Agenda packet — Brentwood City Council, May 24, 2022 (part 8 of 9)

PURPOSE
The purpose of this policy is to establish guidelines for the issuance of ceremonial documents including proclamations and certificates of appreciation/recognition.

POLICY
A. Requests for Recognition Criteria:

The City of Brentwood will consider a request for a proclamation or certificate of appreciation/recognition from any group or individual, as long as the request has some type of local relevance and/or promotes activities taking place in the City of Brentwood. All requests are subject to approval by and prepared on behalf of the Mayor or the Mayor’s designee. The general criteria for the issuance of these types of recognition are:

1. Issues with widespread community interest or concern, with a primary emphasis on requests that are in support of City Council goals and objectives;

2. Recognition of a local, civic organization, group or individual achieving outstanding or significant accomplishments

3. Acknowledgment of significant events or celebrations.

B. Ceremonial Documents:

1. Certificates
Certificates of Appreciation/Recognition may be issued for the following (not an exhaustive list):
• Heroism
• Eagle Scout achievement
• School or sports groups achievements
• Non-profit corporations
• Retirements
• Individuals or groups who have made significant contributions to the community Information required: A summary of the achievement or an overview of the years of service or specific contribution to the community.

2. Proclamations – The City Council will adopt an annual calendar of proclamations each year.

Proclamations may be issued for the following (not an exhaustive list):
• Brentwood Ccivic celebrations
• Brentwood Oorganizations contributing to the economic development of the City • Issues with widespread Brentwood community interest with a primary emphasis on requests in support of City Council’s goals and objectives • Significant Brentwood community based events
• Significant anniversaries of City of Brentwood based institutions, corporations, community partners, and non-profit organizations
• Fundraisers benefiting the citizens of Brentwood
Information required: A brief history of the organization or a description of the purpose, goals, motto or theme of the event is required to complete the proclamation. If funds are to C.10.b
Packet Pg. 1133 Attachment: Draft Policy 110-04 (2703 : Policy 110-04 Procedures for Ceremonial Documents)

COUNCIL/ADMINISTRATIVE POLICY
Subject: Procedures for Ceremonial
Documents Policy No: 110-4 Date: May 24,
2011DRAFT
Resolution No:
2011-68

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CITY OF BRENTWOOD
be raised, who will benefit from the event, and what will take place during the time of celebration/recognition, including dates and times.

All proclamations considered by the Mayor and the City Manager’s Office will be placed on a City Council agenda. Routine proclamations will be placed on the Consent Calendar, and in the event a recipient is present, these items can be pulled from the Consent Calendar to allow the recipient a brief statement related to the proclamation. Proclamations made through a special requested, or by a City Council Member who would like to recognize a specific person or organization will be placed under Presentations.

When appropriate, the City’s social media channels may be used to inform the public of the proclamation.

C. Receiving Requests:

To start the ceremonial document process an individual or organization must first submit a written request. Written requests should be sent to the attention of the Mayor on the standard application. Requests received will be administered by the City Manager’s Office and the City Clerk Division and approved by the Mayor.

All requests must be received at least thirty fifteen (3015) business days prior to the event to the address listed on the Request for Ceremonial Documents Form.

All requests will go through an internal review and approval process. The Mayor and the City Manager’s Office reserves the right to determine the appropriateness and the type of document to be issued based on the information provided by the requesting individual and/or organization. Submission of a request, does not guarantee the issuance of a ceremonial document.

All requests must include the name and daytime phone number of the contact person.

Submitting a draft with your request of the document desired will expedite the process considerably.

Please specify whether the document should be mailed, held for pick-up, or presented at a special event or City Council meeting. Documents will be presented at special events pending the availability of the Mayor, his/her designee or other city officials to honor such requests.

Presentation at a specific City Council meeting must be approved in advance by the City Manager or his/her designee.

Only one ceremonial document will be issued per event.

D. Other Types of Presentations: The City will also, on occasion, issue other types of formal recognition, including plaques at special events, or a Key to the City as determined by the issuing official. The City Manager’s Office will be responsible for the coordination of these events.

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Packet Pg. 1134 Attachment: Draft Policy 110-04 (2703 : Policy 110-04 Procedures for Ceremonial Documents)

COUNCIL/ADMINISTRATIVE POLICY
Subject: Procedures for Ceremonial
Documents Policy No: 110-4 Date: May 24,
2011DRAFT
Resolution No:
2011-68

Page 2 of 2 ends

CITY OF BRENTWOOD
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Packet Pg. 1135 Attachment: Draft Policy 110-04 (2703 : Policy 110-04 Procedures for Ceremonial Documents)

REQUEST FOR PROCLAMATIONS & CEREMONIAL DOCUMENT

CAREFULLY READ THE FOLLOWING GUIDELINES BEFORE COMPLETING THE REQUEST FORM  All requests go through an internal review and approval process.  Submitting a draft and/or background for the document requested will expedite the process.  Email, fax or mail the request AT LEAST THIRTYFIFTEEN (3015) DAYS PRIOR TO THE MEETING OR EVENT to:

City of Brentwood
Attn: MayorCity Clerk
c/o City Clerk’s Division
150 City Park Way
Brentwood, CA 94513
[email protected]
Fax Number: 925-516-5441
Note: After faxing, call 925-516-5440 to confirm receipt  One contact person per request
 Documents will remain available for pick-up with the City Clerk for thirty (30) days after the event date. After thirty (30) days the document will be destroyed.
 Submission of a request does not guarantee the issuance of a ceremonial document.

PLEASE PRINT LEGIBLY AFTER READING THE GUIDELINES ABOVE Contact Person Telephone Number
Email Address
Person/Organization Recognized
Event/Occasion
Does the person reside or is the organization located in Brentwood? Will the event or occasion be held in Brentwood?
Today’s Date Date of Event/Occasion
Highlights of Person/Organization Recognized (A biographical sketch of the individual including his/her involvement in the community, or a description of the organization and how it impacts the community is required. Please use the back of this sheet or a separate attachment if you need additional space)

Please select one of the options listed below:

When my ceremonial document is completed, please mail it to the following:

Name: OR When my ceremonial document is
Completed, please call for pick-up:

Address:

Name:

Telephone #:

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Packet Pg. 1136 Attachment: Draft Policy 110-04 (2703 : Policy 110-04 Procedures for Ceremonial Documents) CITY COUNCIL AGENDA ITEM NO. 11
Meeting Date: May 24, 2022
Subject/Title: Resolutions approving the continued use of teleconferencing for meetings of (1) the City Council and all subsidiary City legislative bodies, (2) the Successor Agency to the Brentwood Redevelopment Agency, and (3) the Brentwood Infrastructure Financing Authority, from May 24, 2022 through June 23, 2022, per AB 361 (2021)
Prepared by: Margaret Wimberly, City Clerk
Submitted by: Tim Ogden, City Manager

PURPOSE AND RECOMMENDATION
As required by State law, this item extends for a period of thirty days, the ability of the City Council and its subsidiary legislative bodies, the Successor Agency to the Brentwood Redevelopment Agency, and the Brentwood Infrastructure Financing Authority to hold teleconference meetings pursuant to the emergency provisions established by Assembly Bill (AB) 361 (2021), and set forth in the Ralph M. Brown Act (Government Code Sections 54950, et seq., hereafter, “the Brown Act”)
It is recommended that:

1. The City Council adopt a Resolution approving the continued use of teleconferencing for meetings of the City Council and all subsidiary City legislative bodies from May 24, 2022 through June 23, 2022, per AB 361 (2021)

2. The City Council, sitting as the Successor Agency, adopt a Resolution approving the continued use of teleconferencing for meetings of the Successor Agency to the Brentwood Redevelopment Agency from May 24, 2022 through June 23, 2022, per AB 361 (2021)

3. The City Council, sitting as the Brentwood Infrastructure Financing Authority (the “Authority”), adopt a Resolution approving the continued use of teleconferencing for meetings of the Authority from May 24, 2022 through June 23, 2022, per AB 361 (2021)

CITY COUNCIL STRATEGIC INITIATIVE
None.

PREVIOUS ACTION
See Attachment A.

BACKGROUND
The Brown Act governs the manner in which meetings of local legislative bodies are to be conducted. In September 2021, the Brown Act was amended by AB 361 to provide for the use of teleconferencing by legislative bodies in times of emergencies, such as global health pandemics, wildfires, and the like.

In order to conduct public meetings under this new teleconferencing model, legislative bodies are required to, among other things:
 ensure public comment opportunities in real time during meetings; C.11
Packet Pg. 1137
 discontinue action on agenda items by the legislative body in the event of a disruption that prevents the City from broadcasting the remote meeting, or in the event of a disruption within the City’s control that prevents members of the public from offering public comments in real time; and
 make periodic findings regarding the ongoing need for teleconferencing.

The periodic findings required by the state must be made every 30 days. To make these findings, the City’s legislative bodies must determine that:

1. the circumstances of the state of emergency have been reconsidered, and

2. either of the following circumstances continue to exist:
a. the state of emergency continues to directly impact the ability of the members to safely meet in person, or
b. state or local officials continue to impose or recommend measures to promote social distancing.

As noted in the attached resolutions, the circumstances of the state of emergency continue to exist, insomuch as the State of California’s State of Emergency due to COVID-19 (originally issued March 4, 2020, and thereafter updated) remains in effect with respect to cities.

In addition, Dr. Sefanit Mekuria, Deputy Public Health Officer for Contra Costa County, issued revised recommendations on April 15, 2022, for safely holding public meetings, including strongly recommending teleconferencing meetings as those meetings present the lowest risk of transmission of the virus that causes COVID-19, and further recommended social distancing and face masking of all attendees if public meetings were held in person (see Exhibit 1 to the attached Resolutions). On May 13, 2022, eleven county health officers, including Contra Costa County’s, issued a joint statement noting that “[t]he Bay Area now has California’s highest COVID infection rates.”
As the Agency and the Authority are separate entities related to, but independent of, the City, this is a joint staff report, with separate resolutions prepared for each entity. The attached Resolutions make the required findings under AB 361 (2021). If adopted, they will allow the City and its subsidiary bodies, the Agency, and the Authority to continue to use teleconferencing and offer remote participation for public meetings for the next 30 days.

FISCAL IMPACT
None.

Attachments:

AB 361 Resolution Attachment (Exhibit 1) 04.15.2022
Attachment "A"
AB 361 Resolution
AB 361 Resolution Successor Agency
AB 361 Resolution BIFA
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Recommendations for safely holding public meetings
Each local government agency is authorized to determine whether to hold public meetings in person, on-line (teleconferencing only), or via a combination of methods. The following are recommendations from the Contra Costa County Health Officer to minimize the risk of COVID 19 transmission during a public meeting.

1. Online meetings (i.e. teleconferencing meetings) are encouraged, where practical, as these meetings present the lowest risk of transmission of SARS CoV-2, the virus that causes COVID 19. This is particularly important when community prevalence rates are high. Our current trends as of April 15, 2022 in Covid-19 case rate and Covid-19 hospitalizations have plateaued at this time, but wastewater surveillance data and COVID-19 test positivity has been increasing. In addition to this, the predominant variant of Covid-19 being identified continues to be the Omicron variant, the impact of which on the spread of Covid-19 has shown to dramatically increase COVID-19 transmission.

2. If a local agency determines to hold in-person meetings, offering the public the opportunity to attend via a call-in option or an internet-based service option is recommended, when possible, to give those at higher risk of and/or higher concern about COVID-19 an alternative to participating in person.

3. A written safety protocol should be developed and followed. It is recommended that the protocol require social distancing, where feasible – i.e. six feet of separation between attendees; and consider requiring or strongly encouraging face masking of all attendees and encouraging attendees to be up-to-date on their COVID-19 vaccine.

4. Seating arrangements should allow for staff and members of the public to easily maintain at least six-foot distance from one another at all practicable times.

5. Consider holding public meetings outdoors. Increasing scientific consensus is that outdoor airflow reduces the risk of COVID-19 transmission compared to indoor spaces. Hosting events outdoors also may make it easier to space staff and members of the public at least 6 feet apart.

6. Current evidence is unclear as to the added benefit of temperature checks in addition to symptom checks. We encourage focus on symptom checks as they may screen out individuals with other Covid-19 symptoms besides fever and help reinforce the message to not go out in public if you are not feeling well.

7. Consider a voluntary attendance sheet with names and contact information to assist in contact tracing of any cases linked to a public meeting.

Revised 4-15-2022
Sefanit Mekuria, MD, MPH
Deputy Health Officer, Contra Costa County
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Packet Pg. 1139 Attachment: AB 361 Resolution Attachment (Exhibit 1) 04.15.2022 (2704 : AB 361 - Teleconferencing) “Attachment A”

PREVIOUS ACTION
On March 17, 2020, the City Council, by Resolution No. 2020-36, confirmed the Director of Emergency Services’ Proclamation of the Existence of a Local Emergency Due to the Spread of a Severe Acute Respiratory Illness Caused by the Novel Coronavirus Designated as COVID-19.

On October 12, 2021, the City Council, by Resolution No. 2021-131, approved the continued use of teleconferencing for meetings of the City Council and all subsidiary City legislative bodies, from October 12, 2021 through November 11, 2021, per AB 361 (2021).

On October 12, 2021, the Successor Agency (the “Agency”), by Resolution No. 2021-04-SA, approved the continued use of teleconferencing for meetings of the Agency from October 12, 2021 through November 11, 2021, per AB 361 (2021).

On October 12, 2021, the Brentwood Infrastructure Financing Authority (the “Authority”), by Resolution No. BIFA-32, approved the continued use of teleconferencing for meetings of the Authority from October 12, 2021 through November 11, 2021, per AB 361 (2021).

On November 9, 2021, the City Council, by Resolution No. 21-140, approved the continued use of teleconferencing for meetings of the City Council and all subsidiary City legislative bodies, from November 9, 2021 through December 9, 2021, per AB 361 (2021).

On November 9, 2021, the Agency, by Resolution No. 2021-05-SA, approved the continued use of teleconferencing for meetings of the Agency from November 9, 2021 through December 9, 2021, per AB 361 (2021).

On November 9, 2021, the Authority, by Resolution No. BIFA-33, approved the continued use of teleconferencing for meetings of the Authority from November 9, 2021 through December 9, 2021, per AB 361 (2021).

On November 16, 2021, the City Council, by Resolution No. 2021-143, approved the continued use of teleconferencing for meetings of the City Council and all subsidiary City legislative bodies, from November 16, 2021 through December 16, 2021, per AB 361 (2021).

On November 16, 2021, the Agency, by Resolution No. 2021-06-SA, approved the continued use of teleconferencing for meetings of the Agency from November 16, 2021 through December 16, 2021, per AB 361 (2021).

On November 16, 2021, the Authority, by Resolution No. BIFA-34, approved the continued use of teleconferencing for meetings of the Authority from November 16, 2021 through December 16, 2021, per AB 361 (2021).

On December 14, 2021, the City Council, by Resolution No. 2021-153, approved the continued use of teleconferencing for meetings of the City Council and all subsidiary City legislative bodies, from December 14, 2021 through January 13, 2022, per AB 361 (2021).

On December 14, 2021, the Agency, by Resolution No. 2021-07-SA, approved the continued use of teleconferencing for meetings of the Agency from December 14, 2021 through January 13, 2022, per AB 361 (2021).

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Packet Pg. 1140 Attachment: Attachment "A" (2704 : AB 361 - Teleconferencing) On December 14, 2021, the Authority, by Resolution No. BIFA-35, approved the continued use of teleconferencing for meetings of the Authority from December 14, 2021 through January 13, 2022, per AB 361 (2021).

On January 11, 2022, the City Council, by Resolution No. 2022-03 approved the continued use of teleconferencing for meetings of the City Council and all subsidiary City legislative bodies, from January 11, 2022 through February 10, 2022 per AB 361 (2021).

On January 11, 2022, the Agency, by Resolution No. 2022-01-SA, approved the continued use of teleconferencing for meetings of the Agency from January 11, 2022 through February 10, 2022 per AB 361 (2021).

On January 11, 2022, the Authority, by Resolution No. BIFA-36 approved the continued use of teleconferencing for meetings of the Authority from January 11, 2022 through February 10, 2022 per AB 361 (2021).

On February 8, 2022, the City Council, by Resolution No. 2022-18 approved the continued use of teleconferencing for meetings of the City Council and all subsidiary City legislative bodies, from February 8, 2022 through March 10, 2022 per AB 361 (2021).

On February 8, 2022, the Agency, by Resolution No. 2022-04-SA, approved the continued use of teleconferencing for meetings of the Agency from February 8, 2022 through March 10, 2022 per AB 361 (2021).

On February 8, 2022, the Authority, by Resolution No. BIFA-37 approved the continued use of teleconferencing for meetings of the Authority from February 8, 2022 through March 10, 2022 per AB 361 (2021).

On March 8, 2022, the City Council, by Resolution No. 2022-30, approved the continued use of teleconferencing for meetings of the City Council and all subsidiary City legislative bodies, from March 8, 2022 to April 7, 2022 per AB 361 (2021)
On March 8, 2022, the Agency, by Resolution No. 2022-05-SA, approved the continued use of teleconferencing for meetings of the Agency from March 8, 2022 through April 7, 2022 per AB 361 (2021).

On March 8, 2022, the Authority, by Resolution No. BIFA-38 approved the continued use of teleconferencing for meetings of the Authority from March 8, 2022 through April 7, 2022 per AB 361 (2021).

On March 22, 2022, the City Council, by Resolution No. 2022-35, approved the continued use of teleconferencing for meetings of the City Council and all subsidiary City legislative bodies, from March 22, 2022 to April 21, 2022 per AB 361 (2021)
On March 22, 2022, the Agency, by Resolution No. 2022-06-SA, approved the continued use of teleconferencing for meetings of the Agency from March 22, 2022 through April 21, 2022 per AB 361 (2021).

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Packet Pg. 1141 Attachment: Attachment "A" (2704 : AB 361 - Teleconferencing) On March 22, 2022, the Authority, by Resolution No. BIFA-39 approved the continued use of teleconferencing for meetings of the Authority from March 22, 2022 through April 21, 2022 per AB 361 (2021).

On April 12, 2022, the City Council, by Resolution No. 2022-44, approved the continued use of teleconferencing for meetings of the City Council and all subsidiary City legislative bodies, from April 12, 2022 through May 12, 2022, per AB 361 (2021).

On April 12, 2022, the Agency, by Resolution No. 2022-07-SA, approved the continued use of teleconferencing for meetings of the Agency from April 12, 2022 through May 12, 2022, per AB 361 (2021).

On April 12, 2022, the Authority, by Resolution No. BIFA-40 approved the continued use of teleconferencing for meetings of the Authority from April 12, 2022 through May 12, 2022, per AB 361 (2021).

On May 10, 2022, the City Council, by Resolution No. 2022-, approved the continued use of teleconferencing for meetings of the City Council and all subsidiary City legislative bodies, from May 10, 2022 through June 9, 2022, per AB 361 (2021).

On May 10, 2022, the Agency, by Resolution No. 2022-08-SA, approved the continued use of teleconferencing for meetings of the Agency from May 10, 2022 through June 9, 2022, per AB 361 (2021).

On May 10, 2022, the Authority, by Resolution No. BIFA-41 approved the continued use of teleconferencing for meetings of the Authority from May 10, 2022 through June 9, 2022, per AB 361 (2021).

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Packet Pg. 1142 Attachment: Attachment "A" (2704 : AB 361 - Teleconferencing) RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING THE CONTINUED USE OF

TELECONFERENCING FOR MEETINGS OF THE CITY

COUNCIL AND ALL OTHER CITY SUBSIDIARY LEGISLATIVE
BODIES, FROM MAY 24, 2022 THROUGH JUNE 23, 2022, PER
AB 361 (2021)
WHEREAS, on March 4, 2020, the Governor of California proclaimed a State of Emergency to exist in California as a result of the threat of novel coronavirus disease, COVID19; and WHEREAS, on March 17, 2020, the City Council adopted Resolution 2020-36, confirming the Director of Emergency Services’ proclamation of the existence of a local emergency due to the spread of a severe acute respiratory illness caused by the novel coronavirus designated as COVID-19. Said Resolution remains in effect; and WHEREAS, also on March 17, 2020, the Governor of California executed Executive Order N-29-20, which suspended and modified specified provisions in the Ralph M. Brown Act (Government Code § 54950, et seq.) and authorized local legislative bodies to hold public meetings via teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and participate in the meeting of the local legislative body; and
WHEREAS, on June 11, 2021, the Governor of California executed Executive Order N08-21, which extended the provisions of Executive Order N-29-20 concerning teleconference accommodations for public meetings through September 30, 2021; and WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 (AB 361, Rivas) (Stats. 2021, ch. 165) (“AB 361”), which, among other actions, amended Government Code § 54953 by providing alternative teleconferencing requirements to conduct public meetings during a proclaimed state of emergency; and WHEREAS, on November 10, 2021, the Governor of California executed Executive Order N-21-21, which extended the timeframes set forth in Executive Order N-12-21 and N-17- 21 through March 31, 2022; and
WHEREAS, AB 361 imposes requirements to ensure that members of the public are able to attend and participate in public meetings conducted via teleconference, including:
 Notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, such as Zoom; and
 The legislative body shall take no further action on agenda items when there is a disruption that prevents the City from broadcasting the meeting, or in the event of a disruption within the City’s control that prevents members of the public from offering public comments, until public access is restored; and
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Packet Pg. 1143 Attachment: AB 361 Resolution (2704 : AB 361 - Teleconferencing)

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 Prohibits the legislative body from requiring public comments to solely be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for members of the public to address the legislative body and offer comments in real time; and
WHEREAS, the City has already implemented and is in full compliance with the requirements listed above when conducting public meetings via teleconference, which are now codified in Government Code § 54953(e)(2)(B-F); and
WHEREAS, on April 15, 2022, Dr. Sefanit Mekuria, Deputy Public Health Officer for Contra Costa County, issued revised recommendations for safely holding public meetings, set forth in the attached Exhibit 1, including:
 strongly recommending teleconferencing meetings, as those meetings present the lowest risk of transmission of the virus that causes COVID-19; and  recommending that, if a local legislative body determines to hold in-person meetings, that the public be offered the opportunity to attend via a call-in option or an internetbased service option, when possible, to give those at higher risk of and/or higher concern about COVID-19 an alternative to participating in person; and  the development of and adherence to a written safety protocol requiring social distancing – i.e., six feet of separation between attendees – and face masking of all attendees, among other things; and
 and further recommended social distancing and face masking of all public meeting attendees; and
WHEREAS, on May 13, 2022, eleven county health officers, including Contra Costa County’s, issued a joint statement noting that “[t]he Bay Area now has California’s highest COVID infection rates. The current wave is fueled by highly contagious Omicron subvariants.

Bay Area counties are seeing increases in reported cases, levels of virus in sewer sheds, and hospitalizations;” and
WHEREAS, pursuant to Government Code § 54953(e)(1)(A), a local legislative body such as the City Council may hold a meeting using teleconferencing during a proclaimed state of emergency when, among other conditions, state or local officials have imposed or recommended measures to promote social distancing. After the first such meeting held after October 1, 2021, the City Council must thereafter make certain findings no later than 30 days after the first teleconferenced meeting is held pursuant to AB 361, and must also make said findings every 30 days thereafter, in order to continue to allow teleconference accessibility for conducting public meetings; and
WHEREAS, on October 12, 2021, the City Council, by Resolution No. 2021-131, approved the continued use of teleconferencing for meetings of the City Council and all subsidiary City legislative bodies, from October 12, 2021 through November 11, 2021, per AB 361 (2021); and
WHEREAS, on November 9, 2021, the City Council, by Resolution No. 2021-140, approved the continued use of teleconferencing for meetings of the City Council and all C.11.c
Packet Pg. 1144 Attachment: AB 361 Resolution (2704 : AB 361 - Teleconferencing)

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subsidiary City legislative bodies, from November 9, 2021 through December 9, 2021, per AB 361 (2021); and
WHEREAS, on November 16, 2021, the City Council, by Resolution No. 2021-143, approved the continued use of teleconferencing for meetings of the City Council and all subsidiary City legislative bodies, from November 16, 2021 through December 16, 2021, per AB 361 (2021); and
WHEREAS, on December 14, 2021, the City Council, by Resolution No. 2021-153, approved the continued use of teleconferencing for meetings of the City Council and all subsidiary City legislative bodies, from December 14, 2021 through January 13, 2022, per AB 361 (2021); and
WHEREAS, on January 11, 2022, the City Council, by Resolution No. 2022-03 approved the continued use of teleconferencing for meetings of the City Council and all subsidiary bodies from January 11, 2022 through February 10, 2022, per AB 361 (2021); and WHEREAS, on February 8, 2022, the City Council, by Resolution No. 2022-18 approved the continued use of teleconferencing for meetings of the City Council and all subsidiary bodies from February 8, 2022 through March 10, 2022, per AB 361 (2021), and WHEREAS, on March 8, 2022, the City Council by Resolution No. 2022-30 approved the continued use of teleconferencing for meetings of the City Council and all subsidiary bodies from March 8, 2022 through April 7, 2022, per AB 361 (2021), and WHEREAS, on March 22, 2022, the City Council by Resolution No. 2022-35 approved the continued use of teleconferencing for meetings of the City Council and all subsidiary bodies from March 22, 2022 through April 21, 2022, per AB 361 (2021).

WHEREAS, on April 12, 2022, the City Council by Resolution No. 2022-44 approved the continued use of teleconferencing for meetings of the City Council and all subsidiary bodies from April 12, 2022 through May 12, 2022, per AB 361 (2021); and WHEREAS, on May 10, 2022, the City Council by Resolution No. 2022-57 approved the continued use of teleconferencing for meetings of the City Council and all subsidiary bodies from May 10, 2022 through June 9, 2022, per AB 361 (2021).

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood, California, as follows:

1. That the recitals set forth above are true and correct, and incorporated into this resolution as findings of the City Council.

2. That it acknowledges that local officials, specifically, those of the Contra Costa County Health Services, continue to recommend measures to promote social distancing, as set out in the attached Exhibit 1.

3. That the State of California and the City of Brentwood continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), the California Department of Public Health C.11.c
Packet Pg. 1145 Attachment: AB 361 Resolution (2704 : AB 361 - Teleconferencing)

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(DPH), and/or the County of Contra Costa, as applicable, including the use of facial coverings when required and social distancing.

4. That, given the fact that state and local officials continue to impose or recommend measures to promote social distancing, the City Council and subsidiary legislative bodies of the City of Brentwood will continue to use teleconferencing for meetings from the period of May 24, 2022, through June 23, 2022, per AB 361 and Government Code § 54953, as amended thereby.

5. That if any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Resolution.

6. That it would have adopted this Resolution and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.

7. That this Resolution will become effective immediately upon adoption.

PASSED, APPROVED, and ADOPTED at a regular meeting of the Brentwood City Council held on this 24th day of May, 2022, by the following vote:

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Packet Pg. 1146 Attachment: AB 361 Resolution (2704 : AB 361 - Teleconferencing)

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EXHIBIT 1
“Recommendations for Safely Holding Public Meetings” issued on April 15, 2022, by Dr.

Sefanit Mekuria, Deputy Public Health Officer for Contra Costa County C.11.c
Packet Pg. 1147 Attachment: AB 361 Resolution (2704 : AB 361 - Teleconferencing) RESOLUTION NO. 2022-07-SA

A RESOLUTION OF THE GOVERNING BOARD OF THE

SUCCESSOR AGENCY OF THE CITY OF BRENTWOOD

REDEVELOPMENT AGENCY (SUCCESSOR AGENCY)

APPROVING THE CONTINUED USE OF TELECONFERENCING

FOR MEETINGS OF THE SUCCESSOR AGENCY GOVERNING
BOARD FROM MAY 24, 2022 THROUGH JUNE 23, 2022, PER
ASSEMBLY BILL 361 (2021)
WHEREAS, on March 4, 2020, the Governor of California proclaimed a State of Emergency to exist in California as a result of the threat of novel coronavirus disease, COVID19; and WHEREAS, on March 17, 2020, the City Council adopted Resolution 2020-36, confirming the Director of Emergency Services’ proclamation of the existence of a local emergency due to the spread of a severe acute respiratory illness caused by the novel coronavirus designated as COVID-19. Said Resolution remains in effect; and WHEREAS, also on March 17, 2020, the Governor of California executed Executive Order N-29-20, which suspended and modified specified provisions in the Ralph M. Brown Act (Government Code § 54950, et seq.) and authorized local legislative bodies to hold public meetings via teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and participate in the meeting of the local legislative body; and
WHEREAS, on June 11, 2021, the Governor of California executed Executive Order N08-21, which extended the provisions of Executive Order N-29-20 concerning teleconference accommodations for public meetings through September 30, 2021; and WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 (AB 361, Rivas) (Stats. 2021, ch. 165) (“AB 361”), which, among other actions, amended Government Code § 54953 by providing alternative teleconferencing requirements to conduct public meetings during a proclaimed state of emergency; and WHEREAS, on November 10, 2021, the Governor of California executed Executive Order N-21-21, which extended the timeframes set forth in Executive Order N-12-21 and N-17- 21 through March 31, 2022; and
WHEREAS, AB 361 imposes requirements to ensure that members of the public are able to attend and participate in public meetings conducted via teleconference, including:
 Notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, such as Zoom; and
 The legislative body shall take no further action on agenda items when there is a disruption that prevents the Successor Agency from broadcasting the meeting, or in the event of a disruption within the Successor Agency’s control that prevents members of the public from offering public comments, until public access is restored; and C.11.d
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 Prohibits the legislative body from requiring public comments to solely be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for members of the public to address the legislative body and offer comments in real time; and
WHEREAS, the Successor Agency has already implemented and is in full compliance with the requirements listed above when conducting public meetings via teleconference, which are now codified in Government Code § 54953(e)(2)(B-F); and WHEREAS, on April 15, 2022, Dr. Sefanit Mekuria, Deputy Public Health Officer for Contra Costa County, issued revised recommendations for safely holding public meetings, set forth in the attached Exhibit 1, including:
 strongly recommending teleconferencing meetings, as those meetings present the lowest risk of transmission of the virus that causes COVID-19; and  recommending that, if a local legislative body determines to hold in-person meetings, that the public be offered the opportunity to attend via a call-in option or an internetbased service option, when possible, to give those at higher risk of and/or higher concern about COVID-19 an alternative to participating in person; and  the development of and adherence to a written safety protocol requiring social distancing – i.e., six feet of separation between attendees – and face masking of all attendees, among other things; and
 and further recommended social distancing and face masking of all public meeting attendees; and
WHEREAS, on May 13, 2022, eleven county health officers, including Contra Costa County’s, issued a joint statement noting that “[t]he Bay Area now has California’s highest COVID infection rates. The current wave is fueled by highly contagious Omicron subvariants.

Bay Area counties are seeing increases in reported cases, levels of virus in sewer sheds, and hospitalizations;” and
WHEREAS, pursuant to Government Code § 54953(e)(1)(A), a local legislative body such as the Governing Board may hold a meeting using teleconferencing during a proclaimed state of emergency when, among other conditions, state or local officials have imposed or recommended measures to promote social distancing. After the first such meeting held after October 1, 2021, the Governing Board must thereafter make certain findings no later than 30 days after the first teleconferenced meeting is held pursuant to AB 361, and must also make said findings every 30 days thereafter, in order to continue to allow teleconference accessibility for conducting public meetings; and
WHEREAS, on October 12, 2021, the Governing Board of the Successor Agency, by Resolution No. 2021-04-SA, approved the continued use of teleconferencing for meetings of the Agency from October 12, 2021 through November 11, 2021, per AB 361 (2021); and C.11.d
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WHEREAS, on November 9, 2021, the Governing Board of the Successor Agency, by Resolution No. 2021-05-SA, approved the continued use of teleconferencing for meetings of the Successor Agency from November 9, 2021 through December 9, 2021, per AB 361 (2021); and WHEREAS, on November 16, 2021, the Governing Board of the Successor Agency, by Resolution No. 2021-06-SA, approved the continued use of teleconferencing for meetings of the Successor Agency from November 16, 2021 through December 16, 2021, per AB 361 (2021); and
WHEREAS, on December 14, 2021, the Governing Board of the Successor Agency, by Resolution No. 2021-07-SA, approved the continued use of teleconferencing for meetings of the Successor Agency from December 14, 2021 through January 13, 2022, per AB 361 (2021); and WHEREAS, on January 11, 2022, the Governing Board of the Successor Agency, by Resolution No. 2022-01-SA, approved the continued use of teleconferencing for meetings of the Agency from January 11, 2022 through February 10, 2022 per AB 361 (2021), and WHEREAS, on February 8, 2022, the Governing Board of the Successor Agency, by Resolution No. 2022-04-SA, approved the continued use of teleconferencing for meetings of the Agency from February 8, 2022 through March 8, 2022 per AB 361 (2021), and WHEREAS, on March 8, 2022, the Governing Board of the Successor Agency, by Resolution No. 2022-05-SA, approved the continued use of teleconferencing for meetings of the Agency from March 8, 2022 through April 7, 2022 per AB 361 (2021), and WHEREAS, on March 22, 2022, the Governing Board of the Successor Agency, by Resolution No. 2022-06-SA, approved the continued use of teleconferencing for meetings of the Agency from March 22, 2022 through April 21, 2022 per AB 361 (2021); and WHEREAS, on April 12, 2022, the Governing Board of the Successor Agency, by Resolution No. 2022-07-SA, approved the continued use of teleconferencing for meetings of the Agency from April 12, 2022 through May 12, 2022 per AB 361 (2021); and WHEREAS, on May 10, 2022, the Governing Board of the Successor Agency, by Resolution No. 2022-08-SA, approved the continued use of teleconferencing for meetings of the Agency from May 10, 2022 through June 9, 2022 per AB 361 (2021).

NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the Successor Agency of the City of Brentwood, California Redevelopment Agency, as follows:

1. That the recitals set forth above are true and correct, and incorporated into this resolution as findings of the Governing Board.

3. That the State of California and the Successor Agency continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), the California Department of Public Health C.11.d
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(DPH), and/or the County of Contra Costa, as applicable, including the use of facial coverings when required and social distancing.

4. That, given the fact that state and local officials continue to impose or recommend measures to promote social distancing, the Governing Board will continue to use teleconferencing for meetings from the period of May 24, 2022, through June 23, 2022, per AB 361 and Government Code § 54953, as amended thereby.

7. That this Resolution will become effective immediately upon adoption.

PASSED, APPROVED, and ADOPTED at a regular meeting of the Successor Agency Governing Board held on this 24th day of May, 2022, by the following vote:

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EXHIBIT 1
“Recommendations for Safely Holding Public Meetings” issued on April 15, 2022, by Dr.

Sefanit Mekuria, Deputy Public Health Officer for Contra Costa County C.11.d
Packet Pg. 1152 Attachment: AB 361 Resolution Successor Agency (2704 : AB 361 - Teleconferencing) RESOLUTION NO. BIFA

A RESOLUTION OF THE GOVERNING BOARD OF THE

BRENTWOOD INFRASTRUCTURE FINANCING AUTHORITY
(“AUTHORITY” OR “BIFA”) APPROVING THE CONTINUED

USE OF TELECONFERENCING FOR MEETINGS OF THE
AUTHORITY GOVERNING BOARD FROM MAY 24, 2022
THROUGH JUNE 23, 2022, PER ASSEMBLY BILL 361 (2021)
WHEREAS, on March 4, 2020, the Governor of California proclaimed a State of Emergency to exist in California as a result of the threat of novel coronavirus disease, COVID19; and WHEREAS, on March 17, 2020, the City Council adopted Resolution 2020-36, confirming the Director of Emergency Services’ proclamation of the existence of a local emergency due to the spread of a severe acute respiratory illness caused by the novel coronavirus designated as COVID-19. Said Resolution remains in effect; and WHEREAS, also on March 17, 2020, the Governor of California executed Executive Order N-29-20, which suspended and modified specified provisions in the Ralph M. Brown Act (Government Code § 54950, et seq.) and authorized local legislative bodies to hold public meetings via teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and participate in the meeting of the local legislative body; and
WHEREAS, on June 11, 2021, the Governor of California executed Executive Order N08-21, which extended the provisions of Executive Order N-29-20 concerning teleconference accommodations for public meetings through September 30, 2021; and WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 (AB 361, Rivas) (Stats. 2021, ch. 165) (“AB 361”), which, among other actions, amended Government Code § 54953 by providing alternative teleconferencing requirements to conduct public meetings during a proclaimed state of emergency; and WHEREAS, on November 10, 2021, the Governor of California executed Executive Order N-21-21, which extended the timeframes set forth in Executive Order N-12-21 and N-17- 21 through March 31, 2022; and
WHEREAS, AB 361 imposes requirements to ensure that members of the public are able to attend and participate in public meetings conducted via teleconference, including:
 Notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, such as Zoom; and
 The legislative body shall take no further action on agenda items when there is a disruption that prevents the Authority from broadcasting the meeting, or in the event of a disruption within the Authority’s control that prevents members of the public from offering public comments, until public access is restored; and
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 Prohibits the legislative body from requiring public comments to solely be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for members of the public to address the legislative body and offer comments in real time; and
WHEREAS, the Authority has already implemented and is in full compliance with the requirements listed above when conducting public meetings via teleconference, which are now codified in Government Code § 54953(e)(2)(B-F); and
WHEREAS, on Aril 15, 2022, Dr. Sefanit Mekuria, Deputy Public Health Officer for Contra Costa County, issued revised recommendations for safely holding public meetings, set forth in the attached Exhibit 1, including:
 strongly recommending teleconferencing meetings, as those meetings present the lowest risk of transmission of the virus that causes COVID-19; and  recommending that, if a local legislative body determines to hold in-person meetings, that the public be offered the opportunity to attend via a call-in option or an internetbased service option, when possible, to give those at higher risk of and/or higher concern about COVID-19 an alternative to participating in person; and  the development of and adherence to a written safety protocol requiring social distancing – i.e., six feet of separation between attendees – and face masking of all attendees, among other things; and
 and further recommended social distancing and face masking of all public meeting attendees; and
WHEREAS, on May 13, 2022, eleven county health officers, including Contra Costa County’s, issued a joint statement noting that “[t]he Bay Area now has California’s highest COVID infection rates. The current wave is fueled by highly contagious Omicron subvariants.

Bay Area counties are seeing increases in reported cases, levels of virus in sewer sheds, and hospitalizations;” and
WHEREAS, pursuant to Government Code § 54953(e)(1)(A), a local legislative body such as the Governing Board may hold a meeting using teleconferencing during a proclaimed state of emergency when, among other conditions, state or local officials have imposed or recommended measures to promote social distancing. After the first such meeting held after October 1, 2021, the Governing Board must thereafter make certain findings no later than 30 days after the first teleconferenced meeting is held pursuant to AB 361, and must also make said findings every 30 days thereafter, in order to continue to allow teleconference accessibility for conducting public meetings; and
WHEREAS, on October 12, 2021, the Governing Board of the Authority, by Resolution No. BIFA-32, approved the continued use of teleconferencing for meetings of the Authority from October 12, 2021 through November 11, 2021, per AB 361 (2021); and WHEREAS, on November 9, 2021, the Governing Board of the Authority, by Resolution No. BIFA-33, approved the continued use of teleconferencing for meetings of the Authority from November 9, 2021 through December 9, 2021, per AB 361 (2021); and C.11.e
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No. BIFA-34, approved the continued use of teleconferencing for meetings of the Authority from November 16, 2021 through December 16, 2021, per AB 361 (2021); and WHEREAS, on December 14, 2021, the Governing Board of the Authority, by Resolution No. BIFA-35, approved the continued use of teleconferencing for meetings of the Authority from December 14, 2021 through January 13, 2022, per AB 361 (2021); and WHEREAS, on January 11, 2022, the Governing Board of the Authority, by Resolution No. BIFA-36, approved the continued use of teleconferencing for meetings of the Authority from January 11, 2022, through February 10, 2022; and
WHEREAS, on February 8, 2022, the Governing Board of the Authority, by Resolution No. BIFA-37, approved the continued use of teleconferencing for meetings of the Authority from February 8, 2022, through March 10, 2022; and
WHEREAS, on March 8, 2022, the Governing Board of the Authority, by Resolution No.

BIFA-38, approved the continued use of teleconferencing for meetings of the Authority from March 8, 2022, through April 7, 2022; and
WHEREAS, on March 22, 2022, the Governing Board of the Authority, by Resolution No.

BIFA-39, approved the continued use of teleconferencing for meetings of the Authority from March 22, 2022, through April 21, 2022; and
WHEREAS, on April 12, 2022, the Governing Board of the Authority, by Resolution No.

BIFA-40, approved the continued use of teleconferencing for meetings of the Authority from April 12, 2022, through May 12, 2022; and
WHEREAS, on May 10, 2022, the Governing Board of the Authority, by Resolution No.

BIFA-41, approved the continued use of teleconferencing for meetings of the Authority from May 10, 2022, through June 9, 2022.

NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the Brentwood Infrastructure Financing Authority, as follows:

1. That the recitals set forth above are true and correct, and incorporated into this resolution as findings of the Governing Board.

3. That the State of California and the Authority continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), the California Department of Public Health (DPH), and/or the County of Contra Costa, as applicable, including the use of facial coverings when required and social distancing.

C.11.e
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Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Resolution.

7. That this Resolution will become effective immediately upon adoption.

PASSED, APPROVED, and ADOPTED at a regular meeting of the Authority Governing Board held on this 24th of May 2022, by the following vote:

C.11.e
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“Recommendations for Safely Holding Public Meetings” issued on April 15, 2022, by Dr.

Sefanit Mekuria, Deputy Public Health Officer for Contra Costa County C.11.e
Packet Pg. 1157 Attachment: AB 361 Resolution BIFA (2704 : AB 361 - Teleconferencing) CITY COUNCIL AGENDA ITEM NO. 12
Meeting Date: May 24, 2022
Subject/Title: A Resolution recognizing the completion of service by the 2021/22 Redistricting Commission
Prepared by: Margaret Wimberly, City Clerk
Damien Brower, City Attorney
Submitted by: Tim Ogden, City Manager
Damien Brower, City Attorney

PURPOSE AND RECOMMENDATION
Following receipt of updated population data from the 2020 Federal Census, cities in California with electoral districts are required to update (“redistrict”) their district boundaries. This process occurs every 10 years. The City Council authorized the creation of a hybrid redistricting commission (the “Commission”) to undertake the redistricting process, and the Commission selected two electoral district boundary maps for City Council consideration. The City Council selected Plan Navy, and adopted an ordinance, which completed the redistricting process and the service of the Commission.

Staff recommends that the City Council adopt a Resolution recognizing the completion of service by the 2021/22 Redistricting Commission.

CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.

PREVIOUS ACTION
On June 8, 2021, the City Council adopted Resolution 2021-60, approving the formation of a Hybrid Redistricting Commission with members selected by a single retired judge, and establishing commission size, membership composition, filling of vacant seats, appointment process, and applicant requirements.

On March 3, 2022, after taking public testimony the City Council adopted Resolution 2022-27, selecting, without amendment, Plan Navy Map, as the City’s Electoral District Boundary Map until the 2030 Federal Census.

On March 22, 2022, the City Council introduced and waived the first reading of Ordinance 1035 to amend provisions of Brentwood Municipal Code Chapter 2.10 to reflect the new electoral districts and council member representation.

On April 12, 2022, the City Council waived the second reading and adopted Ordinance 1035 to amend provisions of Brentwood Municipal Code Chapter 2.10 to reflect the new electoral districts and council member representation.

BACKGROUND
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Following the Commission’s creation, a public recruitment for members occurred, and five applicants and alternates were selected by an independent retired judge to serve on the Commission. The Commission members were as follows:

District 1: Jonathan Wilson
District 2: Michael Luker (Chair)
District 3: Jennifer Anderson
District 4: Sandra Myers (Vice Chair)
At Large: Shannon Roberts
On August 12, 2021, the U.S. Census Bureau released census data in a format that the Statewide Database at U.C. Berkeley used to provide the dataset required by state law for redistricting. This dataset was finalized on September 20, 2021, and showed the population of Brentwood increasing from 51,481 to 64,381 in the last decade.

On September 9, 2021, the Commissioners were administered the oath of office and commenced service.

From September 9, 2021, to February 10, 2022, the Commission met five times, holding four required public hearings to receive community input regarding the boundaries and the composition of electoral districts.

Throughout the public hearing process, the City engaged in extensive outreach efforts, including the use of social media, press releases, and utility bill inserts. In addition, flyers about the redistricting process were created and distributed at various community events and to local businesses.

On February 10, 2022, the Redistricting Commission held the fourth of the four required public hearings to receive input on the composition of one or more districts and communities of interest. Following the public hearing and Commission deliberation, the Commission adopted Resolution 2022-01-R, and selected the maps designated as Lime and Navy to be forwarded to the City Council for consideration.

On March 3, 2022, after taking public testimony the City Council adopted Resolution 2022-27 selecting, without amendment, Plan Navy Map, as the City’s Electoral District Boundary Map until the 2030 Federal Census.

A hybrid redistricting commission requires the City Council to transfer all but the last step of the redistricting process to a separate body. When the commission’s part of the process is complete, it submits two or more potential district boundary maps to the City Council and the Council must then select, without modifying, one of the submitted maps. With the adoption of Ordinance 1035 that had an effective date of May 12, 2022, the work of the Commission was completed.

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In accordance with California Elections Code § 23003, commission members, while serving, were unable to endorse, work for, volunteer for, or make a campaign contribution to, a candidate for city council. This Election Code section also provides an extensive list of post-service limitations, including the following:

1. Candidacy for elective City office. For 5 years from appointment to the commission (until September 9, 2026), a commission member is prohibited from being a candidate for an elective office of the City; and until new district boundaries are adopted, is prohibited from running for an office if that election will be conducted using boundaries adopted by the City pursuant to recommendations by the commission on which the member served.

2. City employment and bidding. For 4 years from appointment to the commission (until September 9, 2025), a commission member may not either:
a. Accept employment as a staff member of, or consultant to, an elected official or candidate for elective office of the City.
b. Receive a noncompetitively bid contract with the City.

3. Appointment to City office. For 2 years from appointment to the commission (until September 9, 2023), a commission member may not accept an appointment to an office or commission of the City.

FISCAL IMPACT
There is no fiscal impact associated with this action.

Attachments:

Resolution
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RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD RECOGNIZING THE COMPLETION OF SERVICE
BY THE 2021/22 REDISTRICTING COMMISSION
WHEREAS, on August 12, 2021, the U.S. Census Bureau released census data in a format that the Statewide Database at U.C. Berkeley used to provide the dataset required by state law for redistricting. This dataset was finalized on September 20, 2021, and showed the population of Brentwood increasing from 51,481 to 64,381 in the last decade; and WHEREAS, following the Commission’s creation, a public recruitment for members occurred, and five applicants and alternates were selected by an independent retired judge to serve on the Commission. The Commission members were as follows:
 District 1: Jonathan Wilson
 District 2: Michael Luker (Chair)
 District 3: Jennifer Anderson
 District 4: Sandra Myers (Vice Chair)
 At Large: Shannon Roberts
WHEREAS, on September 9, 2021, the Commissioners were administered the oath of office and commenced service; and
WHEREAS, from September 9, 2021 to February 10, 2022, the Commission met five times, holding four required public hearings to receive community input regarding the boundaries and the composition of electoral districts; and
WHEREAS, on February 10, 2022, the Redistricting Commission held the fourth of the four required public hearings to receive input on the composition of one or more districts and communities of interest. Following the public hearing and Commission deliberation, the Commission adopted Resolution 2022-01-R, and selected the maps designated as Lime and Navy to be forwarded to the City Council for consideration; and WHEREAS, on March 3, 2022, after taking public testimony the City Council adopted Resolution 2022-27 selecting, without amendment, Plan Navy Map, as the City’s Electoral District Boundary Map until the 2030 Federal Census; and
WHEREAS, on March 22, 2022, the City Council introduced and waived the first reading of Ordinance 1035 to amend provisions of Brentwood Municipal Code Chapter 2.10 to reflect the new electoral districts and council member representation; and WHEREAS, on April 12, 2022, the City Council waived the second reading of and adopted Ordinance 1035 to amend provisions of Brentwood Municipal Code Chapter 2.10 to reflect the new electoral districts and council member representation; and WHEREAS, a hybrid redistricting commission requires the City Council to transfer all but the last step of the redistricting process to a separate body. When the commission’s part of the process is complete, it submits two or more potential district boundary maps to the City Council and the Council must then select, without modifying, one of the submitted maps. With the C.12.a
Packet Pg. 1161 Attachment: Resolution [Revision 1] (2707 : Completion of service by the 2021/22 Redistricting Commission) adoption of Ordinance 1035 that had an effective date of May 12, 2022, the work of the Commission is complete; and
WHEREAS, in accordance with California Elections Code § 23003, commission members, while serving, were unable to endorse, work for, volunteer for, or make a campaign contribution to, a candidate for city council. This Election Code section also provides an extensive list of postservice limitations, including the following:

3. Appointment to City office. For 2 years from appointment to the commission (until September 9, 2023), a commission member may not accept an appointment to an office or commission of the City.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby recognize the completion of service by the 2021/22 Redistricting Commission and thanks that body for its work.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 24th day of May 2022 by the following vote:

C.12.a
Packet Pg. 1162 Attachment: Resolution [Revision 1] (2707 : Completion of service by the 2021/22 Redistricting Commission) CITY COUNCIL AGENDA ITEM NO. 13
Meeting Date: May 24, 2022
Subject/Title: A Resolution approving the contract documents, awarding the bid and authorizing the City Manager or designee to execute a construction contract and necessary documents for the Pavement Management Program 2022 (Grind & Overlay), CIP Project No. 336-31699, with McGuire and Hester as the lowest responsible and responsive bidder, in the amount of $1,253,201.00, plus a 20% contingency of $250,640.20, for a total possible not-to-exceed contract amount of $1,503,841.20.

Prepared by: Renee Payette, Project Services Specialist Aman Grewal, Associate Engineer
Submitted by: Miki Tsubota, Director of Public Works/City Engineer

PURPOSE AND RECOMMENDATION
This action allows the City to work with a contractor to repair sections of Sand Creek Road, restripe the bike lane on the south side of Balfour Road between State Route 4 and Eagle Rock Way to extend the right turn lane, and adjust the height of sewer manholes at various locations throughout the City. Doing this work will extend the life of the streets and prevent costly repairs.

It is recommended that the Council adopt a Resolution approving the contract documents, awarding the bid and authorizing the City Manager or designee to execute a construction contract and necessary documents for the Pavement Management Program 2022 (Grind & Overlay), CIP Project No. 336-31699 (“Project”), with McGuire and Hester as the lowest responsible and responsive bidder, in the amount of $1,253,201.00, plus a 20% contingency of $250,640.20, for a total possible not-to-exceed contract amount of $1,503,841.20.

CITY COUNCIL STRATEGIC INITIATIVES
Not applicable.

PREVIOUS ACTION
On May 25, 2021, by Resolution No. 2021-59, City Council adopted the City’s 2021/22 – 2025/26 Capital Improvement Program (“CIP”), which included the Project.

BACKGROUND
Under City Council’s direction, staff established the Pavement Management Program (“PMP”) to perform preventative maintenance for streets. The PMP extends the life of streets and prevents costly repairs. City of Brentwood (“City”) streets have ranked as one of the top in the cities and counties of the greater San Francisco Bay Area.

This year’s grind and overlay project will repair sections of Sand Creek Road, restripe the bike lane on the south side of Balfour Road between State Route 4 and Eagle Rock Way to extend the right turn lane, and adjust the height of sewer manholes at various locations throughout the City. This work also includes traffic control, and removing and replacing traffic striping, legends and markers.

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The Project was advertised on April 1, 2022, and bids opened on April 26, 2022. A total of five bids were received and are listed below:

Plan Holder Base Bid Amount
QA Constructors Inc. $1,185,867.44
McGuire and Hester $1,253,201.00
Bay Cities Paving & Grading, Inc. $1,273,147.40
J.V. Lucas Paving, Inc. $1,342,616.47
Consolidated Engineering Inc. $ 1,374,819.10
A bid protest was received and reviewed by staff. The apparent low bidder did not correctly complete its bid submission documents in compliance with the Notice Inviting Bids and the Instructions to Bidders, which requires its bid be deemed nonresponsive.

Staff reviewed the remaining bids received, and is recommending the award of the construction contract for the Pavement Management Program 2022 (Grind & Overlay) to McGuire and Hester for submitting the lowest responsible and responsive bid.

FISCAL IMPACT
The bid amount is $1,253,201.00, plus a 20% contingency of $250,640.20, for a total not-toexceed amount of $1,503,841.20. The funds associated with the Project are included in the adopted 2021/22– 2025/26 Capital Improvement Program. This Project is funded by the Road Maintenance and Rehabilitation Account Fund and the General Fund.

Attachments:

Resolution
Contract
CIP Budget Sheet
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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD

APPROVING THE CONTRACT DOCUMENTS, AWARDING THE BID AND

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A

CONSTRUCTION CONTRACT AND NECESSARY DOCUMENTS FOR THE
PAVEMENT MANAGEMENT PROGRAM 2022 (GRIND & OVERLAY), CIP PROJECT NO. 336-31699, WITH MCGUIRE AND HESTER, AS THE LOWEST

RESPONSIBLE AND RESPONSIVE BIDDER, IN THE AMOUNT OF
$1,253,201.00, AND APPROVE A 20% CONTINGENCY AMOUNT OF
$250,640.20, FOR A TOTAL POSSIBLE NOT-TO-EXCEED CONTRACT AMOUNT OF $1,503,841.20.

WHEREAS, On May 25, 2021, by Resolution No. 2021-59, City Council adopted the City’s 2021/22 – 2025/26 Capital Improvement Program (“CIP”), which included the Pavement Management Program 2022 (Grind & Overlay), CIP Project No. 336-31699 (“Project”); and WHEREAS, under City Council’s direction, staff established the Pavement Management Program (“PMP”) to perform preventative maintenance for streets, which extends the life of streets and prevents costly repairs; and
WHEREAS, this year’s grind and overlay project will repair sections of Sand Creek Road, restripe the bike lane on the south side of Balfour Road between State Route 4 and Eagle Rock Way to extend the right turn lane, and adjust the height of sewer manholes at various locations throughout the City; and
WHEREAS, the Project was advertised on April 1, 2022, and bids were opened on April 26, 2022, with a total of five bids received; and
WHEREAS, the apparent low bidder did not correctly complete its bid submission documents in compliance with the Notice Inviting Bids and the Instructions to Bidders, which requires its bid be deemed nonresponsive; and
WHEREAS, staff recommends the award of the construction contract for the Pavement Management Program 2022 (Grind & Overlay) to McGuire and Hester for submitting the lowest responsible and responsive bid.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve the contract documents, award the bid and authorize the City Manager or designee to execute a construction contract and necessary documents for the Pavement Management Program 2022 (Grind & Overlay), CIP Project No. 336-31699, with McGuire and Hester as the lowest responsible and responsive bidder, in the amount of $1,253,201.00, and approve, a 20% contingency of $250,640.20, for a total possible not-to-exceed contract amount of $1,503,841.20.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 24th day of May 2022 by the following vote:

C.13.a
Packet Pg. 1165 Attachment: Resolution [Revision 1] (2694 : Award Contract for PMP 2022 (Grind & Overlay)) Contract
PAVEMENT MANAGEMENT PROGRAM 2022 (GRIND & OVERLAY)
CIP PROJECT NO. 336-31699
This public works contract (“Contract”) is entered into by and between the City of Brentwood (“City”) and McGuire and Hester (“Contractor”), for work on the Pavement Management Program 2022 (Grind & Overlay), CIP Project No. 336-31699 (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On May 24, 2022, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below.

2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Plans and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Potential Award;

2.12 Notice to Proceed; and

2.13 The following: No other documents

3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $1,253,201.00 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 40 working days from the commencement date given in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $1,000 per day for each day of unexcused delay in C.13.b
Packet Pg. 1166 Attachment: Contract (2694 : Award Contract for PMP 2022 (Grind & Overlay)) achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

7. Labor Code Compliance.

7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.

7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.

7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.

8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.

10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.

11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:

City:

Engineering Division
City of Brentwood
150 City Park Way
Brentwood, CA 94513
925-516-5420
Attn: Aman Grewal, Associate Engineer
[email protected]
C.13.b
Packet Pg. 1167 Attachment: Contract (2694 : Award Contract for PMP 2022 (Grind & Overlay)) Contractor:

Name: McGuire and Hester
Address: 2810 Harbor Bay Parkway
City/State/Zip: Alameda, CA 94502
Phone: 510-632-7676
Attn: Shawna Olgin
Email: [email protected]

12. General Provisions.

12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.

12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.

12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Contra Costa County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Contra Costa County, California.

12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.

12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.

12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.

12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code § 313. [Signatures are on the following page.]
C.13.b
Packet Pg. 1168 Attachment: Contract (2694 : Award Contract for PMP 2022 (Grind & Overlay)) The parties agree to this Contract as witnessed by the signatures below:

CITY: Approved as to form:
s/_______________________________ s/__________________________________ Tim Y. Ogden, City Manager Damien Brower, City Attorney Date: ___________________________ Date: ______________________________ Attest:
s/_______________________________
Margaret Wimberly MMC, City Clerk
Date: ___________________________
CONTRACTOR: ___________________________________________________ Business Name
s/_______________________________ Seal:
_________________________________
Name, Title
Date: ____________________________
Second Signature (See Section 12.8):
s/_______________________________
_________________________________
Name, Title
Date: ____________________________
___________________________________________________
Contractor’s California License Number(s) and Expiration Date(s)

END OF CONTRACT
C.13.b
Packet Pg. 1169 Attachment: Contract (2694 : Award Contract for PMP 2022 (Grind & Overlay)) E
City of Brentwood 2021/22 – 2025/26 Capital Improvement Program Project Title: * MULTI-YEAR * Project #:

Pavement Management Program - 2022
Description/Justification:

This project will consist of pavement condition surveying of roadways every two years and then reconstructing, overlaying, surface sealing and crack sealing various roads each year as needed. The City's pavement management software selects those streets on which it is the most cost effective to perform preventative maintenance with field verification by staff. Constructing roadways is a significant investment for the City. Preventative maintenance is the best means for keeping this large investment in good, operable condition and avoids costly reconstruction.

Supplemental Information:

Staff actively pursues State and Federal funding for roadway improvements, when possible. Roads identified may require the following treatments: grind and asphalt overlay, cape sealing, slurry sealing, crack sealing and concrete curb and gutter repairs.

PROJECT EXPENDITURES Prior 2021/22 2022/23 2023/24 2024/25 2025/26 TOTAL 90040 Planning and Design 50,000 $ 50,000
90050 Construction 1,847,739 100,000 $ 1,947,739
90070 Project Administration 40,000 10,000 $ 50,000
TOTAL $ 1,937,739 $ 110,000 $ 2,047,739
PROJECT FUNDING Prior 2021/22 2022/23 2023/24 2024/25 2025/26 TOTAL 47100 General Fund 740,500 $ 740,500
47209 RMRA 1,307,239 $ 1,307,239
TOTAL $ 2,047,739 $ 2,047,739

PROJECT FINANCING CURRENT PROPOSED
Project Category: Roadway Improvements
Location: Citywide
Project Manager: A. Grewal
Project Priority: 1E - Mandatory
Project Phase: Preliminary
Est. Completion Date: 2022/23
Future Annual
O & M Impact: $0
Public Art
Requirement: Exempt
Resolution #2021-76
Meeting 6/22/2021
Item #D.3.
336-31699
C.13.c
Packet Pg. 1170 Attachment: CIP Budget Sheet (2694 : Award Contract for PMP 2022 (Grind & Overlay)) CITY COUNCIL AGENDA ITEM NO. 1
Meeting Date: May 24, 2022
Subject/Title: Call for Review of the Planning Commission's decision to approve a Conditional Use Permit amendment (CUP 08-31-A4) and Design Review (DR 21-009) application for the operation of Vineyard Academy Christian School, and the construction of a 3,260 square foot modular building for additional classrooms at The Rock Church, located at 1770 Adams Lane (APNs 016- 040-009, 016-040-010, and 016-040-011).

Prepared by: Crystal De Castro, Senior Planner
Submitted by: Alexis Morris, Director of Community Development

PURPOSE AND RECOMMENDATION
The Planning Commission considered a Conditional Use Permit amendment and Design Review request for the operation of Vineyard Academy Christian School, and the construction of a 3,260 square foot modular building for additional classrooms at The Rock Church. The Planning Commission approved the environmental determination, the Conditional Use Permit, and the Design Review 3-0, with two absent commissioners.

The following outlines the options for Council when considering the call for review for Vineyard Academy Christian School:

1. If the call for review results in a project approval, the existing entitlements would remain in place, as they were originally approved by the Planning Commission on April 19, 2022. The Council would formally approve the project by adopting the Council resolutions as attached.

2. If the call for review results in a project approval with additional or revised conditions of approval imposed by the Council, the Council would formally approve by adopting the Council resolutions per the revisions or additions to the conditions of approval.

3. If the call for review results in a project denial, the Council would provide findings for the denial and the item would return to the Council to formally deny the project.

BACKGROUND
On April 19, 2022, the Planning Commission held a public hearing to consider a Conditional Use Permit amendment (CUP 08-031-A4) and Design Review (DR 21-009) request for the operation of Vineyard Academy Christian School, and the construction of a 3,260 square foot modular building for additional classrooms at The Rock Church, located at 1770 Adams Lane.

After presentation of the staff report and the applicant’s presentation, the Planning Commission opened the public hearing and took testimony from eight members of the public. Five members of the public were proponents of the project espousing the positive influence and dedication of the teachers, the academic rigor for their students, and how beneficial the school has been for their families. Three members of the public were opponents of the project expressing concerns D.1
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about the proposed school location, possible traffic impacts, and the design of the modular building.

After the Planning Commission’s deliberation, a motion was made to adopt Resolution No. 22- 002, finding the project consistent with the Mitigated Negative Declaration previously prepared to study the project (as initially approved) under CEQA and to approve the requested Conditional Use Permit amendment. This motion received a second and passed by a 3-0 vote, with two Commissioners absent. A second motion was then made to adopt Resolution No. 22- 003 to approve the requested Design Review. That motion likewise passed 3-0. These actions started the 10-day appeal period.

Later in the evening of April 19, 2022, Councilmember Mendoza filed a timely Call for Review of the Planning Commission’s decision to approve the conditional use permit amendment and design review. Per BMC Section 17.880.030, a call for review is generally required to be heard before the appellate body within 45 days of the call being filed.

SUMMARY
The April 19, 2022, Planning Commission staff report and attachments, the meeting minutes, and a public comment received via email prior to the publication of the Planning Commission packet, are attached for the City Council’s review and reference. Additionally, previous Planning Commission reports and approved resolutions are also attached. In summary the concerns expressed during the April 19, 2022 public hearing were in regards to the following:

Zoning and the Housing Element
Concerns were expressed regarding the residential zoning and if a school use would be allowed. Additionally, an inquiry was made whether the City would need to increase the density elsewhere to meet State imposed requirements for housing production numbers due to the school use.
 The R-1-E zoning district allows parochial and private schools as conditionally permitted uses incorporating by reference the conditionally allowed uses in the Ranchette Estate (RE) zone (BMC Section 17.110.003). The site was previously entitled to allow for a church and preschool use in 2009 and 2013, respectively.  A goal of SB 330 is to protect the City’s existing housing development potential. In this regard, SB 330 prohibits changing the (1) general plan land use designation, (2) specific plan land use designation, or (3) zoning of a parcel to a less intensive use (for housing purposes) than existed in 2018. There is no request to make any such change to this parcel, and this prohibition thus does not affect this application.  Moreover, the Project Site was not relied on to account for any of the City’s future Regional Housing Needs Assessment (RHNA) capacity and, therefore, is not subject to “No Net Loss” provisions as described under SB 166. Therefore, the City would not be required to increase the density on residential lots anywhere else in the City if this project is approved.

Traffic and Circulation
There were concerns regarding the proximity of the school to Marsh Creek elementary school, located across the street and the proposed housing development, Orchard Grove, located south of the subject site.

D.1
Packet Pg. 1172
 The City recently analyzed two separate development proposals along Adams Lane.

The first is the Orchard Grove residential project (VTSM 9535 and DR20-002) and the other the Vineyards Academy Christian School with 160 students. (The Orchard Grove project was recommended for approval by the Planning Commission on May 3, 2022, and is tentatively scheduled to be considered by the City Council June 28, 2022.) When analyzing the Vineyards Academy, City staff identified a possible concern with the proximity of Marsh Creek Elementary school. This analysis included comparing start and finish times for the two schools. Vineyard Academy agreed to stagger their times so as to not conflict with the drop off and pick up times of Marsh Creek Elementary and also implemented a circulation plan in which a school staff member directs traffic during these times. City staff visited the site on various occasions during peak hours in 2021, and since these measures were implemented, has found that the staggered school hours and circulation plan has avoided traffic conflicts during drop-off and pick-up times and vehicle queuing onto Adams Lane. With the proposed Orchard Grove development, the City worked with the applicant to address traffic and pedestrian safety concerns.

The Planning Commission conditions of approval for Orchard Grove require the developer to install a crosswalk equipped with pedestrian activated flashing beacons to allow for safe access to the west side of Adams Lane and to the Marsh Creek elementary school as well as Blue Goose Park. Ultimately a sidewalk would be constructed as vacant parcels develop. A memo, entitled ‘Adams Lane Developments” summarizing the circulation analysis done for both projects was prepared by the City’s Transportation Department and is attached to this report.  The CEQA consistency analysis, prepared by DeNovo Planning consultants, found that the prosed project would not result in any new or more severe transportation related impacts than the originally proposed project. The original project approved in 2009 included an Initial Study/Mitigated Negative Declaration (IS/MND) (as found an attachment to the April 19, 2022 Planning Commission packet) for a church/multifunctional building that was originally planned to be and analyzed at 20,687 square feet. Plans for that building were later reduced in size to 11,237 square feet and was constructed in 2016. The new modular building would add 3,260 square feet of building area, approximately thirty percent of the existing church building. The existing church building and the addition of the portable classrooms would result in a building area of 14,587 square feet, which is less than the size of the original proposal, which was the subject of the IS/MND adopted in 2009. Therefore, the previously-approved mitigated negative declaration remains valid and, pursuant to CEQA Guidelines Section 15162, which identifies the requirements for which subsequent analysis, no further environmental review is required. All mitigation measures not addressed by the standard conditions of approval have been included as recommended project conditions of approval.

Aesthetic
Concerns were raised related to the design of the modular building and its compatibility with the surrounding area.
 The proposed modular building is an acceptable design consistent with the City’s Commercial and Industrial Design Guidelines. The building includes complementary tan colors and includes landscaping and trellises to match the existing church building.

Additionally, the modular building would be located more than 400 feet from the Adams Lane frontage and approximately 28 feet from Grant Avenue. It would be screened with D.1
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a six foot tall good neighbor fence and trees along the perimeter of the fence to help soften views from Grant Street as well as the properties along the eastern and southern boundaries.

Compliance with Conditions of Approval
Questions have been raised regarding the steps available to the City in the event the project is approved and the applicant fails to comply with any conditions of approval. As with any project, staff would attempt to resolve the issue with the applicant through direct communication, involving Community Enrichment (code enforcement) if necessary. If such efforts were unsuccessful at securing compliance, the conditional use permit could be brought back to a public hearing to contemplate modification or, if needed, revocation, depending on the nature of the noncompliance and the associated impacts.

According to the Municipal Code, a call for review results in a ‘de novo’ or new hearing. The City Council, sitting as the appellate body, is thus required to make specific findings supporting its decision, be it upholding the lower body’s decision, modifying it, or reversing it. The following outlines the options for Council when considering the call for review for Vineyard Academy Christian School:
1) If the call for review results in a project approval, the existing entitlements would remain in place, as they were originally approved by the Planning Commission on April 19, 2022. The Council would formally approve the project by adopting the Council resolutions as attached.
2) If the call for review results in a project approval with additional or revised conditions of approval imposed by the Council, the Council would formally approve by adopting the Council resolutions per the revisions or additions to the conditions of approval. 3) If the call for review results in a project denial, the Council would provide findings for the denial and the item would return to the Council to formally deny the project.

PUBLIC NOTICE
The City of Brentwood published a public hearing notice in the Brentwood Press and mailed it to all property owners within 300 feet of the site on May 13, 2022. The applicant also posted the project site with the required signage and the sign is still in place. Staff has received ten comments from the public prior to the publication of the City Council May 24, 2022 packet, which are attached to this report.

FISCAL IMPACT
The project proponent, Vineyard Academy Christian School, paid a total of $27,743.34 for application fees for this project. There are no associated fees for a Call for Review.

Attachments:

Attachment 1- Conditional Use Permit Resolution
Attachment 2- Conditional Use Permit Resolution Exhibit B Vineyard School CEQA Consistency Analysis
Attachment 3- Design Review Resolution
Attachment 4- Call for Review, received April 19, 2022
Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments
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Attachment 6- Comment received via email for the April 19, 2022 Planning Commission meeting, received April 18, 2022
Attachment 7- Planning Commission Minutes April 19, 2022 Attachment 8- Public comments received as of May 18, 2022 Attachment 9- City of Brentwood Traffic Analysis for the Adams Lane Developments Attachment 10- Application fees paid by the applicant
Attachment 11- December 2, 2003 Planing Commission Report and Resolution Attachment 12- June 16, 2009 Planning Commission Report and Resolutions Attachment 13- July 20, 2010 Planning Commission Report and Resolution Attachment 14- November 5, 2013 Planning Commission Report and Resolutions Attachment 15- December 16, 2014 Planning Commission Report and Resolution Attachment 16- Zoning Administrator Resolution 19-001 for MS 351-19 Attachment 17- Legal correspondence from Mike Curtis (applicant), dated April 27, 2022 D.1
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Page 1 of 9 ends

CITY COUNCIL RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 08-31 (CUP 08- 31-A4) TO AUTHORIZE THE OPERATION OF VINEYARD ACADEMY CHRISTIAN SCHOOL LOCATED AT 1770 ADAMS LANE WITHIN THE ROCK OF BRENTWOOD CHURCH (APNs 016-040-009, 016-040-010, and 016-040-011).

WHEREAS, on July 29, 2021 Mike Curtis, Principal of Vineyard Academy Christian School (the “Permittee”), submitted an application to the City of Brentwood requesting approval of an amendment to Conditional Use Permit No. 08-31 (CUP 08-31-A4) to allow the operation of a private K-8 school within an existing 11,237 square foot building and a new 3,260 square foot modular building located at 1770 Adams Lane (APNs 016-040-009, 016-040-010, and 016-040- 011) (the “Project Site”); and
WHEREAS, concurrently with Permittee’s submittal of a request for an amendment to Conditional Use Permit No. 08-31-A3, Permittee likewise submitted a request for a Design Review (DR 21-009) for a modular building for six classrooms; and WHEREAS, collectively, CUP 08-31-A4 and DR 21-009 constitute the “Project;” and WHEREAS, the Project Site is currently developed with an earlier-approved project.

Page 2 of 9 ends

WHEREAS, following the Permittee’s July 29, 2021 submission of an application seeking approval of an amendment to Conditional Use Permit No. 08-31 (CUP 08-31-A4) to allow the operation of a private K-8 school within an existing 11,237 square foot building and a new 3,260 square foot modular building at the Project Site (Design Review (DR 21-009)), the Planning Commission considered the Project at a duly-noticed public hearing on April 19, 2022, and considered the staff report, all accompanying information, and testimony received from the Permittee and other interested parties; and
WHEREAS, the Planning Commission approved an amendment to Conditional Use Permit No. 08-31 (CUP 08-31-A4) for the Vineyard Academy Christian School project on April 19, 2022, by adoption of Planning Commission Resolution No. 22-002, and Design Review (DR 21- 009) by adoption of Planning Commission Resolution No. 22-003; and WHEREAS, on April 19, 2022, City Council member Jovita Mendoza timely filed a Call for Review of the Planning Commission’s action approving Conditional Use Permit No. 08-31 (CUP 08-31-A4) and Design Review (DR 21-009) for the Vineyard Academy Christian School; and
WHEREAS, the Project Site is located within the Semi-Public Facility (SPF) land use designation; wherein the SPF designation applies to land areas reserved for privately owned uses that serve the community such as religious assembly facilities and private schools such as Vineyard Academy Christian School, as established in 2014 Brentwood General Plan; and WHEREAS, the Project Site is located within the Single Family Residential Estate (R-1- E) zoning district; wherein private schools such as Vineyard Academy Christian School are conditionally permitted, per Brentwood Municipal Code Section 17.7.110.003(C); and WHEREAS, the Planning Commission of the City of Brentwood adopted a Mitigated Negative Declaration (“MND”) for the original project approval in 2009 in accordance with the requirements of the California Environmental Quality Act (CEQA). As further set forth below, the Project is consistent with the previously certified MND, with no new significant impacts and requires no further environmental review; and
WHEREAS, Brentwood Municipal Code section 17.80.030 provides that call for review will be heard within 45 days of the City’s receipt of a call for review; and WHEREAS, the City of Brentwood published a public hearing notice in the Brentwood Press and mailed it to all property owners within 300 feet of the site on May 13, 2022, and the Permittee also posted the Project Site with the required signage in accordance with City policies and Government Code Section 65090; and
WHEREAS, the City Council considered this conditional use permit amendment application at its regular meeting of May 24, 2022, and considered the staff report, all accompanying information, and testimony received from the Permittee and other interested parties.

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

A. As set forth in the accompanying memorandum prepared by DeNovo Planning (Exhibit B), the City Council hereby finds that the requested amendment to D.1.a
Packet Pg. 1177 Attachment: Attachment 1- Conditional Use Permit Resolution (2691 : Vineyard Academy Christian School- Call for Review)

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Conditional Use Permit No. 08-31 (CUP 08-31-A4) involves no (1) substantial changes in the Project which will require major revisions of the previous MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken which will require major revisions of the previous MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous MND was adopted, that shows that (A) the Project will have one or more significant effects not discussed in the previous MND; (B) significant effects previously examined will be substantially more severe than shown in the previous MND; (C) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the Project proponents decline to adopt the mitigation measure or alternative; or (D) mitigation measures or alternatives which are considerably different from those analyzed in the previous MND would substantially reduce one or more significant effects on the environment, but the Project proponents decline to adopt the mitigation measure or alternative. Therefore, per 14 CCR § 15162, no additional environmental review is necessary for the requested amendment to Conditional Use Permit No. 08-31 at this time.

B. With respect to the conditional use permit findings pursuant to Brentwood Municipal Code Section 17.830.005:
a. The location, size, design and operating characteristics of the proposed development must be compatible with and must not adversely affect the livability of appropriate development of abutting properties and the surrounding neighborhood. Consideration shall be given, but shall not be limited to:

1. The harmony in scale, bulk, coverage, and density.

One of the primary concerns in reviewing a conditional use permit application is the effect of the proposed use on surrounding properties, such as compatibility with the scale, bulk, coverage and density of both existing and proposed land uses on surrounding lots. The Project is situated in a manner that is sensitive to nearby developments in that the new modular building is positioned adjacent to the existing development on-site, and the 3,260 square foot building is in keeping with the scale of the buildings on adjacent sites and is appropriate to the overall size and layout of the site.

The14 foot height of the building is in keeping with the overall height of nearby residential homes and the adjacent church building.

Landscaping improvements are included which will enhance the site.

D.1.a
Packet Pg. 1178 Attachment: Attachment 1- Conditional Use Permit Resolution (2691 : Vineyard Academy Christian School- Call for Review)

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The Project Site is zoned Single-Family Residential Estate (R-1-E), which allows for the development of larger-lot single-family residential uses (BMC Section 17.120). The R-1-E zoning district specifically lists parochial and private schools as conditionally permitted uses by reference to the conditionally permitted uses included in the Ranchette Estate (RE) zone (BMC Section

17.110.003).

The proposed use is a K-8 private school that will be
complementary to the other uses in the surrounding area. The design of the modular building conforms to the R-1-E development standards as provided in the following table:

2. The availability of public facilities and utilities.

The Project Site is served by the appropriate public facilities and utilities, including water, sewer, garbage, and electricity needed to serve the proposed use.

3. The harmful effect, if any, upon desirable neighborhood character or the planned specialization of retail, commercial, or community service areas.

The school will operate within the existing church building, as well as within a new modular building on the eastern half of the project site, which is currently undeveloped. There would be no harmful effect upon the desirable neighborhood character in that the enrollment capacity will continue to be 160, traffic circulation and flow are subject to conditions herein, including the use of a school traffic director to ensure that traffic on Adams Lane is not impacted, and the proposed modular building is compatible and
complementary to the surrounding area and conforms to the City’s Commercial and Industrial Design Guidelines, as conditioned.

4. Generation of traffic and the capacity of surrounding streets.

The private school includes staggering drop-off and pick-up hours, as well as a circulation plan to avoid traffic conflicts with Marsh Creek Elementary School and vehicle queuing onto Adams Lane.

A condition of approval requires the school to continue to stagger its hours of operation with Marsh Creek Elementary School, as well D.1.a
Packet Pg. 1179 Attachment: Attachment 1- Conditional Use Permit Resolution (2691 : Vineyard Academy Christian School- Call for Review)

Page 5 of 9 ends

as maintain staff members to direct on-site traffic within the school’s parking lot during school pick-up and drop-off times. If a concern arises regarding parking or circulation, a condition of approval provides for review of the permit by the Community Development Department, or if needed, return to the Planning Commission for additional conditions or even revocation of the permit.

5. Any other relevant impact of the development.

The project has limited potential to create new sources of light, glare, and noise within the community. Conditions of approval require restrictions on the hours of operation for the school so as to limit potential noise-generating hours associated with the use. Most activities during these hours are associated with indoor activities, and outdoor activities will be closely monitored by staff members.

Any new light fixtures are conditioned to be of a cut-off design to avoid spillover onto adjacent sites or upward into the sky. b. The location, design, landscaping and screening, and overall site planning of the proposed development will provide an attractive, useful and convenient living, working, shopping or community-service area.

The Project will occupy a new structure constructed on the Project Site that will be improved with required landscape and screening materials, and overall site planning. The project landscaping will be attractive, in its inclusion of grape vines climbing trellis work. The 22 African Sumac trees along the project site’s perimeter will likewise add to the beauty of the area, in that they will provide both privacy and shade as the screen the project from nearby properties.

C. Hereby approves the amendment to Conditional Use Permit No. 08-31 (CUP 08- 31-A4), 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.

CUP 08-31-A3 remains in full force and effect except to the extent expressly superseded by this Resolution and/or any condition of approval approved herein.

This permit shall terminate on May 24, 2023, unless actual construction or alteration under valid permits, or actual commencement of the authorized activities begins prior to that date.

However, such period of time may be extended by the Planning Commission upon the filing of an extension request at any time before said period expires.

ADOPTED by the City of Council of the City of Brentwood at its regular meeting on May 24, 2022, by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

APPROVED:

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Joel R. Bryant
Mayor
ATTEST:

Margaret Wimberly, MMC
City Clerk
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EXHIBIT "A" TO
CITY COUNCIL RESOLUTION NO.

CONDITIONS OF APPROVAL FOR VINEYARD ACADEMY CHRISTIAN SCHOOL CONDITIONAL USE PERMIT NO. 08-31-A4

1. Each and every condition of approval set forth in CUP 08-31-A3 shall continue to apply in full force and effect and shall be supplemented by the following, unless expressly superseded herein.

2. The Permittee and owner, including all successors in interest (collectively, “Permittee”) shall comply with each and every condition set forth in the Permit. Conditional Use Permit No. 08-31-A4 (the “Permit”) shall have no force or effect and no building permit shall be issued unless and until all things required by the below-enumerated precedent conditions have been performed.

3. The use shall be operated in substantial conformance with the project plans drawn by Stirling Architects Incorporated, dated received “December 16, 2021” and project description submitted by the Permittee dated received “January 19, 2022” unless otherwise amended by the Planning Commission or the conditions of approval contained herein. Minor changes to plans and operation may be allowed subject to the approval of the Community Development Director if found to be in substantial conformance with the approved exhibits.

4. The Permittee shall submit an application for any future signage proposed for the Project, which shall require approval of an administrative sign permit by the Community Development Department or a master sign program approved by the Planning Commission and shall be in accordance with the City’s Municipal Code.

5. 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.

6. The school operational hours shall be limited to 8:30 a.m. to 2:30 p.m. Monday through Friday, generally from mid-August to late May, subject to minor deviations in the instructional calendar.

7. The Permittee shall avoid simultaneous school drop off and pick up times with the hours of Marsh Creek Elementary school by staggering their hours of operation per instructional calendar year.

8. Minor changes to the hours of operation may be allowed subject to the approval of the Community Development Director if found to be in substantial conformance with the General Plan.

9. Maximum enrollment is limited to 160 students at any given time. Written verification of enrollment shall be submitted, upon request of the Community Development Department, at least 30 days prior to the beginning of each school year. Any proposed increase in enrollment capacity shall require further amendment to the conditional use permit, including review by the Planning Commission at a noticed public hearing.

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10. The Permittee shall continuously implement a vehicle circulation plan to direct the flow of traffic from Adams Lane into the parking lot to avoid vehicle queuing onto Adams Lane.

This shall include a school staff member located at the Adams Lane driveway during school drop-off and pick-up times ensuring that (1) drivers proceed north along Adams Lane in the event there is no room to queue on-site; and (2) left turns onto Adams Lane are restricted by instructing drivers to exit the site by turning right onto Adams Lane.

11. The Permittee shall post on-site signage prohibiting left turns onto Adams Lane during drop off and pick up times, approximately 30 minutes before and after school hours, Monday through Friday. Signage shall comply with the California Manual on Uniform Traffic Control Devices (MUTCD) standards.

12. School activities and authorized church operations shall avoid conflicts related to traffic circulation and parking.

13. The Permittee shall maintain the area surrounding the use, including but not limited to the building in which the use is located, sidewalk, landscaping, and parking areas in a clean and orderly manner at all times.

14. The Permittee shall indemnify, defend with counsel of the City’s reasonable choosing, and hold harmless City and its City Council, its boards and commissions, officials, officers, employees, and agents (the “Indemnified Parties”) from and against any third party claim, action, or proceeding against City and/or the Indemnified Parties to attack, review, set aside, void, or annul the City’s approval of the project approved herein, including approval of the amendment to Conditional Use Permit No. 08-31 (CUP 08-31-A4), and any environmental determination made with regard thereto. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, reasonable attorneys' fees, and other reasonable expenses incurred in connection with such claim, action, causes of action, suit or proceeding. The Permittee shall pay to the City upon demand or, as applicable, on a monthly basis to counsel of City’s reasonable choosing, amounts owed pursuant to the indemnification requirements prescribed in this condition.

City shall promptly notify the Permittee of any claim, action, or proceeding and shall engage in reasonable efforts to cooperate in the defense.

15. The Project shall annex into the most current City Community Facilities District or provide and execute an alternative funding mechanism acceptable to the City for the maintenance of City improvements.

16. If operation of this use results in conflicts pertaining to parking, noise, traffic, waste, 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 to mitigate such impacts, or may revoke said conditional use permit bound upon applicable findings.

17. The Planning Commission shall have jurisdiction to hear any requested modifications to or enforcement of this Permit.

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EXHIBIT "B"
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Packet Pg. 1184 Attachment: Attachment 1- Conditional Use Permit Resolution (2691 : Vineyard Academy Christian School- Call for Review) D e N o v o P l a n n i n g G r o u p
A L a n d U s e P l a n n i n g , D e s i g n , a n d E n v i r o n m e n t a l F i r m December 15, 2021
Crystal De Castro, Associate Planner
City of Brentwood Community Development Department
150 City Park Way
Brentwood, CA 94513
SUBJECT: CEQA Consistency Analysis for the Proposed Vineyards Academy Project Dear Ms. De Castro:

Thank you for the opportunity to assist the City of Brentwood with this preliminary CEQA review of the proposed Vineyard Academy Project. The following presents our project understanding and the results of our analysis.

Project Summary
Vineyard Academy is applying for a conditional use permit amendment and design review to allow them to place six (6) portable classrooms totaling 2,880 square feet and an additional 380 square foot portable bathroom unit located directly east of the rear parking lot of the existing The Rock Church, located at 1770 Adams Lane in Brentwood, CA. The subject project site is on an approximately 5.64-acre parcel identified by the Contra Costa County Assessor as Assessor Parcel Numbers 016-040-009, -010, and-011 .

Development of the site with the church and supporting buildings and infrastructure (the original project) was approved in 2009. The original project included design review and a conditional use permit for a 20,687 sf multi-functional church building that also served as a nursery/classroom and gym along with a 3,900 +/- sf parsonage. An Initial Study/Mitigated Negative Declaration (IS/MND) was adopted by the City as part of the original project’s entitlement package in 2009. Then in 2010, the project was amended and approved for a smaller church building at 11,327 sf. As part of that approval, a preschool/day care was added to the CUP. At that time, it was determined that the originally adopted IS/MND was satisfactory for CEQA purposes, given that the newly-proposed building was substantially smaller than the original approval analyzed in the 2009 IS/MND.

The newest iteration of the project (the proposed project) would include the additional installation of six portable classrooms, one portable bathroom unit, and operation of the project site as a private K-8 school with a maximum enrollment of 160 students. The six portable classrooms would result in 2,880 square feet of classroom space, and an additional 380 square feet of portable bathroom space, for a total combined building square footage of 3,260 sf.

The 2010 amended project approval for a 11,327 sf church building, plus the additional 3,260 sf of portable buildings described above, would result in a total building area of 14,587 sf, which is less than the size of the original proposal for a 20,687 sf multi-use building, which was the subject of the environmental analysis in the adopted 2009 IS/MND.

D E N O V O P L A N N I N G G R O U P
1020 SUNCAS T LANE , SUIT E 106, E L DORADO HI LLS , CA 95 762 brit c hie@denovoplanning . c om | ( 916) 949- 3231
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Packet Pg. 1185 Attachment: Attachment 2- Conditional Use Permit Resolution Exhibit B Vineyard School CEQA Consistency Analysis (2691 : Vineyard To: M s . C r y s t a l D e Ca s t r o
S u b je c t : C E Q A C o n s i s t e n c y A n al y s i s f o r t h e V i n e ya r d s A c a de m y P r oj e c t D a t e : D e c e m be r 1 5 , 2 0 21

D E N O V O P L A N N I N G G R O U P
1 0 2 0 S U N C A S T LA NE , S U IT E 1 0 6 , E L D O RA D O H I LLS , C A 9 5 7 6 2 b r i t c h i e@ d e n o vo p l a n n i n g . c om | ( 9 1 6 ) 9 4 9- 3231 2 The site plan for the original project, which was the subject of the 2009 IS/MND, is shown on Figure 1.

The site plan for the proposed project is shown on Figure 2. The proposed portable buildings are located within the same general footprint and area of disturbance analyzed in the 2009 IS/MND.

Summary of Findings
CEQA Guidelines Section 15162 identifies standards and criteria for when a subsequent EIR or Negative Declaration is required for a project. None of the criteria established in Section 15162 are triggered by the proposed project revisions, as demonstrated on the following pages. The proposed project is within the scope of the analysis prepared for the original project in the adopted 2009 IS/MND. Approval and implementation of the proposed project would not result in any new impacts that were not analyzed and disclosed in the 2009 IS/MND, nor would the proposed project increase the severity of any impacts analyzed in the 2009 IS/MND. The proposed project is smaller than the originally approved project, and would fall entirely within the area of disturbance analyzed in the 2009 IS/MND.

The 2009 IS/MND included a range of mitigation measures that would reduce all potential impacts to a less than significant level. The proposed project is subject to these same mitigation measures, as applicable. The implementation of the mitigation measures adopted as part of the 2009 IS/MND would ensure that the proposed project would not result in any significant impacts to the environment, would not result in any new impacts not previously analyzed, and would not increase the severity of any impacts previously analyzed.

The following pages provide a summary of the impacts and mitigation measures analyzed and contained in the 2009 IS/MND, and provides substantial supporting evidence that the proposed project falls within the scope of the previously adopted IS/MND.

Review of Previous Environmental Analysis from 2009 IS/MND Aesthetics
The 2009 IS/MND determined that the original project would have a less than significant impact related to impacts on scenic vistas, scenic resources, or the potential to degrade the existing visual character of the site and its surroundings. The proposed project would not result in any new or more significant impacts related to these environmental topics, when compared to the original project. The project site is not a scenic vista and does not contain any scenic resources. As such, there is no change from the original analysis. The proposed project would introduce less new building square footage than was previously analyzed, which would not substantially degrade the existing visual character of the site.

The 2009 IS/MND determined that the original project may have a potentially significant impact related to the creation of new sources of nighttime lighting. The proposed project would have similar levels of new nighttime lighting (parking lot and building security lighting) as the original project. The 2009 IS/MND requires the implementation of Mitigation Measure I-1, which requires that new lighting be shielded, directed downward, and that a lighting plan shall be prepared and approved. This mitigation measure D.1.b
Packet Pg. 1186 Attachment: Attachment 2- Conditional Use Permit Resolution Exhibit B Vineyard School CEQA Consistency Analysis (2691 : Vineyard To: M s . C r y s t a l D e Ca s t r o
S u b je c t : C E Q A C o n s i s t e n c y A n al y s i s f o r t h e V i n e ya r d s A c a de m y P r oj e c t D a t e : D e c e m be r 1 5 , 2 0 21

D E N O V O P L A N N I N G G R O U P
1 0 2 0 S U N C A S T LA NE , S U IT E 1 0 6 , E L D O RA D O H I LLS , C A 9 5 7 6 2 b r i t c h i e@ d e n o vo p l a n n i n g . c om | ( 9 1 6 ) 9 4 9- 3231 3 shall apply to the proposed project, and would ensure that this impact is reduced to a less than significant impact. No additional analysis is required.

Agricultural Resources
The 2009 IS/MND determined that the original project could result in potentially significant impacts related to the conversion of Prime Farmlands and agricultural lands to a non-agricultural use. The 2009 IS/MND includes Mitigation Measure II-2, which requires compliance with Chapter 17.730 of the Brentwood Municipal Code (Agricultural Preservation Program). Implementation of this mitigation measure would reduce this impact to a less than significant level. The proposed project is on the same parcel, and would result in the exact same level of impact as the original project. No additional analysis is required.

Air Quality
The 2009 IS/MND determined that the original project would not conflict with or obstruct implementation of the applicable air quality plan; would not result in a cumulatively considerable increase of any criteria pollutants; and would not create objectionable odors. The 2009 IS/MND concluded that the original project was within the levels of development contemplated under the Brentwood General Plan, and as such, would not result in development levels or intensities that would conflict with an adopted air quality plan or result in cumulatively considerable levels of criteria pollutants. The proposed project would result in less cumulative development than the original project. As such, air quality emissions would not conflict with an adopted plan or result in cumulatively considerable increases in criteria pollutants. Additionally, similar to the original project, the proposed project would not create objectionable odors.

The 2009 IS/MND determined that the original project had the potential to violate an air quality standard associated with short-term construction-related activities, and required the implementation of Mitigation Measure III-3. Mitigation Measure III-3 requires the preparation of an Erosion Prevention and Dust Control Plan prior to the issuance of grading permits. This mitigation measure would apply to the proposed project, and would reduce this potential impact to a less than significant level. Overall, the proposed project would result in fewer construction emissions than the original project due to the smaller total building area and the fact that the portable buildings would not be constructed onsite. No additional analysis is required.

Biological Resources
Potential impacts to biological resources can occur as a result of ground disturbing activities that alter the natural condition of the land. Given that the proposed project and the original project would result in the same area and location of ground disturbance, the potential impacts related to this environmental topic would be the same, and there would be no additional impacts to biological resources beyond those analyzed in the 2009 IS/MND. The 2009 IS/MND includes Mitigation Measures IV-4 through IV-8, which require a range of biological mitigation measures, including protocol level surveys for special status species, avoidance of trees within nesting raptors, pre-construction surveys, and avoidance of protected D.1.b
Packet Pg. 1187 Attachment: Attachment 2- Conditional Use Permit Resolution Exhibit B Vineyard School CEQA Consistency Analysis (2691 : Vineyard To: M s . C r y s t a l D e Ca s t r o
S u b je c t : C E Q A C o n s i s t e n c y A n al y s i s f o r t h e V i n e ya r d s A c a de m y P r oj e c t D a t e : D e c e m be r 1 5 , 2 0 21

D E N O V O P L A N N I N G G R O U P
1 0 2 0 S U N C A S T LA NE , S U IT E 1 0 6 , E L D O RA D O H I LLS , C A 9 5 7 6 2 b r i t c h i e@ d e n o vo p l a n n i n g . c om | ( 9 1 6 ) 9 4 9- 3231 4 trees. These mitigation measures shall apply to the proposed project. As such, there are no new or additional impacts related to biological resources, and no additional analysis is required.

Cultural Resources
The 2009 IS/MND concluded that there are no known cultural resources located on the project site, and that the project site is located in an area with a low possibility of cultural resources being located on the site. The 2009 IS/MND determined that the original project had the potential to result in impacts to previously unknown cultural resources during site grading activities. The proposed project would be located on the same parcel and would disturb the same area as the original project. As such, the potential for impacts to previously unknown cultural resources would be the same as those analyzed for the original project. The 2009 IS/MND includes Mitigation Measure V-9, which outlines steps that must be taken in the event that a prehistoric or historic resource, or human remains, are discovered during construction activities. This mitigation measure shall apply to the proposed project, and no additional analysis is required.

Geology and Soils
Potential impacts related to geology and soils can occur as a result of ground disturbing activities that alter the natural condition of the land and place new structures in areas with potential geologic risks, including unstable soils or areas subject to groundshaking. Given that the proposed project and the original project would result in the same area and location of ground disturbance, the potential impacts related to this environmental topic would be the same, and there would be no additional impacts to geology and soils beyond those analyzed in the 2009 IS/MND. The 2009 IS/MND includes Mitigation Measures VI-10 through VI-15, which require a range of steps to be taken prior to ground disturbance and construction in order to reduce potential geologic and soils hazards. These include compliance with the applicable uniform building codes, design level geotechnical explorations, preparation of grading plans, implementation of an erosion control plan, drainage and storm water runoff controls, and limitations on ground disturbing activities during periods of rain. These mitigation measures shall apply to the proposed project, and would ensure that no new or additional impacts occur related to this environmental topic.

No additional analysis is required.

Hazards and Hazardous Materials
The 2009 IS/MND determined that the original project, and the project site, were not subject to hazards impacts related to past site contamination, airport operations, emergency evacuation plans or wildfires.

Given that the proposed project is on the same project site, none of these determinations would change.

The 2009 IS/MND also determined that the originally proposed project would not require the use or storage of hazardous materials onsite. Similarly, the proposed project would not require the use or storage of hazardous materials, as such materials are not used in a school setting. The only potentially significant impact related to this environmental topic identified in the 2009 IS/MND relates to the demolition of an existing, unused storage shed. The contents of this shed were unknown, and there is the potential that asbestos materials are present in the shed, or that chemicals are (or were) stored in the D.1.b
Packet Pg. 1188 Attachment: Attachment 2- Conditional Use Permit Resolution Exhibit B Vineyard School CEQA Consistency Analysis (2691 : Vineyard To: M s . C r y s t a l D e Ca s t r o
S u b je c t : C E Q A C o n s i s t e n c y A n al y s i s f o r t h e V i n e ya r d s A c a de m y P r oj e c t D a t e : D e c e m be r 1 5 , 2 0 21

D E N O V O P L A N N I N G G R O U P
1 0 2 0 S U N C A S T LA NE , S U IT E 1 0 6 , E L D O RA D O H I LLS , C A 9 5 7 6 2 b r i t c h i e@ d e n o vo p l a n n i n g . c om | ( 9 1 6 ) 9 4 9- 3231 5 shed. In order to ensure that there are no significant impacts associated with demolition of the shed, Mitigation Measures VII-17 through VII-19 were included in the 2009 IS/MND. These measures require the proper removal and disposal of any asbestos or lead-based paint material by a licensed contractor.

These mitigation measures shall apply to the proposed project, and would ensure that no new or additional impacts related to this environmental topic would occur. No additional analysis is required.

Hydrology and Water Quality
The 2009 IS/MND determined that short-term construction-related activities had the potential to result in water quality and drainage impacts. The proposed project would result in similar levels of ground disturbance and construction when compared to the original project. As noted in the 2009 IS/MND, the project site is not located within a floodplain and does not pose a risk related to flooding. In order to ensure that construction and site grading activities do not result in short-term impacts to water quality and drainage, Mitigation Measures VIII-20 and VIII-21 were included in the 2009 IS/MND, which shall also apply to the proposed project. These measures require the preparation and implementation of a drainage master plan and the incorporation of best management practices (BMPs) prior to the issuance of grading permits. The project is also required to obtain a National Pollution Discharge Elimination (NPDES) permit prior to any disturbance greater than one acre. The proposed project would not result in any new or more severe impacts, and no additional analysis is required.

Land Use and Planning
The 2009 IS/MND concluded that the original project would not physically divide an established community, conflict with any applicable land use plans, or conflict with an adopted habitat conservation plan. The proposed project is very similar to the original project, and would not conflict with any plans or programs, nor would it divide an established community. There is no impact related to these topics, and no mitigation or further analysis is required.

Mineral Resources
As noted in the 2009 IS/MND, there are no known mineral resources located on the project site. As such, there is no impact related to this topic and no additional analysis is required.

Noise
As described in the 2009 IS/MND project construction activities have the potential to result in temporary short-term noise impacts to nearby sensitive receptors. The proposed project would result in a similar level of site grading and ground disturbing activities as the original project. However, it is noted that construction activities under the proposed project are anticipated to be shorter and generate less noise than the original project, due to the fact that the portable buildings would not be constructed onsite. The 2009 IS/MND also noted the potential for the original project to expose the existing residences located to the east of the project site to noise levels in excess of adopted City standards. The proposed project is anticipated to generate similar noise levels as the original project, due to the similar nature of the proposed uses. Mitigation Measure XI-28 requires the construction of a six-foot tall barrier between the D.1.b
Packet Pg. 1189 Attachment: Attachment 2- Conditional Use Permit Resolution Exhibit B Vineyard School CEQA Consistency Analysis (2691 : Vineyard To: M s . C r y s t a l D e Ca s t r o
S u b je c t : C E Q A C o n s i s t e n c y A n al y s i s f o r t h e V i n e ya r d s A c a de m y P r oj e c t D a t e : D e c e m be r 1 5 , 2 0 21

D E N O V O P L A N N I N G G R O U P
1 0 2 0 S U N C A S T LA NE , S U IT E 1 0 6 , E L D O RA D O H I LLS , C A 9 5 7 6 2 b r i t c h i e@ d e n o vo p l a n n i n g . c om | ( 9 1 6 ) 9 4 9- 3231 6 project site and the residential uses to the east of the site. This measure shall also apply to the proposed project, and would reduce this impact to a less than significant level. The proposed project is also required to implement Mitigation Measures XI-29 and XI-30, which require compliance with the City’s adopted construction hours and best practices to minimize construction-related noise. The proposed project would not result in any new or more severe impacts, and no additional analysis is required.

Population and Housing
As noted in the 2009 IS/MND, the original project would not induce substantial population growth or displace existing housing. The proposed project would similarly have no impact on this topic. No further analysis is required.

Public Services
The 2009 IS/MND determined that the original project, as an institutional use, would not result in impacts to schools or recreational facilities in Brentwood. The proposed project, also an institutional use, would also not result in any impacts related to these environmental topics. The 2009 IS/MND determined that the original project had the potential to result in impacts related to police and fire protection, primarily related to an increased demand for services. Mitigation Measures XIII-31 through XIII-37 require compliance with all applicable Uniform Fire Code requirements and adopted policies of the East Contra Costa Fire Protection District (ECCFPD), the provision of adequate fire flow onsite, onsite fire hydrants in locations approved by the ECCFPD, access roads that accommodate fire apparatus, and site plan review by the Police Department. All of these mitigation measures would apply to the proposed project, and would ensure that there are no additional or more severe impacts when compared to the original project.

No additional analysis is required.

Recreation
Implementation of the proposed project does not have the potential to result in impacts to existing recreational facilities or result in the demand for new offsite recreational facilities in Brentwood. As such, there is no impact. This topic was addressed in the 2009 IS/MND and no additional analysis or mitigation is required.

Transportation and Circulation
The 2009 IS/MND did not identify any specific potentially significant impacts related to transportation and circulation from the original project, but included Mitigation Measures XV-38 through XV-40, which require the payment of fair share traffic impact fees. The proposed project would also be required to pay all applicable traffic impact mitigation fees. The City of Brentwood has imposed specific traffic control and operational requirements on the proposed project in order to ensure that congestion and safety impacts do not occur during school drop off and pickup times. For example, the project is required to construct a “right in, right out” entrance/exit on to Grant Street. Additionally, the project applicant (the proposed school operator) has agreed to stagger drop off and pick-up times with those conducted by the nearby Marsh Creek Elementary School in order to avoid an overconcentration of vehicles in the area at D.1.b
Packet Pg. 1190 Attachment: Attachment 2- Conditional Use Permit Resolution Exhibit B Vineyard School CEQA Consistency Analysis (2691 : Vineyard To: M s . C r y s t a l D e Ca s t r o
S u b je c t : C E Q A C o n s i s t e n c y A n al y s i s f o r t h e V i n e ya r d s A c a de m y P r oj e c t D a t e : D e c e m be r 1 5 , 2 0 21

D E N O V O P L A N N I N G G R O U P
1 0 2 0 S U N C A S T LA NE , S U IT E 1 0 6 , E L D O RA D O H I LLS , C A 9 5 7 6 2 b r i t c h i e@ d e n o vo p l a n n i n g . c om | ( 9 1 6 ) 9 4 9- 3231 7 any given time. The proposed project would not result in any new or more severe transportation and circulation related impacts than the originally proposed project, and no additional analysis is required.

Utilities and Service Systems
The 2009 IS/MND determined that the City has adequate water and sewer supplies and capacity to serve the original project. The proposed project’s demand for such services would not exceed those of the original project, and as such, would not result in new or more significant impacts related to water and sewer services. However, Mitigation Measure XVI-42 requires the project to connect to the existing Brentwood utility network and pay all applicable development impact fees in order to fund the project’s fair share improvements. This requirement shall carry forward to the proposed project. Additionally, Mitigation Measure XVI-41 requires the preparation of a stormwater pollution prevention plan (SWPPP) prior to the issuance of grading improvements, in order to reduce potential stormwater and drainage impacts. This mitigation measure shall also apply to the proposed project. Implementation of the proposed project would not result in any new or more severe impacts related to utilities, when compared to the original project, and all mitigation measures noted above shall be required of the proposed project.

No additional analysis is required.

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Packet Pg. 1191 Attachment: Attachment 2- Conditional Use Permit Resolution Exhibit B Vineyard School CEQA Consistency Analysis (2691 : Vineyard 0 F
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Packet Pg. 1192 Attachment: Attachment 2- Conditional Use Permit Resolution Exhibit B Vineyard School CEQA Consistency Analysis (2691 : Vineyard

VINEYARD ACADEMY
1770 ADAMS LANE, BRENTWOOD, CA
10/28/2021

S T I R L I N G
1145 Second St. Suite 188
Brentwood, CA 94513
Tel: (925) 634-0095
Fax: (925) 226-4816
ARCHITECTS IN C.

NORTH
SCALE: 1/16" = 1'-0"
SITE PLAN 0 4' 16'8' 32'
CLASS ROOMS: 2,880 SQ. FT.

DECK: 1,491 SQ. FT.

RESTROOMS: 380 SQ. FT.
87 PARKING SPACES
Figure 2- Proposed Site Plan
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Packet Pg. 1193 Attachment: Attachment 2- Conditional Use Permit Resolution Exhibit B Vineyard School CEQA Consistency Analysis (2691 : Vineyard Academy Christian School- Call for Review) CCITY COUNCIL RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A DESIGN REVIEW (DR 21-009) TO AUTHORIZE THE CONSTRUCTION OF A 3,260 SQUARE FOOT MODULAR BUILDING FOR THE VINEYARD ACADEMY CHRISTIAN SCHOOL LOCATED AT 1770 ADAMS LANE (APN 016-040-010).

WHEREAS, on July 29, 2021, Mike Curtis, Principal of Vineyard Academy Christian School, (the “Permittee”) submitted an application, requesting approval of a Design Review (DR 21-009) for the construction of a 3,260 square foot modular building to serve a private K-8 school located at The Rock Church (the “Project Site,” located at APN 016-040-010); and WHEREAS, concurrently with Permittee’s submittal of a request for DR 21-009, Permittee likewise submitted a request for a conditional use permit amendment (CUP 08-31-A4) to allow the operation of a private K-8 school; and
WHEREAS, collectively, DR 21-009 and CUP 08-31-A4 constitute the “Project;” and WHEREAS, the City referred said Project to various departments and agencies for review and recommendations; and
WHEREAS, the Project Site is currently developed with an earlier-approved project.

Specifically, on June 16, 2009, the Planning Commission considered a request for approval of the operation of a 20,687 square-foot church known as The Rock of Brentwood and an accessory parsonage totaling 3,915 square feet (the “Original Project”) to be located on the Project Site; and WHEREAS, the Original Project was studied for purposes of the California Environmental Quality Act through the preparation of an Initial Study/Mitigated Negative Declaration (IS/MND); and
WHEREAS, on June 16, 2009, the Planning Commission, after conducting a duly-noticed public hearing to consider the requested approvals for the Original Project, adopted the IS/MND (Resolution No. 09-032), approved the requested Conditional Use Permit No. 08-31 (Resolution No. 09-034), and approved the Design Review No. 08-20 application filed concurrently therewith (Resolution No. 09-33); and
WHEREAS, on July 20, 2010, the Planning Commission approved a three-year extension of time for Design Review No. 08-20-A1 (Resolution No. 10-046) and Conditional Use Permit No. 08-31-A1 (Resolution No. 10-046); and
WHEREAS, on November 5, 2013, the Planning Commission approved Design Review amendment No. 08-20-A2 (Resolution No. 13-028) and Conditional Use Permit amendment No. 08-31-A2 (Resolution No. 13-029), reducing the size of the church and associated multi-function building, from 20,687 square feet to 11,237 square feet and adding a preschool use, while retaining the 3,915 square foot parsonage; and
WHEREAS, on December 16, 2014, the Planning Commission approved a one-year time extension for Conditional Use Permit (No. 08-31-A3, adopted via Resolution No. 14-042) and Design Review (No. 08-20-A3, via Resolution No. 14-043); and D.1.c
Packet Pg. 1194 Attachment: Attachment 3- Design Review Resolution (2691 : Vineyard Academy Christian School- Call for Review) WHEREAS, following the Permittee’s July 29, 2021 submission of an application seeking approval of a Design Review (DR 21-009) for the construction of a 3,260 square foot modular building to serve a private K-8 school located at the Project Site, as well as an amendment to Conditional Use Permit No. 08-31 (CUP 08-31-A4), the Planning Commission considered the Project at a duly-noticed public hearing on April 19, 2022, and considered the staff report, all accompanying information, and testimony received from the Permittee and other interested parties; and
WHEREAS, on April 19, 2022, the Planning Commission approved Design Review No. 21-009 for the Vineyard Academy Christian School project, by Planning Commission Resolution No. 22-003, as well as an amendment to Conditional Use Permit No. 08-31 (CUP 08-31-A4) by adoption of Planning Commission Resolution No. 22-002; and WHEREAS, on April 19, 2022, City Council member Jovita Mendoza timely filed a Call for Review of the Planning Commission’ action approving CUP 0831-A4 and DR 21-009 for the Vineyard Academy Christian School project; and
WHEREAS, the City of Brentwood published a public hearing notice in the Brentwood Press and mailed it to all property owners within 300 feet of the site on May 13, 2022 and the Permittee also posted the Project Site with the required signage in accordance with City policies and Government Code Section 65090; and
WHEREAS, the Planning Commission of the City of Brentwood adopted a Mitigated Negative Declaration (“MND”) for the original project approval in 2009 in accordance with the requirements of the California Environmental Quality Act (CEQA). The Project is consistent with the previously certified MND, with no new significant impacts and requires no further environmental review; and
WHEREAS, the City Council considered this design review application at its regular meeting of May 24, 2022, and considered the staff report, all accompanying information, and testimony received from the Permittee and other interested parties.

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

A. Hereby finds that:

With respect to the design review findings pursuant to Brentwood Municipal Code Section 17.820.007:
i. The proposed development shall create 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.

The proposed building is in conformance with the design approaches identified in the City’s Commercial and Industrial Design Guidelines (Building Design Guidelines Section 1). The design of the Project relates harmoniously to the existing church, which is the other facility in the immediate area in that the school building is rectangular in shape with a gable roof reaching a maximum height of 14 feet. The modular design includes wood siding, painted to match the existing church building. Moreover, the existing church incorporates a flat concrete roof tiles and the new building has been conditioned to match this material and color.

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Packet Pg. 1195 Attachment: Attachment 3- Design Review Resolution (2691 : Vineyard Academy Christian School- Call for Review) The overall effect of the Project will present a well-composed urban design in that a lighter tan color is provided to highlight the gable eaves, gutters, trim boards, and window trim. The plans do not specify the depth of the window trim, but a condition of approval requires the window trim elements to project at least two inches from the building wall. A landscaped trellis with climbing grape vines, at approximately 10 feet in height, enhances the entryway establishing a visual focal point on the west elevation. An overhead trellis is also provided on the eastern portion of the building to provide interior shading for the central deck. The colors, materials, and design elements of the Project is consistent and compatible with the surrounding environment.
ii. Elements of design which have significant relationship to the exterior appearance of structures and facilities shall be given special consideration; these elements include but are not limited to height, arrangement on the site, texture, lighting, material, color, signs, landscaping, size, bulk and scale, and appurtenances.

The proposed finish materials are of a quality design and are appropriate to the design style of the buildings and the setting within the community. The school building is rectangular in shape with a gable roof reaching a maximum height of 14 feet. The proposed 14 foot height of the school is well within the 30 foot height maximum allowed in the R-1-E zoning district. The colors and materials proposed have been carefully considered to blend in with the existing facility on the Project Site as the modular building includes complementary tan colors, consistent with the existing church building. A light tan color is provided to highlight the gable eaves, gutters, and window trim (Building Design Guideline 10). The plans do not specify the depth of the window trim, but a condition of approval requires the window trim elements to project at least two inches from the building wall. As envisioned by Building Design Guideline 1(c) (“the use of awnings and trellises is strongly encouraged”), a landscaped trellis with stucco column, at approximately 10 feet in height, enhances the entryway, establishing a visual focal point on the west elevation. An overhead landscaped trellis is also provided on the eastern portion of the building to provide interior shading for the central deck.

Additionally, the climbing grape vines on the landscaped trellis and the 22 African Sumac trees positioned around the perimeter of the fence will complement the existing mature landscaping on the Project Site. The colors, materials, and design elements of the proposed project are consistent and compatible with the surrounding environment.
iii. The proposed development shall be of a quality and character appropriate to, and serving to protect the value of, private and public investments in the immediate area.

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Packet Pg. 1196 Attachment: Attachment 3- Design Review Resolution (2691 : Vineyard Academy Christian School- Call for Review) iv. Where the proposed development is located in an area for which a specific plan, planned development, neighborhood plan or precise plan has been adopted by the city council, the design of the development shall conform in all significant respects with such plans.

The Project Site is zoned Single-Family Residential Estate (R-1-E), which allows for the development of larger-lot single-family residential uses (BMC Section 17.120). The R-1-E zoning district specifically lists private and parochial schools as conditionally permitted by reference to the conditional uses allowed in the Ranchette Estate (RE) zone (BMC Section 17.110.003).

The design of the modular building conforms to the R-1-E development standards as provided in the following table:
v. The proposed development shall conform with all requirements for landscaping, screening, parking, usable open space and off-street loading as set forth in this title.

The school will continue to occupy the existing building and will also utilize the new 3,260 square foot modular building to provide more space for staff, students, and various instructional activities. The modular building would be located on approximately 20,000 square feet directly east of the rear parking lot within an undeveloped area of the project site. There are a total of 87 onsite parking spaces, all of which are full-size with six handicap-accessible spaces, situated on each side of the existing building. Section 17.620.012 of the Brentwood Municipal Code requires schools, grades K-8 th
, to have two
and one half spaces for each classroom. A total of 11 classrooms are proposed (five classrooms within the church building and six classrooms in the modular building) which requires a total of 28 parking spaces. Therefore, the existing parking spaces exceed the required amount by 59 parking spaces. As a result, no spaces are proposed to be added on-site as part of this application. A draft condition requires that the school use and church use, would not operate simultaneously to avoid any parking conflicts.

The landscaping will be compatible with the design and the existing site, which has a significant amount of landscaping, including a wide variety of trees, low flowering shrubs, perennials and vines. An existing six-foot high wood fence separates the eastern edge of the rear parking lot from the undeveloped area of the property where the modular building is proposed.

Although no walls or fences are expressly required by the Brentwood D.1.c
Packet Pg. 1197 Attachment: Attachment 3- Design Review Resolution (2691 : Vineyard Academy Christian School- Call for Review) Municipal Code, a six-foot high good neighbor fence is proposed along the perimeter of the modular building and the open play area. Additional screening is proposed with 15-gallon trees (22 African Sumac trees) along the perimeter of the good neighbor fence to help soften views from Grant Street as well as the properties along the eastern and southern boundaries.

A draft condition of approval requires the applicant to maintain the area surrounding the use, including the sidewalk, landscaping, and parking areas, in a clean and orderly manner at all times.
vi. The site development criteria set forth in Section 17.820.008.

The siting and internal arrangement of all structures and circulation, parking and loading, lighting, access, landscape, hardscape, and utility facilities on the site are conducive to an orderly, attractive, efficient, and harmonious development. The modular building is located on approximately 20,000 square feet directly east of the rear parking lot within an undeveloped area of the project site. There are a total of 87 on-site parking spaces, all of which are full-size with six handicap-accessible spaces, situated on each side of the existing building. A total of 28 parking spaces are required; therefore, the existing spaces exceed the required amount by 59 spaces. Vineyard Academy Christian School staggered its school hours to begin one hour later and end one hour earlier than Marsh Creek Elementary and implemented a traffic circulation plan within the on-site parking lot at The Rock Church in which a staff member directs and facilitates the flow of vehicles entering and exiting the parking lot during school pick-up and drop-off times to avoid queues on Adams Lane. Pedestrian circulation is provided via the existing sidewalks on Adams Lane and Grant Street. A paved path also runs along the center length of the site on either side of the church building on the west and east parking lot. The path is composed of a decorative concrete walkway that includes a surface with varied texture to increase the awareness of drivers crossing the main pedestrian link. The path leads to an opening in the perimeter fencing that encloses the location of the proposed modular building and playground area. The trellis feature include climbing grape vines for shade and 22 African Sumac trees positioned around the perimeter of the fence will also provide shade and additional screening.

As designed, the proposed development will not have an adverse environmental effect on adjacent developments, existing or potential, by reason of conflicts in land use in that the proposed development adheres to the R-1-E zoning and the Semi-Public Facility (SPF) land use designation established in the General Plan. The location for the proposed modular building is an existing developed site and the proposed building will occupy

0.50 acre of an undeveloped area within a 5.64 acre Project Site; therefore, most land use development policies, such as land use transitions, parking, landscaping, and other site improvements have already been fulfilled and would not apply in this case.
vii. “The City of Brentwood Design Guidelines” Draft, dated February 1, 2001, and any other applicable specific design criteria or standards set out in this title or other city ordinance.

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Packet Pg. 1198 Attachment: Attachment 3- Design Review Resolution (2691 : Vineyard Academy Christian School- Call for Review) The proposed modular building is an acceptable design with approaches identified in the City’s Commercial and Industrial Design Guidelines (Building Design Guidelines Section 1). The design of the Project relates harmoniously to the existing church, which is the other facility in the immediate area in that the school building is rectangular in shape with a gable roof reaching a maximum height of 14 feet. The colors and materials proposed have been carefully considered to blend in with the existing facility on the Project Site as the modular building includes complementary tan colors, consistent with the existing church building. A light tan color is provided to highlight the gable eaves, gutters, and window trim (Building Design Guideline 10). The plans do not specify the depth of the window trim, but a condition of approval requires the window trim elements to project at least two inches from the building wall. As envisioned by Building Design Guideline 1(c), “the use of awnings and trellises is strongly encouraged.” Accordingly, the Project includes a landscaped trellis with stucco column, at approximately 10 feet in height, enhances the entryway, establishing a visual focal point on the west elevation. An overhead landscaped trellis is also provided on the eastern portion of the building to provide interior shading for the central deck. The colors, materials, and design elements of the proposed project are compatible with the surrounding environment and consistent with the City’s Design Guidelines.
viii. All applicable regulations of the zoning ordinance and other city ordinances, policies or resolutions.

The proposed project as conditioned is consistent with the General Plan r-1-E land use designation and conforms to the applicable zoning standards, as follows:

Additionally, 87 parking spaces are provided where only 28 parking spaces are required for the proposed use.

B. Hereby approves Design Review No. 21-009, 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. Design Review No. 08-20-A3 is not amended hereby and shall remain in full force and effect.

This permit shall terminate on April 19, 2023, unless actual construction begins prior to that date. However, such period of time may be extended by the Planning Commission upon application filed at any time before said period expires.

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Packet Pg. 1199 Attachment: Attachment 3- Design Review Resolution (2691 : Vineyard Academy Christian School- Call for Review) D.1.c
Packet Pg. 1200 Attachment: Attachment 3- Design Review Resolution (2691 : Vineyard Academy Christian School- Call for Review) ADOPTED by the City Council of the City of Brentwood at its regular meeting of May 24, 2022, by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

APPROVED
Joel R. Bryant
Mayor
ATTEST:

Margaret Wimberly, MMC
City Clerk
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Packet Pg. 1201 Attachment: Attachment 3- Design Review Resolution (2691 : Vineyard Academy Christian School- Call for Review) EXHIBIT “A” TO
CITY COUNCIL RESOLUTION NO.

CONDITIONS OF APPROVAL FOR VINEYARD ACADEMY CHRISTIAN SCHOOL DESIGN REVIEW NO. 21-009

1. The Permittee, including all successors in interest (collectively “Permittee”) shall comply with each and every condition set forth in this Permit. Design Review Permit No. DR 21- 009 (“Permit”) shall have no force or effect and no building permit shall be issued unless and until all things required by the below-enumerated precedent conditions have been performed or caused to be performed.

2. The Permittee shall comply with all applicable Standard Conditions of Approval for Commercial and Industrial Projects, dated May 2005, hereby incorporated by reference, unless modified by any of the conditions below. Public Works and Engineering Standard Conditions of Approval shall be completed to the satisfaction of the City Engineer.

3. The project shall be built substantially in conformance with the project plans drawn by Stirling Architects Incorporated, dated received “December 16, 2021,” unless otherwise amended by the conditions of approval contained herein. Minor changes to plans may be allowed subject to the approval of the Community Development Director if found to be in substantial conformance with the approved exhibits.

4. The Permittee shall submit plans to the Community Development Department’s Neighborhood Services Division in conformance with the regulations contained in the American with Disabilities Act and California Title 24 Building Codes.

5. The Permittee shall obtain a building permit prior to the commencement of any construction work.

6. The building construction drawings shall indicate that any rooftop equipment is screened to the satisfaction of the Community Development Director prior to building permit issuance.

7. The building plan submittal shall indicate the roof color and material shall match the existing church building and the window trims shall project a minimum of two inches from the building wall.

8. Any alteration of the building design, building colors, or materials from the approved plans and materials board shall be submitted for the review of the Community Development Director prior to building permit issuance and, if judged to be substantial, may be referred to the Planning Commission for approval.

9. All landscaping ad fencing as depicted in the plans shall be completed prior to the initiation of the operation of use.

10. Adequate capacity for waste or refuse disposal shall be provided and shall be properly disposed and removed regularly so as not to become a nuisance.

11. Prior to commencement of the use, the Permittee shall obtain and receive final approval of all required building permits, to the satisfaction of the chief Building Official.

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Packet Pg. 1202 Attachment: Attachment 3- Design Review Resolution (2691 : Vineyard Academy Christian School- Call for Review)

12. The Permittee shall indemnify, defend (with counsel of the City’s reasonable choosing), and hold harmless City and its City Council, its boards and commissions, officials, officers, employees, and agents (the “Indemnified Parties”) from and against any third party claim, action, or proceeding against City and/or the Indemnified Parties to attack, review, set aside, void, or annul the City’s approval of the project approved herein, including adoption of DR 21-009, and any environmental determination made with regard thereto. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, reasonable attorneys’ fees, and other reasonable expenses incurred in connection with such claim, action, cause of action, suit or proceeding. The Permittee shall pay to the City upon demand or, as applicable, on a monthly basis to counsel of City’s reasonable choosing, amounts owed pursuant to the indemnification requirements prescribed in this condition. City shall promptly notify the Permittee of any claim, action, or proceeding and shall engage in reasonable efforts to cooperate in the defense.

13. The Permittee shall submit an application for any future signage proposed for the project, which shall require approval of an administrative sign permit by the Community Development Department or a master sign program approved by the Planning Commission and shall be in accordance with the City’s Municipal Code.

14. Plans for all parking lot fixtures, as well as any building-mounted fixtures, must be submitted in conjunction with the photometric plan for the review and approval of the Community Development Director. All fixtures must be of a cut-off or full cut-off classification and cut-sheets allowing verification of the design must be submitted.

15. The Planning Commission shall have jurisdiction to hear any requested modifications to or enforcement of this Permit.

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Packet Pg. 1203 Attachment: Attachment 3- Design Review Resolution (2691 : Vineyard Academy Christian School- Call for Review) D.1.d
Packet Pg. 1204 Attachment: Attachment 4- Call for Review, received April 19, 2022 (2691 : Vineyard Academy Christian School- Call for Review)

STAFF REPORT

PLANNING COMMISSION REGULAR MEETING OF
APRIL 19, 2022
PREPARED BY: Crystal De Castro, Associate Planner
[email protected]
PROJECT DESCRIPTION: Item No. , A conditional use permit amendment (CUP 08-31-A4) and a design review (DR 21-009)
application for the operation of Vineyard Academy
Christian School and the construction of a modular
building for classrooms at The Rock Church.

PROJECT SIZE & LOCATION: The 5.64-acre project site is located south of Grant Street between Adams Lane and Lone Oak Road
(APN 016-040-009, 016-040-010, and 016-040-
011).

GENERAL PLAN: Semi-Public Facility (SPF)
ZONING: Single-Family Residential Estate (R-1-E)
OWNER: The Rock of Brentwood Church
APPLICANT: Mike Curtis, Principal of Vineyard Academy
Christian School
PREVIOUS ACTIONS:
 On December 2, 2003 the Planning Commission adopted Resolution No. 03-85, approving Parcel Map No. 356-03 and Variance No. 03-23 to subdivide a 6.2-acre parcel into one 15,250 square-foot lot and a remainder parcel of approximately 5.64 acres.  On June 16, 2009 the Planning Commission adopted Resolution Nos. 09-032, 09-033, and 09-034, respectively, approving a Mitigated Negative Declaration, a Conditional Use Permit (CUP 08-31), and a Design Review (DR 08-20) application authorizing the construction and operation of a 20,687 square-foot church/multi-functional building and a 3,915 square-foot parsonage on approximately 5.64 acres.  On July 20, 2010 the Planning Commission adopted Resolution No.10-046 approving a three-year time extension for CUP 08-31 (CUP 08-31-A1) and DR 08-20 (DR 08-20-A1).  On November 5, 2013, the Planning Commission adopted Resolution Nos. 13-028 and 13-029, respectively, approving an amendment to Design Review No. 08-20 (DR 08-20- A2) and Conditional Use Permit No. 08-31 (CUP 08-31-A2), reducing the size of the church/multi-functional building from 20,687 square feet to 11,237 square-feet and D.1.e
Packet Pg. 1205 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :
adding a preschool center use, while retaining the 3,915 square foot parsonage from the original approval.
 On December 16, 2014, the Planning Commission adopted Resolution Nos. 14-042 and 14-043, respectively, approving a one-year time extension for CUP 08-31 (CUP 08-31- A3) and DR 08-20 (DR 08-20-A3).
 On March 11, 2021, the Zoning Administrator approved Resolution 19-001 approving a tentative map (MS 351-19) to subdivide the 5.64 acre site into three parcels (APN 016- 040-009, 016-040-010, and 016-040-011) for The Rock Church.

BACKGROUND:

In June 2009, the Planning Commission approved a design review (DR 08-20) and conditional use permit (CUP 08-31) for the development of a 20,687 square-foot church/multi-functional building (the “building”) situated at towards the west end of the site. The building was proposed to function as a gymnasium, assembly space, classroom space, nursery, coffee lounge, with offices on the first floor and conference rooms on the second floor. The approval also included a 3,915 square-foot parsonage situated at the extreme east end of the site that contained three separate living units. These units would serve as a residential buffer between the church site and the existing single-family residences to the east. It should also be noted that the project plans also indicated a future phase intended for an assembly building with a footprint of up to 22,500 square feet to be located within a vacant area between the church building and parsonage. This future phase was not part of the approved project and the timing of this phase was unknown and would have required a separate design review submittal and an amendment of the conditional use permit, at a minimum.

In July 2010, a three-year time extension request was granted by the Planning Commission, for the design review and conditional use permit approvals.

In November 2013, the Planning Commission approved an amendment to the design review (DR 08-20-A2) and conditional use permit (CUP 08-31-A2) to decrease the size of the building from 20,687 square-feet to 11,237 square feet, while retaining the approval for the parsonage.

Additionally, the CUP amendment added the operation of a preschool center. The CUP amendment did not provide any other limitations to the preschool, such as classroom size or maximum enrollment capacity, though the staff report associated with the approval specified the preschool would be available from 6:00 a.m. to 6:00 p.m. Monday through Friday within the church building and would double as a nursery on Sunday mornings during church services.

In December 2014, a one-year time extension was granted by the Planning Commission and in 2016, the construction of the building was completed. The parsonage has not yet been constructed.

The preschool center, known as Little Scholars Preschool and Day Care, began operation in 2016 but closed in early 2021 as a result of the COVID-19 pandemic. The preschool was subsequently replaced with Vineyard Academy Christian School, a private K-8 th grade school, in
August 2021. Staff determined that Vineyard Academy Christian School could operate in the existing building under the same conditions of approval as the originally approved preschool (CUP 08-31-A2) but informed the applicant that if there were concerns pertaining to parking, traffic, or other impacts, an amendment to the conditional use permit would be required. The proposed CUP amendment and design review application being proposed will establish design D.1.e
Packet Pg. 1206 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :
standards for the construction of a new modular building for classrooms and clarify the overall operational standards for the K-8
th grade school with respect to the school hours, maximum enrollment, and traffic measures during drop off and pick up times.

PROJECT DESCRIPTION:

The subject site is approximately 5.64 acres, located south of Grant Street between Adams Lane and Lone Oak Road at The Rock of Brentwood church property.

Surrounding Land Uses
North: Grant Street and Single Family Residential- Prewett Ranch subdivision beyond South: Vacant land zoned Single Family Residential (R-1-E) East: Future parsonage site for the Rock Church, with Lone Oak Road and Single-Family Residential beyond
West: Adams Lane and Marsh Creek Elementary School and Blue Goose Park beyond Project location
Detailed Project Description
Mike Curtis, the applicant and the Principal of Vineyard Academy Christian School, is requesting approval of a conditional use permit amendment (CUP 08-31-A4) to continue operation of Vineyard Academy Christian School, a private Christian school for grades K-8 th at The Rock
Church. The school hours are from 9:00 a.m. to 2:00 p.m. Monday through Friday, generally from mid-August to late May, with drop off and pick up times approximately 30 minutes before and after school hours. The school includes a maximum of 160 students and 14 staff members.

The application also includes a design review (DR 21-009) request for the construction of a 3,260 square foot modular building east of the existing church building. The modular building includes six classrooms, a 390 square foot restroom, a 1,491 square foot deck, and related improvements. The school proposes to occupy both the existing building and the proposed modular building for the existing 160 students and 14 staff members to provide more space for daily operations.

New modular
building site
Existing church building
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Packet Pg. 1207 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :

ANALYSIS:

General Plan Consistency
The subject site has a General Plan designation of Semi-Public Facility (SPF). This designation applies to land areas reserved for privately owned uses that serve the community. These uses include religious assembly facilities, golf courses, and other privately owned recreations facilities, private schools, and day care centers. The proposed project is a private school proposed within an existing site previously approved for a religious assembly facility known as The Rock Church. As demonstrated in the table below, the project is consistent with the General Plan.

General Plan Requirement Is the project consistent?
Goal LU 2. Establish and maintain
residential neighborhoods as safe and
attractive places to live with convenient
access to commercial services,
recreational facilities, employment
opportunities, public services, and other
destinations
Yes. The project is within the existing church
building and the new modular building will be
complementary and compatible in design and
will be improved with required landscape and
screening materials. The site provides
convenient access to recreational facilities such
as Blue Goose Park located west of the site.

Policy LU 2-5. Encourage neighborhood
development that includes convenience
commercial uses and school uses, but
restrict the amount of retail strip
development and ensure that commercial
development is well integrated into the
community.

Yes. The project is situated within an existing
development and includes a school use well
integrated into the community and adjacent to
several residential neighborhoods to the north,
south, east, and west.

Goal CSF 5. Enhance the quality of life for
all city residents through the provision of
cultural and social resources including
quality schools, libraries, medical, and
other community services and facilities.

Yes. The project will enhance the quality of life
for City residents by providing a cultural and
social resource consistent with the goal of
providing quality and diverse educational
opportunities on a site designated Semi-Public
Facility, which envisions private schools among
other uses.

Zoning Consistency
The project site is zoned Single-Family Residential Estate (R-1-E), which allows for the development of larger-lot single-family residential uses (BMC Chapter 17.120). The R-1-E zoning district allows parochial and private schools as conditionally permitted uses incorporating by reference the conditionally allowed uses in the Ranchette Estate (RE) zone (BMC Section

17.110.003).

The proposed use is a K-8
th grade private school that is compatible with the other uses in the surrounding area. The design of the modular building conforms to the R-1-E development standards as provided in the following table:

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Packet Pg. 1208 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :

Development Standards
R-1-E
Proposed Modular
Building (approx.)
Minimum front yard setback 20 feet 477 feet
Minimum side yard setback
10 feet, the sum of both
sides 25 feet 28 feet 6 inches
Minimum rear yard setback 30 feet 334 feet
Maximum Building Height 30 feet 14 feet
Site Plan and Parking
The school will continue to occupy the existing building and will also utilize the new 3,260 square foot modular building to provide more space for staff, students, and various instructional activities. The modular building would be located on approximately 20,000 square feet directly east of the rear parking lot within an undeveloped area of the project site. There are a total of 87 on-site parking spaces, all of which are full-size with six handicap-accessible spaces, situated on each side of the existing building. Section 17.620.012 of the Brentwood Municipal Code requires schools, grades K-8
th
, to have two and one half spaces for each classroom. A total of 11 classrooms are proposed (five classrooms within the church building and six classrooms in the modular building) which requires a total of 28 parking spaces. Therefore, the existing parking spaces exceed the required amount by 59 parking spaces. As a result, no spaces are proposed to be added on-site as part of this application. Additionally, as provided in section

17.620.012(S)(5)(a) of the Municipal Code, a reduction in the total number of parking spaces in any place of assembly may be reduced in the amount of any space otherwise required for a school. It is not anticipated that the proposed use would have a significant impact on parking.

Circulation
Vehicular access is provided via a driveway on Adams Lane along the southerly edge of the project site. The Adams Lane driveway was designed to line up with the exit-only driveway from the Marsh Creek Elementary School parking lot on the west side of Adams Lane, as envisioned by Commercial and Industrial Design Guideline 11(a). Prior to Vineyard Academy operating on the site, The Rock Church parking lot was informally utilized by the public, typically during Marsh Creek Elementary drop-off and pick-up times. When Vineyard Academy began operation in August 2021, the parking lot was closed to the public and similar drop-off and pick-up times resulted in traffic queues onto Adams Lane and the City received one complaint related to the traffic queues. Soon after, and in order to minimize conflicts with the Marsh Creek Elementary School, Vineyard Academy Christian School staggered its school hours to begin one hour later and end one hour earlier than Marsh Creek Elementary. They also implemented a traffic circulation plan within the on-site parking lot at The Rock Church. As part of the circulation plan, a Vineyard Academy Christian School staff member directs and facilitates the flow of vehicles entering and exiting the parking lot during school pick-up and drop-off times. This appears to have completely alleviated traffic concerns identified during the first part of the school year in August 2021. A circulation map is attached to this report illustrating the vehicle circulation pattern.

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City staff visited the site on various occasions during peak hours in 2021, and since these measures were implemented, has found that the staggered school hours and circulation plan has avoided traffic conflicts during drop-off and pick-up times and vehicle queuing onto Adams Lane. Additionally, City staff from Engineering, Community Enrichment, and the Police Department have verified that no complaints or concerns have been received related to traffic since these measures were implemented. In the future, if there is a concern regarding parking, circulation, or any other impact, a draft condition of approval is included to allow for review of the permit by the Community Development Department, or if needed, return to the Planning Commission for additional conditions or even revocation of the permit.

Pedestrian circulation is provided via the existing sidewalks on Adams Lane and Grant Street. A paved path also runs along the center length of the site on either side of the church building on the west and east parking lot. The path is composed of a decorative concrete walkway that includes a surface with varied texture to increase the awareness of drivers crossing the main pedestrian link. The path leads to an opening in the perimeter fencing that encloses the location of the proposed modular building and playground area.

Fencing/Screening
An existing six-foot high wood fence separates the eastern edge of the rear parking lot from the undeveloped area of the property where the modular building is proposed. Although no walls or fences are expressly required by the Brentwood Municipal Code, a six-foot high good neighbor fence is proposed along the perimeter of the modular building and the open play area.

Additional screening is proposed with 15-gallon trees along the perimeter of the good neighbor fence to help soften views from Grant Street as well as the properties along the eastern and southern boundaries.

Architecture
The proposed modular building is an acceptable design with approaches identified in the City’s Commercial and Industrial Design Guidelines (Building Design Guidelines Section 1). The design of the Project relates harmoniously to the existing church, which is the other facility in the immediate area in that the school building is rectangular in shape with a gable roof reaching a maximum height of 14 feet. The colors and materials proposed have been carefully considered to blend in with the existing facility on the Project Site as the modular building includes complementary tan colors, consistent with the existing church building. A light tan color is provided to highlight the gable eaves, gutters, and window trim (Building Design Guideline 10).

The plans do not specify the depth of the window trim, but a condition of approval requires the window trim elements to project at least two inches from the building wall. As envisioned by Building Design Guideline 1(c) (“the use of awnings and trellises is strongly encouraged”); accordingly, a landscaped trellis with stucco column, at approximately 10 feet in height, enhances the entryway, establishing a visual focal point on the west elevation. An overhead landscaped trellis is also provided on the eastern portion of the building to provide interior shading for the central deck. The colors, materials, and design elements of the proposed project are consistent and compatible with the surrounding environment.

Peer Review Comments
The City’s peer review architect, Larry Cannon, provided comments on the initial design submittal, which are attached to the staff report for the Commission’s review. Generally, Mr.

Cannon’s comments indicated the design would be compatible by adding lattices and trellis D.1.e
Packet Pg. 1210 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :
features to the modular building, consistent with the existing church building and parking lot.

The applicant’s current architectural plan submittal substantially incorporates the suggestions of Mr. Cannon into the project plans. The design of the building offers architectural elements, such as similar colors and trellises, to achieve variety in the building massing, consistent with and complementary to the existing church building.

Landscaping
The preliminary landscape plan includes a total of 22 African Sumac trees positioned around the perimeter of the fence to provide shade and additional screening. The building and interior grassy play area will be enclosed within a six-foot high wood good neighbor fence and the trellis features include climbing grape vines. The proposed landscaping will be compatible with the design and the existing site, which has a significant amount of landscaping, including a wide variety of trees, low flowering shrubs, perennials and vines. A draft condition of approval requires the applicant to maintain the area surrounding the use, including the sidewalk, landscaping, and parking areas, in a clean and orderly manner at all times.

Lighting
The only lighting proposed in conjunction with this application are building mounted mini wall pack lights. These fixtures are required to be shielded and downward facing. A condition of approval is included that requires all building-mounted lighting fixtures be of a cut-off classification, shown with a site photometric plan and lighting cut sheets prior to issuance of a building permit.

Signage
There are no signs included in this review, however, prior to the manufacture and installation of any future signage, the applicant will be required to apply for and receive approval of a sign permit through the Community Development Department.

CONDITIONAL USE PERMIT
Vineyard Academy Christian School proposes to operate on-site with a maximum of 160 students in grades K-8
th. The school hours are from 8:30 a.m. to 2:30 p.m. Monday through Friday. As mentioned previously, parochial and private schools are specifically listed as being conditionally permitted within the R-1-E, zone (through its incorporation of the RE conditional uses).

In accordance with Section 17.830.005 of the Brentwood Municipal Code, a conditional use permit may be granted only if the proposal conforms to all of the following general criteria, as well as to all other applicable specific criteria:

A. The location, size, design and operating characteristics of the proposed development must be compatible with and must not adversely affect the livability of appropriate development of abutting properties and the surrounding neighborhood. Consideration shall be given, but shall not be limited to:

D.1.e
Packet Pg. 1211 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :

1. Harmony in scale, bulk, coverage and density:

Landscaping improvements are included which will enhance the site.

The Project Site is zoned Single-Family Residential Estate (R-1-E), which allows for the development of larger-lot single-family residential uses (BMC Section

17.120). The R-1-E zoning district specifically lists parochial and private schools as conditionally permitted uses by reference to the conditionally permitted uses included in the Ranchette Estate (RE) zone (BMC Section 17.110.003).

The proposed use is a K-8 private school that will be complementary to the other uses in the surrounding area. The design of the modular building conforms to the R-1-E development standards as provided in the following table:

2. The availability of public facilities and utilities:

The project site is served by the appropriate public facilities and utilities, including water, sewer, garbage, and electricity needed to serve the proposed use.

3. The harmful effect, if any, upon desirable neighborhood character or the planned specialization of retail, commercial or community service areas:

The school will operate within the existing church building, as well as within a new modular building on the eastern half of the project site, which is currently undeveloped. There would be no harmful effect upon the desirable neighborhood character in that the enrollment capacity will continue to be 160, traffic circulation and flow are subject to conditions herein, including the use of a school traffic director to ensure that traffic on Adams Lane is not impacted, and the proposed modular building is compatible and complementary to the D.1.e
Packet Pg. 1212 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :
surrounding area and conforms to the City’s Commercial and Industrial Design Guidelines, as conditioned.

4. Generation of traffic and the capacity of surrounding streets:

The private school includes staggering drop-off and pick-up hours, as well as a circulation plan to avoid traffic conflicts with Marsh Creek Elementary School and vehicle queuing onto Adams Lane. A condition of approval requires the school to continue to stagger its hours of operation with Marsh Creek Elementary School, as well as maintain staff members to direct on-site traffic within the school’s parking lot during school pick-up and drop-off times. If a concern arises regarding parking or circulation, a condition of approval provides for review of the permit by the Community Development Department, or if needed, return to the Planning Commission for additional conditions or even revocation of the permit.

5. Any other relevant impact of the development:

B. The location, design, landscaping and screening, and overall site planning of the proposed development will provide an attractive, useful and convenient living, working, shopping or community-service area:

Based upon the above, the project adheres to the criteria required to approve a conditional use permit and, if approved by the Commission, will be considered consistent with the General Plan and R-1-E zoning designation.

PUBLIC COMMENTS:

The City published a public hearing notice in the Brentwood Press and mailed it to property owners within 300 feet of the site on April 8, 2022, noticing the public hearing for this project. In addition, the project site was posted with the required signage along Adams Lane and Grant Street. As of April 11, 2022, a total of 20 comments were received prior to the publication of this report in support of the project. These comments are attached to this report.

ENVIRONMENTAL DETERMINATION:

A mitigated negative declaration was prepared for the original project approval in 2009 in accordance with the requirements of the California Environmental Quality Act (CEQA) and the D.1.e
Packet Pg. 1213 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :
impacts of the proposed project fall within the scope of the original MND. A CEQA consistency analysis for the proposed project was prepared by De Novo Planning Group on December 15, 2021. The analysis found that the proposed project would not create any impacts beyond those anticipated in connection with the original project. Therefore, the previously-approved mitigated negative declaration remains valid and, pursuant to CEQA Guidelines Section 15162, which identifies the requirements for which subsequent analysis, no further environmental review is required. All mitigation measures not addressed by the standard conditions of approval have been included as recommended project conditions of approval.

RECOMMENDATION:

Adopt Resolution Nos. 22-002 and 22-003 respectively approving an amendment to Conditional Use Permit No. 08-31 (CUP 08-31-A4) and approving Design Review No. 21-009 as conditioned.

Attachments:

CUP Resolution No. 22-002
CUP Resolution No.22-002 Exhibit B: CEQA Analysis prepared by De Novo Planning Group, December 15, 2021
DR Resolution No. 22-003
Project description - dated January 19, 2022
Project Plans - Prepared by Stirling Architects, Incorporated received December 16, 2021 Circulation Map
Public comments as of April 12, 2022
Comments from Architecutral Peer Reviewer Larry Cannon
2009 IS MND Rock of Brentwood
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PLANNING COMMISSION RESOLUTION NO. 22-002

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BRENTWOOD APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 08-31 (CUP 08- 31-A4) TO AUTHORIZE THE OPERATION OF VINEYARD ACADEMY CHRISTIAN SCHOOL LOCATED AT 1770 ADAMS LANE WITHIN THE ROCK OF BRENTWOOD CHURCH (APNs 016-040-009, 016-040-010, and 016-040-011).

Page 2 of 8 ends

that serve the community such as religious assembly facilities and private schools such as Vineyard Academy Christian School, as established in 2014 Brentwood General Plan; and WHEREAS, the Project Site is located within the Single Family Residential Estate (R-1- E) zoning district; wherein private schools such as Vineyard Academy Christian School are conditionally permitted, per Brentwood Municipal Code Section 17.7.110.003(C); and WHEREAS, the City of Brentwood published a public hearing notice in the Brentwood Press and mailed it to all property owners within 300 feet of the site on April 8, 2022, and the Permittee also posted the Project Site with the required signage in accordance with City policies and Government Code Section 65090; and
WHEREAS, the Planning Commission of the City of Brentwood adopted a Mitigated Negative Declaration (“MND”) for the original project approval in 2009 in accordance with the requirements of the California Environmental Quality Act (CEQA). As further set forth below, the Project is consistent with the previously certified MND, with no new significant impacts and requires no further environmental review; and
WHEREAS, the Planning Commission considered this conditional use permit amendment application at its regular meeting of April 19, 2022, and considered the staff report, all accompanying information, and testimony received from the Permittee and other interested parties.

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

A. As set forth in the accompanying memorandum prepared by DeNovo Planning (Exhibit B), the Planning Commission hereby finds that the requested amendment to Conditional Use Permit No. 08-31 (CUP 08-31-A4) involves no (1) substantial changes in the Project which will require major revisions of the previous MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken which will require major revisions of the previous MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous MND was adopted, that shows that (A) the Project will have one or more significant effects not discussed in the previous MND; (B) significant effects previously examined will be substantially more severe than shown in the previous MND; (C) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the Project proponents decline to adopt the mitigation measure or alternative; or (D) mitigation measures or alternatives which are considerably different from those analyzed in the previous MND would substantially reduce one or more significant effects on the environment, but the Project proponents decline to adopt the mitigation measure or alternative. Therefore, per 14 CCR § 15162, D.1.e
Packet Pg. 1216 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :

Page 3 of 8 ends

no additional environmental review is necessary for the requested amendment for Conditional Use Permit No. 08-31 at this time.

1. The harmony in scale, bulk, coverage, and density.

The14 foot height of the building is in keeping with the overall height of nearby residential homes and the adjacent church building.

Landscaping improvements are included which will enhance the site.

17.110.003).

D.1.e
Packet Pg. 1217 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :

Page 4 of 8 ends

2. The availability of public facilities and utilities.

The Project Site is served by the appropriate public facilities and utilities, including water, sewer, garbage, and electricity needed to serve the proposed use.

3. The harmful effect, if any, upon desirable neighborhood character or the planned specialization of retail, commercial, or community service areas.

4. Generation of traffic and the capacity of surrounding streets.

The private school includes staggering drop-off and pick-up hours, as well as a circulation plan to avoid traffic conflicts with Marsh Creek Elementary School and vehicle queuing onto Adams Lane.

A condition of approval requires the school to continue to stagger its hours of operation with Marsh Creek Elementary School, as well as maintain staff members to direct on-site traffic within the school’s parking lot during school pick-up and drop-off times. If a concern arises regarding parking or circulation, a condition of approval provides for review of the permit by the Community Development Department, or if needed, return to the Planning Commission for additional conditions or even revocation of the permit.

5. Any other relevant impact of the development.

D.1.e
Packet Pg. 1218 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :

Page 5 of 8 ends

CUP 08-31-A3 remains in full force and effect except to the extent expressly superseded by this Resolution and/or any condition of approval approved herein.

This permit shall terminate on April 19, 2023, unless actual construction or alteration under valid permits, or actual commencement of the authorized activities begins prior to that date.

However, such period of time may be extended by the Planning Commission upon the filing of an extension request at any time before said period expires.

The above actions are final unless an appeal is filed pursuant to Chapter 17.880 of the Brentwood Municipal Code within ten (10) calendar days following Planning Commission action.

ADOPTED by the Planning Commission of the City of Brentwood at its regular meeting on April 19, 2022, by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

APPROVED:

Dirk Ziegler
Planning Commission Chairperson
ATTEST:

Erik Nolthenius
Planning Manager
D.1.e
Packet Pg. 1219 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :

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EXHIBIT "A" TO
PLANNING COMMISSION RESOLUTION NO. 22-002

CONDITIONS OF APPROVAL FOR VINEYARD ACADEMY CHRISTIAN SCHOOL CONDITIONAL USE PERMIT NO. 08-31-A4

1. Each and every condition of approval set forth in CUP 08-31-A3 shall continue to apply in full force and effect and shall be supplemented by the following, unless expressly superseded herein.

6. The school operational hours shall be limited to 8:30 a.m. to 2:30 p.m. Monday through Friday, generally from mid-August to late May, subject to minor deviations in the instructional calendar.

7. The Permittee shall avoid simultaneous school drop off and pick up times with the hours of Marsh Creek Elementary school by staggering their hours of operation per instructional calendar year.

8. Minor changes to the hours of operation may be allowed subject to the approval of the Community Development Director if found to be in substantial conformance with the General Plan.

D.1.e
Packet Pg. 1220 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :

Page 7 of 8 ends

10. The Permittee shall continuously implement a vehicle circulation plan to direct the flow of traffic from Adams Lane into the parking lot to avoid vehicle queuing onto Adams Lane.

12. School activities and authorized church operations shall avoid conflicts related to traffic circulation and parking.

City shall promptly notify the Permittee of any claim, action, or proceeding and shall engage in reasonable efforts to cooperate in the defense.

D.1.e
Packet Pg. 1221 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :

Page
8 of 8
EXHIBIT "B"
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Packet Pg. 1222 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :

D e N o v o P l a n n i n g G r o u p
A L a n d U s e P l a n n i n g , D e s i g n , a n d E n v i r o n m e n t a l F i r m December 15, 2021
Crystal De Castro, Associate Planner
City of Brentwood Community Development Department
150 City Park Way
Brentwood, CA 94513
SUBJECT: CEQA Consistency Analysis for the Proposed Vineyards Academy Project Dear Ms. De Castro:

D E N O V O P L A N N I N G G R O U P
1020 SUNCAS T LANE , SUIT E 106, E L DORADO HI LLS , CA 95 762 brit c hie@denovoplanning . c om | ( 916) 949- 3231
D.1.e
Packet Pg. 1223 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :

To: M s . C r y s t a l D e Ca s t r o
S u b je c t : C E Q A C o n s i s t e n c y A n al y s i s f o r t h e V i n e ya r d s A c a de m y P r oj e c t D a t e : D e c e m be r 1 5 , 2 0 21

The site plan for the proposed project is shown on Figure 2. The proposed portable buildings are located within the same general footprint and area of disturbance analyzed in the 2009 IS/MND.

The 2009 IS/MND determined that the original project may have a potentially significant impact related to the creation of new sources of nighttime lighting. The proposed project would have similar levels of new nighttime lighting (parking lot and building security lighting) as the original project. The 2009 IS/MND requires the implementation of Mitigation Measure I-1, which requires that new lighting be shielded, directed downward, and that a lighting plan shall be prepared and approved. This mitigation measure D.1.e
Packet Pg. 1224 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :

To: M s . C r y s t a l D e Ca s t r o
S u b je c t : C E Q A C o n s i s t e n c y A n al y s i s f o r t h e V i n e ya r d s A c a de m y P r oj e c t D a t e : D e c e m be r 1 5 , 2 0 21

Biological Resources
Potential impacts to biological resources can occur as a result of ground disturbing activities that alter the natural condition of the land. Given that the proposed project and the original project would result in the same area and location of ground disturbance, the potential impacts related to this environmental topic would be the same, and there would be no additional impacts to biological resources beyond those analyzed in the 2009 IS/MND. The 2009 IS/MND includes Mitigation Measures IV-4 through IV-8, which require a range of biological mitigation measures, including protocol level surveys for special status species, avoidance of trees within nesting raptors, pre-construction surveys, and avoidance of protected D.1.e
Packet Pg. 1225 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :

To: M s . C r y s t a l D e Ca s t r o
S u b je c t : C E Q A C o n s i s t e n c y A n al y s i s f o r t h e V i n e ya r d s A c a de m y P r oj e c t D a t e : D e c e m be r 1 5 , 2 0 21

No additional analysis is required.

Given that the proposed project is on the same project site, none of these determinations would change.

The 2009 IS/MND also determined that the originally proposed project would not require the use or storage of hazardous materials onsite. Similarly, the proposed project would not require the use or storage of hazardous materials, as such materials are not used in a school setting. The only potentially significant impact related to this environmental topic identified in the 2009 IS/MND relates to the demolition of an existing, unused storage shed. The contents of this shed were unknown, and there is the potential that asbestos materials are present in the shed, or that chemicals are (or were) stored in the D.1.e
Packet Pg. 1226 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :

To: M s . C r y s t a l D e Ca s t r o
S u b je c t : C E Q A C o n s i s t e n c y A n al y s i s f o r t h e V i n e ya r d s A c a de m y P r oj e c t D a t e : D e c e m be r 1 5 , 2 0 21

These mitigation measures shall apply to the proposed project, and would ensure that no new or additional impacts related to this environmental topic would occur. No additional analysis is required.

Noise
As described in the 2009 IS/MND project construction activities have the potential to result in temporary short-term noise impacts to nearby sensitive receptors. The proposed project would result in a similar level of site grading and ground disturbing activities as the original project. However, it is noted that construction activities under the proposed project are anticipated to be shorter and generate less noise than the original project, due to the fact that the portable buildings would not be constructed onsite. The 2009 IS/MND also noted the potential for the original project to expose the existing residences located to the east of the project site to noise levels in excess of adopted City standards. The proposed project is anticipated to generate similar noise levels as the original project, due to the similar nature of the proposed uses. Mitigation Measure XI-28 requires the construction of a six-foot tall barrier between the D.1.e
Packet Pg. 1227 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :

To: M s . C r y s t a l D e Ca s t r o
S u b je c t : C E Q A C o n s i s t e n c y A n al y s i s f o r t h e V i n e ya r d s A c a de m y P r oj e c t D a t e : D e c e m be r 1 5 , 2 0 21

No additional analysis is required.

Transportation and Circulation
The 2009 IS/MND did not identify any specific potentially significant impacts related to transportation and circulation from the original project, but included Mitigation Measures XV-38 through XV-40, which require the payment of fair share traffic impact fees. The proposed project would also be required to pay all applicable traffic impact mitigation fees. The City of Brentwood has imposed specific traffic control and operational requirements on the proposed project in order to ensure that congestion and safety impacts do not occur during school drop off and pickup times. For example, the project is restricted to a “right in, right out” entrance/exit on to Adams Lane. Additionally, the project applicant (the proposed school operator) has agreed to stagger drop off and pick-up times with those conducted by the nearby Marsh Creek Elementary School in order to avoid an overconcentration of vehicles in the area at any D.1.e
Packet Pg. 1228 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :

To: M s . C r y s t a l D e Ca s t r o
S u b je c t : C E Q A C o n s i s t e n c y A n al y s i s f o r t h e V i n e ya r d s A c a de m y P r oj e c t D a t e : D e c e m be r 1 5 , 2 0 21

D E N O V O P L A N N I N G G R O U P
1 0 2 0 S U N C A S T LA NE , S U IT E 1 0 6 , E L D O RA D O H I LLS , C A 9 5 7 6 2 b r i t c h i e@ d e n o vo p l a n n i n g . c om | ( 9 1 6 ) 9 4 9- 3231 7 given time. The proposed project would not result in any new or more severe transportation and circulation related impacts than the originally proposed project, and no additional analysis is required.

No additional analysis is required.

D.1.e
Packet Pg. 1229 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :
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D.1.e
Packet Pg. 1230 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :

VINEYARD ACADEMY
1770 ADAMS LANE, BRENTWOOD, CA
10/28/2021

S T I R L I N G
1145 Second St. Suite 188
Brentwood, CA 94513
Tel: (925) 634-0095
Fax: (925) 226-4816
ARCHITECTS IN C.

NORTH
SCALE: 1/16" = 1'-0"
SITE PLAN 0 4' 16'8' 32'
CLASS ROOMS: 2,880 SQ. FT.

DECK: 1,491 SQ. FT.

RESTROOMS: 380 SQ. FT.
87 PARKING SPACES
Figure 2- Proposed Site Plan
D.1.e
Packet Pg. 1231 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 : Vineyard Academy Christian School- Call for Review) PLANNING COMMISSION RESOLUTION NO. 22-003

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BRENTWOOD APPROVING A DESIGN REVIEW (DR 21-009) TO AUTHORIZE THE CONSTRUCTION OF A 3,260 SQUARE FOOT MODULAR BUILDING FOR THE VINEYARD ACADEMY CHRISTIAN SCHOOL LOCATED AT 1770 ADAMS LANE (APN 016-040-010).

WHEREAS, the City of Brentwood published a public hearing notice in the Brentwood Press and mailed it to all property owners within 300 feet of the site on April 8, 2022 and the Permittee also posted the Project Site with the required signage in accordance with City policies and Government Code Section 65090; and
WHEREAS, the Planning Commission of the City of Brentwood adopted a Mitigated Negative Declaration (“MND”) for the original project approval in 2009 in accordance with the requirements of the California Environmental Quality Act (CEQA). The Project is consistent with the previously certified MND, with no new significant impacts and requires no further environmental review; and
WHEREAS, the Planning Commission considered this design review application at its regular meeting of April 19, 2022, and considered the staff report, all accompanying information, and testimony received from the Permittee and other interested parties.

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

A. Hereby finds that:

The overall effect of the Project will present a well-composed urban design in that a lighter tan color is provided to highlight the gable eaves, gutters, trim boards, and window trim. The plans do not specify the depth of the window trim, but a condition of approval requires the window trim elements to project at least two inches from the building wall. A landscaped trellis with climbing grape vines, at approximately 10 feet in height, enhances the entryway establishing a visual focal point on the west elevation. An overhead trellis is also provided on the eastern portion of the building to provide interior shading for the central deck. The colors, materials, and design elements of the Project is consistent and compatible with the surrounding environment.
ii. Elements of design which have significant relationship to the exterior appearance of structures and facilities shall be given special consideration; these elements include but are not limited to height, arrangement on the site, texture, lighting, material, color, signs, landscaping, size, bulk and scale, and appurtenances.

D.1.e
Packet Pg. 1233 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :

Development of the Project represents a significant investment in the property. The change from an undeveloped portion of the Project Site to a school use will generate employment and provide an institutional service to the community. As analyzed above, the quality of the building design is also reflective of and appropriate to and serves the commercial developments within nearby centers and neighborhoods as it is consistent with the City’s Municipal Code and Commercial and Industrial Design Guidelines. iv. Where the proposed development is located in an area for which a specific plan, planned development, neighborhood plan or precise plan has been adopted by the city council, the design of the development shall conform in all significant respects with such plans.

The Project Site is zoned Single-Family Residential Estate (R-1-E), which allows for the development of larger-lot single-family residential uses (BMC Section 17.120). The R-1-E zoning district specifically lists private and parochial schools as conditionally permitted by reference to the conditional uses allowed in the Ranchette Estate (RE) zone (BMC Section 17.110.003).

D.1.e
Packet Pg. 1234 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :

The school will continue to occupy the existing building and will also utilize the new 3,260 square foot modular building to provide more space for staff, students, and various instructional activities. The modular building would be located on approximately 20,000 square feet directly east of the rear parking lot within an undeveloped area of the project site. There are a total of 87 onsite parking spaces, all of which are full-size with six handicap-accessible spaces, situated on each side of the existing building. Section 17.620.012 of the Brentwood Municipal Code requires schools, grades K-8 th
, to have two
and one half spaces for each classroom. A total of 11 classrooms are proposed (five classrooms within the church building and six classrooms in the modular building) which requires a total of 28 parking spaces. Therefore, the existing parking spaces exceed the required amount by 59 parking spaces. As a result, no spaces are proposed to be added on-site as part of this application. Additionally, as provided in section 17.620.012(S)(5)(a) of the Municipal Code, a reduction in the total number of parking spaces in any place of assembly may be reduced in the amount of any space otherwise required for a school. It is not anticipated that the proposed use would have a significant impact on parking.

Although no walls or fences are expressly required by the Brentwood Municipal Code, a six-foot high good neighbor fence is proposed along the perimeter of the modular building and the open play area. Additional screening is proposed with 15-gallon trees (22 African Sumac trees) along the perimeter of the good neighbor fence to help soften views from Grant Street as well as the properties along the eastern and southern boundaries.

A draft condition of approval requires the applicant to maintain the area surrounding the use, including the sidewalk, landscaping, and parking areas, in a clean and orderly manner at all times.

D.1.e
Packet Pg. 1235 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :

D.1.e
Packet Pg. 1236 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :
vi. The site development criteria set forth in Section 17.820.008.

The siting and internal arrangement of all structures and circulation, parking and loading, lighting, access, landscape, hardscape, and utility facilities on the site are conducive to an orderly, attractive, efficient, and harmonious development. The modular building is located on approximately 20,000 square feet directly east of the rear parking lot within an undeveloped area of the project site. There are a total of 87 on-site parking spaces, all of which are full-size with six handicap-accessible spaces, situated on each side of the existing building. A total of 28 parking spaces are required; therefore, the existing spaces exceed the required amount by 59 spaces. Vineyard Academy Christian School staggered its school hours to begin one hour later and end one hour earlier than Marsh Creek Elementary and implemented a traffic circulation plan within the on-site parking lot at The Rock Church in which a staff member directs and facilitates the flow of vehicles entering and exiting the parking lot during school pick-up and drop-off times to avoid queues on Adams Lane. . Pedestrian circulation is provided via the existing sidewalks on Adams Lane and Grant Street. A paved path also runs along the center length of the site on either side of the church building on the west and east parking lot. The path is composed of a decorative concrete walkway that includes a surface with varied texture to increase the awareness of drivers crossing the main pedestrian link. The path leads to an opening in the perimeter fencing that encloses the location of the proposed modular building and playground area. The trellis feature include climbing grape vines for shade and 22 African Sumac trees positioned around the perimeter of the fence will also provide shade and additional screening.

The proposed modular building is an acceptable design with approaches identified in the City’s Commercial and Industrial Design Guidelines (Building Design Guidelines Section 1). The design of the Project relates harmoniously to the existing church, which is the other facility in the immediate area in that the school building is rectangular in shape with a gable roof reaching a maximum height of 14 feet. The colors and materials proposed have been carefully considered to blend in with the existing facility on the Project Site as the modular building includes complementary tan colors, consistent with D.1.e
Packet Pg. 1237 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :
the existing church building. A light tan color is provided to highlight the gable eaves, gutters, and window trim (Building Design Guideline 10). The plans do not specify the depth of the window trim, but a condition of approval requires the window trim elements to project at least two inches from the building wall. As envisioned by Building Design Guideline 1(c) (“the use of awnings and trellises is strongly encouraged”). Accordingly, the Project includes a landscaped trellis with stucco column, at approximately 10 feet in height, enhances the entryway, establishing a visual focal point on the west elevation. An overhead landscaped trellis is also provided on the eastern portion of the building to provide interior shading for the central deck. The colors, materials, and design elements of the proposed project are compatible with the surrounding environment and consistent with the City’s Design Guidelines.
viii. All applicable regulations of the zoning ordinance and other city ordinances, policies or resolutions.

The proposed project as conditioned is consistent with the General Plan r-1-E land use designation and conforms to the applicable zoning standards, as follows:

Additionally, 87 parking spaces are provided where only 28 parking spaces are required for the proposed use.

This action is final unless an appeal is filed pursuant to Chapter 17.880 of the Brentwood Municipal Code within ten (10) calendar days following Planning Commission action.

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Packet Pg. 1238 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :

ADOPTED by the Planning Commission of the City of Brentwood at its regular meeting of April 19, 2022, by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

APPROVED
Dirk Ziegler
Planning Commission Chairperson
ATTEST:

Erik Nolthenius
Planning Manager
D.1.e
Packet Pg. 1239 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :

EXHIBIT “A” TO
PLANNING COMMISSION RESOLUTION NO. 22-003

CONDITIONS OF APPROVAL FOR VINEYARD ACADEMY CHRISTIAN SCHOOL DESIGN REVIEW NO. 21-009

5. The Permittee shall obtain a building permit prior to the commencement of any construction work.

6. The building construction drawings shall indicate that any rooftop equipment is screened to the satisfaction of the Community Development Director prior to building permit issuance.

7. The building plan submittal shall indicate the roof color and material shall match the existing church building and the window trims shall project a minimum of two inches from the building wall.

9. All landscaping ad fencing as depicted in the plans shall be completed prior to the initiation of the operation of use.

10. Adequate capacity for waste or refuse disposal shall be provided and shall be properly disposed and removed regularly so as not to become a nuisance.

11. Prior to commencement of the use, the Permittee shall obtain and receive final approval of all required building permits, to the satisfaction of the chief Building Official.

D.1.e
Packet Pg. 1240 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :

D.1.e
Packet Pg. 1241 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :

Vineyard Academy 1770 Adams Lane, Brentwood CA 94513 Office: (209)715-0014 To: Crystal De Castro - City of Brentwood Planning Department From : Mike Curtis - Vineyard Academy
Date : 1/19/2022
re: AMD21-011 (CUP08-31 A2 and DR21-009)
Hi Crystal,
Here is our revised project description:

We are asking for the existing use permit for The Rock Church to be amended to allow Vineyard Academy to operate a private K-8 school at the property with two portable classrooms added.

Enrollment is currently 160 students and this will be our maximum enrollment.

There will be 14 staff members.

The Rock Church as a capacity of 350 in the main building.

Our School day starts at 9:00am school day ends at 2:00pm Please let us know if you need anything else.

Regards,
Mike Curtis
Vineyard Academy School Board - Secretary
Cell (510) 612-6330
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Packet Pg. 1242 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :

VINEYARD ACADEMY
1770 ADAMS LANE, BRENTWOOD, CA
12/14/2021

S T I R L I N G
1145 Second St. Suite 188
Brentwood, CA 94513
Tel: (925) 634-0095
Fax: (925) 226-4816
ARCHITECTS IN C.

NORTH
N.T.S .FOR REFERENCE ONLY

OVERALL SITE PLAN
D.1.e
Packet Pg. 1243 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 : Vineyard Academy Christian School- Call for Review)

VINEYARD ACADEMY
1770 ADAMS LANE, BRENTWOOD, CA
12/14/2021

S T I R L I N G
1145 Second St. Suite 188
Brentwood, CA 94513
Tel: (925) 634-0095
Fax: (925) 226-4816
ARCHITECTS IN C.

NORTH
SCALE: 1/16" = 1'-0"
SITE PLAN 0 4' 8' 16' 32'
CLASS ROOMS: 2,880 SQ. FT.

DECK: 1,491 SQ. FT.

RESTROOMS: 380 SQ. FT.
87 PARKING SPACES
DECK: 1,491 SQ. FT.

LANDSCAPE: LESS THAN 500 SQ. FT
D.1.e
Packet Pg. 1244 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 : Vineyard Academy Christian School- Call for Review)

VINEYARD ACADEMY
1770 ADAMS LANE, BRENTWOOD, CA
12/14/2021

S T I R L I N G
1145 Second St. Suite 188
Brentwood, CA 94513
Tel: (925) 634-0095
Fax: (925) 226-4816
ARCHITECTS IN C. NORTH
SCALE: 1/4" = 1'-0"

FLOOR PLAN
CLASS ROOMS: 2,880 SQ. FT.

DECK: 1,491 SQ. FT.

RESTROOMS: 380 SQ. FT.

D.1.e
Packet Pg. 1245 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 : Vineyard Academy Christian School- Call for Review) D.1.e
Packet Pg. 1246 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 : Vineyard Academy Christian School- Call for Review) D.1.e
Packet Pg. 1247 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 : Vineyard Academy Christian School- Call for Review)

VINEYARD ACADEMY
1770 ADAMS LANE, BRENTWOOD, CA
12/14/2021

S T I R L I N G
1145 Second St. Suite 188
Brentwood, CA 94513
Tel: (925) 634-0095
Fax: (925) 226-4816
ARCHITECTS IN C.

SCALE: 1/4" = 1'-0"

ROOF PLAN
NORTH
D.1.e
Packet Pg. 1248 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 : Vineyard Academy Christian School- Call for Review) Tri Color Mini Wall Pack
The EnVision LED Tri Color Wall Pack is powerful,
waterproof, with a selectable color temperature of
3000k/4000k/5000k, and is compatible with universal
voltage. It is equipped with a die cast aluminum housing, finished with a matte bronze powder paint, and anticorrosion priming. With a built-in photocell, easily change which color temp. is being displayed with the flick of a switch.

Applications:
• Outdoor Lighting
• Pathways, Hallways, Entryways
Product Information:
• Easy install with included mounting bracket
• Ready to replace existing 50/75W metal halide
• Frosted polycarbonate lens will not yellow over time
• Photocell: daylight detection turns light on/off
(Photocell may be easily disconnected)
• Fully weatherproof IP67-rated housing
• 5 Year Limited Warranty
L E D W P 0 M W 2 T R I F B P Z C
1 LED-WPM
1 Product 2 Watts/Lumens 3 Color 4 Warranty
5 Year (incl.)
10 Year
Mini Wall Pack 20W (2,600lm)
30/40/50K Selectable
20W
- - - ---
2 4
Finish
BZ (Blank)
10YR
TRI Selectable Bronze (incl.)
30K / 40K / 50K
Warranty -
3 5 6
5 Accessories 6
Photocell
Photocell may be
easily disconnected
PC
Project:

Part#:

Type:

Specs and model numbers are subject to change with or without notice Warehouse-Lighting.com
2750 South 163rd St
New Berlin, WI 53151
Warehouse-Lighting.com
Phone: 888-454-4480
[email protected]
D.1.e
Packet Pg. 1249 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :

Tri Color Mini Wall Pack

FEATURES
Aluminum Housing
Yellowing Free Lens
Photocell Included
Selectable Color Temp.

Die cast aluminum housing,
anti-corrosion priming, and
weatherproof IP67-rated
Our frosted polycarbonate lens will
not yellow over time
Pre-installed photocell can easily
be disconnected
30K/40K/50K color
variations available, with the ease
of flipping a switch
Warehouse-Lighting.com
2750 South 163rd St
New Berlin, WI 53151
Warehouse-Lighting.com
Phone: 888-454-4480
[email protected]
D.1.e
Packet Pg. 1250 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff Tri Color Mini Wall Pack

DIMENSIONS

PHOTOMETRICS
Warehouse-Lighting.com
2750 South 163rd St
New Berlin, WI 53151
Warehouse-Lighting.com
Phone: 888-454-4480
[email protected]
D.1.e
Packet Pg. 1251 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :

Map data ©2021 , Map data ©2021 20 ft
TheRockChurch
The Rock Church D.1.e
Packet Pg. 1252 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff 1 De Castro, Crystal
From: Allisa Cannon
Sent: Friday, November 5, 2021 12:37 PM
To: =yPlanningMembers
Cc: [email protected]
Subject: Vineyard Academy
CAUTION – EXTERNAL SENDER
Dear Planning Commission,
I am thankful for the opportunity to connect and share our love for Vineyard Academy.

When the time came for us to make a decision on where we wanted our daughter to go to school, we didn't take it lightly. We previously attended a private christian preschool and our desire was that we would be able to continue her education in a similar environment. Since the beginning of school we have watched her confidence grow. She loves her teachers and her friends. Her excitement for school days carries over into the weekends and she is always asking if the next day is a school day. One of the most heart-warming things we have seen is the joy in her heart when she comes home and TEACHES US what she's learning about God and The Bible. She is bringing our whole family closer to God and for this we are forever grateful.

The amazing staff at Vineyard Academy have put a lot of thought into how to make drop off/pick up seamless. One of their top priorities is being a good neighbor. I have witnessed all of the parents being cooperative and thoughtful of Marsh Creek Elementary, and the residents in the neighborhood.

This school has been a blessing to our family and the community it serves. I can't help but smile when I think about the future of Vineyard Academy and the lives they are touching with their dedication to our children and families.

Thank you,
Allisa cannon
510-566-2206
D.1.e
Packet Pg. 1253 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :
1 De Castro, Crystal
From: Amanda Miller <[email protected]>
Sent: Wednesday, November 10, 2021 1:01 PM
To: =yCouncil Members
Cc: =yPlanningMembers
Subject: Vineyard Academy Letter of Support
Follow Up Flag: Follow up
Flag Status: Flagged
CAUTION – EXTERNAL SENDER
Hello,
We sent the below letter to the Mayor earlier this week, but we wanted to make sure all interested received it. Thank you for your attention and care with this matter.

Happy Holidays,
Amanda Miller
Dear Mayor, City Council and Planning Commission,
We are writing to you to express our heartfelt support for Vineyard Academy. Our son started attending the school this year and it has been a wonderful blessing to our family. There are so many aspects of this school that have been a great benefit to us starting with their true joy for teaching.

The staff from day one has made us feel like part of a family. They care about what is best for our child and take genuine interest in his success. The intimate class size, love for the gospel and dedication towards shaping children with strong morals and community spirit have shown us that creating the ideal school environment is attainable. As parents, we are also encouraged to be a crucial part of our child’s learning experience, which is very important to us.

In addition, the location of the school could not be any better. We recently moved into the neighborhood across from The Rock Church and it has allowed us to be able to walk and ride to school, which my son enjoys very much. It is more than ideal and we are thankful to be able to do so.

Although we have made sacrifices financially for our children to attend, it’s by far the best decision we have made and would make again. As the saying goes, you cannot put a price tag on a good education.

We love Vineyard Academy and could not picture sending our children anywhere else. Please allow this school to flourish to its full potential. The staff, parents and students take great pride in what it has become and what it can be.

We feel safe and proud to send our children there knowing they are in caring hands and learning how to become devoted, productive citizens of our community.

Thank you for your time and consideration.

Sincerely,
D.1.e
Packet Pg. 1254 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :
2 Brad and Amanda Miller
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Packet Pg. 1255 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :
1 De Castro, Crystal
From: Christina Bell <[email protected]>
Sent: Monday, November 8, 2021 4:26 PM
To: =yCouncil Members
Cc: Vineyard Academy; =yPlanningMembers
Subject: Vineyard Academy
CAUTION – EXTERNAL SENDER
City Council and Planning Commission,
I am writing today in support of Vineyard Academy. When our public schools closed with no notice or plan in March 2020, we homeschooled our son. In the Summer of 2021, he was ready to return to school, he missed his peers and the school environment. I called our local public school in July 2021 and they weren't sure of their return to school plan or if they would open at all. I called every other private school, and none would accept a student with dyslexia. Three days before the start of the school year, I called Vineyard Academy, they accepted Jake. They were excited to have him and excited for him to be a part of the school community. When others turned us down, they accepted my son. When other schools closed their doors, their doors were open to students. This school doesn't share the same religious views as our family, but they have been nothing but welcoming. They live their faith through serving children and the community.

They take their responsibility as good neighbors seriously, they share that responsibility with the families who attend.

My son is thriving at Vineyard Academy, and we have been welcomed as part of the school community. The small class size, warm teachers and caring environment has been a perfect fit for our family. My son has made new friends and is trying new things.

The portables they are requesting, would benefit my son. The son other schools wouldn’t take. The portables would become a classroom for my son. Our community as a whole needs to embrace private schools as an option. The pandemic has shown us as a community that the public schools aren't always an option for every family. There should be support of private schools that thrive to be good neighbors and help ALL children. Vineyard Academy is the type of school our town wants. The city should approve the portables the school is requesting.

There is no need for you to reply to my email, I understand how busy you all are.

Sincerely,
Christina Bell
D.1.e
Packet Pg. 1256 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :
1 De Castro, Crystal
From: Pritchett, David <[email protected]>
Sent: Friday, November 5, 2021 8:20 AM
To: Web Planning Division; =yPlanningMembers
Subject: Vineyard Academy permit and portables for adding classroom space.

CAUTION – EXTERNAL SENDER
To whom it may concern,
I write this email in the hope to convey my appreciation and support for the great work Vineyard Academy has done for our community and my family in particular.

I have twin boys, Landon and Langston, who are 7 years old. I am an immigrant from South Africa who has established myself and my businesses here in Brentwood, CA.

We love living here with the rural farming feel and the charm of our old town that is steeped in history and tradition. Having grown up in a small town in South Africa, I value a small town feel and a small school with an intimate and personal teaching style sporting small classrooms and high quality of education with an emphasis on an academic and Christian curriculum.

Both my boys have excelled at Vineyard Academy and my hope is to keep them in this school until grade 8.

They have established friendships and relationships with peers and teachers alike. Rachel, my wife and I absolutely love their learning enthusiasm and accelerated knowledge in every aspect of teaching at VA.

I am disappointed to hear that the permits for the portable units on the Rock Church's property have met resistance. We remain positive and I am confident that the correct course of action is taken to pass the permits for these children, this will allow them to be able to continue to thrive in this environment.

David and Rachel Pritchett
-- David Pritchett
Publisher, TheHomeMag Northern California
925.478.9906 | [email protected]
Office: 925.418.4221
www.thmnorcal.com
9020 Brentwood Blvd., Suite A, Brentwood CA
D.1.e
Packet Pg. 1257 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :
1 De Castro, Crystal
From: Delrine Costenbader <[email protected]>
Sent: Tuesday, November 16, 2021 7:57 AM
To: Bryant, Joel
Cc: =yPlanningMembers
Subject: Vineyard Academy
Follow Up Flag: Follow up
Flag Status: Flagged
CAUTION – EXTERNAL SENDER
Dear City of Brentwood,
We’d like to express our love and appreciation our family has for Vineyard Academy. Vineyard Academy is a school that has established community within our community. Through the hard work and dedication of its staff, not only are our children nourished academically, but emotionally, socially, and spiritually as well. As our whole community has worked hard to return our children back to normalcy after the seclusion they experienced through the pandemic, we can see the difference Vineyard Academy has made in their students. The teachers and staff here are dedicated to boosting our children’s moral and bringing them back to their academic levels that is highly needed. The education given by the dedication of the teachers , small class sizes, and the great curriculum here are invaluable. Having a private school as this one conveniently located in the heart of our community is greatly needed and appreciated. We truly hope this school continues to be positively supported by the city in hopes that our children can continue their education along with the relationships they have formed through the beneficial environment that this school has graciously provided.

Thank you,
Matt and Delrine Costenbader
D.1.e
Packet Pg. 1258 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :
1 De Castro, Crystal
From: Jamie Lucero <[email protected]>
Sent: Tuesday, November 9, 2021 9:41 PM
To: =yPlanningMembers
Cc: Bryant, Joel; Vineyard Academy
Subject: Permit for Vineyard Academy
CAUTION – EXTERNAL SENDER
Good evening members of the Planning Commission,
I am writing to you regarding the permit requested by Vineyard Academy at 1770 Adams Lane.

My understanding is that this valued school has requested a permit to add much needed portables to the existing school property. I am writing to you all to express my support for the permit required.

My daughter attends Vineyard Academy currently. This is her first year and I cannot tell you what a blessing this school has been to her and our family. Our daughter has made remarkable progress this year all due to her wonderful school, her amazing teachers and the curriculum and class sizes offered at Vineyard. We are so grateful that this school has been established centrally in our community and provides exceptional education that our great town of Brentwood is known to provide.

While I haven’t spoken personally to any city employee or Planning Commissioner, I am assuming the school is required to submit a request to modify a Special Permit as the school is already established. As a former Assistant City Planner, I tried to look at this request objectively, in addition to looking at it as a parent of a student who attends. I tried to look for any possible negative effects of approving the portables and I cannot come up with any objection from potential concerned citizens. The request to add portables is to allow existing classes their own space and own separate classroom to better perform their school duties. The addition of portables would not negatively affect traffic or flow of traffic to and from school, nor parking requirements as the number of students remain the same. The surrounding neighborhoods would not experience a change with the approval. Other than concerns of traffic and parking, I cannot reasonably come up with any negative effects.

With all of this being said, I cannot express the value of Vineyard Academy within our community enough. I would also like to thank you all for your time and understanding the potential benefits provided with approving with this request.

Thank you,
Jamie Baker
[email protected]
925-308-0399
Sent from Yahoo Mail for iPhone
D.1.e
Packet Pg. 1259 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :
1 De Castro, Crystal
From: Jen DeRusso <[email protected]>
Sent: Sunday, November 21, 2021 3:51 PM
To: =yPlanningMembers
Subject: Vineyard Academy
CAUTION – EXTERNAL SENDER
Dear Commissioners,
This year my kids are thankfully back in school at Vineyard Academy. Gratefully, they are able to attend in‐person school. As you know, Vineyard Academy has grown and is deeply in need of getting a permit for the modulars.

Brentwood and the surrounding area is in desperate need of quality private education as so many of our friends and family, as well as your supporters have been making a mass exodus from California due in part to policy and lack of school choice. Ensuring that this school can successfully grow so that families have this option will only encourage people to stay in the city that they have loved. Please make sure to support Vineyard Academy in any and every way you can to ensure its success. It has been a blessing to so many children and families during such uneasy times. However, the need for the modulars are great. We would graciously appreciate your help and support.

Thank you,
Jennifer and Tony DeRusso
D.1.e
Packet Pg. 1260 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :
1 De Castro, Crystal
From: Jen Saisi <[email protected]>
Sent: Friday, November 5, 2021 10:26 AM
To: =yPlanningMembers
Cc: [email protected]
Subject: Vineyard Academy
CAUTION – EXTERNAL SENDER
Good morning,
This email is in regards to Vineyard Academy and what a blessing this school has been for our 2 children. Both of my children struggled tremendously during distance learning. They regressed. A lot. Stopping life for a year impacted them in many ways. Going back to full in-person learning has been nothing short of amazing at VA. This has been such a positive experience and easy transition for them. The both love going to school and the small class sizes has made a huge difference in their learning experience. The smaller classes encourages participation, assignments are more hands on and its easier for a teacher to get to know each students strengths and weaknesses.

Every teacher at Vineyard has a passion for teaching and it's noticeable from the moment you walk into the school. They have smiles on their faces, they wave to every parent in the loop, they have a sense of humor, they are compassionate and they have patience. All of this shows in everything they do. You don't find teachers like this very often.

The school has done a fabulous job of eliminating traffic on Grant St. and keeping a steady flow of cars moving through our lot during drop off and pick up. I have not witnessed any traffic issues that would cause any concern. Parents and students of VA are very respectful when it comes to driving and walking through the neighborhood.

This school has been a blessing for our family! Please let me know if you have any questions.

Thanks,
Jen Saisi
D.1.e
Packet Pg. 1261 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :
1 De Castro, Crystal
From: Katie Wadkins <[email protected]>
Sent: Wednesday, November 10, 2021 9:40 AM
To: =yPlanningMembers
Subject: Vineyard Academy- Blessing for my Family
CAUTION – EXTERNAL SENDER
Dear Planning Committee,
I am writing to you to tell you what an amazing blessing Vineyard Academy has been for my 2 daughters and our entire family. My 2 girls absolutely LOVE going to school and are blossoming in the most incredible ways. Both were a bit behind academically due to the difficult previous year and half and are making incredible strides in both confidence and education due to the small classroom sizes and additional support they receive. This is most notably true for my 2nd grader. The teachers and staff are incredible to my girls and frankly are the BEST teachers we have ever had! My youngest daughter is excited about joining her sisters there next year as she prepares for Kindergarten. I hope you do not take that opportunity away from her.

We live right next to the Rock church where the school is and I can tell you that there is no issue with traffic. The parents, staff and children are respectful and good neighbors to all. I myself am very appreciative that the neighboring roads are used for school & community and not a strip mall or other higher traffic use.

I hope you understand the value and blessing this school has been for our family and our community. They operate with grace and truly put the children’s NEEDS in the forefront of all they do. I only hope more families that choose to go will have the same opportunities.

If you have any questions please do not hesitate to contact me.

Thank you,
Katie Wadkins
925‐ 437‐1329
Katie Wadkins
p: 925-437-1329
a: 245 Ygnacio Valley Road. Suite 150
Walnut Creek, CA 94596
w: navigatecpg.com e: [email protected]
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Packet Pg. 1262 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :
1 De Castro, Crystal
From: Laura Nelson Real Estate Team <[email protected]> Sent: Wednesday, November 10, 2021 7:56 PM
To: Bryant, Joel; =yCouncil Members; =yPlanningMembers
Cc: Vineyard Academy
Subject: Vineyard Academy
CAUTION – EXTERNAL SENDER
Good evening,
I would like to express our family's appreciation for the Vineyard Academy private school within the town of Brentwood, CA. My daughter recently enrolled in this school and so far she is absolutely thriving. She absolutely loves the smaller class sizes that the school offers. She is able to get more one-on-one attention to ensure she does well with the courses she is taking. The teachers are amazing! The communication we receive from the teachers and staff is incredible. As a parent, communication about what is going on in school or the classroom is very important! I love how they give us parents the opportunity to get involved with volunteering in various projects & activities as well. We have lived in Brentwood for 20+ years and I only wish that this school was around for our oldest daughter. I can only hope that they continue to be a part of our community and have the opportunity in expanding their space as more interest develops from others.

Thank you so much for your time!
Laura Nelson
Parent to a student at Vineyard Academy
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Packet Pg. 1263 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :
1 De Castro, Crystal
From: Liliana M. Corona <[email protected]>
Sent: Wednesday, November 17, 2021 11:06 AM
To: Bryant, Joel
Cc: [email protected]; =yCouncil Members; =yPlanningMembers Subject: Vineyard Academy Continued Presence in Brentwood CAUTION – EXTERNAL SENDER
Hello Mr. Bryant,
I’m a mother of two young boys that loves Brentwood, CA as our hometown. We are blessed to have all of our family live in Brentwood. We’re talking 20 families in all. I was born and raised here and love seeing the community grow. “Thank you” for your time and dedication in making Brentwood a great family community. We love living here and appreciate seeing our tax dollars at work.

I’m writing to share how much Vineyard Academy means to my husband, myself and two boys. We strongly value our faith and freedom of religion as Faith is our families core. Having Christian Schools in Brentwood is what has kept us all here. We strongly value Vineyard Academy due to their Christian based curriculum, daily worship schedule, weekly bible scripture, teachers who are available during evening hours via phone or text, my child’s individualized studies and how the teachers are willing to partner with us. My children also thrive most in the small class size and in prompt prayer during difficult moments at school.

We were going to leave Brentwood due to the limited Christian School options. However, we’ve been blessed with Vineyard Academy to meet our family educational needs.

Our family is asking that you please take our appreciation of Vineyard Academy into consideration for their continued presence in our community.

Best Regards,
Liliana Corona
Parent of Vineyard Academy Students
NOTICE TO RECIPIENT: If you are not the intended recipient of this e-mail, you are prohibited from sharing, copying, or otherwise using or disclosing its contents. If you have received this e-mail in error, please notify the sender immediately by reply e-mail and permanently delete this e-mail and any attachments without reading, forwarding or saving them. v.173.295 Thank you.

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Packet Pg. 1264 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :
1 De Castro, Crystal
From: Lindsay Ashworth <[email protected]>
Sent: Wednesday, November 10, 2021 3:13 PM
To: Bryant, Joel; =yCouncil Members; =yPlanningMembers
Subject: Vineyard Academy Portable Permits
CAUTION – EXTERNAL SENDER
Dear Mayor Bryant and All -
I am writing to express my deepest gratitude for approving the permit for the portables at Vineyard Academy in Brentwood.

This past school year, we moved from an entirely different city in order to attend Vineyard Academy. We brought our tax dollars here because of what the school means to our family. We love the curriculum, location, teachers, small class size, individualized education, and the family atmosphere that the school has created not only for our child, but for us as parents.

Not only does it help us as a family, but it helps the community to have a diverse set of options for children to get their education in this city. Now, more than ever, parents are searching for alternate options where their children can thrive and eventually contribute as an upstanding citizen in this community. Because of that, we need to have the portables approved so that we can continue to educate our children in this city.

If this school is unable to get portables, it may mean that many of the families at this school (including us) will move out of state. This option doesn't benefit the city of Brentwood or the State of California, and we'd really love the option to stay and support the community.

I hope that you will consider this and please let me know if you have any questions or need any additional information.

Best,
Lindsay
--
Lindsay Ashworth
[email protected]
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Packet Pg. 1265 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :
1 De Castro, Crystal
From: Lindsay Moffatt <[email protected]>
Sent: Wednesday, November 17, 2021 2:18 PM
To: =yPlanningMembers
Subject: Speaking on behalf of Vineyard Academy
CAUTION – EXTERNAL SENDER
Hello,
My name is Lindsay Johnson. My husband and I have the pleasure of sending our son to Vineyard Academy. We cannot say enough amazing things about the teachers and all faculty who work at VA.

During a time in life that is so uncertain we are blessed to be apart of a school that values our community and pours love, faith and morals into our children. These are all qualities that are most important in raising our kids yet so quickly dismissed in today’s teachings.

The daily class work/ curriculum brought home each day by my son is impressive. The attention to detail to his work is fantastic and that is more possible due to class sizes at VA. I have seen his education grow more quickly than I could have imagined. You couple that with his growing faith and human kindness and we are a happy family through and through.

These teachers work over and above and all with a positive attitude! What an example for our littles! Please take this email into consideration when you are overviewing future planning and growth for VA. Our community is a better place because of this school and they deserve that recognition.

Thank you,
Lindsay and Kris Johnson
Sent from my iPhone
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Packet Pg. 1266 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :
1 De Castro, Crystal
From: lorraine Araujo <[email protected]>
Sent: Saturday, November 6, 2021 6:43 AM
To: =yPlanningMembers
Subject: Vineyard Academy
CAUTION – EXTERNAL SENDER
Subject: Vineyard Academy

Dear Planning Commission
I am a proud resident of Brentwood and my daughter attends Vineyard Academy located at The Rock church on Adams lane. In Brentwood we only have one private Elementary school and that is golden Hills. As a growing town another private school would be a great asset to this community.

Vineyard Academy has small class sizes, teachers who care greatly for their students and a curriculum that is incredible. I feel lucky that my daughter even got a spot in this school as there is a waiting list just to get in.

You will find there is huge support for this school in this community.

The school strives to be a good neighbor and will make Brentwood an even better community to live in.

Sincerely
Lorraine Araujo
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Packet Pg. 1267 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :
1 De Castro, Crystal
From: Nicole Simas <[email protected]>
Sent: Tuesday, November 9, 2021 12:54 PM
To: Bryant, Joel; =yPlanningMembers
Cc: Vineyard Academy
Subject: Vineyard Academy Portables
CAUTION – EXTERNAL SENDER
Good afternoon. Our 3rd grade son attends Vineyard Academy at the Rock Church in Brentwood. I just want to share what a blessing this school has been for us. After last year’s struggles, our son has flourished with the love & dedication poured into him from his teacher & staff at Vineyard. He is more cheerful, excited, fulfilled, & content than he has been in a very long time.

We have truly enjoyed seeing this change in him. The school has done a wonderful job with parent communication, curriculum, small class sizes, & individualized education. Their new location is perfect for us & for many families that attend. There has been no issues with traffic/parking since this school starts later & ends earlier than the other schools in the area. All parents understand that if the lot is full, they need to circle around & not back up on Adams Ln. Everyone has done a terrific job with this. We will continue to do so once the portables are in place. We do not foresee their being any issues with city planning or traffic with the adding of portables in the back lot. Please approve the permit so that our family & future families can continue to reap the benefits of this amazing school. Thank you for your time & consideration. ~Adam & Nicole Simas~
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Packet Pg. 1268 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :
1 De Castro, Crystal
From: Randi Burmann <[email protected]>
Sent: Wednesday, November 10, 2021 3:02 PM
To: Bryant, Joel; =yCouncil Members; =yPlanningMembers
Cc: Vineyard Academy Info
Subject: Vineyard Academy
CAUTION – EXTERNAL SENDER
To whom it may concern,
I am writing to you regarding Vineyard Academy. This year is my daughters first year being a student at VA, she's currently in 5th grade and learning and improving more than ever before . I could write you a novel about all of the reasons why we love Vineyard, but I'll just give you a few.

It is very clear when interacting with everyone at VA , from the teachers to the office staff and everyone in between, how much they love their school, their roles and most importantly, their students. They actually care, and I can't say I have always felt that way at our previous school. Everyone feels like family and it truly feels like a safe place for our kids to be.

The curriculum and the personalized education is such a blessing. It is incredibly reassuring knowing that our daughter is getting an amazing, Christian based, clean, education. She was struggling to keep up at her old school and now she is getting almost all A's. With small classes, it is easier for the teachers to spend one on one time with each student and really figure out what their individual needs are.

Private school was something we had never considered before, I never understood why people would PAY to have their kids go to school when they could go to public school for free (ish). Last year, I knew of a few families whos kids were going to VA, so I started asking questions. I never heard a single negative thing about this school, it was 100% positive.

Spring of 2021 I knew we had to enroll, I had this gut feeling that this was the school for us. We are beyond thankful for this Vineyard and everyone involved. It has been a blessing we didn't know we needed. We liked our previous school, but we didn't LOVE it. Joining the Vineyard Academy family was the best decision we could have made. Our daughter looks forward to going to school every single day.

I pray VA will be able to continue to bless other families like it has ours. Everyone deserves to have such an incredible place for their kids to attend school, a place that has their best interest at heart, and truly wants to see everyone succeed.

Please acknowledge the importance of this school to so many people.

Thank You
Randi Burmann
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Packet Pg. 1269 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :
1 De Castro, Crystal
From: Renee Pearson <[email protected]>
Sent: Monday, November 8, 2021 12:19 PM
To: =yPlanningMembers
Cc: Vineyard Academy
Subject: Vineyard Academy-a light in the community!
CAUTION – EXTERNAL SENDER
To Planning Commission members:

My name is Renee Pearson and I'm a proud Vineyard Academy parent. My son is in 4th grade at VA. He has gone through so much over these last 2 years and VA has been a huge blessing. His former private school closed and he was devastated. We lost hope in finding something similar until we found Vineyard. This school is filled with the most amazing, dedicated teachers and staff. The small size allows the kids from K‐8th to interact with one another, fostering relationships and learning valuable interpersonal skills. The small class sizes allow someone like my son, who struggles with anxiety and sensory issues, to receive individualized attention. The education they receive is top notch‐‐challenging them and preparing them for success. It is rigorous and engaging! Vineyard Academy is a great addition to Brentwood, focused on education and community! The location in Brentwood is easily accessible by car and in walking distance to many neighborhoods. They deserve to continue to provide for our students and future students in Brentwood and the surrounding areas.

Warm regards,
Renee Pearson, BSN, RN-PHN
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Packet Pg. 1270 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :
1 De Castro, Crystal
From: Wellens Sara <[email protected]>
Sent: Friday, November 5, 2021 7:02 AM
To: =yPlanningMembers
Subject: Vineyard academy
CAUTION – EXTERNAL SENDER
Dear planning commission,
I would like to take a minute to share what an incredible blessing that Vineyard Academy has been to our 3 sons and our entire family. My 3 boys absolutely LOVE going to school everyday! Vineyard Academy is such a positive influence for them.. since attending this school their confidence has grown, they have become better students and their favorite part about the school is developing their spiritual side and growing closer to God. The teachers at this school are some of the best teachers we have ever had ‐ their love for teaching and nurturing the kids they teach shows in everything they do! We live right next to the Rock church where this school is being held and there is absolutely no issue with traffic and let me tell you, the kids who attend this school are very respectful and when walking to and from school… frankly, I would much prefer a school reside here dedicated to kids, than I would a strip center or another housing development… Please realize what an incredible blessing this school is for so many families and what a benefit it has to offer other families who would love to become part of the Vineyard Academy family… If you have any questions please reach out to me.

Blessings,
Sara Wellens
925 642.6572
Sent from my iPhone
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Packet Pg. 1271 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :
1 De Castro, Crystal
From: Shannon Culley <[email protected]>
Sent: Thursday, November 4, 2021 1:13 PM
To: =yCouncil Members; =yPlanningMembers
Cc: Vineyard Academy
Subject: Vineyard Academy
Follow Up Flag: Follow up
Flag Status: Flagged
CAUTION – EXTERNAL SENDER
Hello,
Vineyard Academy has been trying to obtain a permit to set up portable classrooms on their property, to ensure each teacher and their students have enough adequate learning space. It has come to my attention that this action is taking longer than anticipated and there might be a few that oppose this permit.

My son is in first grade at Vineyard. When I ask him (and I ask often just to see if he changes his answer...) what he likes best about school, his answer is always "I like everything." I couldn't agree more with him. He has a loving teacher, small class size, great curriculum and an extended family at Vineyard. He is absolutely thriving there, and his younger sister will be joining him at Vineyard Academy in the 2022-2023 school year.

I hope that you will expedite this permit so that the students can continue to thrive. Thank you for your time. -Shannon Culley
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Packet Pg. 1272 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :
1 De Castro, Crystal
From: Shannon <[email protected]>
Sent: Thursday, November 4, 2021 9:05 PM
To: =yPlanningMembers
Cc: Vineyard Academy
Subject: Why we need Vineyard Academy!
CAUTION – EXTERNAL SENDER
To Whom it May Concern,
I am writing to you on behalf of my husband and I as well as our children to express the importance of Vineyard Academy and what it has done for not only our family but for so many in our community. In a time in our world where there has been so much uncertainty, so much fear and constant inconsistencies, Vineyard Academy has given our children the stability and sense of safety and normalcy that they need to thrive. They have provided such a positive and supportive faith based environment where our children have grown not only academically and socially but also in their own faith.

Our kids wake up every morning and are so happy to be going to school. We love that VA is so close to home and right in the heart of our community. Our oldest child has some learning challenges and has struggled in the years past academically and for the first time in her life received straight A’s on her report card. They have been given the support and guidance that they need to not only succeed in the classroom but also socially and emotionally. They are so happy, they have grown such a strong faith and love for God and learning. When we see so many young children who are struggling right now, struggling in school and socially, with newly developed anxieties, we can not help but feel so blessed and forever grateful for what Vineyard Academy and its most amazing staff have given our children and our family.

It truly hurts our hearts to know that there are some that maybe just don’t understand the positive impact that this school has made on so many and would rather not see it here. We only wish we could share our stories with them, enlighten them with the knowledge of what a true gift Vineyard Academy is to this community. We need more of THIS in our world. We need Vineyard Academy here and feel so fortunate to be one of the families that have been given this gift.

I thank you for hearing our hearts and hope that the goodness that this school is continues to be shared with those in our community.

Sincerely,
Shannon Jackson
Sent from my iPhone
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Packet Pg. 1273 Attachment: Attachment 5- Planning Commission April 19, 2022 Vineyard Academy Christian School staff report with attachments (2691 :

Design Recommendations
VINEYARD ACADEMYCANNON DESIGN GROUPNovember 18, 2021
Trellis at front of church
Trellis at parking lot edge

FRONT ELEVATIONSIDE ELEVATION
Trellis Example Additional Possible Improvements Lattice panels or attached lattice wall Add trellises similarto front of church
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From: Sinziana Todor
To: =yPlanningMembers; =yCouncil Members
Subject: Vineyard Academy Christian School - (CUP 08-31-A4) and a design review (DR 21-009) Date: Monday, April 18, 2022 12:13:22 PM
CAUTION – EXTERNAL SENDER
Hello,
I would like to start by stating that I am not against the Vineyard Academy Christian School and its program, and I am strong proponent of school choice. However, I have several concerns related to the application to amend 2009 CUP08-31 and allow operation Vineyard Academy Christian School.
1. Traffic
I am aware that around any school location there will always be traffic. However, in this scenario the traffic is already here, so how can we avoid making it worse? I want to as for the Planning Commission to request a traffic study to better guide and support your decision making. Here are few things to consider:
- You are asked to approve “construction of a modular building for classrooms at The Rock Church”. This is located across the street from busy Marsh Creek Elementary School. In other words, you are being asked to approve 2 schools across the street from each other, with a total student population around 1,000 students. We have a similar scenario on the west side of the city - Adams Middle School next to Heritage HS- and we all know about the major issues on American Avenue. Why would city of Brentwood planning would want to replicate the same disaster at this proposed location?
- Why this location? This is a private school and students from everywhere can attend. I know for a fact that there are students residing in Shadow Lakes and neighboring cities, so why not locate this school in a central location, along a major street, as opposed to bringing all traffic in a residential area and impacting existing neighborhoods. Here are few examples to benchmark this location against similar schools’ locations:
- The Goddard School – Technology Way – industrial area accessed from 2 main arteries – Sand Creek Road and Brentwood Blvd
- Kiddie Academy of Brentwood – accessed from Brentwood Blvd
- Golden Hill Christian School – accessed from Lone Tree Way
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Packet Pg. 1312 Attachment: Attachment 6- Comment received via email for the April 19, 2022 Planning Commission meeting, received April 18, 2022 (2691 :
- Montessori School – accessed from Balfour Road
- Heritage Baptist Academy in Antioch – accessed from Lone Tree/Heidorn Ranch Rd
- Stratford School – Pleasanton – located in a business park - 4576 Willow Rd Pleasanton, CA 94588 - Valley Christian School, 7500 Inspiration
Drive, Dublin, CA 94568 – located off major throughfare Dublin Blvd. - On the south side of the design looks like there will be a road connecting Adams Lane to Lone Oak Road – what is the purpose of the road, what type of improvements will be done around it? If it connects to Lone Oak Road and ultimately bring school traffic on a 17 ft wide road, I would like to ask for traffic mitigation measures and traffic calming measures to be implemented to alleviate impacts on the existing neighborhood along Lone Oak Rd. - Traffic congestion in this area will be further impacted by development. Silvergate Apartments is currently being built (166 units), Adams Lane/Orchard Grove (51 single family homes), new elementary school on Lone Tree Way, not even a mile away. This big picture view should be considered as your decision will not be made just for today, but it will impact the future of this area. 2. Inconsistency in documentation – the letter sent by the applicant to the Planning commission on 7/21/2021 indicates student population of 161 students, with potential growth to 200 students, and 15 staff members. The letter attached in the agenda packet, dated 1/19/2022 mentions “Enrollment is currently 160 students, and this will be our maximum enrollment. There will be 14 staff members”. Can we get a clear number of students and staff, and understand how can student population and staff growth beyond what the school is committed in these letters, can be enforced by the city?
- 2009 CUP08-31 was approved for APN 016- 040-007. This APN does not exist today as per Contra Costa County Assessor documentation. 
Currently, looks like there are 2 lots at the location indicated in the application. One lot is under APN 016-04-009 (zoned PD5, where The Rock Church is located), and the lot in scope for the amended CUP and new/extended school site is Currently the APN for church lot is under APN 016-04-011 (zoned R-1). How can a CUP granted for a different APN be amended and applied for a different parcel – in this case APN 016-04-011 (zoned R-1)? Please see attached lot designation and numbers). - The letters submitted by the applicant on 7/21/2021 and 1/19/2022 show their intention to expand by “two portable classrooms D.1.f
Packet Pg. 1313 Attachment: Attachment 6- Comment received via email for the April 19, 2022 Planning Commission meeting, received April 18, 2022 (2691 :
added”. However, the design presented shows 6 portable classrooms and a bathroom with 2 units will be added. This is very confusing and conflicting information, and the public reading the agenda packet don’t know what to expect. - 2009 CUP08-31 was approved for “the operation of a preschool center” now the amendment is asking for K -8 – very unclear. As you know, this school was active at the location since 8/9/2021, does that mean they illegally operated for more than a year? How can City of Brentwood allow this, shouldn’t the CUP or any amendments be obtained before business operations begin? Only this aspect should be considered a violation of the original CUP and revoke it right away. 3. Notification of residents – did not see anything posted on the lot until about a week ago and did not receive any notifications in the mail. Why? Just because it is a CUP? It is a brand-new construction that will change the overall appearance of the area, not to mention inconsistent with the permanent structures (church, residential neighborhoods, Marsh Creek Elementary School) surrounding it. Letting the community know about it should have been a priority and required to allow appropriate time for everyone to be notified and get educated about it. 4. Zoning and Housing Element – the lot where the school structure is proposed is zoned R1. If we allow it to be used for a school, the city will need to increase density in some other lots to meet state-imposed requirements for housing production numbers. Is the commission ready to make this change and put additional density burden on a different area of the city? 5. Environmental Concern - According to Negative Declaration included, the land was used for agricultural purposes. Based on the history of the area, there could be soil contamination with pesticides. It does not look like this was explored and studied as part of Negative Declaration and CEQA analysis. It is a well-known fact that pesticides, in particular DDT have a negative impact on human health, and they persist in soil for a long period of time. I believe that the responsible thing to do is to order soil analysis to avoid endangering the health of children and staff at this school.

Social media posts and comments indicate children of local business owners and city employees frequent this school. This should not be criteria for approving this CUP amendment application, and for any other application for that matter. I hope you will not take into consideration any pressure from special interest groups in your decision making. (attached Facebook comment).  
If you followed the discussions around the HWY 4 sound wall, you would notice that the city was put in a position to fix previous planning commission and council D.1.f
Packet Pg. 1314 Attachment: Attachment 6- Comment received via email for the April 19, 2022 Planning Commission meeting, received April 18, 2022 (2691 :
mistakes. Please do the right thing, ask for all studies necessary to make the best decision not just for today, but for the future as well.

Thank you for your time and consideration.

Sinziana Todor
Brentwood Resident
(925)548-3691
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Packet Pg. 1315 Attachment: Attachment 6- Comment received via email for the April 19, 2022 Planning Commission meeting, received April 18, 2022 (2691 :

APRIL 19, 2022

PLANNING COMMISSION MINUTES

PUBLIC COMMENTS RECEIVED
Public Comments that were received prior to the start of the Planning Commission meeting and any other disclosable public records related to an agenda item for the open session of this meeting distributed to all or a majority of the Planning Commission less than 72 hours before this meeting.

CALL TO ORDER & ROLL CALL
Attendee Name Title Status Arrived
Emily Cross Vice Chairperson Remote 7:00 PM
David Dolter Commissioner Remote 7:00 PM
Anita Roberts Commissioner Absent
David Sparling Commissioner Absent
Dirk Zeigler Chairperson Remote 7:00 PM

PLEDGE OF ALLEGIANCE
Chairperson Zeigler led the pledge of allegiance.

PUBLIC COMMENTS
Brentwood Resident, Danny Dohrmann, spoke regarding the joint workshop and the Blue Bird Village project.

Brentwood Resident, Sinziana Todor, spoke regarding the applications being processed with bonus density regarding the Orchard Grove and Blue Bird Village projects.

Brentwood Resident, Conor Bonal, spoke regarding the completion of American Avenue.

Brentwood Resident, Rod Flohr, spoke regarding Commissioner's actions.

Brentwood Resident, Erik Bror Bonn, spoke regarding the Blue Bird Village project.

Brentwood Resident, Keith Schaefer, spoke regarding the Orchard Grove project.

Brentwood Resident, Carolina Villaseca, spoke regarding sidewalks throughout the city.

David Pritchett, spoke regarding a request for "no dumping" signs in his area as well as concerns of speeding in his neighborhood.

Ray Smit spoke regarding the Blue Bird Village project.

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Packet Pg. 1316 Attachment: Attachment 7- Planning Commission Minutes April 19, 2022 (2691 : Vineyard Academy Christian School- Call for Review) APRIL 19, 2022

REGULAR MEETING MINUTES
PAGE 2 OF 4

CONSENT CALENDAR
The City received 0 public comments regarding the consent calendar items, items requested as future agenda items, and items not on the agenda that were sent via email or otherwise for the Commission’s consideration.

Moved/Seconded Zeigler/Dolter. Roll call vote by Chairperson Zeigler.

RESULT: APPROVED [UNANIMOUS]
MOVER: Dirk Zeigler, Chairperson
SECONDER: David Dolter, Commissioner
AYES: Cross, Dolter, Zeigler
ABSENT: Roberts, Sparling

1. Minutes of the Planning Commission meeting of March 15, 2022. (Drummond)

BUSINESS ITEMS

2. Public Hearing. A conditional use permit amendment (CUP 08-31-A4) and a design review (DR 21-009) application for the operation of Vineyard Academy Christian School and the construction of a modular building for classrooms at The Rock Church. (De Castro)
Senior Planner, Crystal De Castro, presented the staff report for this item.

Commissioner Dolter and Chairperson Zeigler asked questions of staff.

Chairperson Zeigler opened the public hearing.

Applicant, Mike Curtis, spoke on the project.

April Cuddihy, Co-founder of Vineyard Academy, spoke on the project.

Danny Dohrmann spoke opposing the project.

Brentwood Resident, Amanda Miller, spoke in favor of the project.

Brentwood Resident, Sinziana Todor, spoke regarding the project.

David Pritchett, spoke in favor of the project.

Shannon Jackson spoke in favor of the project.

Brentwood Resident, Lorraine Araujo, spoke in favor of the project.

Brentwood Resident, Rod Flohr, spoke opposing the project.

Susan Wallace spoke in favor of the project.

The City received 1 public comment regarding this item that were sent via email or otherwise for its consideration.

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Packet Pg. 1317 Attachment: Attachment 7- Planning Commission Minutes April 19, 2022 (2691 : Vineyard Academy Christian School- Call for Review) APRIL 19, 2022

REGULAR MEETING MINUTES
PAGE 3 OF 4
Moved/seconded by Dolter/Cross to close the public hearing. Motion carried unanimously via roll call vote.

The Commissioners discussed the project.

RESULT: CLOSE PUBLIC HEARING [UNANIMOUS]
MOVER: David Dolter, Commissioner
SECONDER: Emily Cross, Vice Chairperson
AYES: Cross, Dolter, Zeigler
ABSENT: Roberts, Sparling
Resolution No. 22-002 of the Planning Commission of the City of Brentwood approving an Amendment to Conditional Use Permit No. 08-31 (CUP 08-31-A4) to authorize the operation of Vineyard Academy Christian School located at 1770 Adams Lane within the Rock of Brentwood Church (APNs 016-040-009, 016-040-010, and 016-040-011).

Moved/Seconded by Dolter/Cross to approve Resolution No. 22-002. Motion carried 3-0.

RESULT: ADOPTED [UNANIMOUS]
MOVER: David Dolter, Commissioner
SECONDER: Emily Cross, Vice Chairperson
AYES: Cross, Dolter, Zeigler
ABSENT: Roberts, Sparling
Resolution No. 22-003 of the Planning Commission of the City of Brentwood approving a Design Review (DR 21-009) to authorize the construction of a 3,260 square foot modular building for the Vineyard Academy Christian School located at 1770 Adams Lane (APN 016-040-010).

Moved/Seconded by Zeigler/Dolter to approve Resolution No. 22-003. Motion carried 3-0.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Dirk Zeigler, Chairperson
SECONDER: David Dolter, Commissioner
AYES: Cross, Dolter, Zeigler
ABSENT: Roberts, Sparling

INFORMATIONAL REPORTS FROM COMMITTEES AND UPCOMING MEETING

SCHEDULE
TRANSPLAN Committee (Roberts) 2nd Thursday of every month Design Review Subcommittee (Cross & Sparling) 2nd and 4th Thursdays of every month
Land Use and Development Committee (Zeigler) 3rd Monday of every month

REQUEST FOR FUTURE AGENDA ITEMS
None
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Packet Pg. 1318 Attachment: Attachment 7- Planning Commission Minutes April 19, 2022 (2691 : Vineyard Academy Christian School- Call for Review) APRIL 19, 2022

REGULAR MEETING MINUTES
PAGE 4 OF 4

ADJOURNMENT
Moved/Seconded Zeigler/Dolter. Motion carried unanimously at 8:32 PM via roll call vote.

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Packet Pg. 1319 Attachment: Attachment 7- Planning Commission Minutes April 19, 2022 (2691 : Vineyard Academy Christian School- Call for Review) May 12, 2022
Good Afternoon,
Today we are writing to show our support in the opening, new location, and growth of Vinyard Academy (VA). Since inception (one-year) VA has doubled in students and staff out growing the previous location (Campos Vineyard) and making a new home at The Rock Church. Our children recently started attending VA this year. We have seen many benefits throughout this school year:
location, schedule, small school and class size, and communication.

The Rock Church has provided VA more space than the previous location, however, there are some grades still having to share rooms making it difficult at times for learning. In order to maximize each individual child’s learning, experience a request to bring in portables has been submitted and is under review by the City of Brentwood Planning Commissions in hopes to provide an optimal learning environment for our children.

The new location of VA is much more convenient and centralize making it easier for parents to get their children to and from school in a timely manner. In addition to location, the schedule and hours of operation are more conducive to parents work schedules. VA has a constant schedule throughout the whole work week giving parents a consistent drop off and pick up time for their children, minimizing alternate methods of transportation.

Every morning the entire school takes 20 minutes to prepare and get ready for a new day of learning. This is a great way to come together, clear the mind, and start the day off on the right foot. Our children express daily, this is their most favorite part of the day because they get to sing morning songs and celebrate special achievements/birthdays of individuals together as a VA community.

As a member of the small VA community, we have been able to get to know each of our children’s teachers on a personal level and had the ability to work closely with each of them to support our children’s individual learning needs. Since the beginning of the year, we have seen enormous growth in both of our children. They were both beginning to fall behind in school. Having small class sizes, a tight knit community, and constant communication they are now back on track with all A’s and B’s. Not only has the closeness and the communication with the staff and teachers been a positive, the small class sizes (15 to 1 and 20 to 1), teachers’ aides (1 aide per 2 classes), and parent volunteers and support has been a key success in my children’s education. With all the support and resources, they have had the opportunity to thrive throughout this school year, and we look forward to seeing their continued growth in the years to come.

We urge you to consider the installment of portables to help support the growth and successful learning needs for our children. In turn this investment will continue to the growth of the community and will aide in the efforts to raise reliable, responsible children who in hopes will give back to our community.

Thank you for your time and consideration.

Heidi & Troy Brown
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Packet Pg. 1320 Attachment: Attachment 8- Public comments received as of May 18, 2022 (2691 : Vineyard Academy Christian School- Call for Review) From: Laura Nelson Real Estate Team
To: =yCouncil Members
Subject: Vineyard Academy
Date: Thursday, May 12, 2022 11:31:49 AM
CAUTION – EXTERNAL SENDER
Good morning,
I would like to express our family's appreciation for the Vineyard Academy private school within the town of Brentwood, CA. My daughter recently enrolled in this school and so far she is absolutely thriving. She absolutely loves the smaller class sizes that the school offers.

She is able to get more one-on-one attention to ensure she does well with the courses she is taking. The teachers are amazing! The communication we receive from the teachers and staff is incredible. As a parent, communication about what is going on in school or the classroom is very important! I love how they give us parents the opportunity to get involved with volunteering in various projects & activities as well. We have lived in Brentwood for 20+ years and I only wish that this school was around for our oldest daughter.I can only hope that they continue to be a part of our community and have the opportunity in expanding their space as more interest develops from others.

Thank you so much for your time!
Laura Nelson
Parent to a student at Vineyard Academy
-\
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Packet Pg. 1321 Attachment: Attachment 8- Public comments received as of May 18, 2022 (2691 : Vineyard Academy Christian School- Call for Review) From: Lindsey McNeff
To: =yCouncil Members
Cc: Vineyard Academy
Subject: Vineyard Academy Planning
Date: Thursday, May 12, 2022 12:59:27 PM
CAUTION – EXTERNAL SENDER
Hello,
Thank you for the time and effort you have already put into this planning of our school.

We have a Kindergartner, our oldest in fact. So I am very unaware of how any other elementary-jr school might operate or events might happen etc. Forgive me for my lack of knowledge. Recently we had a walk/run-a-thon to raise money for 2 local charities that help children and a children's ministry in Brazil, together with the Rock Church we raised over $4000 from our little school. I was really amazed by the generosity and it shows the character of the community within the school and the children we are trying to raise.

Personally, we are not from Brentwood. We have only lived here 3 years and it has been hard to meet and connect with new friends when a pandemic started quickly after arriving.

During this last school year we have come across some major obstacles regarding my husband's job, something very unforeseen. We didn't want to burden the school with our issue and prayed we could still continue to afford it. We have grown to love and become a part of VA so quickly. We recognized the weight that the staff has on their shoulders building a school so fresh and new; especially Mrs. Curtis and Mrs.Cuddihy. When I eventually broke down to write Mrs. Curtis my request of how do I solve this issue we are going through. She and Mrs.Cuddihy spoke and she quickly got back to me and basically said "worry no more let this burden be lifted off of you and we will take care of it". I recognize I might be speaking in code about the details of this matter but I hope you get the gist this is not something we ever expected from them and the school. I don't like to burden anyone with things and they gave so freely. The relief we felt was overwhelming to say the least! We knew before this event happened but our thoughts just continue to be affirmed this is where our children are supposed to be; surrounded by people like this. For them to think of us in this way amidst all the things they are doing building the school up, still planning and teaching classes etc. They sure hold a lot on their shoulders. We are so grateful for this school and I pray it becomes something that would be a good model for our community. If you might consider helping us expand even just a few portables I know the school and church would put it to good use as not to bother anyone but only to help grow our community into people like the staff at Vineyard Academy.

Thank you for your time and Consideration,
Lindsey McNeff
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Packet Pg. 1322 Attachment: Attachment 8- Public comments received as of May 18, 2022 (2691 : Vineyard Academy Christian School- Call for Review) From: Nicole Simas
To: =yCouncil Members
Subject: Vineyard Academy Portables
Date: Thursday, May 12, 2022 11:15:53 AM
CAUTION – EXTERNAL SENDER
Good afternoon. Our 3rd grade son attends Vineyard Academy at the Rock Church in Brentwood. I just want to share what a blessing this school has been for us. After last year’s struggles, our son has flourished with the love & dedication poured into him from his teacher & staff at Vineyard. He is more cheerful, excited, fulfilled, & content than he has been in a very long time. We have truly enjoyed seeing this change in him. The school has done a wonderful job with parent communication, curriculum, small class sizes, & individualized education.

Their new location is perfect for us & for many families that attend. There has been no issues with traffic/parking since this school starts later & ends earlier than the other schools in the area. All parents understand that if the lot is full, they need to circle around & not back up on Adams Ln. Everyone has done a terrific job with this. We will continue to do so once the portables are in place. We do not foresee there being any issues with city planning or traffic with the adding of portables in the back lot. Please approve the permit so that our family & future families can continue to reap the benefits of this amazing school. Thank you for your time & consideration.
~Adam & Nicole Simas~
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Packet Pg. 1323 Attachment: Attachment 8- Public comments received as of May 18, 2022 (2691 : Vineyard Academy Christian School- Call for Review) From: Wellens Sara
To: =yCouncil Members
Subject: Vineyard Academy
Date: Thursday, May 12, 2022 11:45:00 AM
CAUTION – EXTERNAL SENDER
> Dear City Counsel and Mayor,
>
> I would like to take a minute to share what an incredible blessing that Vineyard Academy has been to our 3 sons and our entire family. My 3 boys absolutely LOVE going to school everyday! Vineyard Academy is such a positive influence for them.. since attending this school their confidence has grown, they have become better students and their favorite part about the school is developing their spiritual side and growing closer to God. The teachers at this school are some of the best teachers we have ever had - their love for teaching and nurturing the kids they teach shows in everything they do!
>
> We live right next to the Rock church where this school is being held and there is absolutely no issue with traffic and let me tell you, the kids who attend this school are very respectful and when walking to and from school… frankly, I would much prefer a school reside here dedicated to kids, than I would a strip center or another housing development… Please realize what an incredible blessing this school is for so many families and what a benefit it has to offer other families who would love to become part of the Vineyard Academy family… >
> If you have any questions please reach out to me.
>
> Blessings,
>
> Sara Wellens
Sent from my iPhone
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Packet Pg. 1324 Attachment: Attachment 8- Public comments received as of May 18, 2022 (2691 : Vineyard Academy Christian School- Call for Review) From: Scott Ritter
To: =yCouncil Members
Subject: Vineyard Academy
Date: Thursday, May 12, 2022 1:17:56 PM
CAUTION – EXTERNAL SENDER
Hello - we are part of the Vineyard Academy community and have truly been blessed by this great school! We love how close it is to where we live and the great location at The Rock Church - it’s been a great blessing to our family. We like knowing that Vineyard & The Rock are aligned in their beliefs, which will benefit all students at the school.

There are many school options in our area, but one of the best parts of Vineyard Academy is how small it is. This allows our daughter to receive great teaching from a teacher who knows her and cares for her. We feel very fortunate to be a part of this type of school environment.

Please take into consideration these facts as you are considering Vineyard Academy.

Thank you - Scott & Carrie Ritter
--
Sent from Gmail Mobile
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Packet Pg. 1325 Attachment: Attachment 8- Public comments received as of May 18, 2022 (2691 : Vineyard Academy Christian School- Call for Review) From: Wimberly, Margaret
To: De Castro, Crystal; Morris, Alexis
Cc: Wisinski, Katherine
Subject: FW: Vineyard Academy
Date: Friday, May 13, 2022 12:16:59 PM
Hi Crystal:

Just an FYI
From: jthegirl Cloud
Sent: Friday, May 13, 2022 9:12 AM
To: =yCouncil Members <[email protected]>
Subject: Vineyard Academy
CAUTION – EXTERNAL SENDER
Good morning,
I would like to take a moment to share briefly with you my experience with Vineyard Academy. When trying to decide where my child would attend this school year I had some tough decisions. As a part of a team of front line workers I am constantly working. I felt guilty because I knew my child struggled with learning and traditional style learning meant late nights from homework, mediocre grades, and tears; lots and lots of tears.

Vineyard Academy has allowed me to bond with my child. Since I work in Fremont my commute puts me in late. Coming home to tons of homework, and getting dinner ready left no time for anything else. I had read years ago where in many parts of other countries how homework for children isn’t as beneficial as one might think because of the minds ability to retain information. It has been proven that skipping homework and actually separating teaching subjects by days to be more beneficial. Vineyard Academy uses this approach. Not only does it push my child to complete class work; our evenings are now spent talking about our days and just enjoying one another. Her grades have improved greatly because she doesn’t feel rushed, or in her words, “I don’t time out at this school.”
Lastly, the location and start time of the school allows me to be able to take her to school once a week! It doesn’t sound like much but missing the traffic of other schools that all start pretty much the same time makes Vineyard a bonus.

I hope that this email gives you a glimpse into the importance of Vineyard Academy to my family and the surrounding community.

Sincerely,
The Cloud Family
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Packet Pg. 1326 Attachment: Attachment 8- Public comments received as of May 18, 2022 (2691 : Vineyard Academy Christian School- Call for Review) D.1.h
Packet Pg. 1327 Attachment: Attachment 8- Public comments received as of May 18, 2022 (2691 : Vineyard Academy Christian School- Call for Review) From: Morris, Alexis
To: De Castro, Crystal
Subject: FW: Vineyard Academy Portable Permits
Date: Tuesday, May 17, 2022 3:56:04 PM
-----Original Message-----
From: Ogden, Tim <[email protected]>
Sent: Tuesday, May 17, 2022 3:52 PM
To: Morris, Alexis <[email protected]>
Subject: FW: Vineyard Academy Portable Permits
And one from today.

Thanks,
Tim
-----Original Message-----
From: Laura Gardiner >
Sent: Tuesday, May 17, 2022 3:15 PM
To: =yCouncil Members <[email protected]>
Subject: Fwd: Vineyard Academy Portable Permits
CAUTION – EXTERNAL SENDER
To Whom it May Concern:
>>>> I am writing to ask you kindly to approve the permits for the portables at Vineyard Academy School in Brentwood for the upcoming school year. I am writing on behalf of my granddaughter, Reagan Ashworth, who is in Kindergarten at the school. She has gotten off to a wonderful beginning school experience because of V.A. She has been able to flourish there. The school provides all the components necessary for each student to be highly successful.
>>>> The components of V.A. include strong curriculum, small class size, competent and caring teachers, convenient location, and a family atmosphere. As her mother so succinctly stated in a previous email, they moved to your community because of these specific components and this highly successful school. Also, Vineyard Academy provides parents with an option in the spectrum of schooling opportunities. >>>> I strongly believe in school choices and options for parents. I honor parental rights to choose a school setting for their child.
>>>> I entreat you to grant these portable permits. This would allow Vineyard Academy the opportunity to not only serve students to the highest degree possible but that would enable your Brentwood parents to have a choice for schooling for their children.
>>>> Sincerely and Respectfully,
>>>> Laura J.Gardiner
>>>> BA, MA
>>>>
>>>> Sent from my iPhone
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Packet Pg. 1328 Attachment: Attachment 8- Public comments received as of May 18, 2022 (2691 : Vineyard Academy Christian School- Call for Review) From: Morris, Alexis
To: De Castro, Crystal
Subject: Fwd: Vineyard Academy
Date: Wednesday, May 18, 2022 11:15:28 AM
Sent from my iPhone
Begin forwarded message:

From: "Ogden, Tim" <[email protected]>
Date: May 18, 2022 at 11:09:46 AM PDT
To: "Morris, Alexis" <[email protected]>
Subject: Fwd: Vineyard Academy
FYI
Thanks,
Tim
---------- Forwarded message ----------
From: Chrissy Amaral >
Date: May 18, 2022 10:40 AM
Subject: Vineyard Academy
To: =yCouncil Members <[email protected]>
Cc: [email protected]
CAUTION – EXTERNAL SENDER
To Whom It May Concern,
I am writing today on behalf of the Vineyard Academy. A school that my two boys have called home for the last two years. Since opening, my kids have been thriving at VA. They have hands-on learning with smaller classrooms which gives them more one on one support. They love the positive environment and culture of this setting, and their teachers. The partnership the teachers have with the parents is none that we've experienced. The teachers truly care about the growth of the student both spiritually, educationally, and socially.

The Rock Church is a great and convenient location for the school, across from Marsh Creek, and is set up nicely with walkways and the greenbelt for easy access to walk or drive.

It's been incredible to see the interest and growth of the school in such a short time. A true testament to the good they are doing on behalf of the kids and our community. I sure hope we can all come together and support the much needed portables so this school can continue to grow and accommodate those looking for other alternatives for their children. I see this school as nothing but a positive thing for our growing community and for those seeking smaller classroom options to give their kids a chance to thrive in their educational endeavors.

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Packet Pg. 1329 Attachment: Attachment 8- Public comments received as of May 18, 2022 (2691 : Vineyard Academy Christian School- Call for Review) D.1.h
Packet Pg. 1330 Attachment: Attachment 8- Public comments received as of May 18, 2022 (2691 : Vineyard Academy Christian School- Call for Review) Adams Lane Developments
The City recently analyzed two separate development proposals along Adams Lane. The first is the Orchard Grove residential project and the other the Vineyards Academy. The Orchard Grove project consists of 51 single family homes with access directly from Adams Lane. The Vineyards Academy project is to allow the placement of portable classrooms in order to house 160 students who currently attend school in The Rock Church building.

The traffic impacts for both projects were analyzed with an assumption that both would proceed. For the Orchard Grove project city staff worked with the developer to address some traffic related concerns. The main concern was to not allow vehicular access onto Gracie Lane or Lone Oak Road. The developer redesigned his original proposal to address those concerns. The developer also agrees to widen Adams Lane in order to provide a protected left turn pocket. City staff indicated a need to address pedestrian access across Adams Lane. One option was to construct sidewalk along the east side of Adams Lane from the proposed subdivision to Grant Street. Due to right of way constraints this option was not deemed feasible. Ultimately it was agreed the developer will install a crosswalk equipped with pedestrian activated flashing beacons to allow for safe access to the west side of Adams Lane and to the Marsh Creek elementary school as well as Blue Goose Park. Ultimately sidewalk will be constructed as vacant parcels develop.

When analyzing the Vineyards Academy, city staff indicated a concern with the proximity of Marsh Creek Elementary school. This analysis included comparing start and finish times for the two schools. Vineyard Academy agreed to stagger their times so as to not conflict with Marsh Creek Elementary. City staff visited the Vineyards Academy site twice in order to observe the traffic pattern. Staff was concerned that any back up of traffic associated with the Vineyards Academy may impede traffic flow along Adams Lane. The Vineyards Academy stations a staff member at their driveway on Adams Lane in order to direct drivers to proceed around the block if the possibility exists that they will block the northbound lane of Adams Lane.

In order to address any future plans for expansion the City placed a condition on the project requiring a second access point on Grant Street if the school expands past its current enrollment of 160 students.

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Packet Pg. 1331 Attachment: Attachment 9- City of Brentwood Traffic Analysis for the Adams Lane Developments (2691 : Vineyard Academy Christian School-

RECEIPT
The City of Brentwood
150 City Park Way
Brentwood, CA 94513
Phone: (925) 516-5405
Vineyard Academy (CUP 08-31-A4 and DR21-009)
BRENTWOOD, CA 94513-2443

AMENDMENT/
Receipt No: REC64336
Project No: AMD21-011
Fee Description Account Fee Amount
PLANNING DEPOSIT 100-0000-99999.97 $3,000.00
LEGAL REVIEW DEPOSIT 100-0000-99999.97 $3,000.00
PLANNING ENVIRONMENTAL REVIEW 100-2201-45505.18 $262.00 CATEGORICAL EXEMPTION 100-2201-45505.18 $212.00
CCC FILING FEE NOE 100-0000-28305.01 $50.00
PLANNING PROJECT PROCESSING 100-0000-99999.97 $2,201.00 ADDITIONAL DEPOSIT 100-0000-99999.97 $1.00
AMENDMENT DEPOSIT 100-0000-99999.97 $2,200.00
Total Fees Paid: $5,463.00

FINANCE
Grand Total Fees Paid: $5,463.00
Date Paid: 8/4/2021
Paid By: Lita A. & Michael R. Curtis
Pay Method: CHECK 750
Received By: KIMBERLY WALLACE
D.1.j
Packet Pg. 1332 Attachment: Attachment 10- Application fees paid by the applicant (2691 : Vineyard Academy Christian School- Call for Review)

RECEIPT
The City of Brentwood
150 City Park Way
Brentwood, CA 94513
Phone: (925) 516-5405
Vineyard Academy (CUP 08-31-A4 and DR21-009)
BRENTWOOD, CA 94513-2443

AMENDMENT/
Receipt No: REC65527
Project No: AMD21-011
Fee Description Account Fee Amount
PLANNING ENVIRONMENTAL REVIEW 100-0000-99999.97 $15,000.00 OTHER ENVIRONMENTAL REPORTS 100-0000-99999.97 $15,000.00 Total Fees Paid: $15,000.00

FINANCE
Grand Total Fees Paid: $15,000.00
Date Paid: 11/3/2021
Paid By: Vineyard Academy Inc.

Pay Method: CHECK 0101
Received By: KIMBERLY WALLACE
D.1.j
Packet Pg. 1333 Attachment: Attachment 10- Application fees paid by the applicant (2691 : Vineyard Academy Christian School- Call for Review)

RECEIPT
The City of Brentwood
150 City Park Way
Brentwood, CA 94513
Phone: (925) 516-5405
Vineyard Academy modular classroom (AMD21-011)
,

DESIGN REVIEW/PC APPROVAL
Receipt No: REC64337
Project No: DR21-009
Fee Description Account Fee Amount
PLANNING PROJECT PROCESSING 100-2201-45505.37 $7,280.34 DESIGN REVIEW RES 5+/NON-RES DEPOSIT 100-0000-99999.97 $6,600.00 GENERAL PLAN MAINTENANCE FEE 100-2201-45505.37 $680.34
Total Fees Paid: $7,280.34

FINANCE
Grand Total Fees Paid: $7,280.34
Date Paid: 8/4/2021
Paid By: Lita A. & Michael R. Curtis
Pay Method: CHECK 750
Received By: KIMBERLY WALLACE
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Packet Pg. 1334 Attachment: Attachment 10- Application fees paid by the applicant (2691 : Vineyard Academy Christian School- Call for Review) D.1.k
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STAFF REPORT

PLANNING COMMISSION REGULAR MEETING OF
JUNE 16, 2009
PREPARED BY: Tim Nielsen, Assistant Planner
[email protected]
AGENDA ITEM & FILE NUMBER: Item No. 3; (1) Design Review No. 08-20; (2) Conditional Use Permit No. 08-31
PROJECT DESCRIPTION: A design review and conditional use permit application for a 20,687 square-foot church use
including a multi-function gymnasium/sanctuary
building and a 3,915 square-foot parsonage on a

5.64-acre parcel, located south of Grant Street
between Adams Lane and Lone Oak Road (APN
016-040-007).

ACREAGE: 5.64 acres
GENERAL PLAN DESIGNATION: VL (Very Low Density Residential) ZONING: R-1-E (Single-Family Residential Estate)
OWNER/APPLICANT: The owner of record is Fremont Apostolic Church, Inc. The applicant is Mark Duke on behalf of The
Rock of Brentwood church.

PREVIOUS ACTIONS: An application for a parcel map (MS 356-03) and variance (V 03-23) to subdivide a 6.2-acre parcel
into one 15,250 square-foot lot and a remainder
parcel was approved by the Planning Commission
on December 2, 2003.

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Packet Pg. 1347 Attachment: Attachment 12- June 16, 2009 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call for 2 BACKGROUND:

The project site was originally part of a larger, approximately 6.2-acre parcel for which a lot split was approved in 2003, subdividing the parcel into a lot of approximately 15,250 square feet and a remainder parcel of approximately 5.64 acres. A single family home was retained on the smaller lot now addressed as 1971 Lone Oak Road. This parcel split was originally processed in order to allow the development of the larger remainder parcel with a very low density single family residential subdivision in conformance with the General Plan land use density in place for the area. Both of the parcels included in the original parcel map were purchased for the development of the Rock of Brentwood church. The existing home at 1971 Lone Oak Road is planned to be used as the pastor’s residence. Despite the relationship between the two parcels, the application before the Commission deals only with the 5.64-acre church site, as the use of the residential home is not planned to change. By pursuing the entitlements for the development of the church site now, the applicant is positioning himself to take advantage of low construction material pricing and labor costs.

PROJECT DESCRIPTION:

The project includes the development of the 5.64-acre site with a church use consisting of a 20,687 square-foot multi-function gymnasium/sanctuary building that would also contain classrooms, a kitchen, a coffee lounge and storage rooms. The main assembly space would not have fixed seating to allow the facility to be utilized for other purposes. A number of offices are also proposed on a second story that covers a relatively small portion of the overall building footprint. A parsonage is proposed in addition to the larger multi-function building and is intended to house church staff and visiting speakers. Two of the parsonage units would be two stories and the third would be a single story. Overall, approximately 3,915 square feet of living area would be included in the three parsonage units and each would have a private, two-car attached garage. In addition to the construction of the two buildings, development of the project site will include the installation of a parking lot, landscaping materials, utility infrastructure, a roadway dedication along Adams Lane, and the installation of any outstanding improvements along the adjoining street frontages. These improvements would constitute the first phase of development of the church site, with a possible future phase consisting of a main assembly building with a footprint of 22,500 square feet at an unknown time. Development of that phase would require a separate design review submittal and an amendment of the conditional use permit, at a minimum.

ANALYSIS:

General Plan Consistency
The project site is designated Very Low Density Residential (VL) according to the General Plan.

This land use category provides for fairly large lots for single-family residences in an identifiable, suburban residential neighborhood, or cluster-style development designed with open space and other amenities. Although none of the six residential land use descriptions contained in the General Plan list any secondary or ancillary uses, one of the goals specified in the Land Use Element of the General Plan includes the provision of adequate land for institutional uses to meet, among other things, the spiritual needs of Brentwood residents and visitors. The implementation mechanisms include adopting development regulations for specific zoning designations which, as discussed below, allow for religious institutions. As a result, the project is consistent with the General Plan.

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Packet Pg. 1348 Attachment: Attachment 12- June 16, 2009 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call for 3 Zoning Consistency
The project site is zoned Single-Family Residential Estate (R-1-E), which is predominantly a residential zone that allows for the development of larger-lot single-family residential uses with a minimum lot size of 14,500 square feet (or 10,000 square feet with the granting of a conditional use permit). Although Section 17.120.003 of the Brentwood Municipal Code does not specifically list churches as conditionally-permitted uses, Section ‘A’ does include those uses that are conditionally-permitted in the Ranchette Estate (RE) zone. Referring to Section

17.110.003, Section ‘C’ lists churches and religious institutions as conditionally-permitted uses within the RE zone. Therefore, by reference, they are conditionally-permitted in the R-1-E Zone.

The maximum building height allowed in the R-1-E Zone is two stories or thirty feet for main buildings, with the maximum proposed height of the multi-function sanctuary building being exactly 30 feet and the maximum height of the parsonage being 25 feet, eight inches. The R-1- E Zone also requires a minimum setback of 20 feet in any front yard, 10 feet in any side yard with a minimum aggregate side yard setback of 25 feet, and a minimum rear yard setback of 30 feet. The multi-function building and the parsonage meet the setback requirements of the R-1-E Zone in the following ways:

Distance from
Adams Lane
Distance from Grant
Street/northerly
property line
Distance from
southerly property
line
Distance from
easterly property line
MultiFunction
Building
187 Feet 22 Feet 45 Feet 600 Feet +
Parsonage 850 Feet 52 Feet 40 Feet 25 Feet
Site Plan and Access
The project site is a rectangular parcel of approximately 5.64 acres and is generally oriented east-west. The main building proposed during this phase of development, a 20,687 square-foot gymnasium/sanctuary facility, is near the west end of the site, about 200 feet from Adams Lane.

The 3,915 square-foot parsonage is at the east end of the project site near the two existing single-family residential parcels. Between the multi-function building and the parsonage, but nearer the east end of the site, is a building pad being reserved for a future main assembly building with a conceptual footprint of 22,500 square feet. No plans for this structure have been drawn up at this time and prior to its construction in a future phase, entitlement applications including a design review application and an amendment to the conditional use permit would need to be received, processed and approved by the City. The planned interim treatment of this area includes the installation of a hydroseed turf blend to ensure that the area is useable for various outdoor gatherings and activities.

The project includes two points of vehicular access, with one on the west side of the site from Adams Lane and one on the east side of the site from Lone Oak Road. These access points are at the southwest and southeast corners of the project site, respectively. The driveway at the west end of the site is designed to line up with the exit-only driveway from the Marsh Creek Elementary School parking lot on the west side of Adams Lane. Neither entrance would be signalized but full vehicle turning movements would be allowed at both entrances. No direct access from Grant Street will be available as it is designed as a two-lane minor arterial street and the City prefers to limit the number of vehicular access points from these types of D.1.l
Packet Pg. 1349 Attachment: Attachment 12- June 16, 2009 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call for 4 roadways. There is one main drive aisle along the southern end of the site linking the two driveways.

Pedestrian circulation for the site has been addressed by providing a strategically-located interior link that runs most of the length of the site between the west end of the parking lot and the west side of what is proposed as the future main sanctuary building. The link runs near the center axis of the site and would be composed of a decorative concrete walkway. A condition of approval has been added to the resolution requiring that this link include a surface with varied texture to increase the awareness of drivers crossing the main pedestrian link. There are two external pedestrian links proposed at this time. One is a shared pedestrian/vehicle link at the east end of the site that connects to Lone oak Road. The other is a dedicated pedestrian link that connects to Adams Lane. There is no pedestrian connection proposed between the project site and Grant Street, although one may be desirable once the project is developed.

Accordingly, a condition of approval has been added requiring a new pedestrian access point linking the sidewalk along Grant Street to the pad on which the multi-function building is proposed. Should the second phase sanctuary building be pursued in the future, an additional access point further to the east may also be required.

Parking
The applicant has provided a total of 205 parking spaces on-site, including 56 compact spaces and six handicap-accessible spaces. The majority of the spaces are located between the proposed multi-function gymnasium/sanctuary and the future main sanctuary building. A smaller parking field lies between the multi-function building and Adams Lane to the west.

Section 17.620.012.T of the Brentwood Municipal Code requires that places of assembly, including religious institutions, have one parking space for each five fixed seats in principal assembly rooms or one space per 50 square feet of floor area in assembly rooms that do not have fixed seating. The principal assembly area totals approximately 6,510 square feet and, based on the required parking ratio, would necessitate the provision of 130 parking stalls. The proposed parking spaces exceed the number required by 75 stalls; however, the applicant has designed the parking lot with the eventual construction of the main sanctuary building in mind.

Depending on how the facilities are configured and used, up to 1,025 fixed seats could be accommodated in the future main sanctuary building.

Fencing/Walls
Although no walls or fences are expressly required by the Brentwood Municipal Code, the possibility has been discussed with the applicant, who has agreed to provide a 6-foot tall masonry wall along the common property line shared with the residences at 1931 and 1971 Lone Oak Road at the east end of the project site. This design solution will help to mitigate the noise, light, and glare impact that the proposed project will have on the neighboring residential units. The design of this wall has been conditioned to return to staff for final review and approval prior to the issuance of a grading permit for this project. This barrier should be composed of colored dual split-face blocks with a decorative trim cap incorporated into the design. The site plan also calls out an existing post fence along the southerly property line that is designated for removal. The 10-acre parcel to the south is used for grazing proposes and would require reinstallation of a new fence in the future. A condition of approval has been added requiring the applicant to work with the neighboring property owner to ensure that adequate fencing is maintained to secure the livestock.

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Packet Pg. 1350 Attachment: Attachment 12- June 16, 2009 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call for 5 Architecture
The multi-function gymnasium/sanctuary is nearly square in shape. Most of the building is composed of a single story, however, several second-story offices, a lounge and a conference room would be located along the west side of the building, nearest the Adams Lane frontage.

The entire building area would be 20,687 square feet and the second-story office area would total 3,665 square feet. The structure would have a maximum height of 30 feet above the main gym/sanctuary space with the height of the outer portions of the buildings stepping down to 24 feet 5 inches over the two-story office area and 18 feet 7 inches over most of the remaining single-story areas. The varying roof heights are designed to reduce the massing of the building and serve to break up the height of various wall planes. The building would be wood-framed with a stucco finish and decorative features would include architectural pop-outs topped by flat arches, pilasters, upper mullions on all windows, and a stone veneer wainscot. There are two architectural pop-out features on the west side of the building (where the second-story element is proposed) that are planned to be completely covered by the same stone veneer that would compose the wainscot. The primary focal point is the main building entrance on the east side of the structure. A condition of approval has been added requiring this feature to be entirely clad with the stone veneer material proposed for the wainscot to further emphasize the feature and to tie the west and east sides of the building together. The roof would be composed of a combination of pitched and parapet roof forms. The roof over the main gym/sanctuary would be of a standing seam metal material with a slight pitch. This material has been chosen to compliment the existing roof on the nearby Marsh Creek Elementary School. Three complimentary light tan colors have been chosen for the main body colors and trim elements.

The roof would be of a dark bronzed finish and the stone veneer would be composed of various earth tones in a stacked ledge stone pattern. Color and material sample exhibits will be available for review by the Commission during the public hearing.

The parsonage is composed of two two-story units and one single-story unit on the northern end of the structure. The structure is 25 feet 8 inches high and incorporates a gently-sloping 4:12 roof pitch to help reduce the scale of the building. Although there are few existing homes with tile roofs in the immediate vicinity, the parsonage is proposed to have a tile roof to complement the homes being constructed in the Portofino Estates project to the north. The color palate is similar to that of the multi-function building and the same stone veneer is proposed at various locations on the parsonage building. A number of design features help to break up the massing of the building, especially along the east elevation. These elements include wall plane changes, architectural pop-outs, and recessed porches.

Additionally, the project plans were circulated to the City’s peer review architect and a copy of his comments are attached for the Commission’s reference. Several comments address the site design, hardscape elements, and placement of landscape materials. Architectural review comments have also been included addressing both the multi-function building and the parsonage. Several of the peer review comments have been addressed through conditions of approval attached to the design review resolution including the provision of varying accent paving along the main drive aisle, tree and plant selection and placement, arch-to-column connections, decorative medallions, and trim materials.

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Packet Pg. 1351 Attachment: Attachment 12- June 16, 2009 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call for 6 Landscaping
The preliminary landscape plan includes landscaping around the perimeter of the site, and throughout the parking lot area. The planting palate includes a wide variety of trees, screening shrubs, low flowering shrubs, perennials, and vines. A total of 219 trees are proposed to be planted on the project site and would be done in conjunction with the first phase of development. A significant number of evergreen trees are shown along the southern boundary for screening purposes. The Brentwood Municipal Code requires that parking lot shade trees be spaced every three spaces throughout the parking area. The proposed planting plan meets this spacing requirement. All trees are proposed to be sized at either 15 gallon or 24-inch box and are a mix of low and medium water-use species. A standard condition of approval requires the submittal of detailed landscape and irrigation plans for review and approval prior to the issuance of a building permit.

The site has been designed with minimum eight-foot-wide landscape areas between facing rows of parking in conformance with the commercial design guidelines. Many of these landscape strips have been designed to treat stormwater runoff and accommodate the planting of parking lot shade trees. While there appears to be sufficient space to contain both features in most of these dual-use areas, there is the possibility of conflict between the planting of trees and the C.3 treatment areas, especially along the southerly property line. A condition of approval has been added requiring the installation of all trees outside of any stormwater treatment area.

Lighting
The only lighting proposed in conjunction with this application is parking lot lighting standards.

These are of a classic decorative pole and head design and the overall height of the pole and fixture combination does not exceed a height of 20 feet. A total of 20 single-head poles and six dual-head poles are proposed. It is not possible to verify that these fixtures meet a cut off or full-cut off classification from the information provided. Therefore, a condition of approval has been added requiring the applicant to provide detailed cut sheets of the fixtures prior to issuance of a building permit for the project site. The condition further requires that the fixtures meet either a cut off or full-cut off classification in order to direct light emitted from them downward into the site instead of outward onto neighboring parcels and roadways, especially given the proximity to existing residential uses. No building-mounted lighting is proposed in conjunction with this application. In the event that the applicant later desires to install lighting for security purposes, a condition of approval has been included that requires the applicant return to staff for approval of all building-mounted lighting fixtures and that the fixtures meet the same classification requirements as the parking lot lighting.

Signage
Religious uses rarely mount signs on building walls other than small directional signs and other small informational signs required by the building code. These types of institutional uses often will install one monument/site identification sign on a prominent corner, adjacent to the main vehicular entrance, or adjacent to the primary street frontage. There are no signs included in this review, however, prior to the manufacture and installation of any future signage, the applicant will be required to apply for and receive approval of an administrative sign permit through the Community Development Department.

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Packet Pg. 1352 Attachment: Attachment 12- June 16, 2009 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call for Conditional Use Permit
As discussed above, churches are allowed as conditionally-permitted uses within most residential zones, including the R-1-E Zone. The conditional use permit process allows proposed projects to be reviewed with special attention to impacts that the use may have on surrounding properties and other nearby uses, especially those that are more sensitive to impacts created by dissimilar neighboring uses like private residences. Several features were incorporated into the design of the project that would help lessen the impact of the proposed church and accessory uses on the single-family residences to the east including the installation of a block wall along the common property lines, the orientation of the parsonage toward the homes, and the placement of the parsonage to act as a buffer between the existing homes and the proposed church use. The project has been conditioned to limit the traffic at the easterly entrance from Lone Oak Road to lessen the impact on the residences. Finally, the applicant has indicated that the parsonage is accessory to the church use and is intended to house a youth pastor, grounds keeper or other church staff and would be made available to temporary occupants such as missionaries that are in the area on furlough. A condition of approval has been included to ensure that the parsonage is either occupied by church employees and their families or are made available to those persons who are supported by the church but normally reside elsewhere. The parsonage is not intended to be leased or made available to nonemployee church members/attendees or members of the public at large.

The applicant has indicated that weekly events would usually include a Sunday service from 10:00 am until noon and Wednesday and Friday night bible studies from 6:00 pm until 9:00 pm.

The pastor and assistant pastor would typically be in the office Tuesday through Friday from 9:00 am until 4:00 pm, although it is likely that other office employees are present during typical working hours. Finally, the coffee lounge is planned to operate in conjunction with the major service/use schedules including Sundays from 7:00 am to 1:00 pm and Wednesdays and Fridays from 6:00 pm to 9:00 pm. A condition of approval has been added formalizing these operational hours and specifies that any changes may be submitted for review and approval of the Community Development Director, who may refer the request to the Planning Commission for review, depending on the request.

PUBLIC COMMENTS:

A public hearing notice was published in the Brentwood Press and mailed to property owners within 300 feet of the site on May 8, 2009. A neighborhood meeting was held on February 19, 2009 and was attended by one family from the neighborhood. During the processing of the application, the only outside comments received were from the neighbors at 1931 Lone Oak Road. Their primary concern was for the noise and visual impact that the use would have on their property. In order to address their concerns, the applicant oriented the parsonage with the front of the structure facing the residential property while designing it to appear like a singlefamily home. The applicant also agreed to install the block wall along their property line to reduce the noise impact as much as possible. The installation of a ‘zone wall’ is a common solution when more intensive uses are proposed adjacent to residential homes.

ENVIRONMENTAL DETERMINATION:

A mitigated negative declaration has been prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA). Several potentially significant impacts have been identified; however, mitigation measures have been incorporated to reduce D.1.l
Packet Pg. 1353 Attachment: Attachment 12- June 16, 2009 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call for 2 those impacts to less than significant levels. All mitigation measures not addressed by the standard conditions of approval have been included as recommended conditions of project approval.

RECOMMENDATION:

Adopt Resolution Nos. 09-032, 09-033 and 09-034 approving the Mitigated Negative Declaration prepared in support of the application, Design Review No. 08-20 and Conditional Use Permit No. 08-31 as conditioned.

ATTACHMENTS:

1. Resolution No. 09-032

2. Resolution No. 09-033

3. Resolution No. 09-034

4. Project plans for The Rock of Brentwood, prepared by Stirling Architects, Inc., Benchmark Consultants, and KLA Landscape Architecture and Planning, dated “Received December 8, 2008” (Site Plan, Floor Plans for multi-function building, Elevations for multi-function building, Roof Plan for multi-function building, Cross-Section for multi-function building, Floor Plans for parsonage, Elevations for parsonage, Roof Plan for parsonage, Cross-Section for parsonage, Accessory Structure and Fixture Details, Site Survey, Preliminary Grading and Drainage Plan, Preliminary Utility Plan, Details and Cross-Sections, and Conceptual and Preliminary Landscape Plan)

5. Architectural Description of the Rock of Brentwood project, dated “Received September 25, 2008”.

6. Operational Hours for the Rock of Brentwood project, dated “Received December 8, 2008”.

7. Mitigated Negative Declaration

8. Mitigation Monitoring Plan

9. Vicinity map

10. Aerial of the project site and surrounding area

11. Peer Review comments prepared by Larry Canon, dated “Received December 11, 2008”.

12. Letter of Concern from Kaupanger family, dated “Received February 18, 2009”.

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Packet Pg. 1354 Attachment: Attachment 12- June 16, 2009 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call for PLANNING COMMISSION RESOLUTION NO. 09-032

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BRENTWOOD

ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE ROCK OF BRENTWOOD CHURCH ( DR 08- 20 & CUP 08- 31), LOCATED ON A 5.64-ACRE

PARCEL GENERALLY SOUTH OF GRANT STREET BETWEEN ADAMS LANE AND LONE OAK ROAD ( APN 016040- 007).

WHEREAS, Fremont Apostolic Church has requested that the City approve a mitigated negative declaration for a 5.64- acre site located south of Grant Street between Adams Lane and Lone Oak Road; 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 potentially 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 reduce the impacts identified to a less then significant level; and WHEREAS, the availability of said environmental document for the minimum 20-day public review and comment period was begun on May 13, 2009, and ended on June 1, 2009; 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 May 8, 2009 in accordance with City policies and Government Code Section 65090; and WHEREAS, the Planning Commission of the City of Brentwood considered this mitigated negative declaration at a public hearing at its regular meeting of June 16, 2009, and considered the staff report, all accompanying information, and testimony received from the applicant and other interested parties.

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

A. Hereby finds that:

1. The information contained within the initial study and mitigated negative declaration and all oral testimony and written comments received have been appropriately considered.

2. Based upon the mitigated negative declaration and comments and testimony received, there is no substantial evidence that once mitigated, the project will have a significant effect on the environment and that the mitigated negative declaration reflects the Planning Commission' s independent judgment and analysis.
1 D.1.l
Packet Pg. 1355 Attachment: Attachment 12- June 16, 2009 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call for PLANNING COMMISSION RESOLUTION NO. 09-033

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BRENTWOOD APPROVING DESIGN REVIEW NO. 08- 20 FOR THE DESIGN OF A 20, 687 SQUAREFOOT CHURCH BUILDING AND A PARSONAGE TOTALING 3,915 SQUARE FEET TO BE LOCATED ON A 5. 64-ACRE PARCEL SOUTH OF GRANT STREET BETWEEN ADAMS LANE AND LONE OAK ROAD ( APN 016-040- 007).

WHEREAS, the Planning Commission of the City of Brentwood has considered the request for Design Review No. 08- 20 submitted by Fremont Apostolic Church to allow for a 20,687 square-foot sanctuary/ gym building and a 3,915 square- foot parsonage to be constructed on a 5. 64- acre site located south of Grant Street between Adams Lane and Lone Oak Road; and
WHEREAS, the applicant submitted a concurrent application for Conditional Use Permit No. 08- 31; 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 May 8, 2009, in accordance with City policies and Government Code Section 65090; and WHEREAS, the Planning Commission of the City of Brentwood has adopted the Mitigated Negative Declaration prepared in support of this project; and WHEREAS, the Planning Commission of the City of Brentwood considered this project at its regular meeting of June 16, 2009, 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 Planning Commission of the City of Brentwood:

A. Hereby finds that:

1. The location and design of the proposed use as conditioned will not adversely affect abutting properties and the surrounding neighborhood as the proposed project includes a multi-function church building that is positioned on the parcel so as to be substantially removed from existing residential uses and also includes the construction of a parsonage positioned to buffer the neighboring residence from the church use; and

2. The proposed development creates a well- composed urban design, harmoniously related to other planned facilities in the immediate area in that staff has reviewed the project proposal and has found that it is, or has been conditioned to be, in conformance with all City standards and specifications to ensure a well- designed site, composed of visually- appealing structures, and providing adequate landscaping along adjacent streets and within on-site landscape areas; and

3. Special consideration has been given to those elements of the design that have significant relationship to the exterior appearance of structures proposed within the project site including the height of the buildings, bulk and 1 D.1.l
Packet Pg. 1356 Attachment: Attachment 12- June 16, 2009 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call for PLANNING COMMISSION RESOLUTION NO. 09-034

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BRENTWOOD APPROVING CONDITIONAL USE PERMIT NO. 08- 31 TO ALLOW THE OPERATION OF A 20,687 SQUARE- FOOT CHURCH KNOWN AS THE ROCK OF BRENTWOOD AND AN ACCESSORY PARSONAGE TOTALING 3, 915 SQUARE FEET TO BE LOCATED ON A 5.64-ACRE PARCEL SOUTH OF GRANT STREET BETWEEN ADAMS LANE AND LONE OAK ROAD ( APN 016- 040- 007).

WHEREAS, the Planning Commission of the City of Brentwood has considered Conditional Use Permit No. 08- 31 submitted by Fremont Apostolic Church to allow the operation of a church known as The Rock of Brentwood within a new 20,687 square-foot multifunction building and related accessory uses to be located on a 5.64- acre parcel south of Grant Street between Adams Lane and Lone Oak Road; and
WHEREAS, the applicant has concurrently submitted a request to approve Design Review No. 08- 20; and
WHEREAS, the Planning Commission of the City of Brentwood has adopted the Mitigated Negative Declaration prepared in support of this project; 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 May 8, 2009, in accordance with City policies and Government Code Section 65090; and WHEREAS, the Planning Commission of the City of Brentwood has held a public hearing on June 16, 2009, reviewed said conditional use permit request, and has studied the compatibility of this request with adjacent land uses, and has considered this request in accordance with the conditional use permit criteria established in Section 17. 830. 005 of the Brentwood Municipal Code.

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

A. Hereby finds that:

1. The project is consistent with the General Plan and Zoning Ordinance in that the Single- Family Residential Estate Zone is consistent with the Very Low Density designation and that all churches and religious institutions must be considered through the conditional use permit procedure per Sections

17. 120. 003.A and 17. 110. 003. C of the Brentwood Municipal Code; and

2. The location, size, design, and operating characteristics of the proposed Rock of Brentwood church uses are compatible with and would not, as conditioned, adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood as the proposed development plan would place the parsonage between the existing residential homes to the east and the proposed multi-function building toward the west end of the site; and
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Packet Pg. 1357 Attachment: Attachment 12- June 16, 2009 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call for

3. The harmony in scale, bulk, coverage and density of the proposed project is consistent and compatible with the existing and proposed land uses around the subject site, in that the proposed Rock of Brentwood church would meet the maximum allowable building height in the R- 1- E Zone, is designed as a mainly single- story building with a small second- story footprint at the west end of the building nearest another institutional use, and would locate a parsonage adjacent to existing residential uses immediately to the east of the project site; and

4. The availability of public facilities and utilities is adequate to serve the proposed use, in that the Rock of Brentwood church would be located on a parcel to which public utilities are available including sewer, water, electricity, phone, etc; and

5. There would be no harmful effect upon the neighborhood character with approval of this permit due to the location of the use near an existing elementary school and the buffering of the existing residential uses to the east with a new parsonage; and

6. The subject site will have adequate pedestrian and vehicular circulation and parking available, in that there are two vehicular access points, one each from Adams Lane and Lone Oak Road. Pedestrian movements are facilitated by sidewalks and defined pathways between the proposed multifunction building and a building pad for a future sanctuary that connect to the public sidewalk within the right-of-way of all three adjacent streets; and

7. The generation of additional traffic and related parking demand would be accommodated by the proposed parking facilities on the project site.

Additionally, the surrounding streets were designed for vehicle use and calculated to adequately handle the proposed increase in use. Additionally, Grant Street is a minor east- west arterial street and is able to handle expanding traffic needs; and

8. The location, design, landscaping and screening, and overall site planning of the proposed use will provide an attractive, useful and convenient working area, in that the project would be landscaped in accordance with the proposed planting plan and is located close to public transportation and arterial streets.

B. Hereby approves Conditional Use Permit No. 08- 31, 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; and
C. This permit shall terminate on June 16, 2010, unless actual construction or alteration under valid permits has begun within said period or a written request has been submitted to the City, prior to the expiration date, for an extension of time as allowed under the Zoning Ordinance.
2 D.1.l
Packet Pg. 1358 Attachment: Attachment 12- June 16, 2009 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call for The above actions are final unless an appeal is filed pursuant to Chapter 17. 880 of the Brentwood Municipal Code within ten ( 10) calendar days following Planning Commission action.

ADOPTED by the Planning Commission of the City of Brentwood at its regular meeting on June 16, 2009 by the following vote:

AYES: Chairman Weber, Commissioners Cushing, Gildersleeve NOES: None
ABSENT: Commissioner Bristow
ABSTAIN: Commissioner Stirling
APPROVED:

W~
Weber
ning Commission Chairman
ATTESf() 0~
Erik f\iOfthenius
Principal Planner
3 D.1.l
Packet Pg. 1359 Attachment: Attachment 12- June 16, 2009 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call for EXHIBIT " A" TO
PLANNING COMMISSION RESOLUTION NO. 09- 034

CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT NO. 08- 31

1. The proposed project shall be built and operated in substantial conformance with the plans prepared by Stirling Architects, Inc., Benchmark Consultants, and KLA Landscape Architecture and Planning, dated " Received December 8, 2008", unless otherwise amended by the Planning Commission or the conditions of approval contained herein. Minor changes to plans and operation may be allowed subject to the approval of the Community Development Director if found to be in substantial conformance with the approved exhibits.

2. 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.

3. The Rock of Brentwood church shall be located within a new 20, 687 square-foot building south of Grant Street between Adams Lane and Lone Oak Road. The project also includes the construction of a new parsonage totaling 3, 915 square feet. Any expansion or relocation of the church and associated uses will require review by the Community Development Department.

4. The applicant shall record a deed restriction against the property, in a form approved by the Community Development Director in consultation with the City Attorney, ensuring that the parsonage remains accessory to the church use in perpetuity. The parsonage may be used by employees of the church or persons or families supported by the church. The parsonage may not be sold separately from the remainder of the property or leased for profit for nonchurch uses.

5. All construction- related traffic shall enter and exit the site from Adams Lane.

6. Once construction is completed, the church use must use the vehicular access point on Adams Lane as the primary point of ingress and egress. Except for times of high attendance, including but not limited to Sunday services or following large non- recurring events, the Lone Oak Road driveway shall be coned- off to prohibit vehicles entering or exiting the site by that roadway.

7. The hours of operation associated with the church shall include a Sunday service from approximately 10: 00 am to noon and bible studies on Wednesday and Friday nights from 6:00 pm until 9:00 pm. The coffee shop may be open on Sundays from 7: 00 am to 1 : 00 pm and Wednesdays and Fridays from 6: 00 pm until 9: 00 pm. Office hours may be kept Monday through Friday from 8: 00 am to 5:00 pm. Any changes to these hours must be submitted for the review and approval of the Community Development Director, who may, depending on the request, refer it to the Planning Commission for review.

8. 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 to mitigate such impacts, or may revoke said conditional use permit bound upon applicable findings. 4 D.1.l
Packet Pg. 1360 Attachment: Attachment 12- June 16, 2009 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call for

STAFF REPORT

PLANNING COMMISSION REGULAR MEETING OF
JULY 20, 2010
PREPARED BY: Tim Nielsen, Assistant Planner
[email protected]
AGENDA ITEM & FILE NUMBER: Item No. 3; Conditional Use Permit No. 08-31-A1 and Design Review No. 08-20-A1
PROJECT DESCRIPTION: An application for a time extension for a conditional use permit (CUP 08-31-A1) and design review (DR
08-20-A1) for a 20,687 square-foot church use
including a multi-function gymnasium/sanctuary
building and a 3,915 square-foot parsonage on a

5.64-acre parcel, located south of Grant Street
between Adams Lane and Lone Oak Road (APN
016-040-007).

PREVIOUS ACTIONS: An application for a conditional use permit (CUP 05-31) and design review (DR 08-20) for a 20,687
square-foot church use within a multi-function
building and a 3,915 square-foot parsonage on a

5.64-acre parcel was approved by the Planning
Commission on June 16, 2009.

An application for a parcel map (MS 356-03) and
variance (V 03-23) to subdivide a 6.2-acre parcel
into one 15,250 square-foot lot and a remainder
parcel was approved by the Planning Commission
on December 2, 2003.

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Packet Pg. 1361 Attachment: Attachment 13- July 20, 2010 Planning Commission Report and Resolution (2691 : Vineyard Academy Christian School- Call for 2 BACKGROUND:

The Planning Commission approved a conditional use permit (CUP 08-31) and design review (DR 08-20) for the project known as The Rock of Brentwood church on June 16, 2009. Permits for the construction of the project have not been sought due to the ongoing economic situation.

This is due in part to the receipt of smaller contributions than originally planned for by the church. Additionally, a portion of the funds is planned to come from the sale of another parcel that the church currently owns. Once a buyer has been identified, the appropriate land use entitlements will need to be secured before the transaction can be completed. The applicant has requested a time extension in the hope that the local economic climate will improve, that the sale of the other parcel can be completed and that construction of the project will become feasible.

PROJECT DESCRIPTION:

On June 16, 2009 the Planning Commission approved Conditional Use Permit No. 08-31 and Design Review No. 08-20 for a 20,687 square-foot multi-function gymnasium/sanctuary building that would also contain classrooms, a kitchen, a coffee lounge and storage rooms for a church known as The Rock of Brentwood. Most of this building would be single story, but a small second-story element is included that would accommodate office and meeting facilities. The proposal also included a parsonage of 3,915 square feet comprised of three attached dwelling units. Two of the units would be two stories and the third unit, most likely for use by a groundskeeper, would consist of a single story, and all three units would have attached doublecar garages. The parsonage would be situated so that it would serve as a residential buffer between the existing single-family homes to the east and the more intensive church use on the westerly portion of the project site. In addition to the construction of the two buildings, development of the project site will include the installation of a parking lot, landscaping materials, utility infrastructure, a roadway dedication along Adams Lane, and the installation of any outstanding improvements along the adjoining street frontages. The applicant is requesting a three-year extension for this project.

ANALYSIS:

The requested extension is appropriate based on the fact that this is a well-designed project which, when completed, will comply with the existing General Plan and zoning designations in place on the property and has been designed to cause as little impact on the existing singlefamily residential uses to the east by placing the parsonage structure between the more intensive church-related uses and the existing residential units. No changes to the original conditions of approval are necessary. During the past year, several projects have requested similar extensions. In analyzing these requests, staff recognizes that, due to the ongoing recession, previously approved projects may be unable to collect sufficient funds to obtain the necessary permits within the original one-year approval period. In general, staff tries to balance the concerns of: (a) accommodating the economic hardship of the applicant; (b) limiting the extension to a reasonable time period; and (c) making sure that the traffic analysis and other considerations are still valid at the time that the project does go forward. While the current economic climate persists, staff recommends the following extensions: up to three years for nonprofit-sponsored community facilities; up to two years for smaller-sized commercial and residential projects; and one year for larger commercial and residential projects where there may be a need to re-analyze traffic or other issues if the project is further delayed. Based on this, the approval of a three-year time extension is recommended in order to provide the D.1.m
Packet Pg. 1362 Attachment: Attachment 13- July 20, 2010 Planning Commission Report and Resolution (2691 : Vineyard Academy Christian School- Call for 3 applicant with a reasonable opportunity to sell the other parcel, raise the necessary funds and construct the project.

ENVIRONMENTAL DETERMINATION:

A mitigated negative declaration was previously prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA). Several potentially-significant impacts were identified; however, mitigation measures were incorporated to reduce those impacts to less than significant levels. These mitigation measures were included as project-specific conditions of approval. There is no new information or changes to the project that would affect the conclusions of the mitigated negative declaration. Therefore, no additional environmental review is necessary for the requested extension.

RECOMMENDATION:

Adopt Resolution Nos. 10-046 and 10-047 approving a three-year time extension for The Rock of Brentwood church project.

ATTACHMENTS:

1. Resolution No. 10-046

2. Resolution No. 10-047

3. Time Extension request letter submitted by Mark Duke of The Rock of Brentwood church, dated “Received May 7, 2010”

4. Approved project plans for Conditional Use Permit No. 08-31 and Design Review No. 08-20, prepared by Stirling Architects Inc., Benchmark Consultants, and KLA Landscape Architecture and Planning dated “Received May 18, 2010”

5. Planning Commission staff report for The Rock of Brentwood project dated June 16, 2009

6. Resolution No. 09-032

7. Resolution No. 09-033

8. Resolution No. 09-034

9. Vicinity map

10. Aerial of the project site and surrounding area
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Packet Pg. 1363 Attachment: Attachment 13- July 20, 2010 Planning Commission Report and Resolution (2691 : Vineyard Academy Christian School- Call for PLANNING COMMISSION RESOLUTION NO. 10-046

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BRENTWOOD

APPROVING A THREE-YEAR TIME EXTENSION FOR A CONDITIONAL USE PERMIT (CUP 08- A1) 31-FORA 20,687 SQUARE-FOOT CHURCH USE AND AN ASSOCIATED PARSONAGE TOTALING 3,915 SQUARE FEET TO BE LOCATED ON A 5. ACRE64-PARCEL SOUTH OF GRANT STREET BETWEEN ADAMS LANE AND LONE OAK ROAD (APN 016-07). 040-
WHEREAS, the Planning Commission of the City of Brentwood originally approved Conditional Use Permit No. 08-31 by Resolution No. 09-034 at its regular meeting of June 16, 2009, to allow a 20,687 square-foot multi-function gymnasium/sanctuary building and a 3,915 square-foot parsonage located south of Grant Street between Adams Lane and Lone Oak Road; and
WHEREAS, Mark Duke, on behalf of the property owner, Fremont Apostolic Church, Inc., has requested approval of a three-year time extension with respect to Conditional Use Permit No. 08-31; and
WHEREAS, an initial study and mitigated negative declaration were previously prepared for this project in accordance with the California Environmental Quality Act (CEQA) and, as no changes to the project are requested and no new significant effects have been identified, no additional environmental review documentation is necessary at this time; and WHEREAS, the Planning Commission of the City of Brentwood considered this time extension request at its regular meeting of July 20, 2010.

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

A. Hereby approves athree-year time extension for Conditional Use Permit No. 08- 31, as previously conditioned.

B. Hereby finds that Conditional Use Permit No. 08-31, as extended by this resolution, shall terminate on June 16, 2013, unless actual construction or alteration under valid permits has begun within said period or a written request has been submitted to the City for an extension of time as allowed under the Zoning Ordinance.

C. Hereby finds that Resolution No. 09-034 remains in full force and effect, except as extended herein.

The above actions are final unless an appeal is filed pursuant to Chapter 17.880 of the Brentwood Municipal Code within ten (10) calendar days following Planning Commission action.

ADOPTED by the Planning Commission of the City of Brentwood at its regular meeting of July 20, 2010, by the following vote:

D.1.m
Packet Pg. 1364 Attachment: Attachment 13- July 20, 2010 Planning Commission Report and Resolution (2691 : Vineyard Academy Christian School- Call for AYES: Chairman Bristow, Commissioners Collins, Fink and Weber NOES:

ABSENT:

ABSTAIN: Commissioner Stirling
APP
c_,
D id Bristow
Planning Commission Chairman
ATTEST:

Alex Greenwood
Economic Development /Planning Manager
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Packet Pg. 1365 Attachment: Attachment 13- July 20, 2010 Planning Commission Report and Resolution (2691 : Vineyard Academy Christian School- Call for 1 STAFF REPORT

PLANNING COMMISSION REGULAR MEETING OF
NOVEMBER 5, 2013
PREPARED BY: Tim Nielsen, Assistant Planner
[email protected]
AGENDA ITEM & FILE NUMBER: Item No. _; (1) Design Review No. 08-20-A1; (2) Conditional Use Permit No. 08-31-A1
PROJECT DESCRIPTION: An amendment to a previously approved design review (DR 08-20-A1) and conditional use permit
(CUP 08-31-A1) application, for an 11,237 squarefoot church use and daycare, including a multifunction gymnasium/sanctuary building, and a
3,915 square-foot parsonage known as The Rock
of Brentwood.

PROJECT SIZE & LOCATION: The 5.64-acre project site is located south of Grant Street between Adams Lane and Lone Oak Road
(APN 016-040-007).

GENERAL PLAN: Very Low Density Residential (VL)
ZONING: Single-Family Residential Estate (R-1-E)
OWNER/APPLICANT: The owner of record is Fremont Apostolic Church, Inc. The applicant is Mark Duke on behalf of The
Rock of Brentwood church.

PREVIOUS ACTIONS:
• Three-year time extensions for Design Review No. 08-20 and Conditional Use Permit No. 08-31 were approved by the Planning Commission in July 2010. • Design Review No. 08-20 and Conditional Use Permit No. 08-31, approving a 20,687 square-foot church use, including a multifunction gymnasium/sanctuary building and a 3,915 square-foot parsonage, were approved by the Planning Commission in June 2009.
• Parcel Map No. 356-03 and Variance No. 03-23 to subdivide a 6.2-acre parcel into one 15,250 square-foot lot and a remainder parcel was approved by the Planning Commission in December 2003.

BACKGROUND:

The project site was originally part of a larger, approximately 6.2-acre parcel for which a lot split was approved in 2003, subdividing the parcel into a lot of approximately 15,250 square feet and D.1.n
Packet Pg. 1366 Attachment: Attachment 14- November 5, 2013 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call 2 a remainder parcel of approximately 5.64 acres. A single family home was retained on the smaller lot now addressed as 1971 Lone Oak Road. This parcel split was originally processed in order to allow the development of the larger remainder parcel with a very low density single family residential subdivision in conformance with the General Plan. Both of the parcels were purchased by The Rock of Brentwood church in 2008, but the proposed project only affects the larger remainder parcel.

A design review (DR 08-20) and conditional use permit (CUP 08-31) were approved by the Planning Commission in June 2009 for the development of a 20,687 square-foot church building containing a multifunctional gymnasium/assembly space, classrooms, a nursery, and coffee lounge on the ground floor, as well as offices and conference rooms on a much smaller second floor. This building was situated toward the west end of the site and was intended to be the first of two institutional buildings on the site, with a building pad reserved for a future dedicated assembly building to the east. The approval also included a 3,915 square-foot parsonage at the extreme east end of the site that contained three separate living units. This building was intended to act as a residential buffer between the church site and an existing single-family residence to the east.

In July 2010, a three-year time extension request was granted by the Planning Commission, extending the life of both the design review and conditional use permit approvals. In June of this year, the applicant submitted applications to amend the design of the original multifunction building and modify the use by adding a preschool center, while retaining the approvals for the parsonage units at the east end of the site.

PROJECT DESCRIPTION:

The project includes the development of the west half of the 5.64-acre site with a church use consisting of an 11,237 square-foot multifunction gymnasium/sanctuary building that would also contain classrooms, a kitchen, offices, a nursery/preschool center, a coffee bar, and storage rooms. The design is a scaled-down version of the previous multifunction building approved for the site. The main assembly space would not have fixed seating, in order to allow the facility to be utilized for other purposes. The three-unit parsonage that was included in the initial approval has been retained unchanged, and is intended to house church staff and visiting speakers.

Two of the parsonage units would be two stories and the third would be a single story. Overall, approximately 3,915 square feet of living area would be included in the three parsonage units and each would have a private, two-car attached garage. Construction of the parsonage would occur in a future phase of development.

The current proposal contains the development of the westerly half of the project site and will include the installation of a parking lot, landscaping materials, utility infrastructure, a roadway dedication along Adams Lane, and the installation of any outstanding improvements along the adjoining street frontages. A planned future phase would include the development of the easterly portion of the site with a dedicated assembly building with a footprint of up to 22,500 square feet. The timing of this phase is currently unknown and would first require a separate design review submittal and an amendment of the conditional use permit, at a minimum.

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Packet Pg. 1367 Attachment: Attachment 14- November 5, 2013 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call 3 ANALYSIS:

General Plan Consistency
The project site is designated Very Low Density Residential (VL) according to the General Plan.

Zoning Consistency
The project site is zoned Single-Family Residential Estate (R-1-E), which is predominantly a residential zone that allows for the development of larger-lot single-family residential uses with a minimum lot size of 14,500 square feet (or 10,000 square feet with the granting of a conditional use permit). Although Section 17.120.003 of the Brentwood Municipal Code does not specifically list churches as conditionally-permitted uses, Section ‘A’ does include those uses that are conditionally-permitted in the Ranchette Estate (RE) zone. Referring to Section

17.110.003, Section ‘C’ lists churches and religious institutions as conditionally-permitted uses within the RE zone. Therefore, by reference, they are conditionally-permitted in the R-1-E Zone.

The maximum building height allowed in the R-1-E Zone is two stories or 30 feet for main buildings, and the maximum proposed height of the multifunction building is 26 feet-2 inches, with the main body of the building not exceeding 20 feet. The design of the parsonage remains unchanged with a maximum height of 25 feet-8 inches. The R-1-E Zone also requires a minimum setback of 20 feet in any front yard, 10 feet in any side yard with a minimum aggregate side yard setback of 25 feet, and a minimum rear yard setback of 30 feet. The multifunction building and the parsonage meet the setback requirements of the R-1-E Zone as follows:

Distance from
Adams Lane
Distance from Grant
Street/northerly
property line
Distance from
southerly
property line
Distance from
easterly property line
Multifunction
Building
221 Feet 31 Feet 56 Feet 600 Feet +
Parsonage 850 Feet 52 Feet 40 Feet 25 Feet
All of the setbacks pertaining to the new multifunction building are greater than the setback previously considered for the larger footprint building.

D.1.n
Packet Pg. 1368 Attachment: Attachment 14- November 5, 2013 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call 4 Site Plan and Access
The project site is a rectangular parcel of approximately 5.64 acres and is generally oriented east-west. The main building proposed during this phase of development, an 11,237 squarefoot gymnasium/sanctuary facility, is near the west end of the site, about 220 feet from Adams Lane. The 3,915 square-foot parsonage, planned for a future development phase, is at the east end of the project site near the two existing single-family residential parcels. The site has an area reserved for a future main assembly building that is located between the multifunction building and the parsonage, but nearer the east end of the site.

The overall project will include two points of vehicular access, with one on the west side of the site from Adams Lane and one on the east side of the site from Lone Oak Road. These access points are at the southwest and southeast corners of the project site, respectively. The driveway at the west end of the site is designed to line up with the exit-only driveway from the Marsh Creek Elementary School parking lot on the west side of Adams Lane. Neither entrance would be signalized, but full vehicle turning movements would be allowed at both entrances.

No direct access from Grant Street will be available as it is designed as a two-lane minor arterial street, and the City prefers to limit the number of vehicular access points from these types of roadways. There is one main drive aisle along the southern end of the site linking the two driveways. However, the applicant has proposed to construct only the driveway onto Adams Lane on the west side of the site in conjunction with the first phase of the project, and leave improvements related to the Lone Oak Road driveway and connecting aisle until a future phase. This was a point of concern for staff and several potential solutions were discussed with the applicant. Although not likely to occur immediately, the applicant has agreed to discuss alternative solutions should traffic impacts occur, and the project has been conditioned accordingly.

Pedestrian circulation for the site has been addressed by providing a strategically-located interior link that runs most of the length of the site between the west end of the parking lot and the west side of what is proposed as the future main sanctuary building. The link runs near the center axis of the site and would be composed of a decorative concrete walkway. A condition of approval has been included, requiring that this link include a surface with varied texture to increase the awareness of drivers crossing the main pedestrian link. There are two dedicated external pedestrian links proposed at this time. One is located immediately northwest of the proposed building and would connect the multipurpose building to the public sidewalk on Grant Street. The other link connects the central pedestrian walkway to Adams Lane through the substantial landscape buffer along the project frontage. An additional pedestrian link will be required in the future once the permanent access point to Lone Oak Road is installed.

Parking
The applicant has proposed a total of 87 parking spaces on-site, all of which are full-size stalls, and six handicap-accessible spaces. Two full parking aisles are situated west of the multifunction building, while one-and-a-half aisles are located to the east, between the future assembly building and the proposed multifunction building. Section 17.620.012.T of the Brentwood Municipal Code requires that places of assembly, including religious institutions, have one parking space for each five fixed seats in principal assembly rooms or one space per 50 square feet of floor area in assembly rooms that do not have fixed seating. The principal assembly area totals approximately 3,800 square feet and, based on the required parking ratio, would necessitate the provision of 76 parking stalls. The proposed parking spaces exceed the D.1.n
Packet Pg. 1369 Attachment: Attachment 14- November 5, 2013 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call 5 number required by 11 stalls. Development of a larger assembly building in the future would require additional parking stalls to be provided on the site, a requirement that could be met on the remaining approximately 3.32 acres of the project site.

Fencing/Walls
Although no walls or fences are expressly required by the Brentwood Municipal Code, the possibility was discussed with the applicant, who has agreed to provide a 6-foot high masonry wall along the common property line shared with the residences at 1931 and 1971 Lone Oak Road at the east end of the project site. This design solution will help to mitigate the noise, light, and glare impact that the proposed project will have on the neighboring residential units.

The design of this wall has been conditioned to return to staff for final review and approval prior to the issuance of a building permit for the parsonage units. This barrier should be composed of colored dual split-face blocks with a decorative trim cap incorporated into the design. The site plan also identifies an existing post fence along the southerly property line that is designated for removal. The 10-acre parcel to the south is used for grazing proposes and would require reinstallation of a new fence in the future. A condition of approval has been included requiring the applicant to work with the neighboring property owner to ensure that adequate fencing is maintained to secure the livestock.

Architecture
The multifunction gymnasium/sanctuary is rectangular in shape with some minor horizontal wall plane changes incorporated into the south and west facades of the building. The building is one story, but there is a significant vertical wall plane change incorporated into the design of the building. The building footprint measures 11,237 square feet and the gymnasium/sanctuary is situated in the middle of the building with offices, classrooms, and the kitchen lining the north and south sides. Given the additional height needed within the assembly room, the middle of the building extends above the surrounding rooms, creating this significant wall plane change.

The structure would have a maximum height of 20 feet above the main gym/sanctuary space and lobby area, with the height of the outer portions of the buildings stepping down to 14 feet over the remaining office and classroom areas. The main building entry is enhanced by the inclusion of an arched tower element that covers the entryway. This feature rises to a height of 26 feet 2 inches and comprises the main visual focal point on the west elevation. These varying roof heights reduce the massing of the building and serve to break up the height of various wall planes.

The building would be wood-framed with a stucco finish and decorative features, including pilasters at every corner element of the building, banding that wraps three sides of the building, dimensioned window trim, and a substantial parapet crown. The parapet treatment, pilasters, and entry form are features that have been carried over from the originally-approved multifunction building, maintaining a common design theme between the proposals. One element that was included on the original design, but that is conspicuously absent from the proposed building, is a stone wainscot. This element was one of the strengths of the design of the original building and its inclusion in the proposed building would further enhance the architectural style of the building and help relate the future parsonage design elements to the multifunction building. The applicant has agreed to the inclusion of this feature and a condition of approval has been included, requiring the addition of this element beneath the stuccocovered trim banding.

D.1.n
Packet Pg. 1370 Attachment: Attachment 14- November 5, 2013 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call 6 The majority of the roof of the multifunction building consists of parapet roof forms; however, a pitched roof has been included over the westerly building entry and is clad with a standing seam metal material. This material has been chosen to compliment the existing roof on the nearby Marsh Creek Elementary School. Four complimentary earth tones have been chosen for the main body colors and trim elements.

The parsonage is composed of two two-story units and one single-story unit on the northern end of the structure. The structure is 25 feet-8 inches high and incorporates a gently-sloping 4:12 roof pitch to help reduce the scale of the building. Although there are few existing homes with tile roofs in the immediate vicinity, the parsonage is proposed to have a tile roof to complement the homes within the Portofino Estates project to the north. The color palate is similar to that of the multifunction building and stone veneer is proposed at various locations on the parsonage building. A number of design features help to break up the massing of the building, especially along the east elevation. These elements include vertical and horizontal wall plane changes, architectural pop-outs, second-story decks, and recessed porches.

Peer Review Comments
The original project plans were circulated to the City’s peer review architect in 2009, but the amended drawings were not re-circulated due to the close architectural relationship between the original plans and the proposed designs. Many of the original comments that address the site design, hardscape elements, and placement of landscape materials remain valid, given the close resemblance between the original and current designs. The same is true for the comments addressing the parsonage, given the unaltered plans for that structure. These have either been incorporated into the plans provided in conjunction with the current proposal or have been included as conditions of approval. Several peer review comments addressed the building design and are no longer applicable, given the change in the design and scale of the building, such as the comment related to the arch-to-column connections and the application of decorative medallions. However, the proposed building remains closely correlated to the architectural design of the original multifunction building and other comments addressing awnings and column dimensions remain applicable and are addressed in the conditions of approval. The original peer review comment letter has been attached to this report for the Commission’s reference.

Landscaping
The preliminary landscape plan includes landscaping around the perimeter of the site, and throughout the parking lot area. The planting palate includes a wide variety of trees, screening shrubs, low flowering shrubs, perennials, and vines. A total of 106 trees are proposed to be planted on the site, including 27 trees positioned to shade parking stalls. A significant number of evergreen trees are shown along the southern boundary for screening purposes. The Brentwood Municipal Code requires that parking lot shade trees be spaced every three spaces throughout the parking area. The proposed planting plan generally meets this spacing requirement, with the exception of the first rows of spaces located immediately east and west of the building. A condition of approval has been included requiring the planting of three additional London Plane Trees in the lawn area immediately east of the multifunction building. These will serve to provide some shade for the adjacent parking stalls and screen the east elevation of the building from residents along Lone Oak Road and traffic along Grant Street.

All trees are proposed to be sized at either 15 gallon or 24-inch box and are predominately low water-use species. A standard condition of approval requires the submittal of detailed landscape D.1.n
Packet Pg. 1371 Attachment: Attachment 14- November 5, 2013 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call 7 and irrigation plans for review and approval prior to the issuance of a building permit. These plans must be in conformance with the City’s Water Efficient Landscape Ordinance.

The site has been designed with minimum eight-foot-wide landscape areas between facing rows of parking in conformance with the City’s design guidelines. Many of these landscape strips have been designed to treat stormwater runoff and accommodate the planting of parking lot shade trees. While there appears to be sufficient space to contain both features in most of these dualuse areas, there is the possibility of conflict between the planting of trees and the C.3 treatment areas, especially along the southerly property line. A condition of approval has been included requiring the installation of all trees outside of any stormwater treatment area.

Lighting
The only lighting proposed in conjunction with this application is parking lot lighting standards.

These are of a classic decorative pole and head design and the overall height of the pole and fixture combination does not exceed a height of 20 feet. These fixtures appear to be of a cut off classification, but this will be verified in conjunction with the review of the site photometric plan and lighting cut sheets prior to issuance of a building permit. This has been memorialized as a condition of approval. No building-mounted lighting is proposed in conjunction with this application. In the event that the applicant later desires to install lighting for security purposes, a condition of approval has been included that requires the applicant to return to staff for approval of all building-mounted lighting fixtures and that the fixtures meet the same classification requirements as the parking lot lighting.

Signage
Religious uses rarely mount signs on building walls other than small directional signs and other small informational signs required by the building code. These types of uses often will install one monument/site identification sign on a prominent corner, adjacent to the main vehicular entrance, or adjacent to the primary street frontage. There are no signs included in this review, however, prior to the manufacture and installation of any future signage, the applicant will be required to apply for and receive approval of an administrative sign permit through the Community Development Department.

Conditional Use Permit
As discussed above, churches are allowed as conditionally-permitted uses within most residential zones, including the R-1-E Zone. The conditional use permit process allows proposed projects to be reviewed with special attention to impacts that the use may have on surrounding properties and other nearby uses, especially those that are more sensitive to impacts created by dissimilar neighboring uses such as private residences. Several features were incorporated into the design of the project that would help lessen the impact of the proposed church and accessory uses on the single-family residences to the east, including the installation of a block wall along the common property lines, the orientation of the parsonage toward the homes, and the placement of the parsonage to act as a buffer between the existing homes and the proposed church use.

With respect to the use of the parsonage, the applicant has indicated that the three units are accessory to the church use and are intended to house a youth pastor, grounds keeper, or other church staff and would be made available to temporary occupants such as missionaries that are in the area on furlough. A condition of approval has been included to ensure that the D.1.n
Packet Pg. 1372 Attachment: Attachment 14- November 5, 2013 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call 8 parsonage is either occupied by church employees and their families or are made available to those persons who are supported by the church but normally reside elsewhere. The parsonage is not intended to be leased or made available to non-employee church members/attendees or members of the public at large.

The applicant has indicated that weekly events would usually include a Sunday service from 10:00 am until noon and evening events such as bible studies or youth groups generally from 6:00 pm until 9:00 pm. Weekly office hours would typically extend from 9:00 am until 5:00 pm, Monday through Friday. Finally, the coffee lounge is planned to operate in conjunction with the major service/use schedules and is not intended to operate as a separate vendor. A condition of approval has been included formalizing these operational hours and specifying that any changes may be submitted for review and approval of the Community Development Director, who may refer the request to the Planning Commission for review, depending on the request.

The preschool would be available Monday through Friday from 6:00 am through 6:00 pm, and the space will double as a nursery on Sunday mornings during church services. The majority of preschool-related traffic would occur prior to the increase in traffic associated with Marsh Creek Elementary School in the morning hours and also into the evening hours, well past the end of the traditional school day. The design of the preschool facility includes modern surveillance equipment to provide security for the children and teachers, and an added level of comfort for the parents.

PUBLIC COMMENTS:

A public hearing notice was published in the Brentwood Press and mailed to property owners within 300 feet of the site on October 25, 2013. A neighborhood meeting was held when the project was initially considered in 2009, and comments were only received from the neighbors at 1931 Lone Oak Road, which backs up to the project site near the location where the parsonage would be constructed. Their primary concern was for the noise and visual impact that the use would have on their property. In order to address their concerns, the applicant oriented the parsonage with the front of the structure facing the residential property while designing it to appear like a single-family home. The applicant also agreed to install the block wall along the common property line to reduce the noise impact as much as possible. The installation of a ‘zone wall’ is a common solution when more intensive uses are proposed adjacent to residential homes. These solutions remain a part of the project and related conditions of approval.

ENVIRONMENTAL DETERMINATION:

A mitigated negative declaration was prepared for the original project approval in accordance with the requirements of the California Environmental Quality Act (CEQA). Several potentially significant impacts were identified; however, mitigation measures were incorporated to reduce those impacts to less than significant levels. As the proposed amendment includes a multifunction building that is substantially smaller than the original building proposed on the site, this project would not create any impacts beyond those anticipated in connection with the original project. Therefore, the previously-approved mitigated negative declaration remains valid. All mitigation measures not addressed by the standard conditions of approval have been included as recommended conditions of project approval.

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Packet Pg. 1373 Attachment: Attachment 14- November 5, 2013 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call 9 RECOMMENDATION:

Adopt Resolution Nos. 13-028 and 13-029 respectively approving the amendments to Design Review No. 08-20-A1 and Conditional Use Permit No. 08-31-A1 as conditioned.

ATTACHMENTS:

1. Resolution No. 13-028

2. Resolution No. 13-029

3. Project plans for The Rock of Brentwood, prepared by Stirling Architects, Inc., Benchmark Consultants, and KLA Landscape Architecture and Planning, dated “Received August 20, 2013” (Grading and Drainage Plan, Floor Plan, Elevations, accessory structure and fixture details, Conceptual and Preliminary Landscape Plan, Existing Site Survey, Preliminary Utility Plan, Preliminary Stormwater Control Plan)

4. Project plans for parsonage, prepared by Stirling Architects, Inc., dated “Received December 8, 2008” (Site Plan, Floor Plans for parsonage, Elevations for parsonage, Roof Plan for parsonage, Cross-Section for parsonage)

5. Mitigated Negative Declaration

6. Mitigation Monitoring Plan

7. Vicinity map

8. Aerial of the project site and surrounding area

9. Original project staff report for Design Review No. 08-20 and Conditional Use Permit 08-31 from the meeting of June 16, 2009

10. Excerpt for The Rock of Brentwood from the Planning Commission meeting minutes of June 16, 2009

11. Original project plans for The Rock of Brentwood, prepared by Stirling Architects, Inc., Benchmark Consultants, and KLA Landscape Architecture and Planning, dated “Received December 8, 2008” and approved by the Planning Commission on June 16, 2009

12. Peer Review comments prepared by Larry Canon, dated “Received December 11, 2008” D.1.n
Packet Pg. 1374 Attachment: Attachment 14- November 5, 2013 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call PLANNING COMMISSION RESOLUTION NO. 73- 028

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BRENTWOOD APPROVING AN AMENDMENT TO DESIGN REVIEW NO. 08-20 ( DR 08-20-A1) FOR THE DESIGN OF AN 11, 237 SQUARE- FOOT CHURCH BUILDING AND A PARSONAGE TOTALING 3, 915 SQUARE FEET TO BE LOCATED ON A 5.64-ACRE

PARCEL SOUTH OF GRANT STREET BETWEEN ADAMS LANE AND LONE OAK ROAD ( APN 016- 040- 007).

WHEREAS, the Planning Commission of the City of Brentwood has considered the request for an amendment to Design Review No. 08- 20, submitted by Fremont Apostolic Church, to allow for an 11, 237 square- foot sanctuary/ gym building and a 3, 915 square- foot parsonage to be constructed on a 5. 64- acre site located south of Grant Street between Adams Lane and Lone Oak Road; and
WHEREAS, the applicant submitted a concurrent application for an amendment to Conditional Use Permit No. 08- 31; and
WHEREAS, the Planning Commission originally approved Design Review No. 08- 20 on June 16, 2009; 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 October 25, 2013, in accordance with City policies and Government Code Section 65090; and WHEREAS, the Planning Commission of the City of Brentwood adopted a Mitigated Negative Declaration prepared in support of this project in 2009 and the impacts of the proposed amendment to the project fall within the scope of the original Mitigated Negative Declaration; and
WHEREAS, the Planning Commission of the City of Brentwood considered this project at its regular meeting of November 5, 2013, and considered the staff report, all accompanying information, and testimony received from the applicant and other interested parties.

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

A. Hereby finds that:

1. The location and design of the proposed use as conditioned will not adversely affect abutting properties and the surrounding neighborhood as the proposed project includes a multifunction church building that is positioned on the parcel so as to be substantially removed from existing residential uses and also includes the construction of a parsonage positioned to buffer the neighboring residences from the church use; and

2. The proposed development creates a well- composed urban design, harmoniously related to other planned facilities in the immediate area in that staff has reviewed the project proposal and has found that it is, or has been conditioned to be, in conformance with all City standards and specifications to ensure a well- designed site, composed of visually- appealing structures, and 1 D.1.n
Packet Pg. 1375 Attachment: Attachment 14- November 5, 2013 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call providing adequate Iandscaping along adjacent streets and within on- site landscape areas; and

3. Special consideration has been given to those elements of the design that have significant relationship to the exterior appearance of structures proposed within the project site, including the height of the buildings, bulk and scale ( especially of the multifunction building), layout on the site, building design, and building material selection; and

4. The location and internal arrangement of both structures and other facilities as conditioned on the site, including land uses, internal circulation, and parking are conducive to an orderly, attractive, efficient, and harmonious development as the project, as conditioned, will comply with all proposed zoning requirements, adjacent public streets have been designed to meet City standards with incorporated sidewalks, one vehicular point of access constructed with the first phase, and a second point with future phases, and two dedicated pedestrian points of access have been provided to the project site to meet a variety of transportation needs; and

5. The requested architectural design, site improvements, etc., as conditioned, are compatible with the City's plans for the surrounding neighborhood and the proposed development shall be of a quality and character appropriate to, and serving to protect and enhance the value of, private and public investments in the immediate area in that the proposed project is consistent with the Commercial Design Guidelines and is required to comply with the standard conditions of approval for commercial and industrial projects, and the design and scale of the proposed structures is complimentary to that of the nearby projects; and

6. The proposed development conforms to the development standards in effect within the Single- Family Residential Estate ( R- 1- E) zone; and

7. The proposed project incorporates elements and features included in the Commercial Design Guidelines adopted by the City Council on March 13, 2001; and

8. The subject site, as conditioned, will not have any adverse environmental impacts on surrounding properties as a Mitigated Negative Declaration has been prepared and approved prior to this project addressing any significant impacts that the project might have on the subject site or on surrounding properties.

B. Hereby Approves an amendment to Design Review No. 08- 20 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; and C. Hereby determines that this resolution supersedes Planning Commission Resolution No. 09- 033 approving a 20, 687 square-foot multifunction building, a 3, 915 square- foot parsonage, and related improvements ( DR 08- 20) on the subject parcel ( APN 016- 040- 007).
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Packet Pg. 1376 Attachment: Attachment 14- November 5, 2013 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call D. This permit shall terminate on November 5, 2014, unless actual construction or alteration under valid permits has begun within said period or a written request has been submitted to the City, prior to the expiration date, for an extension of time as allowed under the Zoning Ordinance.

The above actions are final unless an appeal is filed pursuant to Chapter 17. 880 of the Brentwood Municipal Code within ten ( 10) calendar days following Planning Commission action.

ADOPTED by the Planning Commission of the City of Brentwood at its regular meeting of November 5, 2013, by the following vote:

AYES: Brockman, Fink, Wallace, Weber
NOES: None
ABSENT: Crannell
ABSTAIN: None
APPRO ED:
seph eber
Planning Commission Vice Chairperson
ATTEST:

Erik Nolthenius
Planning Manager
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Packet Pg. 1377 Attachment: Attachment 14- November 5, 2013 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call EXHIBIT " A" TO
PLANNING COMMISSION RESOLUTION NO. 13- 028

CONDITIONS OF APPROVAL FOR
DESIGN REVIEW NO. 08-20- A1
General conditions of approval not associated with proiect milestones

1. The project shall be built substantially in conformance with the plans prepared by Stirling Architects, Inc., Benchmark Consultants, and KLA Landscape Architecture and Planning, dated " Received August 20, 2013," unless otherwise amended by the Planning Commission or the conditions of approval contained herein.

3. The developer shall be responsible for mitigating the natural run- off from adjoining upstream property to the satisfaction of the Director of Public Works/City Engineer.

4. The developer shall relinquish all access rights, except at approved access locations, along Grant Street, Adams Lane, and Lone Oak Road to the satisfaction of the Director of Public Works/ City Engineer.

5. The applicant shall widen Adams Lane to accommodate a northbound left turn lane, a thru lane, a right turn lane and a bike lane at its intersection with Grant Street including curb, gutter and sidewalk along the property frontage. The widening must be completed to the satisfaction of the Director of Public Works/ City Engineer in conjunction with the necessary infrastructure improvements on the site and may require relocation of one signal pole and a catch basin.

6. The applicant shall dedicate additional right- of-way along the Adams Lane frontage to accommodate pavement widening and sidewalk installation.

7. The applicant shall widen Lone Oak Road including curb, gutter and sidewalk along the property frontage to the satisfaction of the Director of Public Corks/ City Engineer prior to a certificate of occupancy being issued for any of the parsonage units.

8. The developer shall install all signs and pavement markings including the lane lines, legends, limits lines, etc, satisfactory to the Director of Public Works/ City Engineer, and consistent with the Traffic Division Guidelines for the Preparation of the Effective Signing and Striping Plans for Commercial and Industrial Developments.

9. The Design Review Subcommittee shall review the necessity to add a decorative ledgestone veneer wainscot to the multifunction building beneath the stucco- clad banding.

If required, a sample of the cladding material shail be submitted for the review and approval of the Community Development Director prior to the issuance of a building permit for the multifunction building. The wainscot shall not be carried around onto the south side of the building at the location of the children' s play yard. 4 D.1.n
Packet Pg. 1378 Attachment: Attachment 14- November 5, 2013 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call

10. The decorative columns incorporated into all four elevations of the multifunction building shall project more substantially from the building wall per the original comments received from the peer review architect. The depth of each column shall be at least one- half of the width of the column. This increased projection shall be reflected on the plans submitted in support of a buiiding permit application.

11. Awnings shall be added over the steel exit doors on the east elevation. The design of the awnings shall be submitted for the review and approval of the Community Development Director prior to the issuance of a building permit for the awnings. Additionally, the awnings shall be installed prior to the issuance of a certificate of occupancy for the multifunction building.

12. The final landscape plans shall reflect the addition of three London Plane Trees directly east of the multifunction building. These shall be placed so as to screen the building to the satisfaction of the Community Development Director.

13. The fence around the outdoor play area shall be of a tubular steel design, measuring six feet high, and have vertical members spaced no more than six inches on- center to prevent children from passing through the fence. The gates into and out of the play area shall be composed of the same tubular steel design and must be capable of being locked from the inside.

14. The exposed rafter tails on the parsonage shall be carried around to all four sides of the building. This modification shall be included on the plans submitted in support of the building permit application for this structure and must be installed to the satisfaction of the Community Development Director.

15. The broken first-floor roof line on the south elevation of the parsonage shall be carried along the full fa ade in the form of a dimensioned belly-band painted to match the color of the roof material. This alteration shall be reflected on the plans submitted in support of the building permit application.

16. The stone veneer wainscot included on the west and east elevations of the parsonage shall be carried along the full extent of the highly- visible south and north elevations per the peer review architect comments. This feature shall be submitted for the review and approval of the Community Development Director in conjunction with the plans submitted in support of the building permit application.

17. The vehicular access point on Adams Lane shall be improved in conjunction with the first phase of the project and shall be complete prior to the issuance of any certificate of occupancy for buildings on the site. Should traffic conflicts arise with any aspect of the proposed church and preschool uses, alternative access facilities shall be developed in consultation with and to the satisfaction of the City Engineer, up to and including the extension of the access aisle along the southerly property line to Lone Oak Road as a secondary access point.

18. When the vehicular access point to Lone Oak Road is installed, the developer shall install a decorative gate to block the driveway when the Lone Oak Road entrance is closed. The gate shall be equipped with a lock- override system ( such as a Knox Box) that is acceptable to the Brentwood Police Department and the East Diablo Fire Protection District. The design of the gate shall be submitted for the review and approval of the 5 D.1.n
Packet Pg. 1379 Attachment: Attachment 14- November 5, 2013 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call Community Development Director, the Director of Public Works/ City Engineer, the Police Chief, and the Fire District prior to approval of improvement plans for the site.

19. The developer shall design and construct storm water bio-filtration areas to meet the C. 3 requirements in accordance with the NPDES Permit, the project Storm Water Control Plan and the Contra Costa County Cleanwater Program Guidebook. All designs and improvements shall be completed to the satisfaction of the Director of Public Works/ City Engineer.

20. Small planting pockets with a minimum length of five feet and a minimum width of four feet shall be planted at both ends of the parsonage and between the garage doors along the west fa ade. These pockets shall be planted with decorative/ ornamental trees that compliment both the design of the parsonage and the plant palette on the remainder of the project site. The proposed trees shall be reflected on the final planting plan and the site improvement plans submitted in support of the parsonage shall reflect the inclusion of the planting pockets.

21. All trees shall be selected and planted as per the City' s Urban Forest Guidelines.

22. All trees shall be installed outside of the areas designed to treat stormwater runoff in compliance with the C. 3 requirements.

23. The developer shall work with the owner of the property located immediately to the south to ensure that an adequate barrier is maintained in- place throughout the construction process to make certain that the animals grazing in the pasture remain secure.

24. A building permit for the parsonage shall not be issued until the permit for the multifunction structure is obtained. Similarly, occupancy of the parsonage shail not be granted until a certificate of occupancy for the multifunction building is issued by the City of Brentwood.

25. All storm drain inlets ( both on- site and off-site) shall be labeled " No Dumping - Drains To Creek" with thermoplastic pavement markings. Thermoplastic stencils may be purchased at the City' s engineering division.

26. Flammable or combustible liquid storage tanks shall not be located on the site without obtaining approval and necessary permits from the Contra Costa County Fire Protection District.

27. The developer agrees to indemnify, hold harmless and agrees to defend the City and its officers, employees and agents against any claims, liabilities, damages or litigation challenging this approval or the underlying California Environmental Quality Act action.

Conditions of approval that must be satisfied prior to improvement plan approval

28. The design and location of all trash enclosures shall be submitted for the review and approval of the Director of Public Works/ City Engineer, prior to the approval of improvement plans.

29. The pedestrian connection that is proposed near the central axis of the site shall include either a stamped and dyed concrete finish or hand- laid paving stones. The walkway design shall include undulations substantial enough to be readily noticed when being 6 D.1.n
Packet Pg. 1380 Attachment: Attachment 14- November 5, 2013 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call crossed by a motor vehicle. This walkway shall be extended across the easterly drive aisle to the boundary of the work conducted in conjunction with Phase I of the project.

The design of the walkway shall be submitted for the review and approval of the Community Development Director prior to the approval of improvement plans for the project site.

30. As suggested by the peer review comments, the vehicular drive aisle along the southern end of the project site shall be revised to incorporate enhanced paving at the intersections designed to match the paving used in the main pedestrian link addressed in the previous condition. The design of these areas shall be submitted for the review and approval of the Community Development Director prior to the approval of improvement plans for the project site.

31. In conjunction with development of the proposed project, the developer shall shield all onsite 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. Buildingmounted lighting shall be installed no more than 8-feet above the finished grade. A lighting plan shall be submitted for the review and approval of the Director of Public Works/ City Engineer, the Community Development Director, and the Chief of Police in conjunction with the approval of improvement plans.

32. Prior to approval of final facilities design, the Director of Public Works/ City Engineer shall review plans for drainage and storm water runoff control systems and their component facilities to ensure that these systems and facilities are non- erosive in design.

33. A six- foot tall barrier complimenting the design of the new parsonage shall be constructed between the project site and the existing residential units to the east ( 1931 and 1971 Lone Oak Road). The barrier shall be located on the common property line, but in no case shall the barrier be constructed within any public easements. The design of the barrier shall be of a decorative masonry construction consisting of colored, dual split-face concrete blocks, and submitted for the review and approval of the Community Development Director prior to approval of improvement Plans or issuance of a grading permit. The barrier shall be installed prior to the issuance of a building permit for any of the parsonage units.

Conditions of approval that must be satisfied prior to anv construction- related disturbance

34. Protocol- level nesting surveys for Swainson' s hawk and loggerhead shrike shall be conducted prior to the initiation of any construction- related disturbance. A qualified biologist shall conduct the survey not more than 30 days prior to the application for a grading permit. The results of the survey shall be submitted to the Community Development Department and CDFW. If nests are not found, further mitigation is not required.

35. All trees with active nests shall be flagged and a non- disturbance buffer zone shall be established around the nesting tree in coordination with CDFW. Depending on the species involved, site conditions, and type of work proposed, the buffer zone can range from 50 feet to 500 feet in size.

A qualified ornithologist shall monitor active nests to determine when the young have fledged and are feeding on their own. CDFW shall be consulted for clearance before construction activities resume.
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Packet Pg. 1381 Attachment: Attachment 14- November 5, 2013 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call

36. No grading, soil disturbance, or compaction shall occur during periods of rain or on ground that contains free 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 limits approved by the Soil Engineer. Approval by the Soil Engineer shall be obtained prior to continuing grading operations.

Conditions of approval that must be satisfied durinp improvements on the site

37. All construction- related traffic shall enter and exit the site from Adams Lane.

38. During construction, the developer shall not leave disturbed areas not actively under construction exposed during the rainy season.

39. The developer shall ensure that each lot or parcel shall drain into a street, public drain, or approved private drain in such a manner that there will be no undrained depression.

Satisfaction of this measure shall be subject to the approval of the Director of Public Works/ City Engineer.

40. Prior to commencing construction, the developer shall provide access roadways having all-weather driving surfaces of not less than 20 feet unobstructed width, and not less than 13 feet, 6 inches of vertical clearance, to within 150 feet of travel distance to all portions of the exterior walls of every building. Access roads shall not exceed 16% grade, shall have a minimum outside turning radius of 45 feet, and must be capable of supporting imposed loads of fire apparatus ( 37 tons). The Director of Public Works/ City Engineer will ensure compliance.

Conditions of approval that must be satisfied arior to encroachment permit issuance

41. The developer shall be required to connect to the existing Brentwood utility network as well as pay all applicable fees in effect in order to ensure adequate capacity to serve the proposed project, at the time of building permit issuance. Improvement plans indicating conformance to City of Brentwood standards shall be prepared, submitted, and approved by the Director of Public Works/ City Engineer prior to encroachment permit issuance.

Conditions of ap,oroval that must be satisfied prior to qradina, oermit issuance

42. Prior to grading permit issuance, the developer shall comply with Chapter 17. 730 of the Brentwood Municipal Code ( Zoning — Agricultural Land Conservation), and thereby all adopted policies in the Conservation Element of the General Plan in order to mitigate the potential significant impact of the proposed project on the loss of farmland. The developer shall accomplish this by paying the City fee per acre of lost farmland in effect at the time of grading permit issuance.

43. Prior to grading permit issuance, the developer shall prepare an Erosion Prevention and Dust Control Plan. The plan shall be followed by the 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 deemed to be necessary for the proposed project:
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Packet Pg. 1382 Attachment: Attachment 14- November 5, 2013 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call a. Cover all trucks hauling construction and demolition debris from the site. b. A graveled track at project entryways to remove mud and dirt from vehicles leaving the site shall be provided.
c. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site.
d. Provide daily clean- up of mud and dirt carried onto paved streets from the site. e. Water ( or an acceptable soil binder chemical) shall be applied to all disturbed earth surfaces ( including earth roads and soil stockpiles). Surface material shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur twice per day with complete coverage, preferably in the late morning and at the completion of work for the day.
f. Use watering to control dust generation during demolition of structures or break- up of pavement.
g. Install sandbags or other erosion control measures to prevent silt runoff to public roadways.
h. Permanent soil stabilization measures shall be implemented throughout each phase of construction prior to commencement of grading on successive phases. i. Limit the area subject to excavation, grading, and other construction activity at any one time.
j. All clearing, grading, earthmoving, and excavation shall stop during periods of high winds greater than 20 mph over one hour.
k. All material transported off- site shall either be sufficiently watered or securely covered to prevent escape of dust and debris.

I. On- site vehicle speed shall be limited to 15 mph.
m. During rough grading and construction, adjacent public and private roads shall be swept once per day, or as required by the City, to remove silt and construction debris. n. Unnecessary idling of construction equipment shail be avoided. o. Equipment engines shall be maintained in proper working condition per manufacturers' specifications.
p. 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.

44. Prior to grading permit issuance, the project proponent shall submit to the California Department of Fish and Wildlife and to the Community Development Department a preconstruction survey of the project site for burrowing owls performed in accordance with CDFW standards. A qualified biologist shall conduct the survey not more than 30 days prior to the application for a grading permit. In addition, if ground- disturbing activities are delayed or suspended for more than 30 days after the pre- construction survey, the site shall be re- surveyed.

45. If burrowing owls are not discovered, further mitigation is not required. If burrowing owls are observed during the pre- construction surveys, the applicant shall perform the following measures to limit the impact on the burrowing owls:
a. A fenced 300- foot buffer shall be created between the nesting site( s) ( that is, the active burrow( s)) and any earth- moving activity or other disturbance. This 300- foot buffer could be removed once it is determined by a qualified raptor biologist that the young have fledged. Typically, the young fledge by August 31; however, this date may be earlier or later than August 31 and would have to be determined by a qualified raptor biologist.
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Packet Pg. 1383 Attachment: Attachment 14- November 5, 2013 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call b. After the burrowing owls are finished nesting on the project site, and after CDFW approves a mitigation site, any remaining burrowing owls that are residents on the project site shall be passively relocated by a qualified biologist in accordance with CDFW' s policies for passive removal. Any permit required to passively remove burrowing owls must be obtained from CDFW prior to the passive removal of resident owls from the project site. Verification of compliance with this measure shall be submitted to the Community Development Department.

46. All buildings shall be constructed in accordance with the applicable requirements of the Uniform Building Code, as well as all other applicable building codes and State laws. All buildings shall be engineered by an independent structural engineer and constructed to meet or exceed the legal requirements for seismic safety. A design Ievel geotechnical exploration must be perFormed for the subject site prior to grading and must include subsurface exploration and laboratory analysis to prepare design- level recommendations of grading and foundations, to the satisfaction of the Director of Public Works/ City Engineer and the Chief Building Official.

47. Prior to grading permit issuance, the developer shall submit a grading plan to the Director of Public Works/ City Engineer for approval. If the grading plan differs significantly from the proposed grading illustrated on the approved site and grading plan, a site plan that is consistent with the new revised grading plan shall be provided for review and approval by the Director of Public Works/City Engineer.

48. Any application for a grading permit shall include an erosion control plan. This plan shall identify protective measures to be taken during construction, supplemental measures to be taken during the rainy season, permanent methods of re- vegetation following completion of construction, the sequenced timing of grading and construction, and subsequent re- vegetation and landscaping work to ensure water quality in creeks and tributaries in the General Plan area is not degraded from its present level.

49. Prior to grading permit issuance, a Comprehensive Grading Plan shall be submitted to the Director of Public Works/ City Engineer that reflects the recommendations of the final design level geotechnical exploration. All recommendations of the design level geotechnical exploration and Director of Public Works/ City Engineer shall be incorporated into the grading plan as a condition of the project grading permit and verified in the field by the Director of Public Works/City Engineer or his representative.

50. Prior to grading permit issuance, the developer shall submit to the Director of Public Works/ City Engineer for review and approval a Drainage Master Plan which implements Best Management Practices ( BMPs) to control quality of storm water runoff.

51. 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.

52. Prior to grading permit issuance, the developer shall submit to the Director of Public Works/ City Engineer for review and approval a Drainage Master Plan that implements BMPs to control quality of storm water runoff. The plan shall describe how on- site drainage systems will 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 storm water entering or originating within the project site shall be conveyed, without 10 D.1.n
Packet Pg. 1384 Attachment: Attachment 14- November 5, 2013 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call diversion of the watershed, to the nearest adequate natural watercourse or adequate manmade drainage facility.

53. Design of both the on- site and downstream drainage facilities shall meet with the approvai of both the Director of Public Works/ City Engineer and the Contra Costa County Flood Control & Water Conservation District prior to grading permit issuance.

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

55. Construction activities shall be limited to the hours set forth by the Director of Public Works/ City Engineer and the Chief Building Official. Construction shall be prohibited on Sundays and City holidays. These criteria shall be included in the grading plan submitted by the developer for review and approval of the Community Development Director prior to grading permit issuance. Exceptions to allow expanded construction activities shall be reviewed on a case- by- case basis as determined by the Chief Building Official and the Director of Public Works/ City Engineer.

56. All construction equipment shall use properly operating mufflers, and no combustion equipment such as pumps or generators shall be allowed to operate within 500 feet of any occupied residence during construction hours, unless the equipment is surrounded by a noise protection barrier. These criteria shall be included in the grading plan submitted by the developer for review and approval of the Community Development Director prior to grading permit issuance.

57. Prior to issuance of grading permits, the applicant shall submit a Storm Water Pollution Prevention plan ( SWPPP) to the Director of Public Works/City Engineer that includes both construction stage and permanent storm water pollution prevention practices.

Conditions of aoproval that must be satisfied prior to anv aradinq activities on the site

58. The grading plan shall identify alI trees within the project site. Appropriate protective measures shall be taken to ensure preservation during grading activity. Any tree identified in the tree report prepared in support of the project application as being in good condition, but unable to be saved, shall be replaced to the satisfaction of the Community Development Director. Removal of any tree, regardless of its condition, shall be done outside of the raptor nesting season ( September 1 through February 1) or a nesting raptor survey shall be prepared immediately prior to removal. If an active nest is found, removal shall be delayed until the young fledge. Said survey shall be submitted to the Community Development Department for review and approval prior to the commencement of grading activity.

Conditions of approval that must be satisfied prior to issuance of a demolition oermit

59. Prior to the issuance of a demolition permit by the City for any on- site structures, any building materials identified as containing asbestos that are present in the structure shall be dismantled and removed via acceptable engineering methods and work practices by a licensed asbestos abatement contractor. These practices include, but are not limited to:
containment of the area by plastic, negative air filtration, wet removal techniques and personal respiratory protection and decontamination. The process shall be designed and 11 D.1.n
Packet Pg. 1385 Attachment: Attachment 14- November 5, 2013 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call monitored by a California Certified Asbestos Consultant. The abatement and monitoring plan shall be developed and submitted for review and approval by the Community Development Director.

60. Prior to the issuance of a demolition permit for existing on- site structures, all loose and peeling paint shall be removed and disposed of by a licensed and certified lead paint removal contractor, in accordance with local, State, and Federal regulations. The abatement and monitoring plan shall be developed and submitted for review and approval by the Community Development Department prior to the issuance of a demolition permit.

61. Prior to the issuance of a demolition permit for existing on- site structures, the demolition contractor shall be informed that all paint on the buildings shall be considered as containing lead. Under the supervision of the Community Development Director, the contractor shall take appropriate precautions to protect his/ her workers, the surrounding community, and to dispose of construction waste containing lead paint in accordance with local, State, and federal regulations.

Conditions of approval that must be satisfied prior to buildinq permit issuance

62. The applicant shall develop the Operation and Maintenance Manuals for the storm water control system. The Operation and Maintenance Manual shall address all aspects of the maintenance, including but not limited to; sediment removal, weed and trash abatement, use of chemicals, and sediment loading. The Operation and Maintenance Manuals must be reviewed and approved by the Director of Public Works/ City Engineer prior to approval of the improvement plans. The applicant shall form or annex into the most current street lighting and landscape maintenance assessment district for maintenance of all public street lights and landscaping district within or adjacent to the project site prior to issuance of a building permit to the satisfaction of the Director of Public Works/ City Engineer.

63. The applicant shall form or annex into the most current City of Brentwood Community Facilities District to fund emergency medical and public safety personnel, open space maintenance and operations, and flood and storm drain services prior to issuance of a building permit to the satisfaction of the Director of Public Works/ City Engineer.

64. All parking lot light fixtures shall meet either a cut off or full- cut off classification. Detailed cut-sheets allowing staff to verify adherence to this condition must be submitted for the review and approval of the Community Development Director prior to the issuance of any building permit for the property.

65. Should the applicant wish to include any building- mounted light fixtures, the designs shall be submitted for the review and approval of the Community Development Director prior to the issuance of any building permit on the property. At the same time, cut- sheets shall also be submitted to ensure adherence to the cut off or full- cut off classification requirement.

66. In the event that prehistoric traces are encountered during construction ( human remains, artifacts, or concentrations of shell, bone, rock, or ash), all construction within a 150-foot radius of the find shall be stopped immediately. The City of Brentwood shall be notified and an archeologist shall be retained to examine the find and make appropriate recommendations.
12 D.1.n
Packet Pg. 1386 Attachment: Attachment 14- November 5, 2013 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call If human remains are discovered, the County Coroner shall be notified immediately.

There may be no further excavation or disturbance of the site or any nearby area that may be reasonably suspected to overlie adjacent human remains until the conditions specified in Section 15064. 5( e) of the CEQA Guidelines are satisfied. In particular, if the coroner determines that the remains are Native American and not subject to County authority, the Coroner shall notify the Native American Heritage Commission, which shall attempt to identify descendants of the deceased Native American. The descendants shall then have an opportunity to make recommendations regarding the treatment or disposal of the remains.

If the City of Brentwood and the archeologist determine that the archeological find is a significant historical resource, the resource will be avoided and preserved in place if possible. If avoidance is not possible, and if data recovery through excavation is the only feasible mitigation for impacts to such resources, a data recovery plan, which makes provision for adequately recovering the scientifically consequential information from and about the historical resource, shall be prepared, approved and adopted by the City prior to any excavation being undertaken.

These measures shall be described on the Contractor' s notes of all applicable plans.

Inclusion of these measures shall be verified by the City of Brentwood Community Development Department prior to the issuance of building permits and/ or approval of final grading permits.

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

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

69. Prior to building permit issuance, the developer shall comply with all applicable requirements of the Uniform Fire code and the adopted policies of the East Contra Costa Fire Protection District ( ECCFPD). The City' s Building Division shall review the building plans to ensure compliance.

70. Prior to building permit issuance, the developer shall provide an adequate and reliable water supply for fire protection with a minimum fire flow to the satisfaction of ECCFPD.

The Public Works Department shall ensure the minimum fire flow requirements are satisfied.

71. Prior to building permit issuance, the developer shall provide the number and type of hydrants called for by ECCFPD. Hydrant locations will be determined by ECCFPD prior to issuance of any encroachment and/ or building permits.

72. Prior to issuance of encroachment and/ or building permit for improvements, the developer and all subsequent property owners/homeowners) shall submit plans and specifications to ECCFPD and the Director of Public Works/ City Engineer for review and approval in accordance with codes, regulations, and ordinances administered by ECCFPD and the State Fire Marshal' s office.
13 D.1.n
Packet Pg. 1387 Attachment: Attachment 14- November 5, 2013 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call

73. Prior to building permit issuance, the developer shall comply with any adopted Fire Protection and Paramedic Service program adopted by the City Council.

74. 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.

75. Prior to the issuance of any building permits, the developer shall contribute its fair share of traffic impact fees through satisfaction of its regional traffic fee obligation collected by the City of Brentwood and the East County Regional Fee and Financing Authority.

76. The Developer shall satisfy its Development Fee Obligation according to the program and fees in effect at the time of building permit issuance. Payment of Development Fees shall be verified by the Chief Building Official prior to issuance of building permits. 14 D.1.n
Packet Pg. 1388 Attachment: Attachment 14- November 5, 2013 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call PLANNING COMMISSION RESOLUTION NO. 13-029

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BRENTWOOD APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 08- 31 ( CUP 08- 31- A1) TO ALLOW THE OPERATION OF AN 11, 237 SQUARE- FOOT CHURCH

KNOWN AS THE ROCK OF BRENTWOOD, A PRESCHOOL, AND AN ACCESSORY PARSONAGE TOTALING 3, 915 SQUARE FEET TO BE LOCATED ON A 5.64-ACRE

PARCEL SOUTH OF GRANT STREET BETWEEN ADAMS LANE AND LONE OAK ROAD ( APN 016- 040- 007).

WHEREAS, the Planning Commission of the City of Brentwood has considered an amendment to Conditional Use Permit No. 08- 31 submitted by Fremont Apostolic Church to allow the operation of a church known as The Rock of Brentwood within a new 11, 237 squarefoot multifunction building, a preschool, and related accessory uses to be located on a 5. 64- acre parcel south of Grant Street between Adams Lane and Lone Oak Road; and WHEREAS, the applicant has concurrently submitted a request to approve an amendment to Design Review No. 08- 20; and
WHEREAS, the Planning Commission originally approved Conditional Use Permit No. 08- 31 on June 16, 2009; and
WHEREAS, the Planning Commission of the City of Brentwood adopted a Mitigated Negative Declaration prepared in support of this project in 2009 and the impacts of the proposed amendment to the project fall within the scope of the original Mitigated Negative Declaration; 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 October 25, 2013, in accordance with City policies and Government Code Section 65090; and WHEREAS, the Planning Commission of the City of Brentwood has held a public hearing on November 5, 2013, reviewed said conditional use permit request, and has studied the compatibility of this request with adjacent land uses, and has considered this request in accordance with the conditional use permit criteria established in Section 17. 830. 005 of the Brentwood Municipal Code.

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

A. Hereby finds that:

1. The project is consistent with the General Plan and Zoning Ordinance in that the Single- Family Residential Estate ( R- 1- E) Zone is consistent with the Very Low Density designation and that all churches, religious institutions, and preschool uses must be considered through the conditional use permit procedure per Sections 17. 120. 003.A and 17. 110. 003. 0 of the Brentwood Municipal Code; and
1 D.1.n
Packet Pg. 1389 Attachment: Attachment 14- November 5, 2013 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call

2. The location, size, design, and operating characteristics of The Rock of Brentwood are compatible with and would not, as conditioned, adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood as the proposed development plan would place the parsonage between the existing residential homes to the east and the proposed multifunction building toward the west end of the site; and

3. The harmony in scale, bulk, coverage, and density of the proposed project is consistent and compatible with the existing and proposed land uses around the subject site, in that The Rock of Brentwood would meet the maximum allowable building height in the R- 1- E Zone, is designed as a single- story building, and would locate a parsonage adjacent to existing residential uses immediately to the east of the project site; and

4. Tfie availability of public facilities and utilities is adequate to serve the proposed use, in that The Rock of Brentwood would be located on a parcel to which public utilities are available including sewer, water, electricity, and phone; and

6. The subject site will have adequate pedestrian and vehicular circulation and parking available, in that there is a dedicated vehicular access point from Adams Lane and a future vehicular access point on Lone Oak Road.

Pedestrian movements are facilitated by sidewalks and defined pathways between the proposed multifunction building and a building pad for a future sanctuary that connect to the public sidewalk within the right- of-way of all three adjacent streets; and

7. The generation of additional traffic and related parking demand would be accommodated by the proposed parking facilities on the project site.

8. The location, design, landscaping and screening, and overall site planning of the proposed use will provide an attractive, useful, and convenient working area, in that the project would be landscaped in accordance with the proposed planting plan and is located close to public transportation and arterial streets.

B. Hereby approves an amendment to Conditional Use Permit No. 08- 31, 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; and 2 D.1.n
Packet Pg. 1390 Attachment: Attachment 14- November 5, 2013 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call C. Hereby determines that this resolution supersedes Planning Commission Resolution No. 09- 034 approving a 20, 687 square- foot multifunction building, a 3, 915 square- foot parsonage, and related improvements in support of a religious assembly use ( CUP 08- 31) on the subject parcel (APN 016- 040- 007).

D. This pe mit shall terminate on November 5, 2014, unless actual construction or alteration under valid permits has begun within said period or a written request has been submitted to the City, prior to the expiration date, for an extension of time as allowed under the Zoning Ordinance.

The above actions are final unless an appeal is filed pursuant to Chapter 17. 880 of the Brentwood Municipal Code within ten ( 10) calendar days following Planning Commission action.

ADOPTED by the Planning Commission of the City of Brentwood at its regular meeting on November 5, 2013 by the following vote:

AYES: Brockman, Fink, Wallace, Weber
NOES: None
ABSENT: Crannell
ABSTAIN: None
APPROVED:

L..

J eph W ber
Planning Commission Vice Chairperson
ATTEST:

Erik Nolt enius
Planning Manager
3 D.1.n
Packet Pg. 1391 Attachment: Attachment 14- November 5, 2013 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call EXHIBIT " A" TO
PLANNING COMMISSION RESOLUTION NO. 13- 029

CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT NO. 08-31- A1

Minor changes to plans and operation may be allowed subject to the approval of the Community Development Director if found to be in substantial conformance with the approved exhibits.

3. The Rock of Brentwood church shall be located within a new 11, 237 square- foot building south of Grant Street between Adams Lane and Lone Oak Road. The project also includes the construction of a new parsonage totaling 3, 915 square feet. Any expansion or relocation of the church and associated uses will require review by the Community Development Department.

5. All construction-related traffic shall enter and exit the site from Adams Lane.

6. The vehicular access point on Adams Lane shall be improved in conjunction with the first phase of the project and shall be complete prior to the issuance of any certificate of occupancy for buildings on the site. Should traffic conflicts arise with any aspect of the proposed church and preschool uses, alternative access facilities shall be developed in consultation with and to the satisfaction of the City Engineer, up to and including the extension of the access aisle along the southerly property line to Lone Oak Road as a secondary access point.

7. Once construction of the Lone Oak Road driveway is completed in conjunction with the parsonage, the church use must continue to use the vehicular access point on Adams Lane as the primary point of ingress and egress. A decorative gate shall be installed in conjunction with the driveway improvements in order to block the driveway when the Lone Oak Road entrance is closed. The gate shali be equipped with a lock-override system ( such as a Knox Box) that is acceptable to the Brentwood Police Department and the East Diablo Fire Protection District. The design of the gate shall be submitted for the review and approval of the Community Development Director, the Director of 4 D.1.n
Packet Pg. 1392 Attachment: Attachment 14- November 5, 2013 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call Public Works/ City Engineer, the Police Chief, and the Fire District prior to approval of improvement plans for the site.

8. The hours of operation associated with the church shall include a single Sunday service from approximately 10: 00 am to noon and weeknight activities from 6: 00 pm until 9: 00 pm. The coffee shop may be open during these events and may only be used to support church- related activities. Office hours may be kept Monday through Friday from 9: 00 am to 5: 00 pm. Any changes to these hours must be submitted for the review and approval of the Community Development Director, who may, depending on the request, refer it to the Planning Commission for review.

9. 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 to mitigate such impacts, or may revoke said conditional use permit bound upon applicable findings. 5 D.1.n
Packet Pg. 1393 Attachment: Attachment 14- November 5, 2013 Planning Commission Report and Resolutions (2691 : Vineyard Academy Christian School- Call

STAFF REPORT

PLANNING COMMISSION REGULAR MEETING OF
DECEMBER 16, 2014
PREPARED BY: Tim Nielsen, Associate Planner
[email protected]
AGENDA ITEM & FILE NUMBER: Item No. 3; (1) Design Review No. 08-20-A3; (2) Conditional Use Permit No. 08-31-A3
PROJECT DESCRIPTION: A one-year time extension to a previously approved design review (DR 08-20-A3) and conditional use
permit (CUP 08-31-A3) application, for an 11,237
square-foot church use and daycare, including a
multifunction gymnasium/assembly building, and a
3,915 square-foot parsonage known as The Rock
of Brentwood.

PROJECT SIZE & LOCATION: The 5.64-acre project site is located south of Grant Street between Adams Lane and Lone Oak Road
(APN 016-040-007).

GENERAL PLAN: Semi-Public Facility (SPF)
ZONING: Single-Family Residential Estate (R-1-E)
OWNER/APPLICANT: The owner of record is Fremont Apostolic Church, Inc. The applicant is Mark Duke on behalf of The
Rock of Brentwood church.

PREVIOUS ACTIONS:
 An amendment to Design Review No. 08-20-A2 and Conditional Use Permit No. 08-31- A2, approving an 11,237 square-foot church use and daycare facility, including a multifunction gymnasium/assembly building, and a parsonage measuring 3,915 square feet, were approved by the Planning Commission on November 5, 2013.  Three-year time extensions for Design Review No. 08-20-A1 and Conditional Use Permit No. 08-31-A1 were approved by the Planning Commission in July 2010.  Design Review No. 08-20 and Conditional Use Permit No. 08-31, approving a 20,687 square-foot church use, including a multifunction gymnasium/sanctuary building and a 3,915 square-foot parsonage, were approved by the Planning Commission in June 2009.  Parcel Map No. 356-03 and Variance No. 03-23 to subdivide a 6.2-acre parcel into one 15,250 square-foot lot and a remainder parcel was approved by the Planning Commission in December 2003.

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Packet Pg. 1394 Attachment: Attachment 15- December 16, 2014 Planning Commission Report and Resolution (2691 : Vineyard Academy Christian School- Call 2 BACKGROUND:

A design review (DR 08-20) and conditional use permit (CUP 08-31) were approved by the Planning Commission in June 2009 for the development of a 20,687 square-foot church building. This building was situated toward the west end of the site and was intended to be the first of two institutional buildings on the site, with a building pad reserved for a future dedicated assembly building to the east. The approval also included a 3,915 square-foot parsonage at the extreme east end of the site that contained three separate living units. This building was intended to act as a residential buffer between the church site and an existing single-family residence to the east. In July 2010, a three-year time extension request was granted by the Planning Commission, extending the life of both the design review and conditional use permit approvals.

An amendment to both the design review (DR 08-20-A2) and the conditional use permit (CUP 08-31-A2) were approved in November 2013, which decreased the size of the multi-function building to 11,237 square feet and modified the use by adding a preschool center, while retaining the approvals for the parsonage units at the east end of the site. In conformance with standard practice, the project was approved for a period of one year, however, prior to its expiration; the applicant did file an application to extend the approval. The applicant has been working diligently on obtaining a grading permit, which may be ready for issuance as early as the end of this calendar year and will satisfy the requirement to secure a permit prior to the project expiration date, provided that this extension request is granted.

PROJECT DESCRIPTION:

The project includes the development of the west half of the 5.64-acre site with a church use consisting of an 11,237 square-foot multifunction gymnasium/sanctuary building that would also contain classrooms, a kitchen, offices, a nursery/preschool center, a coffee bar, and storage rooms. The main assembly space would not have fixed seating, in order to allow the facility to be utilized for other purposes. The three-unit parsonage is intended to house church staff and visiting speakers. Two of the parsonage units would be two stories and the third would be a single story. Overall, approximately 3,915 square feet of living area would be included in the three parsonage units and each would have a private, two-car attached garage. Construction of the parsonage would occur in a future phase of development. The applicant has requested a one-year time extension for this project.

ANALYSIS:

The requested time extension is appropriate based on the fact that this is a well-designed project which, when completed, will comply with the Existing General Plan and zoning designations in place on the property and has been designed to cause as little impact on the existing single-family residential uses to the east by placing the parsonage structure between the more intensive church-related uses and the existing residential units. No changes to the conditions of approval are necessary. The applicant is requesting a one-year time extension, which will give ample opportunity for the applicant to secure the necessary grading permit. Any future development of the area between the first-phase multifunction building and the parsonage units, which could accommodate an assembly space of up to 22,500 square feet, would first have to be reviewed through the processing of new entitlement applications.

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Packet Pg. 1395 Attachment: Attachment 15- December 16, 2014 Planning Commission Report and Resolution (2691 : Vineyard Academy Christian School- Call 3 ENVIRONMENTAL DETERMINATION:

A mitigated negative declaration was prepared for the original project approval in accordance with the requirements of the California Environmental Quality Act (CEQA). Several potentially significant impacts were identified; however, mitigation measures were incorporated to reduce those impacts to less than significant levels. This project would not create any impacts beyond those anticipated in connection with the original project. Therefore, the previously-approved mitigated negative declaration remains valid. All mitigation measures not addressed by the standard conditions of approval have been included as recommended conditions of project approval.

RECOMMENDATION:

Adopt Resolution Nos. 14-042 and 14-043, respectively approving a time extension to Design Review No. 08-20-A3 and Conditional Use Permit No. 08-31-A3 as conditioned.

ATTACHMENTS:

1. Resolution No. 14-042

2. Resolution No. 14-043

5. Staff report for The Rock of Brentwood project from the November 5, 2013 Planning Commission meeting

6. Resolution No. 13-028

7. Resolution No. 13-029

8. Vicinity map

9. Aerial of the project site and surrounding area
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Packet Pg. 1396 Attachment: Attachment 15- December 16, 2014 Planning Commission Report and Resolution (2691 : Vineyard Academy Christian School- Call PLANNING COMMISSION RESOLUTION NO. 14 -042

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BRENTWOOD APPROVING A ONE -YEAR TIME EXTENSION FOR A DESIGN REVIEW ( DR 08- 20 - A3) FOR THE DESIGN OF AN 11, 237 SQUARE - FOOT CHURCH BUILDING AND A PARSONAGE TOTALING 3, 915 SQUARE FEET TO BE LOCATED ON A 5. 64 -ACRE

PARCEL SOUTH OF GRANT STREET BETWEEN ADAMS LANE AND LONE OAK ROAD ( APN 016 - 040 -007).

WHEREAS, the Planning Commission of the City of Brentwood originally approved amended Design Review No. 08 -20 -A2 by Resolution No. 13 -028 at its meeting of November 5, 2013, submitted by Fremont Apostolic Church, to allow for an 11, 237 square -foot sanctuary/ gym building and a 3, 915 square -foot parsonage to be constructed on a 5. 64 -acre site located south of Grant Street between Adams Lane and Lone Oak Road; and WHEREAS, the applicant submitted a concurrent application for an amendment to Conditional Use Permit No. 08- 31 -A2; and
WHEREAS, the Planning Commission originally approved Design Review No. 08 -20 on June 16, 2009; and
WHEREAS, Mark Duke, on behalf of the property owner Fremont Apostolic Church, Inc., has requested approval of a one -year time extension with respect to Design Review No. 08- 20 -A2; 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 December 5, 2014, in accordance with City policies and Government Code Section 65090; and WHEREAS, the Planning Commission of the City of Brentwood adopted a Mitigated Negative Declaration prepared in support of this project in 2009 and the impacts of the proposed amendment to the project fall within the scope of the original Mitigated Negative Declaration; and
WHEREAS, the Planning Commission of the City of Brentwood considered this time extension request at its regular meeting of December 16, 2014, and considered the staff report, all accompanying information, and testimony received from the applicant and other interested parties.

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

A. Hereby approves a one -year time extension for Design Review No. 08- 20 -A2, as previously conditioned.

B. Hereby finds that Design Review No. 08- 20 -A2, as extended by this resolution, shall terminate on November 5, 2015, unless actual construction or alteration under valid use permits has begun within said period or a written request has been submitted to the City for an extension of time as allowed under the Zoning Ordinance.

D.1.o
Packet Pg. 1397 Attachment: Attachment 15- December 16, 2014 Planning Commission Report and Resolution (2691 : Vineyard Academy Christian School- Call C. Hereby finds that Resolution No. 13 -028 remains in full force and effect, except as extended herein.

The above actions are final unless an appeal is filed pursuant to Chapter 17. 880 of the Brentwood Municipal Code within ten ( 10) calendar days following Planning Commission action.

ADOPTED by the Planning Commission of the City of Brentwood at its regular meeting of December 16, 2014, by the following vote:

AYES: Fink, Weber, Zeigler, Crannell
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:

Casey Nkagefin
Community Development Director
APPROVED:

L c annell
nii g Commission Chairperson
D.1.o
Packet Pg. 1398 Attachment: Attachment 15- December 16, 2014 Planning Commission Report and Resolution (2691 : Vineyard Academy Christian School- Call PLANNING COMMISSION RESOLUTION NO. 14 -043

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BRENTWOOD

APPROVING A ONE -YEAR TIME EXTENSION FOR A CONDITIONAL USE PERMIT CUP 08- 31 -A3) TO ALLOW THE OPERATION OF AN 11, 237 SQUARE -FOOT

CHURCH KNOWN AS THE ROCK OF BRENTWOOD, A PRESCHOOL, AND AN ACCESSORY PARSONAGE TOTALING 3, 915 SQUARE FEET TO BE LOCATED ON A 5.64 -ACRE PARCEL SOUTH OF GRANT STREET BETWEEN ADAMS LANE AND LONE OAK ROAD ( APN 016 - 040 -007).

WHEREAS, the Planning Commission of the City of Brentwood originally approved amended Conditional Use Permit No. 08 -31 - A2 by Resolution No. 13 -029 at its meeting of November 5, 2013, submitted by Fremont Apostolic Church, to allow the operation of a church and preschool use within a new 11, 237 square -foot building and a 3, 915 square -foot parsonage to be constructed on a 5. 64 -acre site located south of Grant Street between Adams Lane and Lone Oak Road; and
WHEREAS, the applicant submitted a concurrent application for an amendment to Design Review No. 08- 20 -A2; and
WHEREAS, the Planning Commission originally approved Conditional Use Permit No. 08 -31 on June 16, 2009; and
WHEREAS, Mark Duke, on behalf of the property owner Fremont Apostolic Church, Inc., has requested approval of a one -year time extension with respect to Conditional Use Permit No. 08- 31 -A2; 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 December 5, 2014, in accordance with City policies and Government Code Section 65090; and WHEREAS, the Planning Commission of the City of Brentwood adopted a Mitigated Negative Declaration prepared in support of this project in 2009 and the impacts of the proposed amendment to the project fall within the scope of the original Mitigated Negative Declaration; and
WHEREAS, the Planning Commission of the City of Brentwood considered this time extension request at its regular meeting of December 16, 2014, and considered the staff report, all accompanying information, and testimony received from the applicant and other interested parties.

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

A. Hereby approves a one -year time extension for Conditional Use Permit No. 08- 31- A2, as previously conditioned.

B. Hereby finds that Conditional Use Permit No. 08- 20 -A2, as extended by this resolution, shall terminate on November 5, 2015, unless actual construction or alteration under valid use permits has begun within said period or a written D.1.o
Packet Pg. 1399 Attachment: Attachment 15- December 16, 2014 Planning Commission Report and Resolution (2691 : Vineyard Academy Christian School- Call request has been submitted to the City for an extension of time as allowed under the Zoning Ordinance.

C. Hereby finds that Resolution No. 13 -029 remains in full force and effect, except as extended herein.

The above actions are final unless an appeal is filed pursuant to Chapter 17. 880 of the Brentwood Municipal Code within ten ( 10) calendar days following Planning Commission action.

ADOPTED by the Planning Commission of the City of Brentwood at its regular meeting of December 16, 2014, by the following vote:

AYES: Fink, Weber, Zeigler, Crannell
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:

ATTEST:

Casey t a n
Community Development Director
2 D.1.o
Packet Pg. 1400 Attachment: Attachment 15- December 16, 2014 Planning Commission Report and Resolution (2691 : Vineyard Academy Christian School- Call D.1.p
Packet Pg. 1401 Attachment: Attachment 16- Zoning Administrator Resolution 19-001 for MS 351-19 (2691 : Vineyard Academy Christian School- Call for D.1.p
Packet Pg. 1402 Attachment: Attachment 16- Zoning Administrator Resolution 19-001 for MS 351-19 (2691 : Vineyard Academy Christian School- Call for D.1.p
Packet Pg. 1403 Attachment: Attachment 16- Zoning Administrator Resolution 19-001 for MS 351-19 (2691 : Vineyard Academy Christian School- Call for D.1.p
Packet Pg. 1404 Attachment: Attachment 16- Zoning Administrator Resolution 19-001 for MS 351-19 (2691 : Vineyard Academy Christian School- Call for D.1.q
Packet Pg. 1405 Attachment: Attachment 17- Legal correspondence from Mike Curtis (applicant), dated April 27, 2022 (2691 : Vineyard Academy Christian CITY COUNCIL AGENDA ITEM NO. 2
Meeting Date: May 24, 2022
Subject/Title: An Urgency Ordinance Extending, for an Additional Period of 10 Months and 15 Days, a Moratorium on New Oil and Gas Development in the City of Brentwood
Prepared by: Damien Brower, City Attorney
Alexis Morris, Director of Community Development
Submitted by: Tim Ogden, City Manager

PURPOSE AND RECOMMENDATION
The City of Brentwood (“City”) presently regulates oil and gas development within the City via Brentwood Municipal Code (“BMC”) Chapter 17.680. The City Council previously directed staff to examine the feasibility of a stronger set of regulations, including but not limited to considering an increased buffer zone for sensitive receptor areas and a total ban on new oil and gas development within City limits.

On April 12, 2022, the City Council adopted an Interim Urgency Ordinance imposing a temporary moratorium on new oil and gas development within the City, to allow City staff to study and analyze the subject and prepare a comprehensive update to the BMC to regulate oil and gas activities moving forward.

In order to continue to adequately analyze the potential economic, health, safety, and community effects of changes to the City’s regulation of oil and gas developments and develop a long-term regulatory proposal, staff recommends the City Council adopt this Urgency Ordinance, which is proposed in accordance with Government Code section 65858, to extend the moratorium on new oil and gas developments in the City of Brentwood for an additional period of 10 months and 15 days. This extension has been noticed in accordance with all applicable laws.

CITY COUNCIL STRATEGIC INITIATIVES
Not applicable.

PREVIOUS ACTIONS
At the April 12, 2022, City Council meeting, the Council unanimously voted to adopt an interim moratorium on oil and gas drilling in the City, so that staff could continue to research and prepare a long-term, forward-looking ordinance that will target 3,200 feet of sensitive receptor areas, and permanently ban oil and gas drilling within City limits if appropriate.

BACKGROUND
Pursuant to Chapter 17.680, the BMC presently authorizes oil and gas drilling, production, and exploratory operations in certain areas of Brentwood, subject to permitting obligations and imposition of site conditions. For instance, under the current regulations, an applicant for an oil and gas permit or land use entitlement must comply with all development standards applicable to drilling or production operations, including a minimum production site size, fencing, screening and landscaping restrictions, setbacks, soundproofing, signs, storage tanks and equipment size D.2
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and locations, and safety restrictions, among other things. There are not currently any pending applications for oil and gas operation permits or associated land use entitlements in the City.

Despite the strong regulations currently in place in the BMC governing oil and gas development and operations, there are nonetheless significant environmental and health effects to the community that can only adequately be addressed by suspending approvals of new oil and gas development within City limits in order to provide staff time to study and analyze additional regulatory measures for a long-term solution, such as (but not limited to) increased buffer distances in sensitive areas, and potentially instituting a permanent ban on oil and gas production altogether in City limits.

Staff is therefore recommending adoption of this Urgency Ordinance to extend the present moratorium on issuance of any permits, entitlements, or other approvals of development of oil and gas wells within the City during the time the moratorium is in effect. This will allow staff to continue conducting the requisite analysis work to develop a long-term regulatory solution, while protecting the safety and health of residents, businesses, visitors, and the community as a whole in the interim. As noted at the April 12th meeting, a substantial body of literature on this topic is available to staff and these existing materials will be used to avoid duplicating research efforts and expending unnecessary funds.

Oil and gas production can have significant and prolonged environmental and health effects.

For example, oil and gas production can substantially increase air pollution in the areas where permitted, and fossil fuel extraction contributes to emissions that create long-term climate change effects. Brentwood prides itself on caring for the health and wellbeing of its residents, workers, and visitors; precluding new development of oil and gas operations within the City will protect the continued ability of the Brentwood community to enjoy clean air and water, and live and work in a healthy and thriving city. This Urgency Ordinance is consistent with concerns raised by Council Members and community members at recent Council meetings, and will provide staff the opportunity to assess potential long-term solutions, such as banning oil and gas development within City limits and establishing an enhanced buffer distance in sensitive receptor areas.

There are no pending permit or entitlement applications relating to proposed new oil and gas development projects within the city, so extending this moratorium on new development projects will not have any immediate or anticipated effect on private property or development rights.

While there are no active wells within the city limits, staff is aware of at least one inactive facility, which was originally approved by the County in January 1997 and subsequently annexed into Brentwood’s municipal boundaries, located in the undeveloped area between Heidorn Ranch Road and State Route 4.

ENVIRONMENTAL REVIEW
An Urgency Ordinance extending a temporary prohibition on new oil and gas development within the City is not an action subject to CEQA, as the action has no potential for resulting in physical change to the environment. (14 Cal. Code. Regs. § 15358.) Further, adoption of the Urgency Ordinance is exempt under CEQA because it will not cause a change in any of the physical conditions within the area affected by the Urgency Ordinance. (14 Cal. Code Regs. § 15061(b)(3).)

FISCAL IMPACT
There is no anticipated direct fiscal impact as a result of the extension of this moratorium, because there are no pending applications for permits or other land use entitlements for new oil D.2
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and gas operations that will be affected by its adoption. There may be an indirect fiscal impact in the future, to the extent the City moves forward with permanent bans and/or other regulatory measures targeting oil and gas production in the City, but those impacts (if any) will be separately analyzed and addressed as appropriate at a later date.

Attachments:

Urgency Ordinance Extending Oil and Gas Development Moratorium D.2
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ORDINANCE NO. ____________

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD EXTENDING, FOR AN ADDITIONAL PERIOD OF 10 MONTHS AND 15 DAYS, A MORATORIUM ON NEW OIL AND GAS DEVELOPMENT IN

THE CITY OF BRENTWOOD PENDING A STUDY OF THE HEALTH AND SAFETY EFFECTS OF SUCH ACTIVITIES AND THE CITY’S LONG-TERM

PLAN FOR REGULATION
WHEREAS, the City of Brentwood (“City”) presently regulates oil and gas development within the City via Brentwood Municipal Code (“BMC”) Chapter 17.680, entitled “Oil and Gas Production,” but the City now wishes to examine the desirability and feasibility of a more robust set of regulations and/or prohibitions concerning the drilling of new oil and gas wells within the City; and
WHEREAS, on April 12, 2022 the City Council adopted Interim Urgency Ordinance No. 1036, pursuant to California Government Code section 65858, which authorized a temporary moratorium on new oil and gas development in the City of Brentwood, so that City staff could study and analyze the subject and prepare a comprehensive update to the BMC to regulate oil and gas activities moving forward; and
WHEREAS, Government Code section 65858(a) provides that ordinances adopted pursuant to its provisions shall expire and be of no further force and effect 45 days after the date of adoption; and
WHEREAS, Government Code section 65858(a) further provides that, prior to the expiration of such urgency ordinances, the City may extend the moratorium for an additional 10 months and 15 days after giving notice of such action pursuant to Government Code section 65090 and conducting a public hearing; and
WHEREAS, extending this interim urgency moratorium on new oil and gas development in the City will give the City sufficient time to study, analyze, and report on the benefits and detriments of enacting a permanent ban on new oil and gas development, and to address any necessary modifications to the City’s current oil and gas regulations in the BMC as appropriate; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRENTWOOD does ordain as follows:

SECTION 1. The recitals set forth above are hereby adopted as the findings of the City Council in connection with the adoption of this ordinance. In support of the recitals stated above, the City Council hereby finds and determines that it is necessary to adopt and extend an interim urgency ordinance to prohibit new oil and gas wells while City staff takes a reasonable time to consider and study further regulation and zoning procedures relating to oil and gas activities within the City.

SECTION 2. This Urgency Ordinance was noticed pursuant to Government Code section 65090 and the City Council conducted a public hearing pursuant to Government Code Section 65858, subdivision (a).

D.2.a
Packet Pg. 1409 Attachment: Urgency Ordinance Extending Oil and Gas Development Moratorium [Revision 1] (2706 : Urgency Ordinance Extending a SECTION 3. The interim ordinance adopted by Urgency Ordinance No. 1036 on April 12, 2022, is extended by this Urgency Ordinance for a period of 10 months and 15 days, or until April 11, 2023.

SECTION 4. The City Council hereby finds that there is a current and immediate threat to the public health, safety, and/or welfare, and a need for immediate preservation of the public peace, health, or safety that warrants the extension of this Urgency Ordinance, given that:

A. Local neighborhoods in the City have been negatively impacted by certain oil and gas development activities occurring near or within the City, including some that are operated consistently with the laws of the State. For example, although an oil and gas developer may operate within the bounds of existing environmental laws, it may not be possible to fully avoid or adequately mitigate negative health impacts to surrounding City residents.

B. Oil and gas exploration and production methodology is rapidly developing and evolving in the State of California, including the East Bay region, based on advances in technology, including the development of shale oil extraction using well stimulation techniques, including hydraulic fracturing.

C. On October 12, 2019, Governor Newsom signed Assembly Bill No. 1057 (“AB 1057”) into law, emphasizing the State’s renewed focus on public health, safety, and environmental quality, and imposing a moratorium on the high-pressure cyclic steaming process of oil and gas production. AB 1057 also requires permits to conduct hydraulic fracturing, with a built-in “independent audit” framework for the permitting program to create a third-party scientific review of the health and safety impacts of granting such permits.

D. All oil and gas operations, whether conducted using conventional methods or well stimulation techniques, have the potential for significant and immediate impacts on the health, safety, and welfare of the citizens of Brentwood through increased noise, odor, dust, traffic, and other disturbances, as well as the potential to significantly impact the City’s air, water, soil, biological quality, geology, water, stormwater and wastewater infrastructure, transportation, emergency response plans, and other aesthetic values and community resources.

E. The State Planning and Zoning Law (Cal. Gov. Code Sections 65000, et seq.) broadly empowers the City to plan for and regulate the use of land in order to provide for orderly development, the public health, safety, and welfare, and a balancing of property rights and the desires of the community to improve their City.

F. The City’s zoning and land use standards and regulations on oil and gas drilling have not been updated in many years, including since various changes in both oil and gas production techniques and state statutory and regulatory responses, making the City’s regulations ripe for review to determine whether Municipal Code amendments and/or a permanent ban on oil and gas production are necessary to reflect the state of today’s industry and its impacts on land use, transportation, public health, and other environmental and natural resources, as well as to analyze the City’s approach in light of AB 1057.

G. City staff have begun analyzing whether the City’s existing zoning and land use regulations pertaining to oil and gas activities are sufficiently protective of the public health, safety, and welfare.

D.2.a
Packet Pg. 1410 Attachment: Urgency Ordinance Extending Oil and Gas Development Moratorium [Revision 1] (2706 : Urgency Ordinance Extending a H. The City is also aware of the potential effects to any existing or future stakeholders interested in pursuing drilling, re-drilling, and deepening of wells associated with oil and/or gas drilling and extraction operations in the City, and will remain cognizant of those property interests as it contemplates its long-term solution.

I. Certain provisions of the City’s current ordinances and procedures concerning oil and gas activities, and associated land use plans, require review, study, and revision in order to protect the health, safety, and welfare of the citizens of Brentwood. Among other things, these revisions will likely result in the City amending, repealing, and/or adding certain language to the City’s Municipal Code and General Plan.

J. Without the continuation of the present temporary moratorium on new oil and gas development within the City, the City may be required to process applications for such development despite the fact that its existing regulations are in need of updating based on study and analysis that results in recommendations of new standards and best practices for oil and gas operations.

K. There is a current and immediate threat to the public health, safety, and welfare of the City and its residents, thereby necessitating the continuation of this urgency moratorium, in that the approval of any permits for new oil and gas development in the City would be required to be processed under the City’s existing rules and procedures, which are in need of additional study and revisions to comport with changes in state law and industry practices.

L. The continuation of this urgency moratorium is therefore necessary to protect the City and its residents, businesses, and visitors from the potential health and safety impacts of oil and gas operations under current City regulations, including concerns with air quality, noise, spills, and other impacts, and to preserve the quality of life, health, safety, and welfare of the community.

Continuation of the moratorium will allow the City sufficient time to conclude the preparation of a comprehensive ordinance for the regulation of oil and gas activities moving forward.

M. The absence of this urgency measure would create a serious threat to the orderly and effective implementation of any amendments to the Municipal Code which may be adopted by the City Council as a result of studying this issue, in that new oil and gas activities under the existing City rules and procedures may be in conflict with or frustrate the contemplated updates and revisions to the Municipal Code and General Plan.

SECTION 5. This Urgency Ordinance will be published pursuant to the Government Code by either posting or publishing the Urgency Ordinance in accordance with that law.

SECTION 6. This Urgency Ordinance is adopted by a four-fifths vote of the Brentwood City Council. It shall take effect immediately upon its adoption and remain in effect for 10 months and 15 days as provided by Government Code section 65858(a), unless extended. Any extension of this Urgency Ordinance will require a four-fifths vote of the City Council.

SECTION 7. Ten days prior to the expiration of this Urgency Ordinance or any extension thereto, the City Council will issue a written report describing the measures taken to alleviate the condition which led to the adoption of this Urgency Ordinance, as required by Government Code section 65858, subdivision (d).

SECTION 8. The City Council finds that this Ordinance is not subject to CEQA pursuant to Section 15358 (the activity will not result in a direct or reasonably foreseeable indirect physical D.2.a
Packet Pg. 1411 Attachment: Urgency Ordinance Extending Oil and Gas Development Moratorium [Revision 1] (2706 : Urgency Ordinance Extending a change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, the City Council finds that this Ordinance is exempt under CEQA pursuant to Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment) of the CEQA Guidelines because this Ordinance will not cause a change in any of the physical conditions within the area affected by the Ordinance.

SECTION 9. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or place, is for any reason held to be unconstitutional or invalid by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or places.

THIS FOREGOING URGENCY ORDINANCE EXTENSION was adopted at a regular meeting of the Brentwood City Council on the 24th of May, 2022 by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

APPROVED:
___________________________________
Joel Bryant, Mayor
ATTEST:
_________________________
Margaret Wimberly, MMC
City Clerk
D.2.a
Packet Pg. 1412 Attachment: Urgency Ordinance Extending Oil and Gas Development Moratorium [Revision 1] (2706 : Urgency Ordinance Extending a CITY COUNCIL AGENDA ITEM NO. 3
Meeting Date: May 24, 2022
Subject/Title: A resolution adopting the 2022/23 – 2026/27 Capital Improvement Program (CIP) including roadway, parks and trails, water, wastewater and community facilities improvements to be constructed during the next five years; and approving a long-term interfund loan in the amount of $2,016,661, per Council/Administrative Policy 10-5, Budget and Fiscal Policies, Section 4.3, to provide capital funding for the portion of the Sand Creek Sports Complex project costs that will be repaid with Bond Refinance Savings.

Prepared by: Sonia Agostini, Accounting Manager
Submitted by: Kerry Breen, Director of Finance and Information Systems

PURPOSE AND RECOMMENDATION
The purpose of this action is to obtain City Council approval of the proposed 2022/23 – 2026/27 CIP. If approved, the associated CIP budgets will be included in the next two-year Operating Budget. This action will provide staff the ability to either begin work or continue working on City capital projects included in the CIP during fiscal year (FY) 2022/23.

Staff is recommending a resolution adopting the 2022/23 – 2026/27 Capital Improvement Program (CIP) including roadway, parks and trails, water, wastewater and community facilities improvements to be constructed during the next five years; and approving a long-term interfund loan in the amount of $2,016,661, per Council/Administrative Policy 10-5, Budget and Fiscal Policies, Section 4.3, to provide capital funding for the portion of the Sand Creek Sports Complex project costs that will be repaid with Bond Refinance Savings.

CITY COUNCIL STRATEGIC INITIATIVE
The 2022/23 – 2026/27 CIP includes the following projects that are designated as part of the City’s Strategic Plan, listed by focus area and corresponding goal and initiative number:

Focus Area 1: Infrastructure
 1.1.a. Sand Creek Road Extension (CIP #336-31700)
 1.1.b. Pavement Management Program – 2023/Future
 1.1.c. Brentwood Boulevard Widening North - Phase I (CIP #336-31620)  1.1.d. Sound Wall
 1.1.e. Parking Garage Security and Safety Enhancements  1.2.a. Solid Waste Organics Diversion
Focus Area 4: Land Use Planning
 4.1. Zoning Ordinance Update (CIP #337-37228)
 4.4.a. Housing Element Update and Safety Element Update (CIP #337-37258) Focus Area 5: Community and Neighborhood Services
 5.2.a. Sand Creek Sports Complex
 5.3.a. Vineyards at Marsh Creek – Event Center/Amphitheater (CIP #337-37231) D.3
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PREVIOUS ACTION
On July 26, 1994, the City Council approved the first five-year CIP. The CIP budget was added to the City’s adopted 1994/95 budget. The City Council also authorized the creation of the CIP Team to plan, design and administer the projects outlined in the CIP. The CIP Team is also responsible for updating the CIP and preparing the report annually.

On July 22, 2014, the City Council approved a General Plan amendment (GPA 14-002) to adopt the General Plan update project.

On June 23, 2020, by Resolution 2020-85, City Council adopted the 2020/21 – 2021/22 Operating Budget.

On May 25, 2021, by Resolution 2021-59, City Council adopted the 2021/22 – 2025/26 Capital Improvement Program (CIP) including roadway, parks and trails, water, wastewater, and community facilities improvement to be constructed during the next five years.

On February 22, 2022, by Resolution 2022-25, City Council a) adopted the City of Brentwood Strategic Plan FY 2022/23 – FY 2023/24, and b) directed staff to incorporate strategic plan costs into the Operating and CIP Budgets, as well as in the City’s ten-year General Fund Fiscal Model.

On April 12, 2022, the City Council held a public workshop on the proposed 2022/23 – 2026/27 CIP.

BACKGROUND
The City’s CIP is updated and approved annually and outlines the City of Brentwood’s five-year infrastructure and capital planning needs. The proposed 2022/23 – 2026/27 CIP includes projects that have been carefully evaluated to ensure: 1) the City’s capital improvement needs are met, both now and in the future and 2) they support the City’s Mission Statement, General Plan and two-year City of Brentwood Strategic Plan adopted by the City Council in February 2022. An approved five-year CIP also assists in the preparation of the City’s Development Impact Fee Program updates along with Enterprise Rate Studies, which incorporate the City’s future capital needs where applicable.

On April 12, 2022, the proposed 2022/23 – 2026/27 CIP was presented to the City Council at the CIP Workshop.

The following changes have been made to the 2022/23 – 2026/27 CIP since the April 12th workshop:
o Brentwood Manor Rehabilitation – Project name changed to “Brentwood Manor Water and Wastewater Rehabilitation”.
o Parking Garage Security and Safety Enhancements – This project has been added in accordance with direction provided by City Council at the CIP Workshop. o Sound Wall – This project has been added in accordance with direction provided by City Council at the CIP Workshop.

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o City Council Chamber Audiovisual System (CIP #337-37257) – This project from the 2021/22 – 2025/26 CIP has been added to account for changes in project timing due to supply chain issues. The funding and expenditure budgets have no changes. o Creekside Park and Garin Park Restrooms (CIP #352-52442) – Funding and expenditure budgets have been updated per the project amendment approved by City Council on April 26, 2022.
o Citywide Sign/Identification (CIP #337-37207) – This project has been removed in accordance with direction provided by City Council at the CIP Workshop. o Canal Replacement Cost Share Segment 5 – Funding and expenditure budgets have increased due to updated cost assumptions provided by the Contra Costa Water District (CCWD). The project timeline has also been moved up by CCWD to begin in FY 2022/23.
o Population update – The population total and five-year population growth projection chart have been updated for the State’s recent release of the annual population data.

The CIP is attached to this staff report as Exhibit “A”. Also, beginning May 13th, a copy of the draft 2022/23 – 2026/27 CIP Budget was made available for public review at the following website:
https://www.brentwoodca.gov/FinancialDocuments-CIP
For a hard copy of the CIP, please contact the Finance and Information Systems Department via email at [email protected] or by calling 925-516-5460.

FISCAL IMPACT
In February 2022, the City Council approved the FY 2022/23 – FY 2023/24 Strategic Plan, which included the Sand Creek Sports Complex (SCSC) project. The action in February 2022 included approval of a funding plan specifying that in FY 2023/24 $2.0 million of the SCSC project costs would be funded from the balance in the Pension/Other Post-Employment Benefits (OPEB) Obligation Fund (“Budget Stabilization Fund”). The Budget Stabilization Fund would then be paid back from existing bond refinance savings over a seven-year period. After providing the loan for this purpose, the General Fund Fiscal Model projects a balance in the Budget Stabilization Fund of about $17.6 million at June 30, 2024.

According to Council/Administrative Policy 10-5, Budget and Fiscal Policies, Section 4.3, staff is required to seek City Council approval of the long-term interfund loan to be made in FY 2023/24 in the amount of $2,016,661 from the Budget Stabilization Fund. This loan will be repaid, without interest, over a 7-year period beginning in FY 2023/24 using bond refinance savings accumulated in the City Capital Improvement Financing Program Fund.

The associated FY 2022/23 budgets for revenues, expenditures and funding transfers, as detailed in the 2022/23 – 2026/27 Capital Improvement Program, will be included in the draft 2022/23 – 2023/24 Operating Budget that will be presented to the City Council for consideration of adoption on June 14, 2022.

Future year costs and revenues will be reviewed every year by the City Council as part of the annual update and adoption of a new five-year CIP.

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Attachments:

Resolution
Draft 2022/23 - 2026/27 Capital Improvement Program
Exhibit B - Interfund Loan Repayment Schedule
D.3
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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADOPTING THE 2022/23 – 2026/27 CAPITAL IMPROVEMENT PROGRAM

INCLUDING ROADWAY, PARKS AND TRAILS, WATER, WASTEWATER, AND

COMMUNITY FACILITIES IMPROVEMENTS TO BE CONSTRUCTED DURING THE NEXT FIVE YEARS; APPROVING A LONG-TERM INTERFUND LOAN IN THE AMOUNT OF $2,016,661, PER COUNCIL/ADMINISTRATIVE POLICY 10-5, BUDGET AND FISCAL POLICIES, SECTION 4.3, TO PROVIDE CAPITAL FUNDING FOR THE

PORTION OF THE SAND CREEK SPORTS COMPLEX PROJECT COSTS THAT WILL BE REPAID WITH BOND REFINANCE SAVINGS.

WHEREAS, Section 65400 et. seq., of the Government Code of the State of California requires that cities should provide for means of implementing the General Plan and the efficient expenditure of public funds relating to the implementation of public projects addressed in the General Plan; and
WHEREAS, the City of Brentwood adopted the most recent General Plan Update in July, 2014 which states the City may include General Plan items in the Capital Improvement Program (CIP) as the City deems appropriate; and
WHEREAS, updates to the City’s CIP are referenced in the General Plan in order to achieve action items included within; and
WHEREAS, General Plan policy requires inclusion of certain capital projects sponsored by the City and necessary to achieve General Plan action items in the five-year CIP; and WHEREAS, this CIP has as its purpose to integrate the CIP with the General Plan and other City activities, and ensure that planning for capital improvements is tied to realistic sources of income in order to finance these improvements; and
WHEREAS, this CIP includes projects that have been carefully evaluated to ensure: 1) the City’s capital improvement needs are met, both now and in the future and 2) they support the City’s Mission Statement, General Plan and two-year City of Brentwood Strategic Plan; and WHEREAS, on February 22, 2022, by Resolution 2022-25, City Council a) adopted the City of Brentwood Strategic Plan FY 2022/23 – FY 2023/24, and b) directed staff to incorporate strategic plan costs into the Operating and CIP Budgets, as well as in the City’s ten-year General Fund Fiscal Model; and
WHEREAS, it is necessary to define improvements and anticipated construction schedules to ensure proper pre-planning, design and community review before construction begins.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby adopt the 2022/23 – 2026/27 Capital Improvement Program as presented in Exhibit “A”, including roadway, parks and trails, water, wastewater and community facilities improvements to be constructed during the next five years; and approve a long-term interfund loan in the amount of $2,016,661 from the Pension/OPEB Obligation Fund to the City Capital Improvement Financing Program Fund, per Council/Administrative Policy 10-5, Budget and Fiscal Policies, Section 4.3, to provide capital funding for the portion of the Sand Creek Sports Complex project costs that are D.3.a
Packet Pg. 1417 Attachment: Resolution (2692 : 2022/23 - 2026/27 CIP Adoption) to be repaid with Bond Refinance Savings in accordance with the repayment schedule presented as Exhibit “B”.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 24
th day of May 2022 by the following vote:

D.3.a
Packet Pg. 1418 Attachment: Resolution (2692 : 2022/23 - 2026/27 CIP Adoption)

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EXHIBIT A D.3.b
Packet Pg. 1419 Attachment: Draft 2022/23 - 2026/27 Capital Improvement Program (2692 : 2022/23 - 2026/27 CIP Adoption) 2 2022/23 – 2026/27 Capital Improvement Program
Introduction
City Council
Joel Bryant .................................................................................................................................................................................. Mayor Johnny Rodriguez ........................................................................................................................................................... Vice Mayor Jovita Mendoza .................................................................................................................................................... Council Member Susannah Meyer .................................................................................................................................................. Council Member Karen Rarey ............................................................................................................................................................ Council Member Executive Team
Tim Ogden ................................................................................................................................................................... City Manager Damien Brower ............................................................................................................................................................ City Attorney Sukari Beshears ............................................................................................ Director of Human Resources/Risk Manager Kerry Breen ...................................................................... City Treasurer/Director of Finance and Information Systems Darin Gale .................................................................................................................................................. Assistant City Manager Tom Hansen............................................................................................................................................................... Chief of Police Alexis Morris ................................................................................................................ Director of Community Development Bruce Mulder ........................................................................................................................ Director of Parks and Recreation Miki Tsubota ............................................................................................................. Director of Public Works/City Engineer

D.3.b
Packet Pg. 1420 Attachment: Draft 2022/23 - 2026/27 Capital Improvement Program (2692 : 2022/23 - 2026/27 CIP Adoption) 3 2022/23 – 2026/27 Capital Improvement Program
Introduction
Capital Improvement Program Field Team
Sonia Agostini, Accounting Manager Brian Johnson, Park/Maintenance Supervisor Christine Andrews, Asst. Director of Finance and I.S. Steve Kersevan, Engineering Manager Mike Azamey, Park/Maintenance Supervisor Philip McKinney, Wastewater Operations Manager Allen Baquilar, Engineering Manager Tim Nielsen, Development Services Manager Mike Baria, Chief Information Systems Officer Erik Nolthenius, Planning Manager Stephanie Butler, Administrative Supervisor Joe Odrzywolski, Parks Planner Patrick Brooke, GIS Coordinator Sheila Ogden, Accounting Technician Rachel Corona, Accountant I Meghan Oliveira, Associate Engineer Scott Dempsey, Fleet/Facilities Maint. Mgr. Renee Payette, Project Services Specialist Jack Dhaliwal, Asst. Director of PW/Engr. Christine Quinn, Accountant II Joshua Ewen, Senior Analyst Corina Ramon, Accounting Technician Kristine Farro, Recreation Manager Jigar Shah, Engineering Manager Debra Galey, Senior Analyst Heather Silfies, Engineering Services Specialist Katie Germann, Administrative Supervisor James Wolfe, Water Production Supervisor Aman Grewal, Associate Engineer Aaron Wanden, Park Maintenance Manager Matt Griggs, Information Systems Technician Casey Wichert, Asst. Director of PW/Ops.

Tammy Homan, Management Analyst Chris Ziemann, Streets Manager

D.3.b
Packet Pg. 1421 Attachment: Draft 2022/23 - 2026/27 Capital Improvement Program (2692 : 2022/23 - 2026/27 CIP Adoption) 4 2022/23 – 2026/27 Capital Improvement Program
Table of Contents
City Council and Executive Team ........................................................................................................................................................ 2 Capital Improvement Program Field Team ..................................................................................................................................... 3 Table of Contents ...................................................................................................................................................................................... 4 Transmittal Letter ....................................................................................................................................................................................... 6 Budget Overview ........................................................................................................................................................................... 6 CIP Accomplishments .................................................................................................................................................................. 8 CIP Priorities .................................................................................................................................................................................... 9 Legislative Issues Affecting the Capital Budget .............................................................................................................. 13 Conclusion ..................................................................................................................................................................................... 14 Mission Statement/Vision and Culture/Core Values .................................................................................................................15 Certificate of Award - CSMFO ............................................................................................................................................................16 City Council Resolution No. XXXX-XX .............................................................................................................................................17 Overview .....................................................................................................................................................................................................18 Basis of Accounting .................................................................................................................................................................... 19 How the Capital Improvement Program is Developed ................................................................................................ 19 How the Capital Improvement Program is Prioritized ................................................................................................. 20 How the Capital Improvement Program is Funded ...................................................................................................... 20 Funding Analysis ...........................................................................................................................................................20 Project Funding Limitations .....................................................................................................................................21 Capital Improvement Program Key Funding Sources .................................................................................................. 21 General Fund .................................................................................................................................................................. 21 Development Impact Fees ........................................................................................................................................ 21 Enterprise ......................................................................................................................................................................... 22 Federal/State/Agency Funding ............................................................................................................................... 23 Development Contributions .................................................................................................................................... 23 Replacement .................................................................................................................................................................. 23 Other ................................................................................................................................................................................. 23 State Loans and Bonds ............................................................................................................................................... 24 Future Financing and Alternate Funding ............................................................................................................ 24 How the Capital Improvement Program is Managed .................................................................................................. 24 How the Capital Improvement Program is Organized ................................................................................................. 26 How to Read the Project Detail Sheets .............................................................................................................................. 27 Summary Data
Building Permit Projections and Five-Year Population Growth Projection ..........................................................30 Capital Improvement Program Funding by Source ......................................................................................................31 Capital Revenue Summary – Sources by Fund ................................................................................................................32 Capital Revenue Summary – Sources of Funds in Detail ............................................................................................33 Capital Improvement Program Expenditures by Category ........................................................................................37 Project Expenditures by Category ........................................................................................................................................38 Summary of Capital Improvement Projects by Priority ...............................................................................................41 D.3.b
Packet Pg. 1422 Attachment: Draft 2022/23 - 2026/27 Capital Improvement Program (2692 : 2022/23 - 2026/27 CIP Adoption) 5 2022/23 – 2026/27 Capital Improvement Program
Table of Contents
Roadway Improvements
Expenditures by Project ..............................................................................................................................................................42 Summary ..........................................................................................................................................................................................43 Various Projects Map ..................................................................................................................................................................44 Individual Project Detail Sheets ..............................................................................................................................................45 Parks and Trails Improvements
Expenditures by Project ..............................................................................................................................................................55 Summary ..........................................................................................................................................................................................56 Various Projects Map ..................................................................................................................................................................57 Individual Project Detail Sheets ..............................................................................................................................................58 Water Improvements
Expenditures by Project ...............................................................................................................................................................70 Summary ..........................................................................................................................................................................................71 Various Projects Map ..................................................................................................................................................................72 Individual Project Detail Sheets ..............................................................................................................................................73 Wastewater Improvements
Expenditures by Project ...............................................................................................................................................................89 Summary ..........................................................................................................................................................................................90 Various Projects Map ..................................................................................................................................................................91 Individual Project Detail Sheets ..............................................................................................................................................92 Community Facilities Improvements
Expenditures by Project ...............................................................................................................................................................98 Summary ..........................................................................................................................................................................................99 Various Projects Map ............................................................................................................................................................... 100 Individual Project Detail Sheets ........................................................................................................................................... 101 Future Improvements ......................................................................................................................................................................... 115 Development Improvements ........................................................................................................................................................... 120 Appendix
Acronyms ...................................................................................................................................................................................... 127 Glossary of Terms ...................................................................................................................................................................... 128 Guide to Funds – Description of Funds ............................................................................................................................. 137 Index by Project Title ................................................................................................................................................................ 145 D.3.b
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Transmittal Letter
May 2022
The Honorable Mayor, Members of the City Council and Citizens of Brentwood Brentwood, California 94513
Dear Mayor, Members of the City Council and Citizens of Brentwood:

We are pleased to submit the 2022/23 – 2026/27 Capital Improvement Program (CIP) outlining the City of Brentwood’s five-year infrastructure and capital planning needs. This document is prepared separately from the City’s Operating Budget in order to provide a more thorough and detailed description of the City capital improvement projects contained within. The CIP projects have been carefully evaluated to ensure:
1) the City’s capital improvement needs are met, both now and in the future and 2) they support the City’s Mission Statement, General Plan and two-year City of Brentwood Strategic Plan adopted by the City Council in February 2022.

The approved City of Brentwood General Plan and Strategic Plan can be found on the City’s website at http://www.brentwoodca.gov.

Budget Overview
The CIP contains 58 City capital improvement projects with a total projected cost of $311,280,194. The budget includes 10 new projects, and appropriates $61,120,975 of funding for fiscal year (FY) 2022/23.

Major funding sources within the CIP change year-over-year. In FY 2022/23, the top four proposed budget funding categories (excluding California State Water Resources Control Board Revolving Fund (“SRF”) Loan funding), in order, are: Development Impact Fees, Enterprise, Federal/State/Agency and Other. Major components of Other funding include: Vineyards Projects and Road Maintenance and Rehabilitation Account (RMRA) Funds. Descriptions of Key Funding Sources begin on page 21 and a complete guide to City funds can be found beginning on page 137.

The chart on the following page shows the funding trends of the various CIP funding categories for FYs 2019/20 through 2022/23. The amounts shown through FY 2021/22 are the Council approved budget and the proposed CIP funding is shown for FY 2022/23.

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Development impact fees are the largest funding source for FY 2022/23. These fees are received as new development permits are issued and can only be used to fund public facilities and infrastructure that are needed as a result of new development. As the City approaches build-out, the need for new infrastructure will decline resulting in a shift away from development impact fee funding.

Enterprise funding is the next largest funding source for FY 2022/23, which comes from the Solid Waste, Water and Wastewater Enterprises along with their respective replacement funds. Enterprise funds are projected to be a major funding source in FY 2022/23 as several Water and Wastewater upgrade and replacement projects have been budgeted to begin or continue in FY 2022/23. With the Brentwood Wastewater Treatment Plant beginning operations in 2002 and the Water Treatment Plant in 2008, the City is now seeing the need for more upgrades and replacement of various enterprise infrastructure as these facilities age.

The City’s enterprise rates are set in accordance with Proposition 218, which requires that rate revenues not exceed the cost of providing service and also provides customers the opportunity to provide input on the proposed rates. Rate studies are conducted periodically to ensure the enterprise rates are sufficient to cover: operating expenses; upgrades and costs associated with meeting State and Federal guidelines and regulations; as well as, all needed capital improvements. Five-year rate studies are developed to include future enterprise capital project costs. The City Council’s approval of enterprise rates for a five-year period provide the funding for anticipated capital improvements in the enterprises. The City’s adopted rate studies cover FY 2018/19 through FY 2022/23.

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Federal/State/Agency funding is the next largest source for CIP projects. The City projects receiving and utilizing almost $4.3 million of funds from this source in FY 2022/23 and another $3 million in FY 2023/24 in support of several capital projects. The City actively pursues grant funding and, when received, utilizes those funds to either complete projects that would not have otherwise had the funding to be completed or reduce the burden on other funding sources.

The City has also historically accessed the credit markets to finance large capital projects. As a result of strong fiscal policies adopted by the City Council, the City has built and maintained an excellent reputation in the credit markets and currently has a bond issuer credit rating of “AA+” from Standard and Poor’s (S&P) ratings service. The City’s strong credit ratings have continued to provide attractive financing and refunding opportunities that can provide additional funding sources for projects.

CIP Accomplishments
Each year the CIP has proven to be successful in achieving numerous capital improvement accomplishments. Some of the significant accomplishments completed in, or shortly after the close of, FY 2021/22 include:

Roadway Improvements
 Pavement Management Program - 2021 (CIP #336-31697) – Completed an annual preventative maintenance program which resurfaced with slurry seal approximately 2.4 million square feet of City streets and parks and trails. This program also performed cape seal, grind and overlay, remove and replaced sidewalk and curb & gutter, modified curb ramps and truncated domes, adjusted utility covers and removed and replaced striping on various City streets.  According to the Metropolitan Transportation Commission’s Pavement Condition Index (PCI) Summary, for calendar year 2020, the City of Brentwood has one of the best pavement conditions, with a PCI of 81, or “Very Good”.

Parks and Trails Improvements
 Blue Goose Park Playground Replacement (CIP #352-52438) – This project replaced play equipment in Blue Goose Park to meet current ADA accessibility guidelines and Consumer Product Safety Commission Guidelines.
 Creekside Park Pickleball Courts (CIP #352-52441) – This project will construct six permanent pickleball courts at Creekside Park and is expected to be complete in fall 2022.  Sunset Park Playground Replacement (CIP #352-52438) – This project will replace play equipment in Sunset Park to meet current ADA accessibility guidelines and Consumer Product Safety Commission Guidelines. This project is currently underway and expected to be complete in summer 2022.

Water Improvements
 Reservoir Painting and Recoating (CIP #562-56398) – This project consisted of inspecting, cleaning, repairing, removing old paint and repainting the interior and exterior of Zone 1 (1.1 and

1.2) reservoirs, Zone 2 (2.1 and 2.2) reservoirs and associated piping at City water storage facilities.

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 Water Emergency Back-Up Generators (CIP #562-56409) – This project provides for permanent emergency back-up generators and automatic transfer switches at six City facilities. In the event of a power outage, these new generators will automatically turn on and maintain power to critical infrastructure in order to provide water and wastewater services to the residents.

Wastewater Improvements
 Citywide Non-Potable Water Distribution System (CIP #592-59202) – This project consisted of the expansion of the reclaimed (non-potable) water distribution system throughout the City through installation of new main pipelines and the conversion of landscape irrigation meters from potable to non-potable water. These meter conversions provide reclaimed water for irrigation of landscaping in parks, roadway frontage, and medians. By converting to non-potable water usage, the City can reduce the cost of landscape irrigation, decrease dependence on the potable water supply, and reduce the discharge of recycled water containing chloride into Marsh Creek.

CIP Priorities
The 2022/23 – 2026/27 CIP includes several key projects that are designated as part of the City’s Councilapproved two-year Strategic Plan (“Plan”) covering FY 2022/23 and FY 2023/24. The policies and direction used to produce the Plan help define the priority of capital projects that are included in the CIP. The Plan consists of goals and initiatives within six focus areas: Infrastructure; Public Safety; Economic Development; Land Use Planning; Community and Neighborhood Services; and Fiscal Stability and Operational Management. The City of Brentwood FY 2022/23 – FY 2023/24 Strategic Plan can be found on the City’s website. The projects included in this CIP and their corresponding focus areas are shown on the following pages.

Focus Area 1: Infrastructure
 Brentwood Boulevard Widening North - Phase I (CIP #336-31620) – This project will continue the widening of Brentwood Boulevard (120' right-of-way) with two lanes in each direction (approximately 500') and will include two bike lanes, curb and gutter, medians, sidewalk on the east side, streetlights and landscaping on each side of the roadway. This project will also include a new parallel bridge over Marsh Creek, upgrading existing utilities, and moving the overhead power lines, telephone lines and cable lines underground. This project will improve safety and traffic flow, and facilitate adjacent development. Funding Sources: General Fund, Development Impact Fees, Unfunded
 Pavement Management Program – 2023/Future – The City completes a pavement condition survey of its roadways every two years. The City's pavement management software selects those streets on which it is the most cost effective and beneficial to perform preventative maintenance, and is confirmed with a field verification by staff. The annual pavement management program funds the reconstruction, overlaying, surface sealing and crack sealing of the selected roads.

Constructing roadways is a significant investment for the City. Preventative maintenance is the best means for keeping this large investment in good, operable condition and avoids costly reconstruction. Funding Sources: General Fund, RMRA
 Sand Creek Road Extension (CIP #336-31700) – The project scope includes extension of Sand Creek Road from westerly of the existing terminus at State Route 4 through the Bridle Gate project to Heidorn Ranch Road approximately 2,300 LF. The improvements include constructing the D.3.b
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central 56’ of roadway (2 – 20’ roadway and a 16’ median), streetlights, wet and dry utilities, full width bridge (4-lane arterial) across Sand Creek, and related work linking State Route 4 to Heidorn Ranch Road. The remaining improvements, which consist of one lane in each direction and the landscaping of the median and parkways, will be constructed by the developers of the adjoining properties. Funding Sources: Development Impact Fees, ECCRFA, Unfunded  Parking Garage Security and Safety Enhancements – This project will install vehicle and pedestrian gate access points and provide security enhancements to the City Hall parking structure. An increase in crime, vandalism, and property damage at the parking structure has led to the necessity to limit access to it. This project will limit vehicular and pedestrian access to the structure during off hours and times when the structure is not needed for downtown or community events. Funding Source: General Fund
 Solid Waste Organics Diversion (CIP #542-54021) – In order to comply with regulatory requirements associated with the passage of AB1826 and SB1383, the City will be required to recycle organic wastes and divert them away from landfills. In particular, SB1383 requires a 75% reduction in the disposal of organic waste by 2025. Funding Sources: Enterprise, Unfunded  Sound Wall – This project is to address noise concerns from State Route 4 (SR 4). The existing sound wall on the west side of SR 4, adjacent to Livorno Street, was constructed by the developer.

The City hired a consultant to perform an assessment of the SR 4 traffic noise within the City from Lone Tree Way to Marsh Creek Road. The Noise Analysis results indicated that noise levels were within the City’s normally and conditionally acceptable ranges for exterior noise exposure consistent with the General Plan. The City’s structural engineering consultant recently completed an assessment of the existing wall and wall foundation and the City Council determined that a portion of the existing wall will need to be removed and a new wall constructed in its place with a taller wall. Funding Source: General Fund
Focus Area 4: Land Use Planning
 Housing Element Update and Safety Element Update (CIP# 337-37258) – This project consists of an update of the Housing Element and the Safety Element of the City’s General Plan, building off the comprehensive update that was adopted by the City Council in July 2014. It will include clarifications and adjustments for changes in State law. This project will require extensive community engagement. Once updated, the Housing Element and Safety Element will be consistent with State requirements and the Bay Area regional planning cycle. An Environmental Impact Report will be prepared to comply with the California Environmental Quality Act. Funding Source: General Fund
 Zoning Ordinance Update (CIP# 337-37228) – This project will conduct a focused update of the City's Zoning Ordinance to be consistent with the General Plan and the community’s values, to be consistent with State law (such as SB 330) and professional best practices, be consistent with the 6th Cycle Housing Element, and to be easily understood and implemented. This project will include a corresponding environmental review document for CEQA compliance. The City Council recognized this project as necessary to make the City's Zoning Ordinance consistent with the General Plan. Funding Sources: General Fund, Federal/State/Agency Funding Focus Area 5: Community and Neighborhood Services
 Sand Creek Sports Complex – Sand Creek Sports Complex Phase I consists of the design and D.3.b
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construction of the 14.50 acres of City owned property identified as the future Sand Creek Sports Complex. It is anticipated that the complex will include up to 2-3 full size sports fields (soccer/ multi-use to be determined), parking lot, restrooms, picnic area and other possible park amenities like pickle ball courts, basketball courts, exercise equipment and playground. Phase II is made up of the Contra Costa County Flood Control detention basin, which consists of 19.24 acres, will potentially add 2-3 sports fields. Funding Sources: Development Impact Fees, Federal/State/Agency Funding, Bond Refinance Savings
 Vineyards at Marsh Creek - Event Center/Amphitheater (CIP# 337-37231) – This project will include construction of an outdoor amphitheater and event center. Project design is currently in progress and staff is working with a consultant on preparing a Supplemental Environmental Impact Report, scheduled to be completed early 2023. Construction is estimated to begin Summer/Fall 2023 with completion in the Fall of 2024. Funding Sources: Public Art Acquisition, Vineyards Event Center Fund, Vineyards Project Fund – all funded by new development All other projects in the 2022/23 – 2026/27 CIP that are not part of the current two-year Strategic Plan support the City’s Mission Statement, “Bringing Brentwood’s Vision to Reality.” Several of the more notable projects are described below:
 Downtown Alley Rehabilitation - Midway and Park Way (CIP #562-56414) – This project, previously named Downtown Alley Rehabilitation – Midway, now includes the Park Way alley section. This project consists of the installation of new water, sewer and storm drain facilities and either the removal or replacement of existing infrastructure to correct existing operations and maintenance constraints due to the age of the facilities. This project will allow the City to accommodate the anticipated development of the Downtown area and, where feasible, bring the aging facilities up to current standards. Funding Source: Enterprise  Homecoming Park Playground Replacement – The project will replace play equipment in Homecoming Park. The resilient safety surfacing in the playground areas will also be renovated.

Funding Source: Parks and LLAD Replacement
 Innovation Center @ Brentwood Infrastructure (CIP# 336-31695) – This project, formerly named Priority Area 1 Infrastructure Improvements, will construct infrastructure improvements within Priority Area 1. The improvements include Jeffery Way roadway extension from Amber Lane to Empire Avenue, the extension of wet utilities (water, sewer, and non-potable water) on Empire Avenue under State Route 4 to Heidorn Ranch Road, widening Lone Tree Plaza Drive between Heidorn Ranch Road and Canada Valley Road, and all associated improvements and land acquisition. Funding Sources: Development Impact Fees, Capital Infrastructure  Miwok Park Playground Replacement – The project will replace play equipment in Miwok Park.

The resilient safety surfacing in the playground areas will also be renovated. Funding Source: Parks and LLAD Replacement
 Public Art Spaces (CIP #337-37244) – This project, formerly named “Citywide Gateway Monuments “4-Corners””, consists of the installation of three or more monuments at select locations throughout the City. The project’s purpose is to improve the identity of the City at the three or more high traffic areas. Two installation sites and artists have been identified: Seth Palmiter will be installing “Radiant Convergence” on the median at Sand Creek Road in front of the Streets of Brentwood; and Douwe Blumberg will be installing “Fields of Time” at Balfour Road D.3.b
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adjacent to the Police Station. Both projects are expected to be installed by early 2023. The Arts Commission will be an active partner in making recommendations to City Council for future installations. Funding Sources: Capital Infrastructure; Public Art Acquisition; Public Art Administration
 Sensus AMR System Upgrade (CIP# 562-56397) – This project will install a fixed base Sensus Automatic Meter Reading (AMR) system which will provide hourly meter reads. This will require the installation of two antennas and the replacement of the Meter Transmitter Units (MXUs) on the water meters. Upgrading the current system will eliminate the need for City staff to drive routes to obtain meter readings, resulting in time savings allowing for more time for proactive customer service. Funding Source: Enterprise
 Wastewater Treatment Plant Expansion - Phase II (CIP #592-59140) – The existing 5 MGD tertiary treatment facility was planned and constructed to accommodate future expansions, of up to 10 MGD. The original facility was designed based on 100 GPD per capita flow but the average flow in the last several years has been 69 GPD per capita. The Phase II Expansion is designed to treat 6.4 MGD flow based on 69 GPD per capita, which will service the final buildout population of the City per the current General Plan. The project includes the addition of one diffused air oxidation basin, retrofit of existing oxidation ditches to diffused air, secondary clarifiers, converting chlorine contact facilities to free chlorine disinfection, utility pumps, new solids mechanical dryer, dried biosolids storage building, Electrical Distribution System Upgrade and all related appurtenances. This project is necessary to keep the City in compliance with more stringent discharge requirements. The expansion will also accommodate the planned and approved development within the City. Funding Sources: Development Impact Fees, Enterprise, Federal/State/Agency Funding
 Water and Wastewater SCADA System Upgrade (CIP #562-56402) – This project will provide necessary upgrades to the Supervisory Control and Data Acquisition (SCADA) computer systems to enable the Water Distribution System, Water Treatment Plant and Wastewater Treatment Plant to operate efficiently and securely. Funding Source: Enterprise

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Legislative Issues Affecting the Capital Budget
The unprecedented nature of the COVID-19 pandemic has resulted in a series of state and federal legislative actions over the past two years. Following is the most recent legislative action which will impact the City.

In March 2021, the United States Congress passed the American Rescue Plan Act of 2021 (“ARPA”), which is a $1.9 trillion economic stimulus package in response to the impacts of the unprecedented COVID-19 pandemic. The Plan includes $350 billion in emergency funding for states, counties, cities and tribal governments to cover increased expenditures, replenish lost revenue and mitigate economic harm from the COVID-19 pandemic. Of this amount, $130.2 billion is allocated to local governments. The City received a $6.9 million allocation of ARPA funding. In accordance with the City Council’s 2022/23-2023/24 Strategic Plan, all ARPA funds will be used to provide a portion of the funding for the Sand Creek Sports Complex project. The use of the City’s ARPA allocation complies with Treasury guidelines.

In November 2021, the United States Congress passed the Infrastructure Investment and Jobs Act, which is a $1.2 trillion bill that provides funding for the nation’s roads, bridges, and public transportation infrastructure, with a strong focus on climate change mitigation, resilience, and equity. It also contains funding for a network of electric vehicle chargers, broadband internet, cybersecurity, clean water, and airports. The measure will make significant investments in California, some of these investments include:
$25.3 billion for federal-aid highway apportioned programs and $4.2 billion for bridge replacement and repairs, $3.5 billion to improve water infrastructure to ensure clean, safe drinking water for California communities and $100 million to help provide broadband coverage across the state. The impact of this proposal on the City’s financial condition is unknown at this time, but actions by the state may result in more available funding to support local government and/or fewer state reductions in local resources available to the City.

In 2016 the State Legislature Passed Senate Bill (SB) 1383 which requires the separation of food waste and organics from garbage collection. The regulations associated with SB 1383 began on January 1, 2022, with compliance requirements being phased in over the next several years. The City has been preparing for the implementation of SB 1383 and the City Council approved a Strategic Initiative (Organics Management) with an estimated funding requirement of up to $40 million. These costs will increase the City’s cost to provide Solid Waste service. The State is currently considering several bills to provide funding and implementation assistance.

On January 4, 2022 the California Business Roundtable filed the “Taxpayer Protection and Government Accountability Act” and is currently in the process of gathering signatures for the placement of Initiative 21-0042A1 on the November statewide general election ballot. If this initiative were placed on the ballot and passed by the voters it would result in significant fiscal impacts for cities throughout California. The initiative, among other things, seeks to limit the ability of public agencies to recover costs through fees and to pursue new tax measures for voter approval. If the initiative were to pass voter approval for certain types of fines would also be required. If passed, the initiative would result in a negative fiscal impact for the City, although the exact implications would not be determinable until several legal ambiguities in the initiative are clarified.

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Conclusion
The City Council’s strategic planning process focuses on our ability to continue providing great quality of life to our residents, businesses and visitors. The City’s Capital Improvement Program plans and provides for amenities and infrastructure core to this quality of life. This could not be achieved without the City Council’s vision for the future and attention to fiscal policies that will assure long-term sustainability.

I wish to thank the City Council for providing clear policy direction, setting priorities and approving strategic initiatives that guide us in the preparation of this document. I would also like to express my appreciation to all of the City of Brentwood staff members who have taken the time to develop this report, especially during this unprecedented time of pandemic and eventual recovery. A great deal of effort and attention to detail has gone into the preparation of this document, representing many hours of work by staff members throughout the organization. A special thanks to the staff in the Finance and Information Systems Department for their on-going fiscal management and planning efforts that help keep the City in a great financial position.

Sincerely,

Tim Ogden
City Manager
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Mission Statement
Bringing Brentwood’s Vision to Reality
Vision and Culture
We are an organization of dedicated professionals working together to make Brentwood the very best, preserving its rich heritage and keeping Brentwood in the hearts of the people.

CORE VALUES
Integrity
Passion
Accountability
Respect
Quality
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Resolution
CITY COUNCIL RESOLUTION NO. XXXX-XX
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Overview

The City of Brentwood (“City”) prepares an annual CIP document, which is separate from the Operating Budget document, although the two are closely linked. This CIP addresses the City’s infrastructure needs and outlines a capital plan involving 94 projects, consisting of 58 City projects, 15 Future Improvement projects and 21 Development Improvement projects. For City projects, the fiscal year (FY) 2022/23 CIP expenditure budget is $82,549,298 and the total 2022/23 – 2026/27 CIP expenditure budget for City projects is $311,280,194.

The CIP is used as a planning tool by the City to identify the capital improvement needs of the City and align those needs with the appropriate timing and financing in a way that assures the most responsible and efficient use of resources. The Capital Budget is the first year of the CIP and consists of the planned project funding and expenditures for FY 2022/23. The Capital Budget is incorporated into the Operating Budget, which appropriates funds for specific programs and projects. The projected expenditures shown for the remaining four fiscal years are provided primarily for project planning and financial budgeting purposes and do not necessarily reflect a commitment of funds, unless the project is labeled as multi-year.

A capital project typically involves the purchase or construction of major fixed assets such as land, infrastructure, buildings and any permanent improvement including additions, replacements and major alterations having a long life expectancy. Additionally, capital projects may apply to: 1) expenditures, which take place over two or more years and require continuing appropriations beyond a single fiscal year, 2) systematic acquisitions over an extended period of time or 3) scheduled replacement or maintenance of specific elements of physical assets. Generally, only those items costing $10,000 or more are considered as capital projects. For informational purposes, capital projects are also referred to as capital facilities, CIP projects and capital improvement projects.

The five-year CIP is reviewed annually to enable the City Council to reassess projects in the program. An alphabetical listing of all the City’s CIP projects can be found beginning on page 145.

Future Annual Operating and Maintenance (O & M) Impact represents the change in future annual operating and maintenance costs due to a project. These estimated costs are generally operational expenses associated with the completed project, such as the cost of inspection, cleaning, repairs, utility charges and licensing fees. Funding for these costs come from a variety of sources, depending on the project. Some projects may generate operational savings due to increased efficiency or lower D.3.b
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maintenance costs. A summary of the Future Annual O & M Impact (in current dollars) for the five-year CIP is shown below:

Basis of Accounting
This CIP uses accounting methods consistent with Generally Accepted Accounting Principles (GAAP). The City’s accounting records are maintained on the Accrual Basis, or Modified Accrual Basis, as appropriate.

Budgets are prepared, and expenditures recorded, at the object level. All project costs are based on current year dollars and, where applicable, future years’ appropriations have been increased using an inflationary index of 3%.

How the Capital Improvement Program is Developed
The CIP is developed as a coordinated effort between numerous City staff including the CIP Project Managers, the CIP Executive Committee, which is made up of the City Manager, the Director of Public Works/City Engineer and the City Treasurer/Director of Finance and Information Systems, and various support staff. Projects designated as part of the City’s two-year Strategic Plan are included in the CIP.

Other projects are submitted by the CIP Project Managers to the CIP Executive Committee based on perceived need and feasibility of the project. The CIP Executive Committee meets with Project Managers and Finance staff to evaluate those projects based on need and available funding.

Some projects have specified funding sources, such as assessment districts or special fees and are generally recommended for funding. However, some projects may compete for limited funding dollars.

These projects are prioritized by the CIP Executive Committee and support staff. The list is then compared to available staffing and dollars and as many projects as feasible are proposed to be funded, with any remaining projects designated as unfunded. City projects that are not funded are listed in the Future Improvements section.

The next step in the development of the CIP is for the proposed program to be presented to the City Council at an annual CIP Workshop. The CIP Workshop is a public meeting intended to receive both City Council and resident input on the proposed CIP, which is subsequently incorporated into the CIP document in accordance with City Council direction. Finally, the draft document is presented to the City Council at a public meeting for final approval.

Roadway Improvements 232,000 $
Parks and Trails Improvements 147,125
Water Improvements 14,000
Wastewater Improvements 608,000
Community Facilities Improvements 54,500
TOTAL 1,055,625 $
Future Annual O & M Impact
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How the Capital Improvement Program is Prioritized
The prioritization of proposed CIP projects is critical in determining which projects will be included in the five-year program planning period. Factors such as Federal, State and safety regulations, demands due to increased population, potential for increased efficiencies, maintenance of existing service levels and funding availability are all analyzed. Additionally, projects defined as a part of the City’s Strategic Plan are given high priority. Descriptions of Strategic Plan projects that are included in this CIP can be found beginning on page 9.

The CIP uses the following priority levels to determine when projects will be funded. A Summary of Capital Improvement Projects by Priority can be found on page 41.

Priority Level: 1 Mandatory – Projects in the Level 1 priority status are the highest priority projects.

These projects must be completed for one of the following reasons:

A. Ongoing Projects – Projects under construction should be funded to maintain continuity.

B. Legal/Regulatory Obligations – Projects in this category are required by Federal, State, County or other municipal requirements.

C. Safety Obligations – Projects are required to ensure the safety of the citizens.

D. Development – Projects are required due to City growth as a result of development.

E. Consensus Priority – Projects identified by City Council as “consensus priority”. This includes projects identified in the City’s two-year strategic plan.

Priority Level: 2 Necessary – Level 2 priority categories include:

F. Development – Projects which will be funded entirely with Development Impact Fee funds are subject to fluctuations in the balance of these funds.

G. Agency Assisted – Any project that relies on outside agencies for funding will be subject to prioritization by these agencies.

H. Service Increase/Maintenance – Projects which increase the efficiency of City systems or maintain the existing service levels of City systems.

Brentwood City CouncilMay 24, 2022

Brentwood City Council
May 24, 2022