre, except that a master planned development may be subdivided into parcels having a minimum lot area of 10,000 square feet
2. Minimum Lot Width: 100 feet
3. Minimum Lot Depth: 100 feet
4. Maximum Building Height: One story, not to exceed 30 feet, with selected architectural elements not to exceed 35 feet upon approval by the Planning Commission as part of a Design Review or Conditional Use Permit application
5. Building Setbacks:
• Lone Tree Way: none
• Gann Street: 20 feet
• South boundary: 10 feet
• West boundary: 20 feet

17.527.003 OTHER REGULATIONS:
1. All public access (vehicular, pedestrian, and bicycle) shall be limited to Lone Tree Way. An emergency vehicle access shall be provided along Gann Street for use only by emergency service personnel and in the event of an emergency.
2. A solid eight-foot high masonry wall shall be constructed and continuously maintained in good condition along the entire length of the east boundary, with the exception of the designated emergency vehicle access, which shall be controlled by a solid wooden gate with Opticom or other mechanism approved by the Police Department and Fire District. Said wall shall wrap around the entire length of the south boundary at a height of six-feet.
3. Drive-thru uses shall be prohibited.
4. All development shall comply with Chapter 17.200 of the Brentwood Municipal Code.
5. All development shall comply with the adopted City of Brentwood Design Guidelines.
6. All lighting shall incorporate cut-off or full cut-off designs, and shall be included in details submitted with any construction drawings.
7. Off-street parking, unless otherwise specifically addressed in this chapter, shall be provided pursuant to Chapter 17.620 of the Brentwood Municipal Code.
8. Architectural features may project into any required yard pursuant to the provisions of Chapter 17.660.
9. All signage shall be in accordance with Chapter 17.640 of the Brentwood Municipal Code or an approved Master Sign Program.
10. The development of the PD-70 Zone shall be substantially in accordance with the project plans approved for Design Review No. 04-31 and Conditional Use Permit No. 06-02.
17.527.04 LEGAL DESCRIPTION AND MAP FOR PD-70



CTY COUNCIL RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE APPEAL FILED BY KENT IPSEN FOR THE LONE TREE RANCH PROJECT AND APPROVING A DESIGN REVIEW (DR 04-31) FOR THE DEVELOPMENT OF A 1.72-ACRE SITE WITH TWO BUILDINGS TOTALING 12,550-SQUARE-FEET FOR RETAIL AND RESTAURANT USES, LOCATED AT THE SOUTHWEST CORNER OF LONE TREE WAY AND GANN STREET (APN 018-080-022).

WHEREAS, Kent and Yvette Ipsen (“applicants”) have submitted a design review application for the development of a 1.72-acre site with two buildings totaling 12,550-square-feet for retail and restaurant uses, located at the southwest corner of Lone Tree Way and Gann Street; and

WHEREAS, said request for design review has been circulated to various reviewing agencies and City departments for comments; and

WHEREAS, the applicants are concurrently requesting approval of a mitigated negative declaration for the project; a General Plan amendment to change the site’s existing land use designation from Ranchette Estate to General Commercial; a rezone to change the site’s existing zoning classification from Ranchette Estate to Planned Development No. 70, including the establishment of development standards; and a conditional use permit to allow the establishment of a sit-down restaurant known as Skipolini’s Pizza on the site; and

WHEREAS, the Planning Commission previously considered the Lone Tree Ranch project, including DR 04-31, at a public hearing on September 5, 2006, and voted 2-2, thereby not approving it; and

WHEREAS, a duly noticed public hearing for this request was advertised in the Brentwood Press on September 29, 2006, and mailed to property owners within 300 feet of the site as required by City Ordinance and Government Code Section 65090; and

WHEREAS, the City Council of the City of Brentwood considered this project, including the appeal, at a public hearing at its regular meeting of October 10, 2006, and considered the staff report, all accompanying information, and testimony received from the applicant and other interested parties; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood:

A. Hereby finds that:

1. The proposed project, as conditioned, is consistent with the City General Plan and Zoning Ordinance, as amended. The General Commercial designation within the General Plan allows for uses that are encouraged in orderly clusters in suitable locations adjacent to State Route 4 and major arterials, with the major arterial Lone Tree Way located adjacent to the north boundary of the project site. The proposed PD-70 Zone provides for permitted uses, conditionally permitted uses, and general development standards within the project site. The development plan has been analyzed in conjunction with the proposed PD-70 Zone, and all uses, building setbacks, building heights, and other regulations have been complied with.

2. The development of the subject property, in the manner proposed by the applicant, will not be detrimental to the public welfare in that public vehicular access will be provided in conformance with City standards via a new driveway from Lone Tree Way, an emergency vehicle access will be provided in conformance with City and Fire District standards via a controlled gate and driveway from Gann Street, a masonry wall will be continued south along Gann Street as well as the south boundary of the site to comply with the Brentwood Municipal Code and to minimize noise and aesthetic impacts on adjacent residential properties, substantial landscape screening will be provided along the east and south boundaries to adequately buffer adjacent residential properties, and hours of operation for the proposed sit-down restaurant have been identified and will be enforced to ensure a peaceful environment for surrounding property owners.

3. The architectural design, colors, building materials, screening, landscaping and related improvements, as submitted with this project, are compatible with the surrounding neighborhood. The architectural design links the project to the architectural heritage of Brentwood by creating a farmhouse and barn on the project site while, at the same time, providing a residential feel by limiting the two buildings to a single-story at heights comparable to adjacent single-family dwellings. The colors and building materials, while somewhat unique to the project site, are appropriate given the proposed architectural style of the buildings and will not be significantly incompatible with colors or building materials of adjacent homes. The screening and landscaping provided by masonry walls, trees, and vines will enhance the compatibility between the project and adjacent residential development.

4. The project site, as conditioned, will have adequate public facilities and utilities and pedestrian, bicycle and vehicular circulation and parking when the project is completed and will not have adverse environmental effects on adjacent developments. Public facilities and utilities will be provided via connections to the City water, sewer, and storm drain systems, as well as those operated by AT&T, Comcast, and PG&E. Pedestrian circulation is provided via a pathway connecting with the public sidewalk along Lone Tree Way, decorative pathways at four strategic locations within the parking area to facilitate access between parking spaces and buildings, as well as minimum four-foot wide sidewalks along building fronts and sides. Bicycle circulation is provided via the same pathways, as well as by providing one parking rack for each building, strategically located near the respective entrances. Vehicular circulation is provided via a City standard driveway connecting with Lone Tree Way, as well as an emergency vehicle access via a controlled gate and driveway connecting with Gann Street. Internal circulation is provided via City standard drive aisles with a minimum width of 25-feet, including adequate radius returns for large vehicles and trucks. Parking is provided in accordance with the Brentwood Municipal Code, in that 118 parking spaces serve 8,700-square-feet of restaurant space (one space for each 100-square-feet, for a total of 87 spaces) and 6,150-square-feet of retail space (one space for each 200-square-feet, for a total of 31 spaces).

5. The location and arrangement of all structures and other facilities on the site, including the uses, internal circulation, off-street parking, lighting, and access to and from public rights-of-way, as submitted with this project, will be conducive to an orderly, attractive, efficient, and harmonious development, in that the two buildings are linked by a pedestrian pathway, internal pedestrian, bicycle, and vehicular circulation is provided via minimum four-foot wide pathways and minimum 25-foot wide drive aisles, off-street parking is provided in accordance with the Brentwood Municipal Code for restaurant and retail uses totaling 118 spaces, lighting is strategically designed and located throughout the project site for the benefit of customers as well as adjacent residential properties, and access to and from public rights-of-way is provided via a City standard driveway connecting with Lone Tree Way.

6. The project will not result in any significant impacts relative to tree removal, in that the seven trees proposed to be removed from the project site are not historically, biologically or aesthetically significant. In addition, the preliminary landscape plan for the project includes a significant number of new trees to be planted, with all trees to be 24-inch box size, meaning that the total number of trees on-site will be greatly increased as a result of the project.

7. The mitigation measures included in the mitigated negative declaration for this project include specific actions required of the applicant to reduce impacts on fire and police protection services. Compliance with these mitigation measures has been ensured by including them as conditions of project approval, and will reduce associated impacts to less-than-significant levels.

8. The proposed development creates a well-composed urban design, harmoniously related to other facilities in the immediate area and to the total setting as seen from key vantage points in the community.

9. Elements of design which have significant relationship to the exterior appearance of structures and facilities have been given special consideration; these elements include height, arrangements on the site, texture, lighting, material, color, signs, landscaping, and appurtenances.

10. The proposed development is of a quality and character appropriate to, and serving to protect the value of, private and public investments in the immediate area.

11. The proposed development conforms to all requirements for landscaping, screening, parking, usable open space, and off-street loading as set forth in Title 17 of the Brentwood Municipal Code.

B. Hereby approves the appeal and Design Review No. 04-31, subject to the City Council approval of Rezone No. 06-06, and subject to the conditions of approval listed in Exhibit “A”, attached hereto and made a part of this resolution, and all City standards applicable to this project.

This permit shall terminate on October 10, 2007, one (1) year from the effective date of approval, unless actual construction or alteration under valid permits has begun and is diligently pursued within said period or a written request has been submitted to the City for an extension of time as allowed under the Zoning Ordinance.

PASSED by the City Council of the City of Brentwood at its regular meeting of October 10, 2006, by the following vote:


EXHIBIT "A" TO
CITY COUNCIL RESOLUTION NO.
CONDITIONS OF APPROVAL FOR DESIGN REVIEW NO. 04-31


1. All applicable Standard Conditions of Approval for Commercial and Industrial Projects, dated May 2005, are hereby incorporated by reference and shall be complied with, unless modified by any of the conditions below.

2. The project shall be built substantially in conformance with the plans drawn by Arcanum Architecture, date stamp received July 7, 2006, unless otherwise amended by the City Council or the conditions of approval contained herein.

3. The location and design of all solid waste enclosures shall be verified by the Community Development Department through the Public Works Department prior to approval of improvement plans. All enclosures, including gates, shall be painted to match the buildings.

4. Final landscape plans shall be prepared in consultation with the Community Development Department, the Parks and Recreation Department, and the Public Works Department in order to ensure that tree species will function properly in the bioswale grass areas.

5. Public access to the project site shall be limited to Lone Tree Way, with construction of a new driveway connection allowing vehicles to make right-in and right-out movements only. An emergency vehicle access shall be provided along Gann Street, with movements controlled by a wooden gate. Said gate shall be operated by an Opticom system, to the satisfaction of the Police Department and the East Contra Costa Fire Protection District, and shall only be operated by emergency service personnel in the event of an emergency.

6. In addition to the two potential vehicular connection points shown on Sheet A1.1 of the project plans for the adjacent property to the west (APN 018-080-025), the applicant shall provide a third potential vehicular connection point for the adjacent property to the south (APN 018-080-024). Said connection points shall be reflected on the improvement plans for the project and, in the event that one or more of these connections is made, the applicant shall provide a recorded cross-access and reciprocal parking agreement with the adjacent property(ies). All of these items shall be to the satisfaction of the Community Development Director and the Director of Public Works/City Engineer.

7. The applicant shall construct a solid masonry wall along the east project boundary in order to match the existing wall that currently terminates approximately 80-feet south of Lone Tree Way. Said wall shall be constructed at a height of eight-feet and shall include a break for the approved emergency vehicle access located along Gann Street. Said wall shall be reflected on the final building plans to the satisfaction of the Community Development Director, and shall be constructed prior to building permit issuance.

8. The applicant shall construct a solid masonry wall along the south project boundary in order to match the wall along the east boundary, to the satisfaction of the Community Development Director. Said wall shall be constructed at a height of six-feet, prior to building permit issuance.

9. The applicant shall construct a solid masonry wall along the west project boundary in order to match the walls along the east and south boundaries, to the satisfaction of the Community Development Director. Said wall shall be constructed at a height of six-feet, prior to building permit issuance, and shall terminate at the north boundary of the service yard for the sit-down restaurant (Building 200). In the event that a building permit is issued for a single-family dwelling on the adjacent property to the west (APN 018-080-025), the applicant shall continue the wall along the remaining portion of the west project boundary, with the wall completed prior to occupancy of the dwelling.

10. The developer shall design the parking lot layout, internal traffic circulation, and landscape curbs at ends of aisles consistent with the Traffic Division Guidelines for Preparation of Effective Signing and Striping Plans for Commercial and Industrial Developments, including all signs, pavement markings, centerlines, limit lines, and pavement legends, to provide for the safe and orderly movement of vehicular, bicycle and pedestrian traffic within and through the development to the satisfaction of the City Engineer.

11. The applicant shall design and construct any remaining public improvements to Lone Tree Way and Gann Street along the project frontages to the satisfaction of the City Engineer prior to any building occupancy. Improvements shall include, but not be limited to, pavement, overlay or slurry seal of pavement area, sidewalk, utilities, landscape and irrigation of adjacent parkway.

12. The developer shall construct a deceleration lane on the south side of Lone Tree Way for 250 feet west of the driveway to provide safe entrance to the development.

13. All landscaping and improvements at the driveway entrance on Lone Tree Way and at the Lone Tree Way/Gann Street intersection shall be constructed consistent with the City of Brentwood Standard Plans for sight distance and visibility requirements of ST-10 and ST-11. No trees or shrubs that obscure visibility shall be planted in the clear zone areas.

14. The applicant shall annex into a street lighting and landscape maintenance assessment district, or some other alternative financing mechanism acceptable to the City, for maintenance of all public street lights and landscaping within or adjacent to the project site prior to building permit issuance.

15. The applicant shall annex into the most current City of Brentwood Community Facilities District to fund fire, emergency medical and public safety personnel, open space maintenance and operations, and flood and storm drain services prior to any building permit.

16. The applicant shall comply with all NPDES C-3 requirements.

17. All trees shall comply with the City of Brentwood’s Urban Forest Guidelines.

18. Approval of this design review application is contingent upon the approval of GPA 06-01 and RZ 06-06.

19. No signage is approved as part of this design review. All signage shall be reviewed and approved either by staff in accordance with the Brentwood Municipal Code, or by the Planning Commission in the form of a Master Sign Program through the conditional use permit process.

20. The two pedestrian walkways located interior to the parking area shall incorporate decorative shade structures. The applicant shall submit design plans of the shade structures to the Community Development Director for review and approval prior to building permit issuance.

21. Improvement plans shall reflect a storm drain stub along the west boundary of the project site and a manhole or inlet structure at the 12-inch/8-inch storm drain junction located west of Gann Street and south of Teal Court, to the satisfaction of the Director of Public Works/City Engineer and the Contra Costa County Flood Control & Water Conservation District.

22. The applicant shall install an oil/water separator (CDS system or equivalent) in the parking lot area immediately upstream of any connection to the City’s storm water system to the satisfaction of the City Engineer. The property owner will be responsible for maintaining this facility per manufacturer’s recommendations.

23. The Public Works Department shall have unobstructed access to the existing 12-inch sewer main that runs in a north-south direction within the 20-foot easement along the entire east side of the project site, for performing regular maintenance and cleaning of the main sewer line, regular closed circuit televising (CCTV) of said line, and future rehabilitation of said line by the City or approved contractor.

24. The City shall not be responsible for any and all additional costs encumbered due to removal and replacement of any and all structures, landscaping, curb and gutter and asphalt, whether privately owned or joint tenants in common, when performing maintenance of any kind located within the 20-foot sewer easement.

25. The owner or tenant of any food service establishment or business that discharges into the City of Brentwood Wastewater Collection system shall complete a “Permit Survey” characterization of waste to be discharged; and, if required, to have installed the proper size and type of grease removal device.

26. In conjunction with development of the proposed project, the developer shall shield all on-site lighting with either cut-off or full cut-off classified fixtures so that it is directed within the project site and does not illuminate adjacent properties or public rights-of-way. Building-mounted lighting shall be installed no more than 8-feet above finished grade. A lighting plan shall be approved by the Public Works Department, Community Development Department, and Police Department in conjunction with approval of improvement plans.

27. Prior to grading permit issuance, the developer shall comply with any City Council conservation programs established pursuant to General Plan Conservation Element Policy 1.1.4 in order to mitigate the potential significant impact of the proposed project on the loss of farmland. The developer shall pay the City fee per acre of lost farmland in effect at the time of grading permit issuance.

28. Prior to grading permit issuance, the developer shall prepare an Erosion Prevention and Dust Control Plan. The plan shall be followed by the project’s grading contractor and submitted to the Public Works Department, which will be responsible for field verification of the plan during construction. The plan shall comply with the City’s grading ordinance and shall include the following control measures and other measures as determined by the Public Works Department to be necessary for the proposed project:

• Cover all trucks hauling construction and demolition debris from the site;
• Water all exposed or disturbed soil surfaces at least twice daily;
• Use watering to control dust generation during demolition of structures or break-up of pavement;
• Pave, apply water three time daily, or apply (non-toxic) soil stabilizers on all unpaved parking areas and staging areas;
• Sweep daily (with water sweepers) all paved parking areas and staging areas;
• Provide daily clean-up of mud and dirt carried onto paved streets from the site;
• Enclose, cover, water twice daily or apply non-toxic soil binders to exposed stockpiles (dirt, sand, etc.);
• Limit traffic speeds on unpaved roads to 15 mph;
• Install sandbags or other erosion control measures to prevent silt runoff to public roadways;
• Replant vegetation in disturbed areas as quickly as possible;
• Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site;
• Install wind breaks, or plant trees/vegetative wind breaks at windward side(s) or construction areas;
• Suspend excavation and grading activity when winds (instantaneous gusts exceed 25 mph;
• Limit the area subject to excavation, grading, and other construction activity at any one time;
• Unnecessary idling of construction equipment shall be avoided;
• Equipment engines shall be maintained in proper working condition per manufacturers’ specifications;
• During periods of heavier air pollution (May to October), the construction period shall be lengthened to minimize the amount of equipment operating at one time; and
• Where feasible, the construction equipment shall use cleaner fuels, add-on control devices and conversion to cleaner engines.

29. Prior to issuance of a stockpiling or grading permit, the developer shall submit to the California Department of Fish and Game (CDFG) and the Community Development Department a pre-construction survey of the project site for burrowing owl, Swainson’s hawk, white-tailed kite, and other nesting raptors, performed in accordance with CDFG standards. The survey shall be conducted by a qualified biologist not more than 15 days prior to site disturbance. If site disturbing activities do not commence within said 15-day period, a subsequent survey shall be conducted. If an active raptor nest is found, a 250-foot protection zone shall be established, through consultation with CDFG. Any mitigation identified through the survey, through consultation with CDFG, shall be complied with by the developer.

30. Prior to grading permit issuance, the developer shall submit plans to the Community Development Department for review and approval which indicate (via notation on the improvement plans) that if cultural resources are encountered during site grading or other site work, all such work shall be halted immediately within the area of discovery and the developer shall immediately notify the Community Development Department of the discovery. In such case, the developer shall be required, at his or her expense, to retain the services of a qualified archaeologist for the purpose of recording, protecting or curating the discovery as appropriate. The archaeologist shall be required to submit to the Community Development Department for review and approval a report of the findings and method of curation or protection of the resource(s). Further grading or site work within the area of discovery will not be allowed until the preceding steps have been taken.

31. If human remains are encountered, work within 25 feet of the discovery shall be redirected and the County Coroner notified immediately. At the same time, an archaeologist shall be contacted to assess the situation. Project personnel shall not collect or move any human remains or associated material. If the human remains are of Native American origin, the Coroner must notify the Native American Heritage Commission (NAHC) within 24 hours of the identification. The NAHC will identify a most likely descendant to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods.

32. The Uniform Building Code earthquake design criteria shall be used by the Structural Engineer.

33. All grading and foundation plans for the development designed by the project Civil and Structural Engineer must be reviewed by the Soil Engineer prior to contract bidding or submittal to governmental agencies to ensure that all geotechnical recommendations specified in the geotechnical report are properly incorporated and utilized in design.

34. The developer shall notify the Soil Engineer at least two working days prior to site clearing, grading and/or foundation operations on the property, in order to give the Soil Engineer ample time to discuss any problems that may be encountered in the field and coordinate the work with the contractor.

35. Field observation and testing during grading operations must be provided by the Soil Engineer to ensure the adequacy of the site preparation, the acceptability of fill materials and the extent to which the earthwork construction and the degree of compaction comply with the specification requirements. Any work related to the grading and/or foundation operations performed without the full knowledge and under the direct observation of the Soil Engineer shall invalidate the opinions expressed by the Soil Engineer in the geotechnical report.

36. Prior to grading permit issuance, the developer shall submit a grading plan to the City Engineer for review and approval. If the grading plan differs significantly from the proposed grading illustrated on the approved project plans, plans that are consistent with the revised grading plan shall be provided for review and approval by the City Engineer.

37. Any applicant for a grading permit shall submit an erosion control plan to the City Engineer. This plan shall identify protective measures to be taken during construction, supplemental measures to be taken during the rainy season, the sequenced timing of grading and construction and subsequent revegetation and landscaping work to ensure that water quality in creeks and tributaries in the General Plan Area is not degraded from its present level.

38. Prior to approval of final facilities design, the City Engineer shall review plans for drainage and stormwater runoff control systems and their component facilities to ensure that these systems and facilities are non-erosive in design.

39. Grading, soil disturbance or compaction shall not occur during periods of rain or on ground that contains freestanding water. Soil that has been soaked and wetted by rain or any other cause shall not be compacted until completely drained and until the moisture content is within the limit approved by a Soil Engineer. Approval by a Soil Engineer shall be obtained prior to continuing grading operations.

40. Prior to grading permit issuance, a Comprehensive Grading Plan shall be submitted to the City Engineer that reflects the recommendations of the final Geotechnical Study. All recommendations of the final Geotechnical Study and City Engineer shall be incorporated into the grading plan and building design as a condition of the project grading permit and verified in the field by the City Engineer or his representative.

41. Prior to grading permit issuance, the developer shall submit to the City Engineer for review and approval a Drainage Master Plan which implements Best Management Practices (BMPs) to control quality of stormwater runoff.

42. Prior to grading permit issuance, a National Pollution Discharge Elimination System (NPDES) construction permit shall be obtained for any disturbance of more than one acre.

43. Prior to grading permit issuance, the developer shall submit to the City Engineer for review and approval a Drainage Master Plan which implements BMPs to control quality of stormwater runoff. The plan shall describe how on-site drainage systems shall be designed to compensate for the reduced water absorption capacity of the site and to prevent flooding of adjacent properties. The plan must ensure that all stormwater entering or originating within the project site shall be conveyed, without diversion of the watershed, to the nearest adequate, natural watercourse, or adequate man-made drainage facility.

44. Design of both the on-site and downstream drainage facilities shall meet with the approval of both the City Engineer and the Contra Costa County Flood Control & Water Conservation District prior to grading permit issuance.

45. Contra Costa County Flood Control & Water Conservation District drainage fees for the Drainage Area shall be paid prior to building permit issuance.

46. The construction plans shall indicate roof drains emptying into a pipe leading out to the street for the review and approval of the City Engineer prior to building permit issuance.

47. The improvement plans shall indicate concentrated drainage flows not crossing sidewalks or driveways for the review and approval of the City Engineer prior to grading permit issuance.

48. The developer shall ensure that the project site drains into a street, public drain, or approved private drain, in such a manner that undrained depressions shall not occur. Satisfaction of this measure shall be subject to the approval of the City Engineer.

49. Construction activities shall be limited to those hours as specified in the City’s Standard Conditions of Approval. Construction shall be prohibited on Sundays and City holidays. Delivery of construction equipment and the repair of such equipment shall be considered construction activities for the purposes of determining permitted work hours. These criteria shall be included in the grading plan submitted by the developer for review and approval by the Community Development Department prior to grading permit issuance.

50. All construction equipment shall use properly operating mufflers, and combustion equipment such as pumps or generators shall not be allowed to operate within 500 feet of any occupied residence during construction hours, unless the equipment is surrounded by a noise protection barrier acceptable to the Community Development Department. These criteria shall be included in the grading plan submitted by the developer for review and approval by the Community Development Department prior to grading permit issuance.

51. The Police Department shall review the design plans for this project prior to building permit issuance in order to ensure that the site plan incorporates appropriate crime prevention features.

52. Prior to building permit issuance, the developer shall comply with all applicable requirements of the Uniform Fire Code and the Contra Costa County Fire Protection District. The City of Brentwood Chief Building Official shall review the building plans to ensure compliance.



CITY COUNCIL RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE APPEAL FILED BY KENT IPSEN FOR THE LONE TREE RANCH PROJECT AND A CONDITIONAL USE PERMIT (CUP 06-02) TO ALLOW THE ESTABLISHMENT OF A SIT-DOWN RESTAURANT KNOWN AS SKIPOLINI’S PIZZA ON A 1.72-ACRE SITE, LOCATED AT THE SOUTHWEST CORNER OF LONE TREE WAY AND GANN STREET (APN 018-080-022).

WHEREAS, Kent and Yvette Ipsen (“applicants”) have submitted a conditional use permit application to allow the establishment of a sit-down restaurant known as Skipolini’s Pizza on a 1.72-acre site located at the southwest corner of Lone Tree Way and Gann Street; and

WHEREAS, said request for conditional use permit has been circulated to various reviewing agencies and City departments for requesting approval of a mitigated negative declaration for the project; a general plan amendment to change the comments; and

WHEREAS, the applicants are concurrently requesting a General Plan amendment to change the site’s existing land use designation from Ranchette Estate to General Commercial; a rezone to change the site’s existing zoning classification from Ranchette Estate to Planned Development No. 70, including the establishment of development standards; and a design review for two single-story buildings totaling 12,550-square-feet, including an 8,750-square-foot building for café and retail uses, and a 3,800-square-foot building for a sit-down restaurant known as Skipolini’s Pizza, as well as related parking, landscaping, and other improvements on the site; and

WHEREAS, the Planning Commission previously considered the Lone Tree Ranch project, including CUP 06-02, at a public hearing on September 5, 2006, and voted 2-2, thereby not approving it; and

WHEREAS, a duly noticed public hearing for this request was advertised in the Brentwood Press on September 29, 2006, and mailed to property owners within 300 feet of the site as required by City Ordinance and Government Code Section 65090; and

WHEREAS, the City Council of the City of Brentwood considered this project, including the appeal, at a public hearing at its regular meeting of October 10, 2006, and considered the staff report, all accompanying information, and testimony received from the applicant and other interested parties; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood:

A. Hereby finds that:

1. The project is consistent with the General Plan and Zoning Ordinance, as amended and provided the conditions of approval are implemented, as pertinent General Plan policies encourage the development of high quality projects that will provide a balanced mix of land uses. In addition, the General Commercial designation within the General Plan allows for uses that are encouraged in orderly clusters in suitable locations adjacent to State Route 4 and major arterials, with the major arterial Lone Tree Way located adjacent to the north boundary of the project site. The proposed PD-70 Zone provides for permitted uses, conditionally permitted uses, and general development standards within the project site. This includes the required approval of a conditional use permit for a sit-down restaurant.

2. The location, size, design, and operating characteristics of the proposed use, as conditioned, will be compatible with and will not adversely affect abutting properties and the surrounding neighborhoods, as the restaurant is located in the far southwest corner of the project site and masonry walls will be constructed along project boundaries adjacent to residential uses. In addition, public vehicular access will be provided in conformance with City standards via a new driveway from Lone Tree Way, an emergency vehicle access will be provided in conformance with City and Fire District standards via a controlled gate and driveway from Gann Street, substantial landscape screening will be provided along the east and south boundaries to adequately buffer adjacent residential properties, and hours of operation for the sit-down restaurant have been identified and will be enforced to ensure a peaceful environment for surrounding property owners.

3. The proposed restaurant, as conditioned, will have adequate public facilities and utilities and pedestrian, bicycle and vehicular circulation and parking when the project is completed and will not have adverse environmental effects on adjacent developments. Public facilities and utilities will be provided via connections to the City water, sewer, and storm drain systems, as well as those operated by AT&T, Comcast, and PG&E. Pedestrian circulation is provided via a pathway connecting with the public sidewalk along Lone Tree Way, decorative pathways at four strategic locations within the parking area, as well as minimum four-foot wide sidewalks along the building front and east side. Bicycle circulation is provided via the same pathways, as well as by providing a parking rack near the building entry. Vehicular circulation is provided via a City standard driveway connecting with Lone Tree Way, as well as an emergency vehicle access via a controlled gate and driveway connecting with Gann Street. Internal circulation is provided via City standard drive aisles with a minimum width of 25-feet, including adequate radius returns for large vehicles and trucks. Parking is provided in accordance with the Brentwood Municipal Code, in that 59 parking spaces serve the 5,900-square-feet of restaurant space (one space for each 100-square-feet, for a total of 59 spaces).

4. The location and arrangement of the use, internal circulation, off-street parking, lighting, and access to and from public rights-of-way, as submitted with this project, will be conducive to an orderly, attractive, efficient, and harmonious development, in that the building is linked to the rest of the project by pedestrian pathways, internal pedestrian, bicycle, and vehicular circulation is provided via minimum four-foot wide pathways and minimum 25-foot wide drive aisles, off-street parking is provided in accordance with the Brentwood Municipal Code for the restaurant use totaling 59 spaces, lighting is strategically designed and located throughout the project site for the benefit of customers as well as adjacent residential properties, and access to and from public rights-of-way is provided via a City standard driveway connecting with Lone Tree Way.

5. Any noise impacts resulting from the restaurant will be less-than-significant, in that regular live music (both inside and outside the restaurant) is prohibited pursuant to the project conditions of approval. In addition, any live music associated with the restaurant that does occur will be for special events only and will be non-amplified in nature. Finally, all live music has been conditioned to cease at 10:00 pm pursuant to the project conditions of approval. Chapter 9.32 of the Brentwood Municipal Code (Noise Regulations) shall apply to the operation of the restaurant, which will ensure that the noise levels resulting from the occasional, non-amplified live music on the site will not exceed the City’s applicable noise standards.

B. Hereby approves the appeal and Conditional Use Permit No. 06-02, subject to the City Council approval of Rezone No. 06-06, and subject to the conditions of approval listed in Exhibit “A”, attached hereto and made a part of this resolution, and all City standards applicable to this project.

This permit shall terminate on October 10, 2007, one (1) year from the effective date of approval, unless actual construction or alteration under valid permits has begun and is diligently pursued within said period or a written request has been submitted to the City for an extension of time as allowed under the Zoning Ordinance.

PASSED by the City Council of the City of Brentwood at its regular meeting of October 10, 2006, by the following vote:


EXHIBIT "A" TO
CITY COUNCIL RESOLUTION NO.
CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 06-02


1. All applicable Standard Conditions of Approval for Commercial and Industrial Projects, dated May 2005, are hereby incorporated by reference and shall be complied with, unless modified by any of the conditions below.

2. The project shall be built substantially in conformance with the plans drawn by Arcanum Architecture, date stamp received July 7, 2006, unless otherwise amended by the City Council or the conditions of approval contained herein.

3. The restaurant shall be operated substantially in conformance with the information submitted by the applicant and contained in file CUP 06-02.

4. The size of the restaurant shall be limited to 5,900-square-feet, with approximately 3,800-square-feet for indoor use and 2,100-square-feet for outdoor use. Any proposed increase in size shall be reviewed by the Planning Commission to ensure that no impacts will result, including those related to noise and parking.

5. Hours of operation for the restaurant shall be limited to 11:00 am through 10:00 pm (Sunday through Thursday) and 11:00 am through 11:00 pm (Friday and Saturday). In the event that the applicant proposes to modify the hours of operation or other aspects of the business operation, or modify the exterior building or site, the modification shall be subject to the review of the Community Development Director. The Community Development Director may approve the modification or refer the matter to the Planning Commission if judged to be substantial.

6. Regular live music at the restaurant (indoor or outdoor) shall be prohibited, with the exception of occasional non-amplified music for special events such as rehearsal dinners, retirement parties, etc. In no case shall any music be played beyond 10:00 pm.

7. The area surrounding the restaurant shall be maintained in a clean and orderly manner at all times. The applicant shall be responsible for and shall monitor the area outside of the restaurant to ensure peace and quiet for adjacent properties.

8. This conditional use permit authorizes the sale of beer and wine at the restaurant for on-premises consumption only. The applicant shall obtain all required permits and licenses from the California Department of Alcoholic Beverage Control (ABC) and shall submit copies of all such documents to the Community Development Department prior to occupancy. All permits and licenses shall be kept in good standing, with copies of any renewals or updates submitted to the Community Development Department.

9. Except for the outdoor dining area, alcohol shall not be consumed outside of the establishment. The applicant is responsible for supervising and controlling the activities of customers within the outdoor dining area. The applicant shall ensure that no disorderly behavior occurs in this area and that drinks are not taken outside of the outdoor dining area. The inability of the applicant to perform in this manner shall be cause for review and revocation of this conditional use permit as it pertains to the service of alcoholic beverages in the outdoor dining area.

10. All restaurant facilities shall be equipped at all times with filtering devices to minimize odors and fumes.

11. In the event that nuisances are created through the operation of the restaurant, either within the establishment itself or by its patrons in the vicinity of the use, the Community Development Director may refer CUP 06-02 to the Planning Commission for review at a public hearing. If necessary, the Planning Commission may add additional conditions of approval or may revoke the conditional use permit.

12. If operation of this use results in conflicts pertaining to parking, noise, traffic, or other impacts, at the discretion of the Community Development Director, this conditional use permit may be referred to the Planning Commission for subsequent review at a public hearing. If necessary, the Commission may modify or add conditions of approval to mitigate such impacts, or may revoke said conditional use permit.

 

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