PLANNING COMMISSION AGENDA

Tuesday, January 16, 2024 at 7:00 P.m. - 11:55 P.m.

City Council Chambers

150 City Park Way

Brentwood, CA 94513

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A.

CALL TO ORDER & ROLL CALL

B.

PLEDGE OF ALLEGIANCE

C.

ANNOUNCEMENT OF AND SWEARING IN FOR THE RE-APPOINTMENT OF ANITA ROBERTS AND THE APPOINTMENT OF GERALD JOHNSON TO THE PLANNING COMMISSION FOR TWO-YEAR TERMS, EXPIRING DECEMBER 31, 2025

D.

ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON FOR 2024 FOR THE PLANNING COMMISSION

E.

ELECTION OF MEMBERS TO SERVE ON THE DESIGN REVIEW SUBCOMMITTEE AND THE TRANSPLAN COMMITTEE

F.

PUBLIC COMMENTS

Pursuant to Council/Administrative Policy, Meeting Rules and Procedures section 5.2 (Decorum Generally – Public), comments by members of the public are generally limited to five minutes, or less time if a large number of speakers is anticipated, or if approved by the Chair. Speakers desiring answers to questions should direct them to the Planning Commission and, if relevant, they may direct them to the appropriate staff member. Speakers can also follow up directly with staff during regular City business hours.

Please file a speaker’s card with the Administrative Secretary on the form provided on the counter at the back of the Chambers.

During this portion of the meeting those present in the Council Chambers are permitted to speak on items that are listed under items not on the agenda during this portion of the meeting. Public comments for scheduled agenda items should wait until that time.

Zoom participation during this general public comment period will not be accepted. 

PLEASE NOTE THAT THE COMMISSION’S ACTIONS ARE FINAL UNLESS AN APPEAL IS FILED WITH THE CITY CLERK WITHIN TEN CALENDAR DAYS. 

G.

CONSENT CALENDAR

All matters listed on the consent calendar are considered routine in nature and will be enacted by one motion. If discussion is required, that particular item will be removed from the consent calendar and will be considered separately

G.1

Regular Planning Commission Minutes - December 5, 2023

H.

PUBLIC HEARINGS

Persons addressing the Planning Commission are asked to file a speaker card or raise their hands using the Zoom feature.  The Commission may adopt reasonable regulations at the onset of the public hearing to facilitate public testimony.  These regulations may include time limits.  In the absence of such regulations, the public hearing shall follow the protocol for Public Comments.  

H.1

Conditional Use Permit and Design Review for the Lone Tree Way Commercial Speculative Building.

• Recommendation:

  An application for a Conditional Use Permit (CUP 23-002) and a Design Review (DR 23-002) for a new, 6,061 square foot, multi-tenant commercial speculative building with a 24-vehicle capacity drive-through lane and associated site improvements on a ±0.83-acre parcel located at 6740 Lone Tree Way (APN 019-010-038).

  Staff recommends that the Planning Commission adopt Resolution No. 24-001, approving Conditional Use Permit No. 23-002, and adopt Resolution No. 24-002, approving Design Review No. 23-002, both subject to certain findings and conditions.

  The project qualifies as a Class 32 categorical exemption under the California Environmental Quality Act (CEQA) Guidelines Section 15332 (In-Fill Development Projects), insomuch as the proposed commercial speculative building and drive-through are consistent with the applicable General Plan designation, as well as with applicable zoning designation and regulations, are proposed on a project site less than 5-acres in size, have no value as habitat for endangered species, would not result in significant effects relating to traffic, noise, air quality, or water quality, and can be adequately served by all utilities and public services.

H.2

An application for a General Plan amendment (GPA 24-001) to repeal the March 2023 Housing Element and adopt the City’s Housing Element Update for the period of 2023-2031 (6th Cycle), in compliance with State housing element law.

• Recommendation:

  Staff recommends that the Planning Commission adopt Resolution No. 23-005 recommending the City Council approve a General Plan amendment (GPA 24-001) to repeal the March 2023 Housing Element and adopt the City’s November 2023 Submittal to the California Department of Housing and Community Development (HCD) for the period of 2023-2031 (6th Cycle), in compliance with State housing element law.

  The amendment is exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that there is no possibility that the amendment may have a significant effect on the environment.

H.3

Brentwood Municipal Code Amendments to repeal and replace Local Density Bonus Regulations and Reference State Density Bonus Law, as well as modify the definition of Low-income household.

• Recommendation:

  Staff recommends that the Planning Commission adopt Resolution No. 23-003 recommending that the City Council adopt an Ordinance to amend the Brentwood Municipal Code by repealing and replacing Chapter 17.720 (Density Bonus Program) to implement State Density Bonus Law and adopt Government Code Sections 65915–65918 by reference, as well as modifying Section 17.725.002 (Definitions) of the City’s Affordable Housing Ordinance to modify the definition of Low-income household.

  These text amendments are exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

H.4

An amendment to Title 17 (Zoning) of the Brentwood Municipal Code regarding oil and gas regulations

• Recommendation:

  A Resolution recommending the City Council adopt an ordinance removing oil and gas development as conditionally permitted uses in Planned Development District No. 17 and Planned Development District No. 55, requiring oil and gas development uses to be expressly listed as permitted or conditionally permitted uses in a district to be permitted or eligible for conditional use permits, amending oil and gas production regulations, and finding the action exempt from CEQA (RZ 23-003).

  The adoption of the proposed ordinance is a discretionary action by the City Council and; therefore, subject to consideration under the California Environmental Quality Act (CEQA). The ordinance has been assessed in accordance with the authority and criteria contained in CEQA, the State CEQA Guidelines, and the environmental regulations of the City. Pursuant to CEQA and the CEQA Guidelines, it has been determined that the proposed ordinance is exempt from CEQA, including without limitation, requirements for CEQA review, pursuant to the following exemptions: the “common sense” exemption under CEQA Guidelines Section 15061(b)(3), and the categorical exemption under CEQA Guidelines Section 15308 for Class 8 - Actions by Regulatory Agencies for the Protection of the Environment.

I.

INFORMATIONAL REPORTS FROM COMMITTEES AND UPCOMING MEETING SCHEDULE

This portion of the agenda is to provide an opportunity for Planning Commissioners to report on attendance at events and subcommittee meetings.

TRANSPLAN Committee (Brand)                            2nd Thursday of every month

Design Review Subcommittee (Flohr/Zeigler)          2nd and 4th  Thursday of every month

Land Use and Development Committee (Roberts)   3rd Monday of every month.   

J.

REQUEST FOR FUTURE AGENDA ITEMS

J.1

NEW REQUEST(S)

Planning Commissioners wishing to have an agenda item placed on a future agenda shall make a request under this section of the agenda. These items will be included on the agenda for a future Planning Commission meeting.

K.

ADJOURNMENT

The next regular Planning Commission meeting is scheduled for February 6, 2024 and will be at the City of Brentwood Council Chambers located at 150 City Park Way.

Any disclosable public records related to an agenda item for the open session of this meeting distributed to all or a majority of the City Council less than 72 hours before this meeting is available for inspection at City Hall, located at 150 City Park Way, during normal business hours. These writings will also be available for review at the City Council meeting in the public access binder in the entrance of the City Council Chambers. 

Public comments received after 3:00 p.m. of the meeting date, but prior to the start of the meeting, will be emailed to the Planning Commission and posted on the City's agenda webpage  within one day following the meeting, and will be summarized in the meeting minutes.  

The Closed Captioning provided via Zoom is auto generated.  It is not the official record and is provided as a convenience.

If you challenge the any of the matters listed under 'Public Hearings' in court, you may be limited to raising  only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Brentwood Planning Commission at, or prior to, the public hearing

NOTICE

In compliance with the Americans with Disabilities Act, the meeting room is wheelchair accessible and disabled parking is available at the City Hall parking lot. If you are a person with a disability and you need disability-related modifications or accommodations to participate in this meeting, please contact the City Clerk's Office at [phone] or fax [phone]. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. {28 CFR 35.102-35, 104 ADA Title II}

POSTING STATEMENT

On January 11, 2024, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside City Hall, 150 City Park Way, Brentwood, CA  94513 and at our website www.brentwoodca.gov

 

A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov