Brentwood City Council
September 26, 2023

CITY COUNCIL/SUCCESSOR AGENCY AGENDA
Zoom Webinar ID: 760 1397 0037

September 26, 2023, 7:00 p.m.

City Council Chambers
150 City Park Way
Brentwood, CA 94513
City Council Zoom Link
A. CALL TO ORDER & ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. REPORT ON CLOSED SESSION
D. PUBLIC COMMENTS
The public is permitted to speak on items that are listed under Presentations; Informational Reports from Council Members, Committee, Liaisons, and Staff; on the Consent Calendar; Requests for Future Agenda Items, new items; or items not on the agenda. Public comments for scheduled agenda items should wait until that time. To accommodate those speaking in-person and via Zoom, we will call upon those in-person first, and then to Zoom. If necessary, we will repeat that process.

In Person: Please file a speaker’s card with the City Clerk on the form provided on the counter at the back of the Chambers.

Zoom: Please use the Raise Your Hand feature in Zoom during this item to speak under Public Comments.

Persons are required to limit their remarks to five (5) minutes unless an extension of time is granted by the Mayor subject to approval of the City Council/Successor Agency. Speakers desiring answers to questions should direct them to the Council/Successor Agency and, if relevant, they may direct them to the appropriate staff member. Speakers can also follow up directly with staff during regular City business hours.

E. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES, LIAISONS, AND STAFF This portion of the agenda is to provide an opportunity for Council Members to report on attendance at events, subcommittee meetings, and entities on which the Council Member has been appointed as a liaison and for staff to provide brief updates and/or information to the City Council.

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

F.1 Minutes of the City Council/Successor Agency meeting of September 12, 2023 F.2 A Proclamation Proclaiming September 26, 2023 as Human Resources Professional Day F.3 A Proclamation Proclaiming September 29, 2023 as Veterans of Foreign Wars Day F.4 A Proclamation Proclaiming October 9, 2023 as Indigenous Peoples' Day F.5 A Proclamation Proclaiming October 2023 as Breast Cancer Awareness Month F.6 A Proclamation Proclaiming October 2023 as All Abilities Month F.7 A Proclamation Proclaiming October 2023 as Filipino American Heritage Month F.8 A Proclamation Proclaiming October 2023 as Polish American Heritage Month F.9 A Proclamation Proclaiming October 2023 as Cyber Security Awareness Month F.10 Contract for Brentwood Family Aquatic Complex Pool Heaters Replacement Title/Recommendation
Adopt a Resolution approving the contract documents, award the bid, and authorize the City Manager or designee to execute the contract and necessary documents, including the use of contingency amounts, for the Brentwood Family Aquatic Complex pool heaters replacement, to National Aquatics Services, Inc. in the amount of $179,028.13 plus funding authorization for a 10% contingency amount of $17,902.81 for additional services, for a total funding authorization not to exceed amount of $196,930.94; and amend the 2023/24 Parks and LLAD Replacement Fund Operating Budget in the amount of $196,931.

G. PUBLIC HEARINGS
Persons addressing the City Council using Zoom are asked to raise their hands using the Zoom feature. Those attending in person and wishing to address the Council may do so from the podium. The Council may adopt reasonable regulations at the onset of the public hearing to facilitate public testimony. These regulations may include time limits. In the absence of such regulations, the public hearing shall follow the protocol for Public Comments.

G.1 Call for review of a tentative parcel map and design review for Lazy Dog restaurant, approved by the Planning Commission on August 15, 2023
Title/Recommendation
Staff recommends that the City Council adopt a resolution affirming the Planning Commission approval of a tentative parcel map to subdivide a 5.29-acre parcel (MS 354- 22) and a design review (DR 22-011) for a new sit-down restaurant known as Lazy Dog, with related site improvements, located on the south side of Sand Creek Road and the east side of State Route 4 (APN 019-110-074 and a portion of CCWD owned parcel APN 019-110-023), as conditioned by the Planning Commission.

On December 12, 2017, the City Council adopted a City-initiated Mitigated Negative Declaration (MND) (SCH# 2017102022) prepared for the subject site. The Initial Study (IS) for the MND contemplated buildout of the site based on the maximum Floor Area Ratio (FAR) of 0.45, as provided in Table 2.0.2 of the City of Brentwood General Plan Environmental Impact Report (EIR). Based on the size of the project site and the maximum FAR, the site could be developed with a maximum of 103,890 square feet of commercial space and a maximum of 520 parking spaces and remain within the envelope of what was studied in the MND. The proposed parcel map and development FAR falls below the maximum capacity that was contemplated, and therefore no further environmental review would be required.

G.2 Final Engineer’s Report, and confirming and ordering the formation of Landscape & Lighting Assessment District No. 23-1
Title/Recommendation
Hold the Public Hearing relating to the formation of Landscape & Lighting Assessment District No. 23-1 (Orchard Grove).

Confirm the formation with a simple majority property owner approval, weighted by assessment amount.

Adopt a Resolution ordering the Formation of Landscape & Lighting Assessment District No. 23-1; ordering improvements and confirming the diagram and assessments as shown in the Landscape & Lighting Assessment District No. 23-1 (Orchard Grove) Fiscal Year 2023-24 Final Engineer’s Report in accordance with provisions of the Streets and Highways Code “Landscaping and Lighting Act of 1972” and California Proposition 218.

H. BUSINESS ITEMS

H.1 Review of City Council/Administrative Policy Ethics and Conduct Policy 110-5 Title/Recommendation
That the City Council discuss and provide direction to staff on potential amendments to City Council/Administrative Policy 110-5, Ethics and Conduct.

H.2 Former Davis Camp Site Historical Display
Title/Recommendation
Continue to collaborate with East Contra County Historical Society to design an interpretive historical display that recognizes the significance of the former Davis Camp and its contribution to the history of Brentwood on or near the former Davis Camp property and return with draft layout and design for Council consideration.

I. REQUEST FOR FUTURE AGENDA ITEMS
I.1 NEW REQUEST(S)
Council Members wishing to have an agenda item placed on a future agenda shall make a request under this section of the agenda. These items will be included on the agenda for the next Council meeting
I.2 REQUESTED ITEM(S)
I.2.a Consider a Request of September 12, 2023 from Vice Mayor Meyer regarding the Senior Center programming and operations
Title/Recommendation
That the City Council consider and discuss the request from Vice Mayor Meyer as stated at the City Council meeting of September 12, 2023, related to the Senior Center programming and operations.

I.2.b Consider a Request of September 12, 2023, from Council Member Mendoza regarding staffing issues in the Parks and Recreation Department Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza as stated at the City Council meeting of September 12, 2023, related to staffing issues in the Parks and Recreation Department.

I.2.c Consider a Request of September 12, 2023, from Council Member Pierson regarding Senior Center programming survey and input from the Parks & Recreation Commission regarding the Parks & Recreation Director's evaluation Title/Recommendation
That the City Council consider and discuss the request from Council Member Pierson as stated at the City Council meeting of September 12, 2023, regarding Senior Center Programming and input from the Parks & Recreation Commission regarding the Parks & Recreation Director's evaluation
I.2.d Consider a Request of September 12, 2023 from Council Member Pierson regarding a review of the adopted Utility Rate Studies, and provide data to Council Member Mendoza to do her own calculations
Title/Recommendation
That the City Council consider and discuss the request from Council Member Pierson as stated at the City Council meeting of September 12, 2023, related to a review of the adopted Utility Rate Studies and provide data to Council Member Mendoza to do her own calculations.

I.2.e Consider a Request of September 12, 2023, from Council Member Mendoza regarding amendments to the Special Events Application
Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza as stated at the City Council meeting of September 12, 2023, related to amendments to the Special Events Application.

I.2.f Consider a Request of September 12, 2023, from Council Member Mendoza regarding monitoring of Council Member time and requests of staff Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza regarding monitoring of Council Member time and requests of staff.

J. ADJOURNMENT
Any disclosable public records related to an agenda item for the open session of this meeting distributed to all or a majority of the City Council less than 72 hours before this meeting is available for inspection at City Hall, located at 150 City Park Way, during normal business hours.

These writings will also be available for review at the City Council meeting in the public access binder in the entrance of the City Council Chambers.

Public comments received after 3:00 p.m. of the meeting date, but prior to the start of the meeting, will be emailed to the City Council, posted online at www.brentwoodca.gov/councilmeetingonline within one day following the meeting, and will be summarized in the meeting minutes.

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

If you challenge the any of the matters listed under 'Public Hearings' in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Brentwood City Council at, or prior to, the public hearing
NOTICE
In compliance with the Americans with Disabilities Act, the meeting room is wheelchair accessible and disabled parking is available at the City Hall parking lot. If you are a person with a disability and you need disability-related modifications or accommodations to participate in this meeting, please contact the City Clerk's Office at (925) 516-5440 or fax (925) 516-5441. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. {28 CFR 35.102-35, 104 ADA Title II}

POSTING STATEMENT
On September 21, 2023, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside City Hall, 150 City Park Way, Brentwood, CA 94513 and at our website www.brentwoodca.gov
A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov

1 CITY COUNCIL/SUCCESSOR AGENCY MINUTES
September 12, 2023, 7:00 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 7:00 p.m.

Roll Call found the following members present: Mendoza, Meyer, Pierson, Oerlemans, and Mayor Bryant.

B. PLEDGE OF ALLEGIANCE
Mayor Bryant led the Pledge of Allegiance.

C. REPORT ON CLOSED SESSION OF AUGUST 29, 2023
There was no reportable action.

D. PUBLIC COMMENTS
Dirk Zeigler provided comments requesting sanctions be taken against Council Member Mendoza in response to slanderous comments.

Johnny Rodriguez provided comments thanking Council Member Oerlemans in recognizing Grupo L in honor of Hispanic Heritage month and thanked the Council for supporting La Gran Fiesta.

Anirvin Madhan provided an update on behalf of the Youth Commission.

The following individuals provided comments related to concerns at the Senior Center and within the Parks and Recreation Department:

Mary Kohler
Lidia Campos
Robbie Myers
Maureen Muller
Sandra Torres
Olga Vidriales
Bertha Oseguera Ruiz
Elizabeth Ramirez
Ian Cohen
Nicole Brown

2 Tony Aguilar provided comments related to the La Gran Fiesta event held over the weekend and expressed appreciation for sponsorships and community support.

Danny Dohrmann provided comments related to the Bridle Gate project.

Carolina Villaseca thanked City staff for completing the road improvement to Fairview Avenue between San Jose Avenue and Sand Creek Road and expressed support to the senior community.

Sinziana Todor expressed disappointment in the speaker timer being reduced to three (3) minutes, provided comments related to City leadership, and spoke regarding garbage left behind at the conclusion of the La Gran Fiesta event.

E. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,

LIAISONS, AND STAFF
Council Member Oerlemans thanked the members of the public who provided comments, reported he attended the Tri Delta Transit board meeting, the Police Department's retirement celebration for CSO Brian Decker, Ice Cream with PD at Sip and Scoop, Closed Session City Council meeting, watched the Planning Commission meeting, attended a ribbon cutting at Phlebotomy +, La Gran Fiesta in City Park, and attended the Downtown Brentwood Coalition meeting.

Vice Mayor Meyer reported she attended the Bay Area Housing Finance Authority hosted workshop, Contra Costa Elected Women in Leadership Networking Luncheon, attended three (3) sites at Trilogy for Worldwide Play Music on the Porch Day, Congressman DeSaulnier's Town Hall at Contra Costa Animal Services, watched the Planning Commission meeting, attended a League of California Cities Mayors and Council Members Department Planning meeting for upcoming conference in Sacramento, attended a screening and community discussion of "Who We Are: A Chronicle of Racism in America, the Mayors Conference, and spoke with members of the Senior Center, nonprofits, and other cities related to their senior centers.

Council Member Mendoza thanked the public for attending and bringing their concerns to the Council, reported she attended the Bay Area Housing Finance Authority hosted workshop, the Latino Caucus Public Relations and Strategy Committee meeting, board meeting for the Latino Caucus, League of Women Voters informational meeting around housing, Contra Costa Elected Women in Leadership Networking Luncheon, California Alliance of Local Electeds (CALE), Congressman DeSaulnier's Town Hall at Contra Costa Animal Services, watched the Planning Commission meeting, attended the Mayors Conference, National Association for the Advancement of Colored People (NAACP) Freedom Fund banquet, Worldwide Play Music on the Porch Day, Downtown Brentwood Coalition meeting, and attended the Closed Session City Council meeting.

3 Council Member Pierson reported she received multiple calls from residents related to the Senior Center, attended the Closed Session City Council meeting, met with Peckham and McKenney regarding the City Attorney recruitment, attended the "Here I Am: Communities United Against Antisemitism" initiative, thanked Tony Aguilar and the Chamber for their work putting together the La Gran Fiesta event, and thanked the public for attending and speaking.

Mayor Joel Bryant thanked the public for attending and voicing their concerns, reported he attended the Mayors Conference, the Habitat Conservancy Board meeting, the Police Department's retirement celebration for CSO Brian Decker, Tri Delta Transit board meeting, and met with directors of the "Here I Am: Communities United Against Antisemitism" group.

F. CONSENT CALENDAR
Mayor Bryant pulled Item F.3.

Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Adopted the Consent Calendar as recommended by staff, with the exception of Item F. 3.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
Item F.3
Moved by: Jovita Mendoza, Council Member
Seconded by: Tony Oerlemans, Council Member
Grupo L performed and were presented the Proclamation for Hispanic Heritage Month by the City Council, read in English by Council Member Oerlemans and in Spanish by Council Member Mendoza.

Motion Approved (5 to 0)
F.1 Minutes of the City Council/Successor Agency meeting of August 22, 2023
F.2 Minutes of the Special City Council meeting of August 29, 2023 F.3 A Proclamation Proclaiming September 15 to October 15 as Hispanic Heritage Month
Grupo L performed and were presented the Proclamation for Hispanic Heritage Month by the City Council, read in English by Council Member Oerlemans and in Spanish by Council Member Mendoza.

4 F.4 Consideration of the City of Brentwood’s intent to participate in the Green Empowerment Zone and the taking of implementing actions Adopted Resolution 2023-109 supporting the City of Brentwood's intent to participate in the Green Empowerment Zone (GEZ).

F.5 Consideration of the Arts Commission recommendation to revise the City Public Art Prioritization List
Approved the City of Brentwood Public Art Priority List as recommended by the Arts Commission and detailed in the Staff Report.

F.6 BKF Engineers Amendment No. 4 to the Agreement for Design and Environmental Services for the Sand Creek Road Extension Adopted Resolution 2023-110 approving and authorizing the City Manager or designee to execute Amendment No. 4 to the Agreement for Design and Environmental Services (“Agreement”), and necessary documents, including Amendments, with BKF Engineers (“BKF”) in the amount of $181,000, plus funding authorization for a 10% contingency of $18,100, for a total funding authorization not to exceed amount of $1,177,220 for the Sand Creek Road Extension, CIP Project No. 336- 31700 (“Project”).

F.7 Notice of Completion for DSS Company dba Knife River Construction for the Pavement Management Program 2023 (Asphalt)
Adopted Resolution 2023-111 accepting the work performed by DSS Company dba Knife River Construction (“Contractor”) for the Pavement Management Program 2023 (Asphalt), CIP Project No. 336-31702 (“Project”); and requesting the City Clerk file a Notice of Completion with the County Recorder.

F.8 Accept landscaping improvements on Parcel ‘A’, the O’Hara Avenue landscape frontage, and the Natwick Way in-tract improvements at DeNova Homes development (Subdivision 9519)
Adopted Resolution 2023-112 accepting the water quality basin on Parcel ‘A’, the O’Hara Avenue landscape frontage, and the Natwick Way in-tract improvements at DeNova Homes development
(Subdivision 9519) for maintenance by the City and request that the City Clerk file this Resolution with the Recorder of Contra Costa County.

F.9 Response to Contra Costa Civil Grand Jury Report No. 2306 Approved the City of Brentwood’s response to Civil Grand Jury Report No. 2306, “Affordable Housing: A Plan Without a Home”.

5 G. PUBLIC HEARINGS
G.1 Adoption of the FY 2023/24 Cost Allocation Plan and Schedule of City Fees
Director of Finance Kerry Breen and Management Analyst Johnny Bhardwaj presented the item.

Mayor Bryant opened the Public Hearing.

There being no one wishing to speak, it was moved / seconded by Pierson / Mendoza to close the Public Hearing, and carried by the following vote:

Ayes (5): Council Member Mendoza, Meyer, Pierson, Oerlemans, and Mayor Bryant
Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Tony Oerlemans, Council Member
Adopted Resolution 2023-113 adopting the FY 2023/24 Cost Allocation Plan and Schedule of City Fees
Ayes (4): Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor Noes (1): Jovita Mendoza, Council Member
Motion Approved (4 to 1)
G.2 Continuance of a public hearing for the consideration of ordinances enacting a permanent ban on all oil and gas development operations in the City, and more stringent regulatory control measures for existing oil and gas development in the City
Director of Community Development Alexis Morris presented the item.

Mayor Bryant opened the public comment period.

Ian Cohen, Alison Chiu, Carolina Villaseca, Rohan Tyagi spoke in support of the continuance.

There being no one else wishing to speak, Mayor Bryant closed the public comment period.

Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
City Council continued the public hearing on the ordinances to October 10, 2023, to allow staff and the City’s legal counsel an opportunity to further analyze the effect on the proposed ordinances of the recently decided California Supreme Court decision in Chevron U.S.A. Inc., et. al. v. County of Monterey (Chevron).

6 Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
H. BUSINESS ITEMS
H.1 Call for Review of the Design Review Amendment DR 20-009 A2 for a paved outdoor equipment storage and maintenance yard associated with the Brentwood Golf Club located at 100 Summerset Drive (APN 010-020-016)
Associate Planner Sarah Yuwiler presented the item.

Mayor Bryant opened the public comment period.

Jeff Rhoades, Robert Wantuck, and Gary Bellitt spoke in favor of the approval of this project.

Joel Keller spoke on behalf of the applicant.

There being no one else wishing to speak, Mayor Bryant closed the public comment period.

Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Adopted Resolution 2023-114 affirming the Planning Commission approval of a design review amendment (DR 20-009 A2) to eliminate the previously approved maintenance building and allow for an approximately 26,460 square foot paved and fenced outdoor equipment storage and maintenance yard, relocation of an existing above-ground gasoline fueling tank, new putting green, and construction of bio-retention basins associated with the Brentwood Golf Club, located at 100 Summerset Drive, as conditioned with amendments to include black chain link, black slats that should be maintained, with ivy going around it to cover the chain link fencing, with 10 foot lights.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)

7 H.2 Establish a Low Income Senior/Permanent Disability Discount Program for Solid Waste and Water Utility Services
Finance Director Kerry Breen presented the item.

Mayor Bryant opened the public comment period.

There being no one wishing to speak, Mayor Bryant closed the public comment period.

Adopted Resolution 2023-115 re-establishing a Discount Program to provide a discount of 50% on fixed water utility base meter charges and a discount of 33% on solid waste utility 32-gallon garbage cart service for qualified, Low-Income Seniors/Permanently Disabled persons. The definition of Permanently Disabled to include not only the applicant, but also the spouse or dependent child should they meet the requirements.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
H.3 Update and Discussion on the Parking Garage Security & Safety Enhancements Project, CIP No. 337-37262
Director of Public Works Casey Wichert presented the item.

Mayor Bryant opened the public comment period.

There being no one wishing to speak, Mayor Bryant closed the public comment period.

Moved by: Susannah Meyer, Vice Mayor
Seconded by: Pa'tanisha Pierson, Council Member
The City Council received an update and provided feedback on the initial concepts for the Parking Garage Security & Safety Enhancements Project, CIP Project No. 337-37262 with direction to be mindful of the budget when looking at the dynamic sign to include various options as discussed.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)

8 H.4 Brentwood Unified School District Solid Waste Billing Adjustment Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Adopted Resolution 2023-116 to write-off Brentwood Unified School District’s outstanding receivable balance of $290,036.25 relating to under billed Solid Waste collection services prior to 2023.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
H.5 Designation of the Voting Delegate and an alternate for the 2023 League of California Cities Annual Conference
City Manager Tim Ogden presented the item.

Mayor Bryant opened the public comment period.

There being no one wishing to speak, Mayor Bryant closed the public comment period.

Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Council Member
Adopted Resolution 2023-117 designating the Mayor Bryant as the voting delegate with Vice Mayor Meyer as the alternate for the 2023 League of California Cities Annual Conference.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
H.6 Approving the Fourth Amendment to the Employment Agreement between the City of Brentwood and City Manager Tim Ogden, and amending the FY 2023/2024 General Fund Operating Budget Human Resources Director Sukari Beshears presented the item.

Mayor Bryant opened the public comment period.

Olga Vidriales, Gerald Johnson, and Mike Luker provided comments in support of approving the item.

There being no one else wishing to speak, Mayor Bryant closed the public comment period.

9 Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Tony Oerlemans, Council Member
Adopted Resolution 2023-118 approving the fourth amendment to the Employment Agreement between the City of Brentwood and City Manager Tim Ogden, and amending the FY 2023/2024 General Fund Operating Budget
Ayes (3): Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Noes (2): Jovita Mendoza, Council Member, and Susannah Meyer, Vice Mayor
Motion Approved (3 to 2)
I. REQUEST FOR FUTURE AGENDA ITEMS
I.1 NEW REQUEST(S)
Council Member Pierson requested:

1. The Parks and Recreation Commission hold a public meeting on the senior center programming and facility usage and that they are asked to conduct an investigation, to include surveying staff and members of the public for the purpose of obtaining facts and data concerning direct programs and staffing.

Additionally, that the Park and Recreation Commission be included in the next evaluation of the Parks and Recreation Director, with this information reported to the City Council.

2. Staff to re-review the rate study after having reviewed Council member Mendoza's calculations and to provide her with information necessary to do her calculations.

Vice Mayor Meyer requested:

1. A top to bottom overview of the Senior Center operations.

Council Member Mendoza requested:

1. An internal investigation on employee rights within the Parks and Recreation Department as a whole,

2. Look at event agreements, specifically related to post-event clean-up requirements. Add language to special even application conditions. Additionally, ensure competing vendors are
separated, create a vendor map in advance of an event, and check with other cities for best practices as it relates to vendors and competing businesses.

3. Establish a process to monitor the amount of time each Council Member is spending with staff.

10 J. ADJOURNMENT
It was moved/seconded by Oerlemans to adjourn at 11:19 p.m. in memory of September 11, 2001. The motion carried with the following members in favor: Mendoza, Meyer, Pierson, Oerlemans, and Mayor Bryant.

CITY COUNCIL AGENDA ITEM NO. F.10
09/26/2023
SUBJECT: Contract for Brentwood Family Aquatic Complex Pool Heaters Replacement
DEPARTMENT: Parks and Recreation
STAFF: Bruce Mulder, Director of Parks and Recreation
Aaron Wanden, Parks Maintenance Manager
Elaine McGurk, Project Services Specialist

TITLE/RECOMMENDATION
Staff recommends City Council approve the contract documents, award the bid, and authorize the City Manager or designee to execute the contract and necessary documents, including the use of contingency amounts, for the Brentwood Family Aquatic Complex pool heaters replacement, to National Aquatics Services, Inc. in the amount of $179,028.13 plus funding authorization for a 10% contingency amount of $17,902.81 for additional services, for a total funding authorization not to exceed amount of $196,930.94; and amend the 2023/24 Parks and LLAD Replacement Fund Operating Budget in the amount of $196,931.

FISCAL IMPACT
The total cost of the Brentwood Family Aquatic Complex pool heaters replacement is $196,930.94 and will be funded by the Parks and LLAD Replacement Fund. Resources for the repair and replacement needs of the Brentwood Family Aquatic Center are accumulated in the Parks and LLAD Replacement Fund from contributions from the General Fund. As such, the Parks and LLAD Replacement fund has sufficient funds set aside and available for this replacement. Staff is requesting an amendment to the FY 2023/24 Parks and LLAD Replacement Fund Operating Budget in the amount of $196,931 to account for this expense.

There is no additional maintenance cost incurred from replacing the pool heaters; maintenance for the pool heaters is included in the monthly inspections completed by the Parks Maintenance staff and the cost is included in the 2023/24 Operating Budget.

CITY COUNCIL AGENDA ITEM NO. F.10
09/26/2023

BACKGROUND
The Brentwood Family Aquatic Complex was constructed in 1999. Since its completion, the pool heaters have been replaced twice. The current pool heaters have been repaired by staff numerous times and it will be beneficial to completely replace them at this time during the off season while the pool is closed.

Formal bid documents were made available to the public on August 7, 2023 and a mandatory bidder’s conference was held on August 22, 2023 at the Brentwood Family Aquatic Complex, which was attended by three staff members along with seven (7) contractors. The bid opening occurred on August 31, 2023 and a total of two (2) bids were received on the date, as follows:

In conformance with the Public Contract Code, staff recommends the award of the contract for the Brentwood Family Aquatic Complex pool heaters replacement, to National Aquatics Services, Inc. as being a responsible and responsive bidder, in the amount of $179,028.13, plus funding authorization for a 10% contingency amount of $17,902.81, for a total not to exceed funding authorization amount of $196,930.94.

CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

DATE OF NOTICE
Not applicable.

ENVIRONMENTAL DETERMINATION
Not applicable.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Construction Contract
Contractor Total of Bid
National Aquatics Services, Inc. $179,028.13
Tricon Construction Inc. dba Tricon Aquatics $218,616.00

ATTACHMENT “1”
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 On September 28, 1999, the Council awarded the construction contract for the City of Brentwood Family Aquatic Complex (CIP No. 522-5202) to Shoemate Buildings, Inc.
 On February 13, 2001, City Council accepted the work performed by Shoemate Buildings, Inc. for the City of Brentwood Family Aquatic Complex (CIP Project No. 522-5202) and directed the City Clerk to file a notice of completion with the recorder’s office of Contra Costa County.
 On January 22, 2008, by Resolution No. 2008-17, City Council awarded the bid and approved and authorized the City Manager or designee to execute a Construction Contract and necessary documents with Carrier Corporation Inc., for the replacement of pool heaters in the amount of $89,505.31, plus $8,950.53 contingency, for a total amount of $98,455.84 for the Aquatic Complex Improvements Project, CIP No. 352-52403, and also amending the CIP Budget Sheet for the Aquatic Complex Improvements Project, CIP No. 352-52403.
 On March 14, 2017, by Resolution No. 2017-30, City Council adopted the amended 2016/17 – 2020/21 Capital Improvement Program Aquatic Complex Improvements Project in the amount of $128,142 and the amended 2016/17– 2017/18 Operating Budget for the associated funding transfer from the Parks and LLAD Replacement Fund of $128,142.
 On May 23, 2017, by Resolution No. 2017-66, City Council adopted 1) the bid and authorized the City Manager or designee to execute a construction contract and necessary documents for the Aquatic Complex Improvements, CIP Project No. 352-52403 with Manley’s Boiler, Inc. in the amount of $135,500, plus a 10% contingency of $13,550, for a total amount of $149,050; 2) authorized staff to amend the 2016/17 – 2020/21 Capital Improvements Program Aquatic Complex Improvements Project in the amount of $149,050; and 3) authorized staff to amend the FY 2016/17 operating budget for the associated funding transfer from the Parks and LLD Replacement Fund of $149,050.

RESOLUTION NO.

A RESOLUTION APPROVING THE CONTRACT DOCUMENTS,

AWARDING THE BID, AND AUTHORIZING THE CITY MANAGER OR

DESIGNEE TO EXECUTE A CONSTRUCTION CONTRACT AND

NECESSARY DOCUMENTS, INCLUDING THE USE OF CONTINGENCY

AMOUNTS, FOR THE BRENTWOOD FAMILY AQUATIC POOL
HEATERS REPLACEMENT TO NATIONAL AQUATICS SERVICES, INC.,

AS THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER IN THE
AMOUNT OF $179,028.13 PLUS FUNDING AUTHORIZATION FOR A
10% CONTINGENCY AMOUNT OF $17,902.81 FOR ADDITIONAL

SERVICES, FOR A TOTAL AUTHORIZATION NOT TO EXCEED
AMOUNT OF $196,930.94, AND AMEND THE 2023/24 PARKS AND

LLAD REPLACEMENT FUND OPERATING BUDGET IN THE AMOUNT
OF $196,931.

WHEREAS, on September 28, 1999, the Council awarded the construction contract for the City of Brentwood Family Aquatic Complex (CIP No. 522-5202) to Shoemate Buildings, Inc.; and
WHEREAS, on February 13, 2001, City Council accepted the work performed by Shoemate buildings, Inc. for the City of Brentwood Family Aquatic Complex (CIP Project No. 522-5202) and directed the City Clerk to file a notice of completion with the recorder’s office of Contra Costa County; and
WHEREAS, on January 22, 2008, by Resolution No. 2008-17, City Council awarded the bid and approved and authorized the City Manager or designee to execute a Construction Contract and necessary documents with Carrier Corporation Inc., for the replacement of pool heaters in the amount of $89,505.31, plus $8,950.53 contingency, for a total amount of $98,455.84 for the Aquatic Complex Improvements Project, CIP No. 352-52403, and also amending the CIP Budget Sheet for the Aquatic Complex Improvements Project, CIP No. 352-52403.

WHEREAS, on March 14, 2017, by Resolution No. 2017-30, City Council adopted the amended 2016/17 – 2020/21 Capital Improvement Program Aquatic Complex Improvements Project in the amount of $128,142 and the amended 2016/17– 2017/18 Operating Budget for the associated funding transfer from the Parks and LLAD Replacement Fund of $128,142; and
WHEREAS, on May 23, 2017, by Resolution No. 2017-66, City Council adopted 1) the bid and authorized the City Manager or designee to execute a construction contract and necessary documents for the Aquatic Complex Improvements, CIP Project No. 352-52403 with Manley’s Boiler, Inc. in the amount of $135,500, plus a 10% contingency of $13,550, for a total amount of $149,050; 2) authorized staff to amend the 2016/17 – 2020/21 Capital Improvements Program Aquatic Complex Improvements Project in the amount of $149,050; and 3) authorized staff to amend the FY 2016/17 operating budget for the associated funding transfer from the Parks and LLD Replacement Fund of $149,050; and
WHEREAS, the current pool heaters have been repaired by staff numerous times and it will be beneficial to completely replace them during the off season while the pool is closed; and

WHEREAS, staff solicited for bids on August 7, 2023 and two (2) bids were received on August 31, 2023; and
WHEREAS, National Aquatics Services, Inc. submitted the lowest responsible and responsive bid in the amount of $179,028.13;
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood hereby approves the contract documents, awarding the bid and authorizing the City Manager or designee to execute a construction contract and necessary documents, including the use of contingency amounts, for Brentwood Family Aquatic Pool Heaters Replacement to National Aquatics Services, Inc., as the lowest responsible and responsive bidder in the amount of $179,028.13, plus funding authorization for a 10% contingency amount of $17,902.81 for additional services, for a total authorization not to exceed amount of $196,930.94, and amending the 2023/24 Parks and LLAD Replacement Fund Operating Budget in the amount of $196,931.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on September 26, 2023 by the following vote:

Contract
This public works contract (“Contract”) is entered into by and between City of Brentwood (“City”) and National Aquatic Services, Inc. (“Contractor”), for work on the Brentwood Family Aquatic Complex Heaters Replacement. (“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 on the Project. On September 26, 2023, 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 $179,028.13 (“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 60 calendar 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 $500 per day for each day of unexcused delay in 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:
150 City Park Way
Brentwood, CA 94513
(925) 516-5444
Attn: Christophor Lopes, Park Maintenance Supervisor
[email protected]
Copy to: Tammy Homan, Management Analyst at [email protected] Contractor:

National Aquatic Services, Inc.
9030 Brentwood Blvd., Suite F
Brentwood, CA 94513
(925) 513-9025

Attn: Sean J. Senior, President
Email: [email protected]
Copy to: Doreen Salanoa, [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.

13. Signatures.

13.1 Counterparts. This Agreement may be executed in two or more counterparts, each of which together will be deemed an original, but all of which together will constitute the same instrument.

13.2 Digital/Electronic Signatures. Using a City-approved method, this Agreement may be executed through the use of digital or electronic signatures in accordance with Government Code Section 16.5. The presence of an electronic signature on this Agreement will be construed as the Parties’ consent to do business electronically.

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: National Aquatic Services, Inc.
s/_______________________________
Sean J. Senior, President/Secretary
Date: ____________________________
930970, Exp. 06/30/2024
Contractor’s California License Number(s) and Expiration Date(s)

CITY COUNCIL AGENDA ITEM NO. G.1
09/26/2023
SUBJECT: Call for review of a tentative parcel map and design review for Lazy Dog restaurant, approved by the Planning Commission on August 15, 2023
DEPARTMENT: Community Development
STAFF: Alexis Morris, Director of Community Development Miguel Contreras, Associate Planner

TITLE/RECOMMENDATION
Staff recommends that the City Council adopt a resolution affirming the Planning Commission approval of a tentative parcel map to subdivide a 5.29-acre parcel (MS 354-22) and a design review (DR 22-011) for a new sit-down restaurant known as Lazy Dog, with related site improvements, located on the south side of Sand Creek Road and the east side of State Route 4 (APN 019-110-074 and a portion of CCWD owned parcel APN 019-110-023), as conditioned by the Planning Commission.

On December 12, 2017, the City Council adopted a City-initiated Mitigated Negative Declaration (MND) (SCH# 2017102022) prepared for the subject site. The Initial Study (IS) for the MND contemplated buildout of the site based on the maximum Floor Area Ratio (FAR) of 0.45, as provided in Table 2.0.2 of the City of Brentwood General Plan Environmental Impact Report (EIR). Based on the size of the project site and the maximum FAR, the site could be developed with a maximum of 103,890 square feet of commercial space and a maximum of 520 parking spaces and remain within the envelope of what was studied in the MND. The proposed parcel map and development FAR falls below the maximum capacity that was contemplated, and therefore no further environmental review would be required.

FISCAL IMPACT
The project proponent, RAK Engineering, has paid a total of $22,860.94 for applications related to the project. There are no fees associated with a call for review.

BACKGROUND
The item before the City Council is a call for review of the Planning Commission’s decision to approve the subject applications.

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Robert A. Karn & Associates, Inc., is requesting approval of a tentative parcel map (MS 354-22) to subdivide a 5.29-acre parcel into two parcels and a design review (DR 22-011) for the construction of a new 9,089 square foot Lazy Dog restaurant, with a 1,508 square foot outdoor seating area, a 764 square foot waiting area, the continuation of a public trail, and related site improvements on the northern 2.78 acres of the project site and a portion of an abutting Contra Costa Water Districtowned parcel. The remaining 2.52 acres to the south are being reserved for future development. The proposed project site is located immediately south of Sand Creek Road, west of the Sand Creek Crossing commercial center, east of State Route 4, and north of San Jose Avenue.

A detailed analysis of the project is included as part of the August 15, 2023, Planning Commission staff report, which is attached for the City Council’s review and reference.

PLANNING COMMISSION MEETING OF AUGUST 15, 2023
On August 15, 2023, the Planning Commission held a public hearing to consider the referenced application. At least 10 days prior to the public hearing, the project applicant erected a sign advertising the upcoming public hearing. In addition, staff published a notice of public hearing for the project in the Brentwood Press and mailed it to all property owners within 300 feet of the site, as required by law. The City received one public comment regarding this item prior to the Planning Commission hearing that was received via email.

The public comment was submitted by the Contra Costa Water District (CCWD). In its letter, CCWD identified five items, including two that the Planning Commission incorporated into conditions of approval (numbers 19 and 23(a) of Planning Commission Resolution No. 23-014). These conditions require the applicant and the City to enter into an agreement with CCWD. Through this agreement, the City would obtain the surface right for the trail and the City would then maintain the trail with the Lighting and Landscaping Assessment District (LLAD) funding source.

Additionally, through this agreement, the applicant would acquire the surface rights for the portions of CCWD’s parcel that will be used for Lazy Dog’s landscaping and parking. The applicant would maintain these areas and grant CCWD surface access to conduct repairs and maintenance of the Los Vaqueros Pipeline (LVP).

After the presentation of the staff report, the Commission opened the hearing and heard a presentation and testimony from the applicant. During this presentation, the applicant indicated that it would not accept conditions of approval numbers 8, 11,

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12, and 13 as drafted in Resolution No. 23-014. Conditions 8, 11, and 13 require that all rooftop equipment be screened from view by raising the parapet height to be at least six inches above the mechanical equipment and that the applicant raise the entrance tower to keep the proportionality between the parapet wall and the tower element. Condition 12 requires that all stone pilasters have a minimum of eighteen inches of depth instead of the ten and a half inches shown on the proposed project plans.

The applicant presented line-of-sight diagrams depicting that a person of average height would not be able to see the rooftop equipment within four hundred feet from the restaurant. Based on these diagrams, the applicant declared that the project would comply with the City’s Design Guidelines, in that the rooftop equipment would be hidden from view and therefore the above-mentioned conditions would not be necessary. The applicant further said that raising the parapet walls, accent wall, and the tower element would exponentially increase the cost to build the project.

The applicant also stated that an increase in depth to the pilasters would necessitate adding a “brow” to the building, which would give the building a top-heavy appearance. Therefore, in order to maintain architectural continuity, the applicant requested that the Commission remove condition of approval number 12 from Resolution No. 23-014. The Commission opened public comment after the applicant’s presentation and testimony, and none was provided.

After closing public comment, the Planning Commission asked questions regarding the tower element, rooftop equipment, windows, and traffic circulation. Initially, the Planning Commission questioned why the proposed restaurant design included a shorter tower than what is typical of other Lazy Dog restaurants. The applicant explained that as a rebranding effort, Lazy Dog is no longer incorporating the typical angled-tower for which most Lazy Dog restaurants are known. The applicant further emphasized the fact that this was not the only Lazy Dog restaurant that has been built without the typical angled-tower element, and that similar restaurants have been built and proposed in other locations throughout the state, such as San Mateo and San Jose. The Commission acknowledged a business’s right to rebrand and accepted the proposed straight-tower design as adequate.

Regarding the rooftop equipment, the Commission shared staff’s concern that it would be visible, despite the applicant’s line-of-sight diagrams. Staff had determined that the line-of-sight diagrams are not adequate, since the City does not utilize a line-of-sight standard for assessing rooftop equipment. Instead, the City’s Design Guidelines state that rooftop equipment should be hidden from view with walls or

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screening to match the primary building materials and should appear to be an integral part of the architecture. Staff further explained that the preferred method of screening rooftop equipment is to design parapet walls that are higher than the rooftop equipment. The Commission expressed concern that it would be difficult to correct an issue during construction if it turned out that the rooftop equipment was visible.

In regards to draft condition of approval number 11, the Commission acknowledged that an increase in depth of the pilasters would not contribute significantly to the building's architecture, given that there was ample and adequate landscaping around the building. In addition, the landscaping proposed for the overall site exceeded what was required, including the addition of 65 trees. Therefore, the Commission agreed to remove condition of approval number 11 from the resolution and keep the pilaster depth at the proposed ten and a half inches. The Commission did, however, question the lack of detail in the building’s proposed windows. The proposed windows were large with no details, whereas other locations and the initial project plans depicted large windows with details such as mullions to break up the size of the window and provided visual interest.

During deliberation, the Commission expressed some concern regarding issues that might arise from traffic circulation, specifically with providing proper access to the property. The Commission questioned if there were any conditions that could be added to prevent issues in the future, including the addition of another eastbound lane on Sand Creek Road. The City’s traffic engineer responded, indicating that there are no traffic concerns identified per the previously adopted MND. The traffic engineer further indicated that if any traffic concerns were to arise, the City would need to take appropriate actions to alleviate those issues. In addition, the traffic engineer clarified that the City would not be able to make any modifications to the State Route 4 off-ramps or intersections, since they are under the jurisdiction of Caltrans and would require a Caltrans permit.

After deliberation, the Commissioner adopted unanimously Resolution No. 23-013 (as conditioned) to approve MS 354-22. The Commission further adopted unanimously Resolution No. 23-014 to approve DR 22-011, with the addition of conditions 19, 20, and 23a (which require the applicant to enter into an agreement with CCWD and to install pet waste collection bags), and replacing condition 11 with a condition to add additional details to the windows to the satisfaction of the Director of Community Development. The project approval includes the conditions of approval that were requested by CCWD, as well as conditions to screen all rooftop equipment with the parapet walls, in the event that the parapet wall needs to be raised then the tower

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element and accent wall would need to be raised in order to maintain proportionality with the parapet wall, and to add window details. These actions started the 10-day appeal period.

On August 17, 2023, Council Member Mendoza filed a timely call for review per Brentwood Municipal Code (BMC) Section 17.880.030. Per the BMC, a call for review is required to be heard before the appellate body within 45 days of being filed, unless both the applicant and appellant consent in writing to a later date. In this case, the call for review is being considered 40 days from when it was received, within the required timeframe.

Subsequent to the Planning Commission hearing and call for review, CCWD contacted staff and requested that an additional condition be added to the project that would limit vegetation species on the CCWD property to have root structures of a maximum two feet, six inches. This condition is reflected in the draft City Council resolution as condition of approval 36.

ANALYSIS
The August 15, 2023, Planning Commission staff report, meeting minutes, and public comments received via email before and after the publication of the Planning Commission packet are attached for the City Council’s review and reference. The attached staff report explains in detail how the project is consistent and complies with the City’s General Plan and zoning requirements.

The main concern expressed during the August 15, 2023, meeting concerned the rooftop equipment in relation to the City’s Design Guidelines. The Design Guidelines were adopted by the City in 2006 in an effort to articulate the importance of highquality design that complements and enhances the existing fabric of the community.

equipment:

Organize and screen roof mounted equipment:
a) Place roof mounted equipment away from building edges. b) Group roof mounted equipment wherever possible to minimize number and extent of screen walls.
c) Hide equipment with wall and screens to match the primary building materials in order to integrate them with the design of the building walls. d) Mechanical screens should appear to be an integral part of the building, not an added on element.

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e) Roof wells in sloped roof forms are strongly encouraged.

As mentioned above, the applicant indicated that it would not accept any condition that would require an increase to the height of either the parapet walls or the tower element. However, the project was approved with conditions requiring that rooftop equipment be screened by the building’s parapet walls and to maintain the current proportionality between the height of the parapet wall and the tower and accent wall.

Subsequent to the August 15th Planning Commission hearing and call for review being submitted, the applicant requested that the City Council consider a change to the conditions of approval that were adopted, via Resolution 2023-014, by the Planning Commission. Specifically, the applicant is requesting the removal of conditions numbers 8, 11, 12, and 13. As noted above, conditions 8, 12, and 13 require that the parapet walls to be at least six inches above all rooftop equipment and if the parapet walls are to be raised, then the tower and accent walls shall be raised in order to keep the proportionality between these and the parapet wall.

Condition 11 was re-written by the Planning Commission requiring the applicant to add additional details to all the windows similar to the drawings that were submitted with the original application.

Instead, the applicant requests that the Council consider and adopt conditions of approval that would approve the building as proposed without having to raise the height of the parapet walls if all rooftop equipment is hidden from view. The applicant has submitted a sight line study (attached), demonstrating that all rooftop equipment will be hidden from the view of an average person standing 226 feet away. If, during construction it turns out that the rooftop equipment is visible, then the applicant would accept a condition of approval requiring that the rooftop equipment be screened with materials that are of the same design as the parapet walls. Lastly, the applicant asks that the Council remove condition 11 since the applicant contends that condition fashioned by the Planning Commission was “too vague.” The replacement condition proposed by the applicant would read:The replacement condition proposed by the applicant would read:

If during construction of the building it is found by the Director of Community Development that rooftop equipment is visible from any adjacent development at street level or from any portion of the Sand Creek Road right-of-way, the applicant will develop a screening plan to be reviewed and approved by the Director of Community Development.

The screening materials shall match the primary building colors and

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materials, be integrated into the design of the building and shall not appear to be an “added on element”, to the satisfaction of the Director of Community Development. Screening shall be installed and inspected for compliance prior to issuance of certificate of occupancy for the building.

The proposed condition is not included in the attached design review resolution as it is only a proposal from the applicant for the Council’s consideration. If the Council were to adopt this condition, then conditions 8, 12 and 13 would need to be removed from the attached design review resolution.

CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

DATE OF 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 this site on September 15, 2023.

The applicant also posted the project site with the required signage.

ENVIRONMENTAL DETERMINATION
As noted above, on December 12, 2017, the City Council adopted a City-initiated Mitigated Negative Declaration (MND) (SCH# 2017102022) prepared for the subject site. The Initial Study (IS) for the MND contemplated buildout of the site based on the maximum Floor Area Ratio (FAR) of 0.45, as provided in Table 2.0.2 of the City of Brentwood General Plan Environmental Impact Report (EIR). Based on the size of the project site and the maximum FAR, the site could be developed with a maximum of 103,890 square feet of commercial space and a maximum of 520 parking spaces and remain within the envelope of what was studied in the MND. The proposed parcel map and development falls below the maximum capacity that was contemplated and therefore no further environmental review would be required.

With the adoption of the above mentioned MND, the City also adopted 30 Mitigation Measures (attached) that this project and any future development on the subject site

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will need to comply with. This project is conditioned to comply with and implement all applicable mitigation measures identified in the adopted MND.

ATTACHMENT(S)

1. Previous Action

2. CC Resolution for MS 354-22

3. CC Resolution for DR 22-011

4. Planning Commission Staff Report

5. Lazy Dog, Full Plan Set

6. Lazy Dog, Sightline Exhibit (From PC)

7. Peer Review, Larry Cannon Comments

8. Adopted Mitigation Measures

9. Revised Sightline Exhibit

Attachment 1

PREVIOUS ACTIONS
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited. • On July 22, 2014, the City Council adopted the General Plan Update, part of which included a change to the Land Use Map designation for the project site to Regional Commercial.
• On October 14, 2014, the City Council directed staff to initiate a City-sponsored rezone and environmental review for the PD-6 Zone to establish development standards for a 5.3-acre site owned by the State Route 4 Bypass Authority. • On December 12, 2017, the City Council adopted Resolution No. 2017-163, adopting a Mitigated Negative Declaration in order to rezone the subject 5.3- acre site.
• On January 9, 2018, the City Council adopted Ordinance No. 996 approving a rezone (RZ 16-007) to amend the PD-6 map to include the subject site to the existing Planning Area 3 and to apply the established development standards to the 5.3-acre site.
• On August 15, 2023, the Planning Commission adopted Ordinance No.23-013 approving minor subdivision MS354-22, to subdivide the subject the 5.3-acre parcel into two parcels the northern most being 2.78-acres and the southernmost being 2.52 acres.
• On August 15, 2023, the Planning Commission adopted Ordinance No. 23-014 approving Design Review DR22-011, approving a 9,089 square foot Lazy Dog restaurant, with a 1,508 square foot outdoor seating area, a 764 square foot waiting area, the continuation of a public trail, and related site improvements. • On August, 17, 2023, Council Member Mendoza filed a call for review of the Planning Commission’s decision to approve Minor Subdivision MS354-22 and Design Review DR22-011.

CITY COUNCIL RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A TENTATIVE PARCEL MAP (MS 354-22) TO SUBDIVIDE A

5.3-ACRE PARCEL INTO TWO PARCELS OF 2.78 AND 2.52 ACRES IN

SIZE, RESPECTIVELY, LOCATED ON THE SOUTHEAST CORNER OF SAND CREEK ROAD AND THE STATE ROUTE 4 NORTHBOUND OFF RAMP (APN 019-110-074).

WHEREAS, Robert A. Karn & Associates, Inc. (“Permittee”) submitted an application for a tentative parcel map (MS 354-22) to allow the subdivision of a 5.3- acre parcel into two smaller parcels of 2.78 and 2.52 acres, respectively, located on the southeast corner of Sand Creek Road and the State Route 4 northbound off ramp (APN 019-110-074); and
WHEREAS, the Permittee concurrently submitted a request for design review (DR 22-011) to allow the construction of a 9,000 square foot restaurant, with a 2,414 square foot outdoor dining area and associated site improvements; and WHEREAS, collectively, MS 354-22 and DR 22-011 constitute the “Project;” and
WHEREAS, the City referred the Project to various departments and agencies for review and recommendations; and
WHEREAS, in 2017 the City adopted a Mitigated Negative Declaration (SCH# 2017102022) and corresponding mitigation measures, attached hereto as Exhibit “B,” which covers projects that fall below the maximum contemplated development of the site, which is 103,890 square feet of commercial space and 520 parking spaces, which is based on the maximum Floor Area Ratio (FAR), 0.45, as provided in Table

2.0.2 of the City of Brentwood General Plan Environmental Impact Report (EIR); and WHEREAS, the City distributed a notice of public hearing to all property owners within 300 feet of the Project Site and published it in the Brentwood Press on August 4, 2023, in accordance with City policies and Government Code Section 65090, and a public hearing notice sign was posted on the site during this same timeframe; and
WHEREAS, the Planning Commission held a public hearing on August 15, 2023, reviewed said tentative parcel map request, and studied the compatibility of this request with adjacent land uses, and considered this request in accordance with Title 16 (Subdivisions and Land Development) and Chapter 17.456 (PD-6) of the Brentwood Municipal Code, as well as testimony received by the Permittee and interested parties; and
WHEREAS, on August 15, 2023, the Planning Commission held a public hearing and approved MS 354-22 and DR 22-011 via Planning Commission Resolutions No. 23-013 and No. 23-014, respectively; and

WHEREAS, on August 17, 2023, City Council member Jovita Mendoza timely filed a call for review of the Planning Commission’s action approving MS 35-22 and DR 22-011; and
WHEREAS, the City Distributed a Notice of Public Hearing to all property owners of record within 300 feet of the Project Site and published it in the Brentwood Press on September 15, 2023, in accordance with City policies and Government Code Section 65090, and a public hearing notice sign was posted on the site during this same timeframe; and
WHEREAS, the City Council considered the call for review of the Project at its regular meeting of September 26, 2023, 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 the California Environmental Quality Act (Public Resources Code §§ 21000, et. seq., hereafter “CEQA”) requires analysis of agency approvals of discretionary “projects.” A “project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” The proposed tentative parcel map is a project under CEQA. However, on December 12, 2017, the City Council of the City of Brentwood adopted Resolution 17-163, adopting a Mitigated Negative Declaration (SCH# 2017102022) for the subject site which contemplated buildout of the site based on the maximum Floor Area Ratio (FAR), 0.45, as provided in Table 2.0.2 of the City of Brentwood General Plan Environmental Impact Report (EIR). Based on the size of the project site and the maximum FAR, the site could be developed with a maximum of 103,890 square feet of commercial space and a maximum of 520 parking spaces and remain within the envelope of what was studied in the MND. The proposed subdivision and development falls below the maximum capacity that was contemplated and therefore no further environmental review would be required provided that the Permittee abides by all Mitigation Measures identified in Exhibit “B”.

B. Hereby finds with respect to the tentative parcel map findings required pursuant to Brentwood Municipal Code section 16.05.040 and Government Code section 66474:

1. That the proposed map is consistent with the community development plan and any applicable specific plans.

The subject site has a General Plan land use designation of Regional Commercial (RC), and is “intended for businesses that serve the needs of Brentwood residents as well as neighboring communities.”

2. The design or improvement of the proposed subdivision is consistent with the community development plan and any applicable specific plans..

The Project Site is located within Planned Development 6, Planning Area 3, and the design or improvement of the subdivision will allow development of the Project Site for commercial uses, provides for vehicular and pedestrian circulation and infrastructure improvements designed to facilitate the efficient movement of people and goods (Goal CIR1), requires payment of impact fees to mitigate the effects of the development on infrastructure and potential habitat (Action COS 3a), and will adhere to noise restrictions during construction (Action COS 3a) as the project involves. General Plan Policy LU 6-6 provides “encourage quality landscape and design.” The project proposes to incorporate more shade trees into its landscaping (23% lot coverage) than is required by the BMC (16% lot coverage), and will add vegetation to a currently un-landscaped portion of Sand Creek Road.

3. That the site is physically suitable for the type of development.

The design or improvement of the proposed subdivision is consistent with the City of Brentwood General Plan and the PD-6, Planning Area 3 zoning district insomuch as the project involves the subdivision of approximately

5.29 acres into two commercial lots, and each proposed parcel meets the minimum lot area and minimum lot width requirements identified in the development standards for PD-6, Planning Area 3 as provided in the table below. Additionally, the site is a relatively flat infill parcel with roads and utilities provided to the borders.

4. That the site is physically suitable for the proposed density of development.

The site is physically suitable for the proposed density of development in that the lots exceed the minimum lot size required by the development standards contained in Chapter 17.456 (PD-6), as set forth above, and the lots are relatively flat.

5. That the design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat unless an Environmental Impact Report (‘EIR’) was prepared with respect to the project and a finding was made pursuant to Public Resources Code Section 21081(c) that specific PD-6, Planning Area
3 requirements
Parcel A Parcel B
Min Lot Area
(sf)
5,000 sf 2.78 acres 2.52 acres
Min Lot Width
(ft)
No minimum 474 ft. 363 ft.

economic, social, or other considerations make infeasible the mitigation measure or project alternatives identified in the EIR.

The design of the subdivision and the associated proposed improvements are not likely to cause substantial environmental damage, nor is it likely to unavoidably injure fish or wildlife or their habitats, as all potential impacts have been analyzed through the 2017 Mitigated Negative Declaration, with which this Project complies, and all studied environmental impacts have been addressed through the mitigation measures and the conditions of approval.

6. That the design of the subdivision or type of improvements cause serious public health problems.

The design of the subdivision and the associated improvements are not likely to cause serious public health problems due to the fact that the design and improvements allow for adequate emergency vehicle access, and do not include the use or transport of any hazardous materials.

7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

No easements have been acquired by the public at large for access through or use of the property within the proposed subdivision.

C. Hereby approves Minor Subdivision No. 354-22, subject to the conditions contained in Exhibit “A” attached hereto and made a part of this resolution.

D. The Planning Commission shall have jurisdiction to hear any modifications to MS 354-22.

E. The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at 150 City Park Way in Brentwood, California. Planning Manager Erik Nolthenius is the custodian of records for the record of proceedings.

NOW, THEREFORE, BE IT FURTHER RESOLVED that this tentative parcel map is valid for two years and will expire on September 26, 2025, unless a final map is recorded prior to that date, or written extension request and application fees are submitted by the Permittee and approved by the Planning Commission prior to the expiration date.

ADOPTED by the City Council of the City of Brentwood at its regular meeting on September 26, 2023.

AYES:

NOES:

ABSENT:

RECUSE:

APPROVED
Joel R. Bryant
Mayor
ATTEST:

Margaret Wimberly, MMC
City Clerk

EXHIBIT “A” TO
CITY COUNCIL RESOLUTION NO.

CONDITIONS OF APPROVAL FOR
MINOR SUBDIVISION NO. 354-22

1. The Permittee, including all successors in interest (collectively “Permittee”) shall comply with each and every condition set forth in this Permit. Minor Subdivision No. 354-22 (“Permit”) shall have no force or effect and no building permit shall be issued unless and until all things required by the belowenumerated precedent conditions have been performed or caused to be performed.

2. The parcel map shall be in substantial compliance with the Tentative Parcel Map prepared by Robert A. Karn & Associates, Inc., dated “March 14, 2023” unless modified by the Planning Commission or other conditions herein.

3. Permittee shall pay all applicable development fees for Parks/Trails and Community Facilities per the Development Fee Program to the satisfaction of the Director of Parks and Recreation.

4. 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 MS 354-22, 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.

5. The Permittee shall abide by all Mitigation Measures contained in Attachment “B” of this resolution.

6. The Project shall be consistent with all applicable City’s General Plan Policies.

7. All improvements shall be designed and constructed; all permits issued; all fees paid; and all securities submitted pursuant to applicable Federal and state laws, the Subdivision Map Act, the Brentwood Municipal Code, the City Engineering Department’s Standard Plans and Specifications, and the City Engineering Department’s Engineering Procedures Manual.

8. Prior to approving the Parcel Map:
a. The Parcel Map shall comply with the current Subdivision Map Act. b. The Parcel map shall include the relinquishment of abutters rights along Sand Creek Road to except at approved driveway locations to the satisfaction of the City Engineer.
c. The Project shall annex into the most current City Community Facilities District, and annex into, or form a street lighting and landscape maintenance assessment district, or provide and execute an alternative funding mechanism acceptable to the City for the maintenance of City improvements.
d. The Project shall annex into the most current Emergency Medical and Fire Protection Service Funding Community Facilities District (see Brentwood Municipal Code Chapter 17.635) as required by the Contra Costa County Fire Protection District.
e. All applicable City fees shall be paid including, but not limited to, the Agricultural Mitigation Fee, the Contra Costa Flood Control and Water Conservation District Fee.

EXHIBIT “B” TO
CITY COUNCIL RESOLUTION NO.

ADOPTED MITIGATION MEASURES FOR
MINOR SUBDIVISION NO. 354-22
The following Mitigation Measures are extracted from the Initial Study. These measures are designed to avoid or minimize potentially significant impacts, and thereby reduce them to an insignificant level. A Mitigation Monitoring and Reporting Program (MMRP) is an integral part of project implementation to ensure that mitigation is properly implemented by the City of Brentwood and the implementing agencies. The MMRP will describe actions required to implement the appropriate mitigation for each CEQA category including identifying the responsible agency, program timing, and program monitoring requirements.

Based on the analysis and conclusions of the Initial Study, the impacts of proposed project would be mitigated to less‐than‐significant levels with the implementation of the mitigation measures presented below.

Mitigation Measure AES‐1: Prior to construction of the proposed project, the developer shall coordinate with the City of Brentwood Planning Commission to ensure that significant new sources of glare are not generated by the proposed project. This may include, but is not limited to, ensuring that the number of and/or location of windows and/or other potential sources of daytime glare that are generated by proposed project buildings, such as reflective siding or other building materials, do not adversely affect day or nighttime views in the area.

Mitigation Measure AES‐2: In conjunction with development of the proposed project, the developer shall shield all on‐site lighting so that nighttime lighting is directed within the project site and does not illuminate adjacent properties. A detailed lighting plan shall be submitted for the review and approval by the Community Development Department and the Public Works Department in conjunction with the project improvement plans. The lighting plan shall indicate the locations and design of the shielded light fixtures.

Mitigation Measure AG‐1: The Project Permittee must preserve agricultural lands by paying an in‐lieu fee established by City Council resolution. The fee may be adjusted annually but may not be increased by more than ten percent during any twelve‐month period.

Mitigation Measure AIR‐1: Prior to the issuance of a grading permit, the Permittee/Developer shall prepare an Erosion Prevention and Dust Control Plan.

The plan shall be followed by the project’s grading contractor and submitted to the Public Works Department, which will be responsible for field verification of the plan during construction.

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

Mitigation Measure AIR‐2: To the extent feasible, construction employees shall be hired from local populations, since it is more likely that they have been previously exposed to the fungus which causes Valley Fever and are therefore immune.

Mitigation Measure AIR‐3: During periods of high dust in the grading phase,

crews must use National Institute for Occupational Safety and Health (NIOSH) approved N95 masks or better or other more stringent measures in accordance with the California Division of Occupational Safety and Health regulations.

Mitigation Measure AIR‐4: The operator cab of area grading and construction equipment must be enclosed and air‐conditioned.

Mitigation Measure BIO‐1: ECCCHCP. Prior to the issuance of grading or construction permits for the project site, the developer shall submit an application and obtain coverage under the ECCCHCP. This will include payment of the applicable ECCCHCP per‐ acre fee in effect for Zone I in compliance with Section

16.168.070 of the Brentwood Municipal Code. The developer shall receive a Certificate of Coverage from the City of Brentwood and submit a construction monitoring report to the ECCC Habitat Conservancy for review and approval. The Certificate of Coverage will confirm the fee has been received, that other ECCC HCP/NCCP requirements have been met or will be performed, and will authorize take of covered species.

Mitigation Measure BIO‐2a: San Joaquin Kit Fox. Prior to any ground disturbance related to covered activities, a USFWS/CDFW‐approved biologist shall conduct a preconstruction survey in areas identified in the planning surveys as supporting suitable breeding or denning habitat for San Joaquin kit fox. The surveys shall establish the presence or absence of San Joaquin kit foxes and/or suitable dens and evaluate use by kit foxes in accordance with USFWS survey guidelines (U.S. Fish and Wildlife Service, 1999). Preconstruction surveys shall be conducted within 30 days of ground disturbance. On the parcel where the activity is proposed, the biologist shall survey the proposed disturbance footprint and a 250‐foot radius from the perimeter of the proposed footprint to identify San Joaquin kit foxes and/or suitable dens. Adjacent parcels under different land ownership will not be surveyed. The status of all dens shall be determined and mapped. Written results of preconstruction surveys shall be submitted to USFWS within 5 working days after survey completion and before the start of ground disturbance. Concurrence is not required prior to initiation of covered activities. If San Joaquin kit foxes and/or suitable dens are identified in the survey area, Mitigation Measure BIO‐2b shall be implemented.

Mitigation Measure BIO‐2b: San Joaquin Kit Fox. If a San Joaquin kit fox den is discovered in the proposed development footprint, the den shall be monitored for 3 days by a USFWS/CDFW– approved biologist using a tracking medium or an infrared beam camera to determine if the den is currently being used.

Unoccupied dens shall be destroyed immediately to prevent subsequent use. If a natal or pupping den is found, USFWS and CDFW shall be notified immediately.

The den shall not be destroyed until the pups and adults have vacated and then only after further consultation with USFWS and CDFW.

If kit fox activity is observed at the den during the initial monitoring period, the den shall be monitored for an additional five consecutive days from the time of the first observation to allow any resident animals to move to another den while den use is actively discouraged. For dens other than natal or pupping dens, use of the den can be discouraged by partially plugging the entrance with soil such that any resident animal can easily escape. Once the den is determined to be unoccupied it may be excavated under the direction of the biologist. Alternatively, if the animal is
still present after five or more consecutive days of plugging and monitoring, the den may have to be excavated when, in the judgment of a biologist, it is temporarily vacant (i.e., during the animal’s normal foraging activities).

If dens are identified in the survey area outside the proposed disturbance footprint, exclusion zones around each den entrance or cluster of entrances shall be demarcated. The configuration of exclusion zones shall be circular, with a radius measured outward from the den entrance(s). No covered activities shall occur within the exclusion zones. Exclusion zone radii for potential dens shall be at least 50 feet and will be demarcated with four to five flagged stakes. Exclusion zone radii for known dens shall be at least 100 feet and will be demarcated with staking and flagging that encircles each den or cluster of dens but does not prevent access to the den by kit fox.

Mitigation Measure BIO‐3a: Burrowing Owl. Prior to any ground disturbance related to covered activities, a USFWS/CDFW‐approved biologist shall conduct a preconstruction survey in areas identified in the planning surveys as having potential burrowing owl habitat. The surveys shall establish the presence or absence of Western Burrowing Owl and/or habitat features and evaluate use by owls in accordance with CDFW survey guidelines (California Department of Fish and Game, 1995).

On the parcel where the activity is proposed, the biologist shall survey the proposed disturbance footprint and a 500‐ foot radius from the perimeter of the proposed footprint to identify burrows and owls. Adjacent parcels under different land ownership will not be surveyed. Surveys shall take place near sunrise or sunset in accordance with CDFW guidelines. All burrows or burrowing owls shall be identified and mapped. Surveys shall take place no more than 30 days prior to construction. During the breeding season (February 1– August 31), surveys shall document whether burrowing owls are nesting in or directly adjacent to disturbance areas. During the nonbreeding season (September 1– January 31),

surveys shall document whether burrowing owls are using habitat in or directly adjacent to any disturbance area. Survey results shall be valid only for the season (breeding or nonbreeding) during which the survey is conducted. Copies of both surveys shall be submitted to ECCC Habitat Conservancy and the City for review and approval.

Mitigation Measure BIO‐3b: Burrowing Owl. If burrowing owls are found during the breeding season (February 1– August 31), the project proponent shall avoid all nest sites that could be disturbed by project construction during the remainder of the breeding season or while the nest is occupied by adults or young. Avoidance shall include establishment of a non‐ disturbance buffer zone (described below).

Construction shall occur during the breeding season if a qualified biologist monitors the nest and determines that the birds have not begun egg‐laying and incubation or that the juveniles from the occupied burrows have fledged. During the nonbreeding season (September 1– January 31), the project proponent shall avoid the owls and the burrows they are using, if possible. Avoidance shall include the establishment of a buffer zone (described below).

During the breeding season, buffer zones of at least 250 feet in which no construction activities can occur shall be established around each occupied burrow (nest site). Buffer zones of 160 feet shall be established around each burrow being used during the nonbreeding season. The buffers shall be delineated by highly visible, temporary construction fencing.

If occupied burrows for burrowing owls are not avoided, passive relocation shall be implemented. Owls shall be excluded from burrows in the immediate impact zone and within a 160‐foot buffer zone by installing one‐way doors in burrow entrances. These doors shall be in place for 48 hours prior to excavation. The project area shall be monitored daily for a week to confirm that the owl has abandoned the burrow. Whenever possible burrows shall be excavated using hand tools and refilled to prevent reoccupation (California Department of Fish and Game, 1995). Plastic tubing or a similar structure shall be inserted in the tunnels during excavation to maintain an escape route for any owls inside the burrow.

Mitigation Measure BIO‐4a: Swainson’s Hawk. Prior to any ground disturbance during the nesting season (March 15‐ September 15), a qualified biologist shall conduct a preconstruction survey no more than 1 month prior to construction to establish whether Swainson’s hawk nests within 1,000 feet of the project site are occupied. If potentially occupied nests within 1,000 feet of the project site are found, then their occupancy shall be determined by observation from public roads or by observations of Swainson’s hawk activity (e.g., foraging) near the project site. If nests are occupied, minimization measures and construction monitoring are

required (as provided in Mitigation Measure BIO‐4b, below). A copy of the preconstruction survey shall be submitted to the ECCC Habitat Conservancy and the City for review and approval.

Mitigation Measure BIO‐4b: Swainson’s Hawk. If occupied nests are located within 1,000 feet of the project site, during the Swainson’s hawk nesting season (March 15–September 15), covered activities within 1,000 feet of occupied nests or nests under construction shall be prohibited to prevent nest abandonment. If site‐specific conditions or the nature of the covered activity (e.g., steep topography, dense vegetation, limited activities) indicate that a smaller buffer could be used, the Implementing Entity shall coordinate with California Department of Fish and Wildlife (CDFW)/United States Fish and Wildlife (USFWS) to determine the appropriate buffer size. If young fledge prior to September 15, covered activities can proceed normally. If the active nest site is shielded from view and noise from the project site by other development, topography, or other features, the project Permittee can apply to the ECCC Habitat Conservancy and the City for a waiver of this avoidance measure. Any waiver must also be approved by USFWS and CDFW. While the nest is occupied, activities outside the buffer can take place.

No trees shall be removed during project construction. All active nest trees shall be preserved on site, if feasible. Nest trees, including non‐native trees, lost to covered activities shall be mitigated by the project proponent according to the requirements of Mitigation Measure BIO‐4c (below).

Mitigation Measure BIO‐4c: Swainson’s Hawk. The loss of non‐riparian Swainson’s hawk nest trees shall be mitigated prior to project operation by the project proponent by:

If feasible on‐site, planting 15 saplings for every tree lost with the objective of having at least 5 mature trees established for every tree lost according to the requirements listed below, and either:

1. Pay the Implementing Entity an additional fee to purchase, plant, maintain, and monitor 15 saplings on the HCP/NCCP Preserve System for every tree lost according to the requirements listed below, OR

2. The project proponent will plant, maintain, and monitor 15 saplings for every tree lost at a site to be approved by the Implementing Entity (e.g., within an HCP/NCCP Preserve or existing open space linked to HCP/NCCP preserves), according to the requirements listed below.

The following requirements shall be met for all planting options:
 Tree survival shall be monitored at least annually for 5 years, then every

other year until year 12. All trees lost during the first 5 years will be replaced. Success will be reached at the end of 12 years if at least 5 trees per tree lost survive without supplemental irrigation or protection from herbivory. Trees must also survive for at least three years without irrigation.  Irrigation and fencing to protect from deer and other herbivores may be needed for the first several years to ensure maximum tree survival.  Native trees suitable for this site should be planted. When site conditions permit, a variety of native trees will be planted for each tree lost to provide trees with different growth rates, maturation, and life span, and to provide a variety of tree canopy structures for Swainson’s hawk. This variety will help to ensure that nest trees will be available in the short term (5‐10 years for cottonwoods and willows) and in the long term (e.g., Valley oak, sycamore). This will also minimize the temporal loss of nest trees.  Riparian woodland restoration conducted as a result of covered activities (i.e., loss of riparian woodland) can be used to offset the nest tree planting requirement above, if the nest trees are riparian species.  Whenever feasible and when site conditions permit, trees should be planted in clumps together or with existing trees to provide larger areas of suitable nesting habitat and to create a natural buffer between nest trees and adjacent development (if plantings occur on the development site).  Whenever feasible, plantings on the site should occur closest to suitable foraging habitat outside the UDA.

Trees planted in the HCP/NCCP preserves or other approved offsite location will occur within the known range of Swainson’s hawk in the inventory area and as close as possible to high‐quality foraging habitat.

Mitigation Measure CL‐1: Prior to grading permit issuance, the developer shall submit plans to the Community Development Department for review and approval which indicate (via notation on the improvement plans) that if historic and/or cultural resources are encountered during site grading or other site work, all such work shall be halted immediately within the area of discovery and the developer shall immediately notify the Community Development Department of the discovery. In such case, the developer shall be required, at their own expense, to retain the services of a qualified archaeologist for the purpose of recording, protecting, or curating the discovery as appropriate. The archaeologist shall be required to submit to the Community Development Department for review and approval a report of the findings and method of curation or protection of the resources. Further grading or site work within the area of discovery would not be

allowed until the preceding work has occurred.

Mitigation Measure CL‐2: Pursuant to State Health and Safety Code §7050.5 (c) State Public Resources Code §5097.98, if human bone or bone of unknown origin is found during construction, all work shall stop in the vicinity of the find and the Contra Costa County Coroner shall be contacted immediately. If the remains are determined to be Native American, the coroner shall notify the Native American Heritage Commission who shall notify the person believed to be the most likely descendant. The most likely descendant shall work with the contractor to develop a program for re‐internment of the human remains and any associated artifacts.

Additional work is not to take place within the immediate vicinity of the find until the identified appropriate actions have been implemented.

Mitigation Measure GEO‐1: All project buildings shall be designed in conformance with the current edition of the California Building Code (CBC).

Mitigation Measure GEO‐2: All grading and foundation plans for the development shall be designed by a Civil and Structural Engineer and reviewed and approved by the Director of Public Works/City Engineer, Chief Building Official, and a qualified Geotechnical Engineer prior to issuance of grading and building permits to ensure that all geotechnical recommendations specified in the geotechnical report are properly incorporated and utilized in the project design.

Mitigation Measure GEO‐3: Prior to grading permit issuance, the Permittee shall submit a final geotechnical evaluation of the project site that analyzes soil stability including soil expansion, and the potential for lateral spreading, subsidence, liquefaction or collapse. The report shall identify any on site soil and seismic hazards and provide design recommendations for onsite soil and seismic conditions. The geotechnical evaluation shall be reviewed and approved by the Director of Public Works/City Engineer, Chief Building Official, and a qualified Geotechnical Engineer to ensure that all geotechnical recommendations specified in the geotechnical report are properly incorporated and utilized in the project design.

Mitigation Measure GEO‐4: Prior to grading permit issuance, the Permittee shall submit a final grading plan to the Director of Public Works/City Engineer for review and approval. If the grading plan differs significantly from the proposed grading illustrated on the approved project plans, plans that are consistent with the new revised grading plan shall be provided for review and approval by the Director of Public Works/City Engineer.

Mitigation Measure GEO‐5: Any Permittee for a grading permit shall submit an erosion control plan to the Director of Public Works/City Engineer for review and approval. The

plan shall identify protective measures to be taken during construction, supplemental measures to be taken during the rainy season, the sequenced timing of grading and construction, and subsequent revegetation and landscaping work to ensure water quality in creeks and tributaries in the General Plan Area is not degraded from its present level. All protective measures shall be shown on the grading plans and specify the entity responsible for completing and/or monitoring the measure and include the circumstances and/or timing for implementation.

Mitigation Measure GEO‐6: Grading, soil disturbance, or compaction shall not occur during periods of rain or on ground that contains freestanding water. Soil that has been soaked and wetted by rain or any other cause shall not be compacted until completely drained and until the moisture content is within the limit approved by a Soils Engineer. Approval by a Soils Engineer shall be obtained prior to the continuance of grading operations. Confirmation of this approval shall be provided to the Public Works Department prior to commencement of grading.

Mitigation Measure HAZ‐1: Prior to initiation of any ground disturbance activities, evenly distributed soil samples shall be conducted throughout the proposed project property for analysis of pesticides and heavy metals. The samples shall be submitted for laboratory analysis of pesticides and heavy metals per DTSC and EPA protocols. The results of the soil sampling shall be submitted to the City of Brentwood. If elevated levels of pesticides or heavy metals are detected during the laboratory analysis of the soils, a soil cleanup and remediation plan shall be prepared and implemented prior to the commencement of grading activities.

Mitigation Measure HYD‐1: Prior to issuance of grading permits, the contractor shall prepare a Storm Water Pollution Prevention Plan (SWPPP). The Developer shall file the Notice of Intent (NOI) and associated fee to the SWRCB. The SWPPP shall serve as the framework for identification, assignment, and implementation of BMPs. The contractor shall implement BMPs to reduce pollutants in stormwater discharges to the maximum extent practicable. The SWPPP shall be submitted to the Director of Public Works/City Engineer for review and approval and shall remain on the project site during all phases of construction. Following implementation of the SWPPP, the contractor shall subsequently demonstrate the SWPPP’s effectiveness and provide for necessary and appropriate revisions, modifications, and improvements to reduce pollutants in stormwater discharges to the maximum extent practicable.

Mitigation Measure HYD‐2: Prior to the completion of construction, the Permittee shall prepare and submit, for the City’s review, an acceptable Stormwater Control Operation and Maintenance Plan. In addition, prior to the permanent occupancy of the site, the Permittee shall be responsible for executing

a Stormwater Management Facilities Operation and Maintenance Agreement and Right of Entry in the form provided by the City of Brentwood. The Permittee shall accept the responsibility for maintenance of stormwater management facilities until such responsibility is transferred to another entity.

The Permittee shall submit, with the application of building permits, a draft Stormwater Facilities and Maintenance Plan, including detailed maintenance requirements and a maintenance schedule for the review and approval by the Director of Public Works/City Engineer. Typical routine maintenance consists of the following:
 Limit the use of fertilizers and/or pesticides. Mosquito larvicides shall be applied only when absolutely necessary.
 Replace and amend plants and soils as necessary to insure the planters are effective and attractive. Plants must remain healthy and trimmed if overgrown. Soils must be maintained to efficiently filter the storm water.  Visually inspect for ponding water to ensure that filtration is occurring.  After all major storm events remove bubble‐up risers for obstructions and replace if necessary.
 Continue general landscape maintenance, including pruning and cleanup throughout the year.
 Excavate, clean and or replace filter media (sand, gravel, topsoil) to insure adequate infiltration rate (annually or as needed).

Mitigation Measure HYD‐3: Design of all on‐site and/or downstream drainage facilities shall meet with the approval of both the Director of Public Works/City Engineer and the Contra Costa County Flood Control and Water Conservation District prior to the issuance of grading permits.

Mitigation Measure HYD‐4: Contra Costa County Flood Control and Water Conservation District drainage fees for the Drainage Area shall be paid prior to issuance of grading permits to the satisfaction of the City Engineer.

Mitigation Measure HYD‐5: The Permittee/Developer shall ensure that the project site shall drain into a street, public drain, or approved private drain, in such a manner that un‐drained depressions shall not occur. Satisfaction of this measure shall be subject to the approval of the City Engineer.

Mitigation Measure HYD‐6: The improvement plans shall indicate concentrated drainage flows not crossing sidewalks or roadways for the review and approval of the City Engineer prior to the issuance of grading permits.

CITY COUNCIL RESOLUTION NO. 23-

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
BRENTWOOD APPROVING A DESIGN REVIEW (DR 22-011) FOR A

NEW LAZY DOG RESTAURANT AND RELATED SITE IMPROVEMENTS,

INCLUDING AN EXTENSION TO A PUBLIC TRAIL, LOCATED ON THE SOUTH EAST CORNER OF SAND CREEK RD. AND THE HIGHWAY 4
NORTH-BOUND OFF RAMP (APN 019-110-074) AND ON A PORTION

OF CONTRA COSTA WATER DISTRICT (CCWD) OWNED PARCEL (APN 019-110-023).

WHEREAS, Robert A. Karn & Associates, Inc. (“Permittee”), has requested that the City approve a design review application for a new approximately 9,089 square foot restaurant, 1,508 square foot outdoor patio, a 764 square foot waiting area, a portion of a public trail, and associated site improvements on a 2.78-acre parcel located on the south east corner of Sand Creek Road and the Highway 4 north-bound off ramp (APN 019-110-074) and on a portion of CCWD owned parcel (APN 019-110-023); and
WHEREAS, the Permittee concurrently submitted a request for a Minor Subdivision (MS354-22) to subdivide a 5.29-acre parcel into two parcels of 2.78 and 2.51 acres in size, respectively; and
WHEREAS, collectively, MS 354-22 and DR22-011 constitute the “Project”; and
WHEREAS, the City referred the Project to various departments and agencies for review and recommendations; and
WHEREAS, in 2017 the City adopted a Mitigated Negative Declaration and corresponding mitigation measures, attached hereto as Exhibit “B,” which covers projects that fall below the maximum contemplated development of the site, which is 103,890 square feet of commercial space and 520 parking spaces, which is based on the maximum Floor Area Ratio (FAR), 0.45, as provided in Table 2.0.2 of the City of Brentwood General Plan Environmental Impact Report (EIR); and WHEREAS, the City distributed a Notice of public hearing to all property owners within 300 feet of the Project Site and published it in the Brentwood Press on August 4, 2023, in accordance with City policies and Government Code Section 65090, and a public hearing notice sign was posted on the site during this same timeframe; and
WHEREAS, the Planning Commission of the City of Brentwood considered this design review application at its regular meeting of August 15, 2023, and considered the staff report, all accompanying information, and testimony received from the Permittee and other interested parties; and

2 WHEREAS, on August 15, 2023, the Planning Commission held a public hearing and approved MS 354-22 and DR 22-011 via Planning Commission Resolutions No. 23-013 and No. 23-014, respectively; and WHEREAS, on August 17, 2023, City Council member Jovita Mendoza timely filed a call for review of the Planning Commission’s action approving MS 35-22 and DR 22-011; and
WHEREAS, the City Distributed a Notice of Public Hearing to all property owners of record within 300 feet of the Project Site and published it in the Brentwood Press on September 15, 2023, in accordance with City policies and Government Code Section 65090, and a public hearing notice sign was posted on the site during this same timeframe; and
WHEREAS, the City Council considered the call for review of the Project at its regular meeting of September 26, 2023, 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:

1. Hereby finds that:

A. The California Environmental Quality Act (Public Resources Code §§ 21000, et. seq., hereafter “CEQA”) requires analysis of agency approvals of discretionary “projects.” A “project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” The proposed Design Review application is a project under CEQA. However, on December 12, 2017, the City Council of the City of Brentwood adopted Resolution 17-163, adopting a Mitigated Negative Declaration for the subject site which contemplated buildout of the site based on the maximum Floor Area Ratio (FAR), 0.45, as provided in Table 2.0.2 of the City of Brentwood General Plan Environmental Impact Report (EIR).

Based on the size of the project site and the maximum FAR, the site could be developed with a maximum of 103,890 square feet of commercial space and a maximum of 520 parking spaces. The proposed subdivision and development falls below the maximum capacity that was contemplated and therefore no further environmental review would be required provided that the applicant abides by all Mitigation Measures identified in Exhibit “B”.

2. With respect to the Design Review findings under Section 17.820.007 of the Brentwood Municipal Code:

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

3 The proposed development creates a well-composed urban design, harmoniously related to the other facilities in the immediate area and to the total setting as seen from key vantage points in the community. The proposed design includes a variety of materials that are seen in nearby buildings at The Streets of Brentwood, directly across the street.

B. Elements of design which have significant relationship to the exterior appearance of structures and facilities have been given special consideration; these elements include but are not limited to building height, arrangement on the site, texture, lighting, material, color, signs, landscaping, size, bulk and scale, and appurtenances.

The project’s proposed design is rustic, incorporating a Rocky Mountain design inspiration. The building features a variety of materials carried around all four sides of the building, which include stone veneer, stucco siding, glass storefront, and Douglas Fir wood for the siding, fascia, and exterior trellis; design elements complementary to those used elsewhere nearby. The primary focal-point is the main entry, which features a punctuated 31 foot tower element oriented towards the Sand Creek Road frontage. The outdoor patio will be dog-friendly, a popular feature for restaurant guests in other Lazy Dog Restaurants. The patio is open on all sides and includes a standing metal seam roof. The proposed colors of reds, browns, and navy accents creates a warm exterior also complements the overall shopping center.

C. The proposed development is of a quality and character appropriate to, and serving to protect the value of, private and public investments in the immediate area in that the proposed infill commercial building complements and supports the variety of existing uses in the context of the surrounding area.

The proposed project will improve the quality, character, and value in the immediate area, as the project will develop a currently vacant property with a use that is in conformance with the General Plan land use designation of Regional Commercial. The proposed use also meets all land use, setback, and height limitations set forth in the Brentwood Municipal Code, as demonstrated in finding 2.D below. The proposed commercial building will support and promote the economic goal of attracting and encouraging retail, restaurant, and employment opportunities within the City of Brentwood, which is consistent with the goals and policies of the General Plan.

D. 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.

4 While there is no specific plan governing the area, the project site is within the Planned Development No. 6 (PD-6) zoning district. The proposed restaurant establishment adheres to the intent of the planned development in that it is proposed within Planning Area 3, which is intended for the development of a variety of Regional Commercial uses, including (but not limited to) restaurants, general and convenience retail, movie theaters, financial institutions, and office use. The proposed development meets all applicable zoning development standards as summaized in the table below:

PD-6, Planning Area 3, Development Standards
Requirement Proposed Compliance
Minimum lot size 5,000 sf 2.78 acres Complies
Maximum Building height 50 feet 31 feet Complies
Maximum Story 3 stories 1 Story Complies
Minimum lot width No minimum ~ 474 feet Complies
Minimum lot depth No minimum ~ 279 feet Complies
Minimum front yard None 29 feet Complies
Minimum side yard 10 feet 10 feet Complies
Minimum rear yard 6 feet ~ 139 feet Complies
Off-Street Parking
Total parking spaces
1 space/ 100 sq. ft.
105 spaces 171 spaces Complies
- Minimum full size parking
spaces (9’x20’)
118 139 Complies
- Maximum amount of
compact spaces (8’x16’)
53 29 Complies
- Minimum accessible
spaces
5 6 Complies
Bicycle parking: 5% of total
vehicle parking provided
8 10 Complies
E. The proposed development shall conform to all requirements for landscaping, screening, parking, usable open space and off-street loading as set forth in this title.

The Project, as designed and conditioned, incorporates all required landscape areas along the Project boundaries and between rows of parking. Furthermore, the parking spaces provided for the project exceeds the parking requirements as required by the Brentwood Municipal Code (171 provided, versus 105 required). Finally, off-street loading requirements are met with the provision of regular parking spaces

5 adjacent to commercial retail building, as this structure is less than 10,000 square feet in area.

F. The siting and internal arrangement of all structures and other facilities on the site, including the uses, internal circulation, off-street parking, lighting, and access to and from public rights-of-way, as conditioned, are conducive to an orderly, attractive, efficient, and harmonious development.

The siting and internal arrangement of the structure and circulation, parking and loading, lighting, access, landscape, hardscape, signing, and utility facilities on the site are conducive to an orderly, attractive, efficient, and harmonious development insomuch as the building is set adjacent to the Sand Creek Road frontage, and is designed in such a way as to provide an attractive and interesting street scene. The building is designed to reduce massing and introduce development on a scale that is appropriate to surrounding uses, hardscape and landscaping is employed to provide an attractive development. Additionally, as designed, the Project will not have any adverse environmental effect on adjacent developments, existing or potential, by reason of conflicts in land use in that the proposed development adheres to the established General Plan land use designation of Regional Commercial and the permitted uses authorized by PD-6 zoning district. Conflicts relating to topography are avoided, given the flat topography of both the subject site, as well as adjacent properties.

G. 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.

The proposed improvements, as conditioned, incorporate certain elements identified in the City’s Commercial and Industrial Design Guidelines. Site planning guidelines on this lot are addressed by creating an interesting street edge and varied building planes, positioning the parking so that it is minimized along the major street frontage, creating an attractive street edge that provides visual continuity along street frontages throughout the site, providing pedestrian connections between the street frontages and the entrances to the building, minimizing the visual prominence of service access areas, and providing secure bicycle storage adjacent to the building. Landscape design also plays heavily into the Guidelines, in that substantial areas for landscaping along building facades facing both Sand Creek Road and the out-lot parking lot area are provided, the parking lot is proposed to be broken up with frequent landscape islands, and an attractive street edge is created with regularly-spaced shade and ornamental trees to filter views of the site.

The design of the building also addresses elements of the Design Guidelines in that it includes awnings along the building frontages and over the storefront systems; the design elements provide continuity between the various facades of the building; the building entry is emphasized by

6 roof elements; vertical tower features provide visual variety; horizontal and vertical wall plane changes break up the mass of the building; and durable finish materials are employed in the form of wood siding, stucco, stone veneer, Douglas Fir window trim and trellis, and standing seam metal roofing material. Finally, the building conditioned so as to screen all rooftop equipment from view.

H. All applicable regulations of the zoning ordinance and other city ordinances, policies or resolutions.

The proposed development is consistent with all applicable regulations of the zoning ordinance, as set forth above, and other City ordinances, policies or resolutions. The project is conditioned to meet all applicable Building, Engineering, and Public Works codes and regulations.

3. Hereby approves Design Review No. 22-011, subject to the conditions of approval listed in Exhibit “A,” attached hereto and made a part of this resolution, and the mitigation measures listed in Exhibit “B,” attached hereto and made a part of this resolution, and all City standards applicable to this project.

4. The Planning Commission shall have jurisdiction to hear any modifications to Design Review No. 22-011.

5. The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at 150 City Park Way in Brentwood, California. Planning Manager Erik Nolthenius is the custodian of records for the record of proceedings.

This permit shall terminate on September 26, 2024, unless actual construction or alteration under valid permits has begun and is diligently pursued within said period. However, such period of time may be extended by the Planning Commission upon application filed at any time before said period has expired.

7 ADOPTED by the City Council of the City of Brentwood at its regular meeting of September 26, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED
Joel R. Bryant
Mayor
ATTEST:

Margaret Wimberly, MMC
City Clerk

8 EXHIBIT “A” TO
CITY COUNCIL RESOLUTION NO.

DR 22-011 – DESIGN REVIEW APPROVAL FOR LAZY DOG RESTAURANT

CONDITIONS OF APPROVAL

1. The developer and all successors in interest (collectively, “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.

2. The project shall be built substantially in conformance with the project plans drawn by Lazy Dog restaurants, dated “Received March 27, 2023” unless otherwise amended by the conditions of approval contained herein.

3. The project shall be built substantially in conformance with the site, grading and landscape plans drawn by RW Stover & Associates, Inc. associates dated March 15, 2023, unless otherwise amended by the conditions of approval contained herein.

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.

5. The building construction drawings shall be submitted for the review and approval by the Community Development Director prior to building permit issuance and shall be designed so that illuminated signs can be installed on the building fascia without the use of external raceways.

6. Any significant alteration from the design review drawings prepared by Lazy Dog Restaurant, dated “Received March 27, 2023,” as determined by the Community Development Director, except as conditioned herein, shall be approved by the Planning Commission prior to building permit issuance.

7. Any significant alteration of the building colors or materials from the approved color and materials board, as determined by the Community Development Director, shall be approved by the Planning Commission prior to building permit issuance.

8. The building construction drawings shall indicate that the top of all rooftop equipment is below the height of the parapet to the satisfaction of the Community Development Director prior to building permit issuance. No rooftop equipment shall extend above the roofline on the building.

9. The building construction drawings shall reflect that all roof drainage downspouts and scuppers be interior to the building. All roof drainage shall be designed to be contained within the building walls so as to not be visible from any vantage point to the satisfaction of the Community Development Director prior to building permit issuance.

9 10. The landscaping plans shall depict landscaping on the western elevation of the trash enclosure. This landscaping shall be comparable to that proposed on the eastern elevation of the trash enclosure to the satisfaction of the Community Development Director.

11. Building construction drawings shall depict all windows having details as depicted in the architectural plan submitted to the City as part of the original submittal package and date-stamped “Received October 10, 2022.”

12. Building construction drawings shall reflect that the parapet wall be at least six inches taller than the maximum height of the rooftop equipment.

13. Building construction drawings shall reflect that the projecting stone accent wall on the southeast elevation be at least two feet, 6 inches, taller than the top of the parapet wall and that the entry tower be at least eleven feet taller than the parapet wall.

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 adoption of DR 22-011, 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.

15. The Permittee shall maintain the area surrounding the development, including but not limited to, the building and the walkways surrounding the building in a clean and orderly manner at all times to the satisfaction of the Community Development Director.

16. All on site improvements except final lift of pavement must be constructed prior to the issuance of any building permit. The improvements include but not limited to pavement, conduit, sidewalk, utilities, to the satisfaction of the Director of Public Works/City Engineer.

17. Plans for any external building-mounted light fixtures shall 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 cutoff classification and cut-sheets allowing verification of the classification must

10 be submitted for all portions of the driveways and parking areas shall be illuminated between 1-7 foot-candles.

18. All applicable mitigation measures included in the Mitigated Negative Declaration approved on December 12, 2017, set forth in Exhibit B attached hereto, shall be adhered to and completed in conjunction with the proposed development.

19. All tree types and plant materials shown on the landscape plans that are submitted for plan check must be chosen from the plant palette previously approved by the Planning Commission in approval of The Streets of Brentwood project. Further, the landscape plans must include all water use calculations necessary to determine compliance with the City’s Water Efficient Landscape Ordinance and any further regulations enacted by the State of California prior to landscape plan approval.

20. Permittee shall in good faith work with the City, CCWD, and any other interest holders, to gain approvals for the construction of a trail, irrigation and landscaping (greenbelt parkway) over the CCWD right of way along the project’s east frontage. Provided such approval can be obtained, Permittee shall design and construct such greenbelt parkway to the satisfaction of the Director of Parks and Recreation and CCWD prior to issuance of a building or grading permit. The City shall in good faith work with CCWD to coordinate the necessary joint use and maintenance agreements. The East Bypass Trail (formerly the CCWD Trail) is identified in the City of Brentwood Parks, Trails and Recreation Master Plan Update adopted February 26, 2019, and as such, a portion of the cost of these improvements may be fee creditable per the City’s Development Fee Program. Provided such greenbelt parkway is constructed by Permittee, the maintenance cost of these improvements shall be included into the Lighting and Landscape Assessment District for this development.

21. Permittee shall install a pet waste station adjacent to the proposed trail to the satisfaction of the Director of Parks and Recreation.

22. The Permittee and all project plans and maps shall comply with Brentwood Municipal Code Title 8 “Health and Safety,” Title 9 “Public Peace and Welfare,” Title 12 “Streets, Sidewalks and Public Places,” Title 13 “Sewers,” Title 14 “Water,” Title 15 “Building and Construction,” and Title 16 “Subdivision and Land Development.” In particular:
a. Solid waste service shall comply with Brentwood Municipal Code Chapter

8.16 “Solid Waste.”
b. Construction and demolition work shall comply with Brentwood Municipal Code Chapter 8.40 “Construction and Demolition Debris Recycling.” c. The Permittee shall comply with Brentwood Municipal Code Chapter 9.32 “Noise Regulations.”

11 d. The Permittee shall comply with the encroachment permit requirements pursuant to Brentwood Municipal Code Chapter 12.08 “Street Encroachments.”
e. Sewer backflow prevention, interceptors, and other health and safety requirements shall be incorporated into the project pursuant to Brentwood Municipal Code Chapter 13.04 “Sewer System – Rules and Regulations.” f. Brine-discharging self-regenerating water softener systems are prohibited pursuant to Brentwood Municipal Code Section 13.04.022.B. g. Recycled water services shall comply with Brentwood Municipal Code Chapter 13.06 “Recycled Water Regulations.”
h. Water service shall comply with Brentwood Municipal Code Chapters

14.01 “Municipal Water System” and Chapter 14.10 “Cross-Connection Control.”
i. Contractors requiring construction water shall obtain a temporary water permit and shall only take water metered at a location specified by the City Engineer pursuant to Brentwood Municipal Code Section 14.01.340 “Contractors.”
j. The Permittee shall comply with the Federal Clean Water Act, the Municipal Regional NPDES Permit, and Brentwood Municipal Code Chapter

14.20 “Stormwater Management and Discharge Control.”
k. Adequate fire access and aerial apparatus access shall comply with the requirements of the Fire District and Brentwood Municipal Code Chapter

15.06 “Fire Code.”
l. Special flood hazard areas shall comply with the requirements of Brentwood Municipal Code Chapter 15.07 “Flood Plain Management.” m. Grading shall comply with Brentwood Municipal Code Chapter 15.52 “Grading, Erosion and Sediment Control.”
n. All grading and noise generating activities shall be limited to the days and hours defined in Brentwood Municipal Code Section 15.52.060 “Grading Regulations.”
o. The Permittee and Permittee shall indemnify the City pursuant to Brentwood Municipal Code Section 15.52.160 “City Held Harmless.” p. The Permittee shall obtain all required permits including, but are not limited to: buildings; sewer connections; encroachment; grading; use; business license; water connection; Army Corps of Engineers; Contra

12 Costa County Flood Control; California Department of Fish and Wildlife pursuant to Brentwood Municipal Code Section 16.120.050 “Procedures.” q. All storm drain, sewer, water and street systems shall be designed and sized to accommodate such additional flows, volumes or loads as may be contributed by the most intensive developed land use of the lands adjacent to or beyond the limits of the Project pursuant to Brentwood Municipal Code Section 16.120.080.
r. All public frontage facilities shall be constructed and any existing deficiencies shall be corrected. This includes both required on- and offsite public facilities and any deficiencies on-site, abutting the parcel or parcels involved or required off-site to provide service to the proposed Project or for the continued safety, health and well-being of the public upon completion of the Project pursuant to Brentwood Municipal Code Section 16.120.090 “Public Facilities Installation.”
s. Utilities shall be installed underground pursuant to Brentwood Municipal Code Section 16.120.120 “Undergrounding – Electric, Communication, Street Lighting and Advanced Technology Systems.”
t. If applicable, the Permittee shall make all land dedications pursuant to Brentwood Municipal Code Sections 16.140 and 16.150.

23. Concurrently with the issuance of an encroachment permit or approval of Improvement Plans, the following conditions shall apply:
a. The Permittee shall design and construct all improvements in conformance with the latest Infrastructure Master Plans (i.e. Sewer, Water, etc.) and as directed by the City Engineer.
b. The Permittee shall design and construct all utilities, including, but not limited to, meters, hydrants, poles, signs, clean-outs, boxes, etc. to be located clear of all sidewalks and driveways or as determined by the City Engineer.
c. The Permittee shall design and construct all utilities with seismic considerations to the satisfaction of the City Engineer. d. The Permittee shall submit a colored Composite Site Exhibit showing the location of all existing and proposed utilities, utility boxes, landscaping, monuments, street improvements, lights, signs, driveways, house envelopes, fencing, walls, easements, property lines, and other improvements as required at a sufficient scale to allow a comprehensive review of proposed improvements.

13 e. The Permittee shall design and construct all gravity utilities (i.e. storm drain and sewer) to always commence at the downstream connection and proceed to the upstream terminus.
f. The Permittee shall design and construct all gravity utilities (i.e. storm drain, sewer, and bioretention areas) to positively and completely drain by gravity without relying on any electro-mechanical or bubble-up means (i.e. pumps, lift stations, siphons, bubble-up inlets or pipes) to the satisfaction of the City Engineer.
g. The Permittee shall design and construct cathodic protection measures for all buried metallic infrastructure pursuant to City Standards or as approved by the City Engineer.
h. The Permittee shall design and construct all existing and proposed storm drain inlets with “No Dumping – Drains to Creek” thermoplastic stencils to the satisfaction of the City Engineer.
i. The Permittee shall design and construct stormwater control systems to meet the Municipal Regional NPDES Permit requirements, the latest Contra Costa County Cleanwater Program Guidebook, and to the satisfaction of the City Engineer.
j. The Permittee shall obtain approval from the City Engineer on the Project Operation and Maintenance Manual for all stormwater control systems.

Said Manual shall comply with all applicable Municipal Regional NPDES Permit requirements including, but not limited to, maintenance, sediment removal, weed and trash abatement, and use of chemicals. All stormwater control facilities shall be located entirely within private property.
k. The Permittee shall design and construct all landscaping with adequate root barriers to protect all City facilities, including but not limited to sidewalks, utilities, meters, ramps, and driveways. In addition, root barriers and other mitigation measure shall be incorporated into the design to minimize impacts from nearby existing trees.
l. The Permittee shall have a licensed Land Surveyor locate all existing survey monuments on or adjacent to the project, and show said monuments as protected on all construction plans. The Permittee shall cause the proper replacement and recordation of any damaged survey monuments.
m. The Permittee shall provide a Traffic Control Plan in conformance with the latest edition of the Manual of Uniform Traffic Control Devices issued by Caltrans and as required by the City Engineer.

14 n. The Permittee shall design and construct the Project with adequate sight distance pursuant to City and Caltrans design requirements. All landscape areas required to have restrictions to comply with sight distance requirements shall be shown on applicable Plans. o. The Permittee shall design and construct all required solid waste facilities, including access to/from and design of enclosures, in accordance to the review of the Solid Waste Division and approval of the City Engineer.
p. The Permittee shall design and construct all traffic improvements, including but not limited to signage, striping, and pavement markings along frontage roads and alleys to the satisfaction of the City Engineer.

24. Prior to issuance of a grading permit or approval of any grading and/or demolition work, the following conditions shall apply:
a. Permittee shall secure approval for grading and on-site improvements within third-party easements and on Contra Costa Water District (CCWD) property from respective easement holders and CCWD
b. Pursuant to Brentwood Municipal Code 8.40.030, the Permittee shall prepare a Waste Management Plan subject to approval of the City Engineer.
c. Pursuant to Brentwood Municipal Code 15.070.320, the project plans shall identify any special flood hazard area and the elevation of the base flood. d. Pursuant to Brentwood Municipal Code 16.120.080.C, the Permittee shall provide approved hydrology and hydraulic calculations signed by a licensed engineer demonstrating that the Project will adequately collect and convey all runoff within the Project, as well as the entire developed watershed upstream and/or from upstream neighboring properties. e. The Permittee shall be responsible for mitigating the upstream drainage from adjoining properties to the satisfaction of the City Engineer. f. The height and location of all existing and proposed retaining walls shall be shown on the Grading Plans. Retaining walls over three feet in height shall be structurally engineered, and shall require separate building permits. All retaining walls shall include adequate subdrains to the satisfaction of the City Engineer.
g. The Permittee shall demonstrate with plans, analysis, or other documentation signed and stamped by a licensed Civil Engineer that there is adequate overland drainage release to an adequate public drainage facility to the satisfaction of the City Engineer. The Permittee shall acquire drainage easements, if necessary.

15 h. Plans shall include a sufficient number of cross-sections adjacent to neighboring properties showing the proximity of existing neighboring improvements and proposed grading and building foundations to the satisfaction of the City Engineer.
i. Plans shall clearly identify the location, species and size of those trees to be removed and those trees to be protected. The Permittee shall consult with the City Parks Department regarding removal or protection of trees. j. The Permittee shall provide evidence of notification of proposed construction work to neighboring properties to the satisfaction of the City Engineer
k. The Permittee shall submit a soils report with testing results for contaminants to the City Engineer and Contra Costa County Department of Environmental Health (“CCCDEH”). The Plans shall include all recommendations from CCCDEH and City prior to approval. l. To the extent permitted by law, non-potable water shall be used for dust control measures.

25. Prior to issuance of any Building Permits, the following conditions shall apply:
a. All onsite and offsite improvements shall be substantially constructed prior to the issuance of any building permit and to the satisfaction of the City Engineer.
b. The Permittee shall provide an approval signed and sealed by a geotechnical or structural engineer of the location, nature and proximity of stormwater features near or adjacent to buildings as determined by the City Engineer. Locations and design of any mitigating structural design feature (i.e. foundations and retaining walls) shall be shown on the appropriate construction plans.
c. The Permittee shall pay all Development Impact Fees pursuant to, or otherwise comply with the latest City of Brentwood Development Impact Fee Program.
d. The Permittee shall provide documents signed by a licensed engineer on building pad elevation, compaction, and appropriate remediation from unsuitable soils.
e. The Permittee shall demonstrate that all acoustic mitigations have been incorporated into applicable plans.
f. The Project site shall be annexed into the most current City Community Facilities District and street lighting and landscape maintenance district (if

16 applicable), or provide and execute an alternative funding mechanism acceptable to the City for the maintenance of City improvements. g. The project shall annex into the most current Emergency Medical and Fire Protection Services Community Facilities District as required by the Contra Costa County Fire Protection District.

26. Prior to issuance of a Building Permit, the applicant shall pay all Contra Costa County Fire Protection District impact fees.

27. Access roadways of less than 28-feet unobstructed width shall have signs posted or curbs painted red with the words: “No Parking – Fire Lane” clearly marked.

28. Access roadways of 28 feet or greater, but less than 36 feet unobstructed width shall have “No Parking – Fire Lanes” signs posted, allowing for parking on one side only or curbs painted red with the words “No Parking – Fire Lance” clearly marked.

29. The Permittee shall provide an adequate and reliable water supply for fire protection as set fount in the California Fire Code.

30. The Permittee shall obtain from the Contra Costa Fire Protection District a land development permit prior to submitting building construction plans to the City.

31. The Permittee shall submit to the Contra Costa Fire Protection District a minimum of two copies of full size, scaled site improvement plans indicating:
a) All existing or proposed hydrant locations
b) Fire apparatus access to include slope and road surface c) Aerial fire apparatus access
d) Elevations of building
e) Size of building and type of construction
f) Gates, fences, retaining walls, bio-retention basins, any obstructions to access
g) Detail showing the lowest level of fire department vehicle access and the floor level of the highest occupied floor
h) Striping and signage plan to include “No parking – Fire Lane” markings i) Provide drawings for paths from the public way to under emergency escape and rescue opening showing a proposed clear path and clear space under these opening that allow for the placement of ground ladders at a climbing angle of 70- 75 degrees and a minimum of 18” clearance from the base of the ladder to any obstruction for review and approval prior to obtaining a building permit

17 32. Emergency apparatus access roadways and hydrants shall be installed, in service, and inspected by the Fire District prior to construction or combustible storage on site.

A temporary aggregate base or asphalt grindings roadway is not considered an all-weather surface for emergency apparatus access. The first lift of asphalt concrete paving shall be installed as the minimum roadway material and must be engineered to support the designated gross vehicle weight of 22 / 37 tons.

33. The building as proposed shall be protected with an approved automatic fire sprinkler system complying with the 2016 edition of NFPA. Submit a minimum of two sets of plans to the Contra Costa Fire Protection District for review and approval prior to installation.

34. Flammable or combustible liquid storage tanks shall not be located on the site without obtaining approval and necessary permits for the Fire District.

35. The Permittee shall cut down and remove all weeds, grass, vines, or other growth that is capable of being ignited and endangering property.

36. The Permittee shall submit landscape plans that depict trees and vegetation having a root structure that is no greater than 2.5 feet within any portion of the CCWD owned property.

37. The Permittee shall submit a minimum of two complete sets of building construction plans and specifications for the subject project to the Fire District. After the new construction/tenant improvement plans are approved, plans and specifications for all necessary deferred submittals shall be submitted, including, but not limited to the following:
a. Private underground fire service water mains
b. Fire sprinklers
c. Fire alarm
d. Fire pump if required
e. Emergency generator if required
f. Photovoltaic
g. Carbon dioxide systems
h. Commercial kitchen hood extinguishing systems
i. Emergency responder radio coverage systems (ERRCS)
Plans shall be submitted to the Fire District for review and approval prior to construction of the building or installation of the systems to ensure compliance with minimum requirements related to fire and life safety. Plan review and inspection fees shall be submitted at the time of plan review submittal.

PLANNING COMMISSION AGENDA ITEM NO. E.1
08/15/2023
SUBJECT: Planning Commission Staff Report.docx
DEPARTMENT: Community Development Department
STAFF: Erik Nolthenius, Planning Manager
Miguel Contreras, Associate Planner

TITLE/RECOMMENDATION
An application for a tentative parcel map to subdivide a 5.29-acre parcel (MS 354- 22) and a design review (DR 22-011) for a new sit-down restaurant known as Lazy Dog, with related site improvements, located on the south side of Sand Creek Road and the east side of State Route 4 (APN 019-110-074 and a portion of CCWD owned parcel APN 019-110-023).

Staff recommends that the Planning Commission adopt Resolution No. 23-013 approving Minor Subdivision No. 354-22 and adopt Resolution No. 23-014 approving Design Review No. 22-011, both subject to certain findings and conditions.

On December 12, 2017, the City Council adopted a City-initiated Mitigated Negative Declaration (MND) (SCH# 2017102022) prepared for the subject site. The Initial Study (IS) for the MND contemplated buildout of the site based on the maximum Floor Area Ratio (FAR) of 0.45, as provided in Table 2.0.2 of the City of Brentwood General Plan Environmental Impact Report (EIR). Based on the size of the project site and the maximum FAR, the site could be developed with a maximum of 103,890 square feet of commercial space and a maximum of 520 parking spaces. The proposed parcel map and development falls below the maximum capacity that was contemplated and therefore no further environmental review would be required.

PREVIOUS ACTION(S)
 On July 22, 2014, the City Council adopted the General Plan Update, part of which included a change to the Land Use Map designation for the project site to Regional Commercial.
 On October 14, 2014, the City Council directed staff to initiate a City-sponsored rezone and environmental review for the PD-6 Zone to establish development standards for a 5.3-acre site owned by the State Route 4 Bypass Authority.  On December 12, 2017, the City Council adopted Resolution No. 2017-163, adopting a Mitigated Negative Declaration in order to rezone the subject 5.3- acre site.
 On January 9, 2018, the City Council adopted Ordinance No. 996 approving a rezone (RZ 16-007) to amend the PD-6 map to include the subject site to the

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existing Planning Area 3 and to apply the established development standards to the 5.3-acre site.

PROJECT DESCRIPTION
The applicant, Robert A. Karn & Associates, Inc., is requesting approval of a tentative parcel map (MS 354-22) to divide the 5.3-acre parcel and a design review (DR 22- 011) for the construction of a new 9,089 square foot Lazy Dog restaurant, with a 1,508 square foot outdoor seating area, a 764 square foot waiting area, the continuation of a public trail, and related site improvements on the northern 2.78 acres and a portion of an abutting Contra Costa Water District-owned parcel. The remaining 2.52 acres are being reserved for future development. The proposed project site is located immediately south of Sand Creek Road, west of the Sand Creek Crossing commercial center, east of State Route 4, and north of San Jose Avenue.

BACKGROUND
The State Route 4 Bypass Authority owns the project site and in 2014 authorized its staff to initiate the process to sell it as surplus property, pursuant to county land disposition laws. The Authority originally acquired the property for the construction of the State Route 4 Bypass project and, more specifically, the interchange at Sand Creek Road. The Authority completed the interchange in 2014 and ended up with a

5.3-acre surplus parcel.

The project site is a triangular-shaped parcel located in the southwest portion of the PD-6 zoning district. Since the subject parcel was intended to be part of the State Route 4/Sand Creek Road interchange right-of-way, it did not include any specific land use designation or zoning. The City remedied part of this in 2014 with the adoption of the General Plan Update, which assigned a land use designation of Regional Commercial to the project site. In 2014, the City Council directed staff to initiate a rezone to establish development regulations for the project site and a corresponding environmental document.

On March 15, 2017, the City entered into an agreement with De Novo Planning Group to prepare an “umbrella” CEQA document for the project site, which would streamline future development of the site with appropriate regional commercial uses without necessitating subsequent CEQA review. On December 12, 2017, the City Council adopted a resolution adopting a Mitigated Negative Declaration. Subsequently, on January 9, 2018, the City Council adopted Ordinance No. 996, which amended the zoning map to add the subject site to Planning Area 3 of the PD-6 zoning district.

DATE OF 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 August 4, 2023. The applicant also posted the project site with the required signage.

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The City has not received any public comments regarding this project.

ENVIRONMENTAL DETERMINATION
As noted above, on December 12, 2017, the City Council adopted a City-initiated Mitigated Negative Declaration (MND) (SCH# 2017102022) prepared for the subject site. The Initial Study (IS) for the MND contemplated buildout of the site based on the maximum Floor Area Ratio (FAR) of 0.45, as provided in Table 2.0.2 of the City of Brentwood General Plan Environmental Impact Report (EIR). Based on the size of the project site and the maximum FAR, the site could be developed with a maximum of 103,890 square feet of commercial space and a maximum of 520 parking spaces. The proposed parcel map and development falls below the maximum capacity that was contemplated and therefore no further environmental review would be required.

With the adoption of the above mentioned MND, the City also adopted 30 Mitigation Measures (attached) that this project and any future development on the subject site will need to comply with. This project is conditioned to comply with and implement all applicable mitigation measures identified in the adopted MND.

GENERAL PLAN
The project site has a General Plan land use designation of Regional Commercial.

This land use designation is intended for large-scale retail stores and services that serve the needs of both the local community, as well as the needs of the region.

Examples include restaurants, bulk retailers, large department stores, supermarkets, hardware stores, and offices. The proposed Lazy Dog restaurant will serve the local community, as well as draw patrons from a larger geographic area due to its proximity to State Route 4. The proposed project is consistent with the General Plan land use designation, goals, and policies. By way of example, the proposed project maintains and enhances the visual quality of Brentwood by promoting the highest standard of architecture and design (General Plan Land Use Goal 6), and the proposed building will support and promote the economic goal of attracting and encouraging retail, restaurant, and employment opportunities within the city of Brentwood (General Plan Land Use Goal 3).

ZONING/SURROUNDING LAND USES
The proposed site is within the Planned Development No. 6 (PD-6) zoning district; a mixed-use zone that covers approximately 265 acres. A number of smaller Planning Areas exist within the zone to allow a mix of residential densities, as well as open space, public facilities, office, and commercial uses. The subject parcel falls within Planning Area 3, which allows for Regional Commercial uses in accordance with the underlying General Plan designation. Within this Planning Area, restaurants are designated as permitted uses, and the project as conditioned meets all applicable commercial development standards, as summarized with the following table:

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PD-6, Planning Area 3, Development Standards
Requirement Proposed Compliance
Minimum lot size 5,000 sf 2.78 acres Complies
Maximum Building height 50 feet 38 feet Complies
Maximum Story 3 stories 1 story Complies
Minimum lot width No min. ~ 474 feet Complies
Minimum lot depth No min. ~ 279 feet Complies
Minimum front yard None 29 feet Complies
Minimum side yard 10 feet 10 feet Complies
Minimum rear yard 6 feet ~139 feet Complies
Off-Street Parking
Total parking spaces
1 space/ 100 sq. ft.
105 spaces 171 spaces Complies
- Minimum full size parking
spaces (9’x20’)
118 139 Complies
- Maximum amount of
compact spaces (8’x16’)
53 29 Complies
- Minimum accessible
spaces
5 6 Complies
Bicycle parking: 5% of total
vehicle parking provided
8 10 Complies
Landscaping
71 parking spaces or more
require 16% of landscaped
lot coverage.
16% 23% Complies
Shade trees at 16 trees /
acre
44 shade
trees
65 shade
trees
Complies

SURROUNDING LAND USES
North: Sand Creek Road and The Streets of Brentwood commercial center East: Contra Costa Water District (CCWD) land and the Sand Creek Crossing commercial center
South: San Jose Avenue and the East Bypass Trail (formerly the CCWD Trail) West: State Route 4

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OWNER/APPLICANT
The State Route 4 Bypass Authority is the property owner and Robert A. Karn & Associates, Inc. is the project applicant.

ANALYSIS

TENTATIVE PARCEL MAP
The minor subdivision proposes to split the 5.3-acre site into two parcels. The northern parcel, where the proposed restaurant would be situated, would be 2.78 acres and have frontage along Sand Creek Road. The southern interior parcel would be 2.52 acres, would not have frontage on a public street, and would remain vacant.

Both parcels are encumbered with a 75-foot wide PG&E tower line easement that essentially parallels the western overall boundary. Any future development of the southern parcel would be considered under a separate design review application. As noted on the above table, both parcels would be in compliance with Planning Area 3 of the PD-6 zoning district’s development standards.

SITE PLAN AND ACCESS
The 9,089 square foot restaurant would be located on the northern portion of the site with a 1,508 square foot outdoor dining area and 764 square foot waiting area fronting Sand Creek Road. The restaurant would be situated in such a way that the parking lot is to the west, south, and east of the building, while the entrance to the

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restaurant is oriented north, towards Sand Creek Road. This building orientation provides a well-defined and architecturally-significant street presence.

Both parcels would be accessed via two driveways along Sand Creek Road. Both driveways would provide only right-in/right-out turning movements given the existing median in Sand Creek Road. It is important to note that, until the westward extension of Sand Creek Road extension is completed, the subject site can only be accessed from eastbound Sand Creek Road. The Sand Creek Road extension is under construction and is anticipated to be completed in Spring 2024. Currently, there is no shared access agreement between the adjacent Sand Creek Crossing commercial center to the east and the project site. Therefore, the project site cannot be accessed through the signalized intersection at The Streets of Brentwood and Sand Creek Crossing. The developer attempted to obtain a shared access agreement with the owner of Sand Creek Crossing but was unable to secure such an agreement. The reason for this is that the San Creek Crossing center has tenants who’s leases prohibit changes to the site plan and vehicle ingress/egress/circulation patterns. As such, they are unable to agree to shared access. Shared access was not contemplated when the Sand Creek Crossing center was approved, in 2001, since the subject site was owned by Caltrans and the land was going to be used for the Sand Creek interchange.

Pedestrian access would be from the existing public sidewalk fronting Sand Creek Road. Internal delineated pedestrian walkways are proposed from the parking areas to provide safe crossing for customers. Separate walkways are proposed along the west, south, and east sides of the building, which tie in with the proposed outdoor seating area located on the north side of the building.

The applicant would also construct and dedicate to the City a continuation of the East Bypass Trail on a portion of the abutting CCWD parcel. CCWD has reviewed and approved the proposed development, which includes eight parking spaces and a drive aisle on its parcel. CCWD has indicated that it is willing to enter into an agreement after the project is approved. A draft condition of approval is included in the attached resolution requiring the applicant to enter into an agreement with CCWD prior to issuance of a building permit. Through this agreement, the City would obtain the surface rights for the trail and the City would then maintain the trail with the Lighting and Landscaping Assessment District (LLAD) funding source.

ARCHITECTURE AND DESIGN
The proposed building design is rustic, incorporating a Rocky Mountain design inspiration that incorporates design approaches as identified in the City’s Commercial and Industrial Design Guidelines. The building features a variety of materials carried around all four elevations, including stone veneer, stucco, aluminum storefront windows, and Douglas fir wood for the siding, fascia, metal entrance canopy and exterior trellis. Decorative lantern-style wall sconces will be installed on all sides of the building except the rear, ornamental lighting will be provided within the landscaped areas. The focal point is the main entry, which features a punctuated 31-

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foot tower element oriented towards the Sand Creek Road frontage. The tower element is comprised primarily of stone, wood accents, divided-light windows, and a standing seam metal roof, complementary to the rustic architectural style. The restaurant includes a 1,508 square foot outdoor patio area on the north elevation.

The patio will be dog friendly, a popular feature for guests at other Lazy Dog restaurants. The patio is open on all sides and includes a standing seam metal roof.

The proposed color scheme of reds, browns, and navy accents creates a warm exterior promoting the rustic architecture.

In addition to the patio area, the project would also include a 764 square foot waiting area that will be improved with a decomposed-granite (DG) paving, three stone benches, five stone tables, and four large potted plants. The design of these furniture features is complimentary of the mountain aesthetic. The waiting area and the patio area will be substantially surrounded by 24 -36 inch ornamental boulders and decorative cobbles.

The proposed plans depict the limits of rooftop mechanical equipment projecting up to 2 feet, 6 inches, above the parapet wall. The applicant has provided line of sight exhibits depicting that an average person, standing from different vantage points, would not be able to see the roof top equipment. However, the rooftop equipment is of a concern for planning staff since a line of sight exhibit does not account for all vantage points and the rooftop equipment may be visible from portions of Sand Creek Rd., the parking lot and adjacent development. The City’s Commercial/Industrial Design Guidelines require that rooftop equipment be hidden with walls or screens to match the primary building materials in order to integrate them with the design of the building walls. Therefore, Staff recommends, and has included draft condition of approval # 12, that the parapet walls be at least six inches taller than the maximum height of the rooftop equipment (an increase in height of approximately three feet, four inches). Due to this, staff also recommends, and has included draft condition of approval #13, that the stone accent wall and tower element be raised the same amount as the parapet wall to maintain the building’s proportionality.

PEER REVIEW COMMENTS
The application was submitted in October 2022 and, since then, the design has gone through multiple iterations. The current architectural proposal is in response to the City’s peer review architect, Larry Cannon’s, comments on the third design submittal.

A copy of the resulting drawings and e-mail comments are attached for reference and include suggestions to augment the building design by:
1) adding a tower element that is typical of all Lazy Dog restaurants, but was removed during the second iteration of the project,
2) changing the materials of a projecting stucco wall to stone to provide depth, 3) providing depth to all stone pilasters, and
4) adding additional architectural elements to the east elevation to break up the large wall plane.

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The intent of these comments was to ensure the building adheres to the City’s Design Guidelines as closely as possible. Mr. Cannon drew examples from similar restaurants located across Sand Creek Road at The Streets of Brentwood, as well as a Lazy Dog Restaurant in Cupertino, all of which he had prior peer review experience with.

In the final proposed design (see below), the applicant re-incorporated the tower element, but at a slightly reduced height than is typical for Lazy Dog Restaurants (31 feet instead of 38 feet). There was no additional depth added to the stone pilasters, which currently project 10 ½ inches; therefore, staff recommends that the projection be increased to 18-inches in order to break up the building’s box-like appearance and comply with the City’s commercial/industrial design guidelines. Staff has included a draft condition of approval #11, which requires the applicant to add more depth to the pilasters by increasing the projection from 10 ½ inches to at least 18 inches.

In response to the peer review comments, the material to the projecting southeast corner wall was changed from stucco to stone veneer, and stone pilasters were added to the east elevation to break up the monotonous wall. Staff has included draft condition of approval #10, which requires the applicant to add landscaping to the west wall of the trash enclosure in order to be more comparable to the landscaping area on the east wall of the trash enclosure and to minimize the prominence of service areas as required by the commercial/industrial design guidelines.

Proposed Building Elevations

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PARKING
In accordance with the Brentwood Municipal Code (BMC), restaurant parking must be provided at a rate of one space per 100 square feet of gross floor area. Given the proposed floor area, 90 spaces are required for the 9,000 square-foot restaurant and 15 spaces for the 1,508 square foot patio area. The site plan depicts 171 proposed spaces, thereby exceeding the total number of required spaces by 66. Of the proposed 171 spaces, 17% (29 spaces) would be designated as compact spaces, compliant with the BMC which allows up to 30% of the required number of spaces to be compact. The proposed parking thus complies with the off-street parking requirements as identified in the BMC.

LANDSCAPING
The conceptual landscape plan submitted as part of the design review package reflects a significant amount of landscape material along the Sand Creek Road frontage. The west and north boundaries of the site would be screened with mediumheight shrubbery as a method of preventing vehicular light glare onto public streets.

Proposed shade and ornamental trees would be of a 15-gallon size and the shade trees would be scattered throughout the parking areas approximately 30 feet apart.

As noted in the table above, landscaping would account for 23% of lot coverage, thus exceeding the 16% requirement for sites with parking areas that consist of more than 71 parking spaces. A standard condition of approval requires the submittal of detailed landscape and irrigation plans for review and approval prior to issuance of a building permit to ensure compliance with the City’s Water Efficient Landscape Ordinance.

Storm water treatment areas are dispersed throughout the parking areas and would be in compliance with the Contra Costa County Stormwater C.3 Guidebook. All water treatment facilities would be located outside of the CCWD parcel.

LIGHTING
A total of 12 exterior wall lantern style lights, compatible with the building architecture, are proposed as shown on the project plans. The parking lot would be illuminated with 14 light poles. These would be 24 feet high and mounted on reinforced concrete pedestals to protect them from vehicular damage. All light fixtures will be full cutoff so that no light rays are emitted by the installed fixture at angles above the horizontal plane.

The submitted photometric plan depicts the light cast from these fixtures would be between 1 foot-candle and 7 foot-candles on most of the vehicle access ways and parking areas, consistent with the provisions of the BMC, which requires that all of the vehicle access ways and parking areas be illuminated between 1 foot-candle and 7 foot-candles. A draft condition of approval is included requiring the applicant to provide sufficient lighting to comply with Section 17.620.022.G of the BMC.

SIGNAGE
Conceptual sign locations are shown on the proposed building elevations. Prior to installation of any signage on the site or building, the applicant would be required to

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submit a sign permit application to the Community Development Department for review and approval, which would be reviewed for consistency with the requirements of the BMC.

ATTACHMENT(S)

1. MS 354-22, PC Resolution 23-013

2. DR 22-011, PC Resolution 23-014

3. Lazy Dog Full Plan Set

4. Peer Review - Larry Cannon Comments

5. Adopted Mitigation Measures

RECEPTION TAKE OUT DINING #2 pick up COOKLINE PREP SCULLERY secured dry storage COOLERFREEZERBEER COOLER EMPLOYEE RESTROOM BREAK AREA ICE take-out station ELECTRICAL WATER SOFTENER BAR DINING BAR DINING #1 DINING #3 PATIO OFFICE MEN WOMEN 16 16 16 16161616 16161616 16161616 Sand Creek rd
brentwood, ca 94513 SHEET NUMBER SHEET TITLE 3337 SUSAN STREET, SUITE 100 COSTA MESA, CA 92626 PHONE: 714.596.9960 FAX: 714.596.9970 www.lazydogrestaurants.com JOB NO. CHECKED BY DRAWN BY SCALE FLOOR PLAN NORTH FLOOR PLAN DD3.0 seating tabulations 62 SEATS total INTERIOR SEATS: DINING ROOM 1: DINING ROOM 2: BAR: 62 SEATS 74 SEATS 266 SEATS total PATIO SEATS: 56 SEATS building tabulations building area: patio area: TRASH ENCLOSURE: 8,885 sq. ft. 1,508 sq. ft. 204 sq. ft. total building area (premises): 9,089 sq. ft. total area: 10,597 sq. ft. SEATS REQUIRED: 254 (PER SQ FT. CALCULATED FOR SEATING TABULATION) SEATS PROVIDED: 266 INDOOR SEATING CHART 1-PERSON 16 16 2-PERSON 20 40 6-PERSON 4-PERSON 42 168 7 42 SEATING PARTY SEATS TYPE % OF TOTAL TABLES % OF TOTAL TABLES TOTAL 85 266 19% 24% 49%8% 6%15% 63%16% 100% 100% OUTDOOR SEATING CHART 1-PERSON 12 12 2-PERSON 14 28 4-PERSON 4 16 SEATING PARTY SEATS TYPE % OF TOTAL TABLES % OF TOTAL TABLES TOTAL 30 56 40% 47%13% 21% 50% 29% 100% 100% GRAND TOTAL: 322 SEATS DINING ROOM 3: 68 SEATS Page 85 of 238 Sand Creek rd
brentwood, ca 94513 SHEET NUMBER SHEET TITLE 3337 SUSAN STREET, SUITE 100 COSTA MESA, CA 92626 PHONE: 714.596.9960 FAX: 714.596.9970 www.lazydogrestaurants.com JOB NO. CHECKED BY DRAWN BY SCALE EAST ELEVATION NORTH ELEVATION EXTERIOR FINISHES EXTERIOR ELEVATIONS DD4.0Page 86 of 238 Sand Creek rd
brentwood, ca 94513 SHEET NUMBER SHEET TITLE 3337 SUSAN STREET, SUITE 100 COSTA MESA, CA 92626 PHONE: 714.596.9960 FAX: 714.596.9970 www.lazydogrestaurants.com JOB NO. CHECKED BY DRAWN BY SCALE WEST ELEVATION SOUTH ELEVATION EXTERIOR ELEVATIONS DD4.1 EXTERIOR FINISHES

Sand Creek rd
brentwood, ca 94513 SHEET NUMBER SHEET TITLE 3337 SUSAN STREET, SUITE 100 COSTA MESA, CA 92626 PHONE: 714.596.9960 FAX: 714.596.9970 www.lazydogrestaurants.com JOB NO. CHECKED BY DRAWN BY SCALE EAST PATIO ELEVATION WEST PATIO ELEVATION NORTH PATIO ELEVATION PATIO ELEVATIONS DD4.2Page 88 of 238

GRAPHIC SCALE
0 30 60 90

GRAPHIC SCALE
0 30 60 90

0 GRAPHIC SCALE
30 60 90

PLANT MATERIALS LIST WUCOLS SYMBOL BOTANICAL NAME COMMON NAME SIZE WATER USE QUANT. TREES: ACACIA BAILEYANA 'PURPUREA' PURPLE ACACIA 36" BOX LOW 5 CEDRUS ATLANTICA 'HORSTMANN' HORSTMANN ATLAS CEDAR 36" BOX MED 5 CERCIS OCCIDENTALIS (STANDARD) WESTERN REDBUD 15 GA LOW 17 FRAXINUS ANGUSTIFOLIA RAYWOOD ASH 15 GA MED 16 GREVILLEA ROBUSTA SILKY OAK 36" BOX LOW 1 LAGERSTROEMIA 'TUSCARORA' (STD.) CRAPE MYRTLE 15 GA LOW 22 PINUS THUNBERGII JAPANESE BLACK PINE 36" BOX MED 4 QUERCUS VIRGINIANA SOUTHERN LIVE OAK 15 GA MED 4 PLATANUS ACERIFOLIA 'COLUMBIA' PLANE TREE 15 GA MED 10 QUERCUS COCCINEA SCARLET OAK 15 GA MED 17 SHRUBS: ANISOTONTEA CAPENSIS CAPE MALLOW 5 GA LOW 28 ARTEMESIA 'POWIS CASTLE' WORMWOOD 5 GA MED 14 *CARPENTERIA CALIFORNICA BUSH ANEMONE 5 GA LOW 89 CISTUS SALVIFOLIUS 'PROSTRATUS' PROSTRATE ROCKROSE 5 GA LOW 121 *FRANGULA CALIFORNIA 'EVE CASE' COFFEEBERRY 5 GA LOW 64 HALIMIUM LASIANTHUM 'SANDLING' YELLOW ROCKROSE 5 GA LOW 21 MAHONIA CONFUSA 'NARIHIRA' NARIHIRA MAHONIA 5 GA MED 20 NANDINA DOMESTICA 'COMPACTA' COMPACT NANDINA 5 GA LOW 5 OLEA EUROPA 'LITTLE OLLIE' DWARF FRUITLESS OLIVE 5 GA LOW 10 PRUNUS ILICIFOLIA HOLLYLEAF CHERRY 5 GA LOW 36 SALVIA LEUCOPHYLLA 'FIGUEROA' FIGUEROA PURPLE SAGE 5 GA LOW 55 WESTRINGIA FRUTICOSA COAST ROSEMARY 5 GA LOW 107 PERENNIALS AND GRASSES: *ACHILLEA MILLIFOIUM COMMON YARROW 1 GA LOW 23 ANIGOZANTHOS 'YELLOW GEM' KANGAROO PAW 1 GA LOW 117 FESTUCA GLAUCA 'ELIJAH BLUE' BLUE FESCUE 1 GA LOW 108 HELICTOTRICHON SEMPERVIRENS BLUE OAT GRASS 1 GA LOW 27 HEUCHERA MAXIMA ISLAND ALUM ROOT 1 GA MED 21 *MUHLENBERGIA RIGENS DEER GRASS 5 GA LOW 163 PEROVSKIA ATRIPLICIFOLIA RUSSIAN SAGE 1 GA LOW 63 SALVIA MICROPHYLLA 'HOT LIPS' HOT LIPS SAGE 5 GA LOW 20 ZAUSCHNERIA CALIFORNICA CALIFORNA FUCHSIA 1 GA LOW 43 GROUND COVERS: *B BACCHARIS PILULARIS DWARF COYOTE BRUSH1 GA@ 36" O.C. LOW 7.346 SF *J JUNCUS PATENS GRAY RUSH 1 GA@ 36" O.C. LOW 895 SF L LANTANA MONTEVIDENSIS LANTANA 1 GA@ 30" O.C. LOW 2,071 SF M MYOPORUM PARVIFOLIUM MYOPORUM 1 GA@ 36' O.C. LOW 9,187 SF *R ROSMARINUS 'HUNTINGTON BLUE' ROSEMARY 1 GA@ 36" O.C. LOW 1,835 SF S LOMANDRA LONGIFOLIA 'SEA BREEZE' DWARF MAT RUSH 1 GA@ 30" O.C. LOW 3,110 SF NOTE: ASTERISK ( * ) ABOVE DENOTES PLANT SPECIES SELECTED FROM THE CONTRA COSTA COUNTY STORMWATER GUIDELINES COMPLIANT PLANT LIST

PRELIMINARY

PLANT LIST AND
TREE IMAGES L1 GENERAL NOTES: 1. ALL PLANTING AREAS, EXCEPT STORMWATER PLANTERS, SHALL RECEIVE A 3" MINIMUM DEEP LAYER OF FIR BARK DRESSING. 2. ALL PLANTING SHALL BE WATERED BY FULLY AUTOMATIC, WATER-CONSERVING IRRIGATION SYSTEM WITH WEATHER-BASED CONTROLLER OPERATION. QUERCUS VIRGINIANA (SOUTHERN LIVE OAK) LAGERSTROEMIA 'TUSCARORA' (CRAPE MYRTLE) FRAXINUS ANGUSTIFOLIA (RAYWOOD ASH) CERCIS OCCIDENTALIS (WESTERN REDBUD) ACACIA BAILEYANA 'PURPUREA' (PURPLE ACACIA) TREE IMAGES

LAZY DOG RESTURANT
SAND CREEK ROAD AND HWY 4

BRENTWOOD, CALIFORNIA
RW Stover & Associates, Inc.

Landscape Architecture
1620 North Main Street, Suite 4
Walnut Creek, CA 94596
Ph: 925.933.2583 QUERCUS COCCINEA (SCARLET OAK) PLATANUS ACERIFOLIA 'COLUMBIA' (PLANE TREE) PINUS THUNBERGII (JAPANESE BLACK PINE) CEDRUS ATLANTICA 'HORSTMANN' (HORSTMANN ATLAS CEDAR) GREVILLEA ROBUSTA (SILKY OAK) PLANT COUNT NOTE: PLANT COUNTS SHOWN ARE FOR BIDDING PURPOSES ONLY. CONTRACTOR IS RESPONSIBLE FOR ALL PLANT COUNTS PRIOR TO PLACING PLANT STOCK ORDERS. Page 95 of 238 SAND CREEK ROAD STATE ROUTE 4 AND OFF-RAMP PROPOSED BUILDING PG&E EASEMENT 30' O.C. 20' O.C. FRAXINUS ANGUSTIFOLIA (RAYWOOD ASH) LAGERSTROEMIA 'TUSCARORA' (CRAPE MYRTLE) ACACIA BAILEYANA 'PURPUREA' (PURPLE ACACIA) PLATANUS ACERIFOLIA 'COLUMBIA' (PLANETREE) QUERCUS COCCINEA (SCARLET OAK) CERCIS OCCIDENTALIS (WESTERN REDBUD) CERCIS OCCIDENTALIS (WESTERN REDBUD) QUERCUS VIRGINIANA (SOUTHERN LIVE OAK) ACCENT PLANTING AROUND BUILDING' BIO-RETENTION BASIN BIO-RETENTION BASIN BIO-RETENTION BASIN BIO-RETENTION BASIN BIO-RETENTION BASIN BIO-RETENTION BASIN BIO-RETENTION BASIN ACCESS TRAIL WITH FENCE ALONG BOTH SIDES MEDIUM HEIGHT PLANTING TO SCREEN PARKING LOT (TYPICAL) MEDIUM HEIGHT PLANTING TO SCREEN PARKING LOT (TYPICAL) ACCENT TREE ALONG WALK LAGERSTROEMIA 'TUSCARORA' (CRAPE MYRTLE) LOW PLANTING AT PARKING LOT LOW PLANTING AT PARKING LOT LOW TREES WITHIN PG&E EASMENT (TYPICAL) EXISTING TREE CANOPY B S S S S S S S B B B BB JJR R S S S S S ML L L L B J B R R S S S S S S M B RR B S L M M M M M B B B M M B

PRELIMINARY

LANDSCAPE
PLAN L2 REFER TO SHEET L1 FOR PLANT LIST AND TREE IMAGES GENERAL NOTES: 1. ALL PLANTING AREAS, EXCEPT STORMWATER PLANTERS, SHALL RECEIVE A 3" MINIMUM DEEP LAYER OF FIR BARK DRESSING. 2. ALL PLANTING SHALL BE WATERED BY FULLY AUTOMATIC, WATER-CONSERVING IRRIGATION SYSTEM WITH WEATHER-BASED CONTROLLER OPERATION.

LAZY DOG RESTURANT
SAND CREEK ROAD AND HWY 4

BRENTWOOD, CALIFORNIA
RW Stover & Associates, Inc.

Landscape Architecture
1620 North Main Street, Suite 4
Walnut Creek, CA 94596
Ph: 925.933.2583 REFER TO SHEET L3 FOR ENLARGEMENT PLAN OF LANDSCAPE AREA IMMEDIATELY AROUND PROPOSED BUILDING Page 96 of 238

PROPOSED BUILDING PROPOSED BUILDING

PRELIMINARY

LANDSCAPE PLAN
ENLARGEMENT L3 REFER TO SHEET L1 FOR PLANT LIST AND TREE IMAGES GENERAL NOTES: 1. ALL PLANTING AREAS, EXCEPT STORMWATER PLANTERS, SHALL RECEIVE A 3" MINIMUM DEEP LAYER OF FIR BARK DRESSING. 2. ALL PLANTING SHALL BE WATERED BY FULLY AUTOMATIC, WATER-CONSERVING IRRIGATION SYSTEM WITH WEATHER-BASED CONTROLLER OPERATION.

LAZY DOG RESTURANT
SAND CREEK ROAD AND HWY 4

BRENTWOOD, CALIFORNIA
RW Stover & Associates, Inc.

Landscape Architecture
1620 North Main Street, Suite 4
Walnut Creek, CA 94596
Ph: 925.933.2583
ORNAMENTAL BOULDERS (TYPICAL)CALISTOGA BOULDERS, DIAMETERS 24", 30" & 36" NOTED ON PLAN BURY 1/3 OF EACH BELOW GRADE, SEAT SOLID, UNLESS OTHERWISE DIRECTED BY OWNER'S REPRESENTATIVE. CONTRACTOR SHALL CONTAT PAMELA JENSEN (714) 623-9954 FOR ON-SITE INSTRUCTIONS PRIOR TO PURCHASE AND INSTALLATION. 36" 36" 24" 24" 30" 24" 24" 24" 24" 24" 24" 24" 24" 24"24" 24"24" 24" 24"24" 24" 36" 36" 36" 30" 24"24" 24" 36" 24" 24" 24" 24" 24" 24" 24" 24" 24" 24" 24" 24" 24" 24" 24" 30" 30" 30" 30" 30" 30" 36" 36" 36" 36" 36" INSET PLAN: ORNAMENTAL BOULDERS AND COBBLES SCALE: 1" = 20'-0" DECORATIVE COBBLES (TYPICAL): PROVIDE 3" DEEP LAYER OF 2"-3"Ø RIVER-WASHED COBBLES (LIGHT AND DARK GRAY TONES), TO BE SET DIRECTLY ON 3" DEEP DECORATIVE BARK MULCH DRESSING. CONCRETE PAVING PURPLE ACACIA PURPLE ACACIA CRAPE MYRTLE PURPLE ACACIA ATLAS CEDAR SILKY OAK REFER TO SITE FURNISHINGS SHEET FOR BENCHES AND TABLES AT OUTDOOR PATIO AREA Page 97 of 238

SAND CREEK ROAD
STATE ROUTE 4 AND OFF-RAMP PROPOSED BUILDING
PG&E

EASEMENT
PG&E

EASEMENT

PRELIMINARY
SHADE
CALCULATIONS L4 SHADE LEGEND: PAVED AREA OF PARKING LOT THAT APPLIES TO TREE CANOPY SHADE CALCULATIONS TREE SHADE CANOPY AT 15 YEARS MATURITY PARKING LOT PAVED AREA SHADED BY TREE CANOPY F = FULL CANOPY; H = HALF CANOPY; 1 4 = ONE QUARTER CANOPY; 3
4 = THREE QUARTERS CANOPY REFER TO SHEET L1 FOR TREE LIST AND TREE IMAGES

LAZY DOG RESTURANT
SAND CREEK ROAD AND HWY 4

BRENTWOOD, CALIFORNIA
RW Stover & Associates, Inc.

Landscape Architecture
1620 North Main Street, Suite 4
Walnut Creek, CA 94596
Ph: 925.933.2583

Sand Creek rd
brentwood, ca 94513
MTL-6 PT-5MTL-5
PT-8B PT-9
PT-10
ST-1
WD-6WD-5WD-1
PT-14
WD-2
PT-15
WD-3

BENCH DETAIL
SAMPLE

POT IRRIGATION AND DRAINAGE AT ENTRY SAMPLE Page 104 of 238 SAMPLE

STONE TABLE DETAIL

ELECTRICAL PLAN - SITE A

0.9 1.4

0.8 1.1

1.5 1.9

1.7 0.6

0.5 1.1

1.3 1.3

1.5 1.5

1.7 2.4

1.6 1.1

0.6 0.8

0.9 1.2

1.6 1.4

1.6 1.8

1.5 1.4

2.2 1.6

1.5 1.1

1.4 1.3

1.1 1.1

1.3 1.6

1.7 1.6

1.2 0.8

0.8 1.5

1.8 1.5

0.7 1.2

1.4 1.3

1.5 1.6

1.2 1.0

1.0 0.9

0.8 0.6

0.5 0.5

0.7 1.1

1.5 1.2

0.6 0.8

1.2 1.6

1.6 2.1

1.9 1.3

0.9 0.7

0.6 0.6

0.6 0.6

0.7 1.0

1.3 1.2

0.8 1.1

1.4 1.6

1.7 1.4

1.0 0.8

0.7 0.7

0.8 0.8

1.2 1.5

1.5 1.2

1.5 1.6

1.4 1.3

1.1 1.0

1.0 0.9

1.0 1.1

1.2 1.2

1.6 1.1

1.0 0.9

1.4 1.9

1.8 1.7

2.0 1.9

2.0 2.1

2.1 1.9

1.6 1.3

1.3 1.6

1.7 1.8

2.7 1.7

1.5 1.3

1.3 2.1

1.6 2.1

2.5 2.5

2.7 2.8

2.9 2.6

2.0 1.5

1.5 2.0

2.7 2.4

4.1 2.2

2.3 1.5

1.2 1.9

1.9 1.5

0.6 2.2

2.9 2.9

2.5 2.2

2.1 2.3

2.2 1.7

1.7 2.3

3.0 2.2

4.8 2.0

2.7 1.7

1.1 1.4

2.1 1.7

1.1 2.1

3.4 3.8

3.9 4.6

4.4 3.8

3.2 2.1

1.9 2.5

3.3 2.1

4.7 2.0

3.0 1.7

1.1 1.3

1.7 2.2

2.7 2.7

2.4 2.2

2.2 2.2

2.1 1.6

1.6 2.2

3.0 2.2

4.5 2.1

2.7 1.7

1.2 1.4

1.5 1.9

2.3 2.3

2.5 2.8

2.8 2.5

1.9 1.4

1.4 1.9

2.3 2.3

3.7 2.1

2.0 1.5

1.4 1.8

1.7 1.4

1.7 1.6

1.5 1.6

1.6 1.5

1.3 1.2

1.2 1.4

1.6 1.6

2.3 1.5

1.3 1.1

1.5 2.0

1.5 1.1

1.2 1.1

1.0 0.9

0.9 0.9

0.9 1.0

1.0 1.1

1.1 1.1

1.4 1.0

0.8 0.8

1.4 2.1

1.3 0.9

1.1 1.1

0.9 0.9

0.9 0.9

0.9 0.9

0.9 0.9

0.8 0.9

0.8 0.7

0.6 0.7

1.2 1.8

1.5 0.7

1.0 1.3

1.4 1.5

1.5 1.5

1.4 1.3

1.0 0.9

0.8 0.4

0.5 0.5

0.5 0.9

1.4 1.4

0.8 1.3

1.7 2.0

2.4 2.7

2.8 2.4

1.8 1.2

0.9 0.8

0.6 1.0

0.9 0.9

1.7 2.2

2.3 2.4

2.3 2.3

2.3 2.0

1.3 0.9

0.6 1.0

2.4 3.1

3.5 3.7

4.3 4.1

3.6 3.0

1.8 1.1

0.8 0.9

2.2 3.0

2.9 2.6

2.3 2.2

2.4 2.1

1.5 1.0

0.7 0.8

1.9 2.9

2.8 2.7

2.8 2.9

2.6 1.9

1.3 0.8

0.6 0.9

2.1 2.6

2.4 2.1

2.2 2.3

2.0 1.6

1.1 0.8

0.6 0.8

1.8 2.0

1.7 1.3

1.2 1.2

1.2 1.1

1.0 0.8

0.5 0.7

1.3 1.4

1.2 0.9

0.9 0.9

0.9 0.9

0.9 0.8

0.4 0.5

0.9 1.1

0.9 0.8

1.0 0.9

0.9 0.9

0.9 0.8

0.8 0.4

0.7 0.9

1.0 1.0

1.4 1.1

1.1 1.1

1.1 1.1

1.0 1.6

1.3 1.2

0.9 0.7

0.4 0.4

0.5 0.4

0.4 0.7

1.1 1.4

1.5 2.3

1.6 1.6

1.5 1.5

1.5 1.5

2.2 1.5

1.3 1.1

0.7 0.4

0.6 0.8

0.7 0.4

0.7 1.4

2.1 2.1

3.7 2.3

2.4 2.1

2.0 2.2

2.2 3.5

2.2 2.0

1.5 0.8

0.5 0.8

1.2 1.2

0.4 1.5

2.6 2.0

4.5 2.2

2.9 2.4

2.3 2.9

2.2 4.2

2.2 2.7

1.8 0.9

0.6 1.0

1.6 1.5

0.5 1.6

2.9 2.1

4.8 2.1

3.3 2.6

2.3 3.2

2.2 4.6

2.0 2.9

2.0 0.9

0.6 1.2

1.9 1.2

0.4 1.5

2.6 2.0

4.6 2.2

2.9 2.4

2.3 3.0

2.2 4.7

2.1 2.7

1.9 0.9

0.6 1.2

1.8 1.4

0.6 1.3

2.1 2.1

3.9 2.3

2.5 2.2

2.1 2.6

2.3 3.9

1.1 1.8

1.8 1.0

1.4 1.6

2.4 1.7

1.7 1.7

1.7 1.8

1.8 2.7

1.8 1.5

1.2 1.0

1.8 2.0

0.7 0.9

1.0 1.4

1.1 1.1

1.2 1.2

1.2 1.1

1.6 1.1

1.0 0.8

0.6 0.6

1.3 2.3

2.0 0.5

0.5 0.6

0.8 0.8

0.7 0.8

0.9 0.8

0.8 0.9

0.8 0.6

0.6 0.6

1.0 2.1

1.9 1.8

0.6 0.6

0.6 0.5

0.5 0.5

0.4 0.5

0.8 1.6

1.7 1.5
NORTH

LIGHTING FIXTURE SCHEDULE

LIGHTING ZONE STATISTICS

POLE LIGHT MOUNTING

PHOTOMETRIC

SITE PLAN
E0 LAZY DOG RESTAURANT 2435 SAND CREEK ROAD BRENTWOOD, CA 94513 REVISION DESCRIPTION DATE SHEET NO.

SHEET TITLE JOB NO. DRAWN CHECKED ORIGINAL DATE

ISSUED FOR DATE
EXP.12-31-2023
No.E23735 R EG I S T E R E D P RO F E S S I ON A L
E NG I N E E R M . BA T I S TA

S T A T E OF CA L I FORN I A

E DR N XA
E
A L

E L E C T R I C A L

H HEVI LITE, INC. 9714 Variel Ave, Chatsworth, CA 91311 Tel., (818) 341-8091 - Fax (818) 998-1986
Web Site http://www.hevilite.com
GM-3-AA
GM-3
Wet/damp/dry location.

RATING:

NOTE:

APPROVED:

PROJECT:

CATALOG NUMBER:

TYPE:

MADE IN THE USA
Fixture Finish Lamping Voltage Options/Access.

SPECIFICATIONS
DESCRIPTION:

Stainless steel triple prong ground mounting
spike, for low voltage applications. Suitable
for wet/damp/dry location installations.

MATERIAL:

Standard overall material stainless steel.

GM-3 - Machined Stainless Steel
FINISH:

BZ - Powder Coat Bronze
N - Natural, Stainless Steel
VOLTAGE:

Suitable for low voltage (12V) fixtures.

MOUNTING:

Spike has (1) 1/2-NPS mount.

SAMPLE ORDER SPECIFICATION:

ORDER SPECIFICATION: _______________ - ________________ - _______________ - _______________ - _______________ THE INFORMATION CONTAINED IN THIS DRAWING IS THE SOLE PROPERTY OF HEVI LITE, INC. ANY REPRODUCTION IN PART OR WHOLE WITHOUT THE WRITTEN PERMISSION OF HEVI LITE, INC. IS PROHIBITED. 4"
101.60
1/2-NPS
7 1/16"
180.01
1 1/16"

27.61

H HEVI LITE, INC. 9714 Variel Ave, Chatsworth, CA 91311 Tel., (818) 341-8091 - Fax (818) 998-1986
Web Site http://www.hevilite.com
HL-918
NOTE:

APPROVED:

PROJECT:

CUSTOM NUMBER:

TYPE:

MADE IN THE USA

SPECIFICATIONS
DESCRIPTION:

High output LED adjustable accent fixture. Suitable for wet/damp/dry location installations.

MATERIAL:

Standard overall material is 6061 aluminum.

FINISH:

AA - Anodized Satin Aluminum
AP - Powder Coat Aluminum
BK - Powder Coat Black
BZ - Powder Coat Bronze
WT - Powder Coat White
LED OPTIONS:

Integral high output Xicato LED module,

8.0W, 750 lm.

Color Temperature CCT
27 - 2700K CCT
30 - 3000K CCT
35 - 3500K CCT
40 - 4000K CCT
Reflector, Field Replaceable
NF - Narrow Flood, 20º
FL - Flood, 40º
WFL - Wide Flood, 60º
VOLTAGE:

Requires remote LED driver. Leading edge/trailing
edge dimmable constant current remote LED Driver
included. Dimmable only in 120V.See driver options.
120-277 - 120-277V LED driver
DRIVER OPTIONS:

Fixture includes HL-RD remote LED driver enclosure
(3R rated stainless steel enclosure) standard. Driver
options available in place of HL-RD for direct burial,
surface, ground and wall mounting available.

H-POD-LED-L30 - Remote direct burial driver.

HLD-CBB-L30 - Composite burial box for driver
w/fixture mount.

SMED-L30 - Surface mount driver canopy.

WMED-L30 - Wall mount driver canopy.

MOUNTING:

Fixture is designed with a 1/2-NPS adjustable
mounting stem.

OPTIONS:

Glare shield
GL-920 - Angled, aluminum
GL-921 - Straight, aluminum
Lenses/Louvers/Color Filters
LA-1-920 - Hexcell Louver (Black)
LA-2-920 - Prismatic lens
LA-3-920 - Linear spread lens
LA-4-920 - Soft focus lens (diffused)
LA-5-920 - Moonlight lens
LA-6-920 - Blue lens
See fixture accessories for more information.

RATING:
e
Wet/damp/dry location.

Certified JA-8 JA-10 per CA Title 24.

THE INFORMATION CONTAINED IN THIS DRAWING IS THE SOLE PROPERTY OF HEVI LITE, INC. ANY REPRODUCTION IN PART OR WHOLE WITHOUT THE WRITTEN PERMISSION OF HEVI LITE, INC. IS PROHIBITED. 1/2" - NPS
54 2 1/8"
5 1/2"
139.7
3"

75.7 1 1/4"

31.5

L30, L40, & L50 Driver Options
HLD-CBB-L**
Direct burial composite enclosure with (1)LED driver and (1)fixture mount location.

Enclosure comes standard with junction compartment and anti-siphon chamber ensures no water can enter the main housing.

WMED-L**
Wall mount canopy with (1) LED driver, for (1) fixture. Suitable for wet/damp/dry location installations.

GM-9-L**
LED driver in PVC landscape post/mounting spike for ground mounting applications.

Suitable for wet/damp/dry location installations.

SMED-L**
Surface mount canopy with (1) LED driver, for (1) fixture. Suitable for wet/damp/dry location installations.

HL-RD-2X-L**
3R rated rain tight stainless steel enclosure with (2) LED drivers. Suitable for wet/damp/dry location installations.

HL-RD-L**
3R rated rain tight stainless steel enclosure with (1) LED driver. Suitable for wet/damp/dry location installations.

H-POD-L**
Direct burial LED Driver pod with (1) driver. Pod is equipped with moisture-lock cords to prevent water wicking.

Suitable for wet/damp/dry location installation.

H-POD-L**-2X
Direct burial LED Driver pod with (2) LED drivers. Pod is equipped with moisture-lock cords to prevent water wicking.

Suitable for wet/damp/dry location installation.

H HEVI LITE, INC. • 9714 Variel Ave, Chatsworth, CA 91311 (818) 341-8091 • Fax (818) 998-1986 • www.hevilite.com
h HEVI LITE INC.

ZXL16-NF
LED Area Accent . ZX16 Series
Ordering Guide EXAMPLE: ZXL16-NF - A - GSL - 12V - 7 - 27 - 20 - BK - LVR - MH02 Project Name
Fixture Type
Product Features
HK USA Lighting Group 3529 Old Conejo Road #118 Newbury Park CA 91320 TEL 805 480 4881 FAX 805 480 4811 [email protected] IP67
Product Drawings
Specification
ZXL16-NF-A ZXL16-NF-C-CGSL
ZXL16-NF-C-CGSS
ZXL16-NF-C-CGSA

7.90'' TO 9.10''
DIA.

2.47"

7.90'' TO 9.10''
DIA.

2.47"

6.14'' TO 7.14''
DIA.

2.47"
• Area accent lighting for architectural and
landscape application.
• ETL outdoor wet location listed. IP67 standard.
• Machined from solid billet 6061- T6 corrosion
resistant aluminum.
• 240° vertical and 360° horizontal adjustment
via unique swivel stem design.
• Modular components - field changeable LED
module & beam spread reflectors.

Finish: Polyester powder coat on all aluminum materials with RoHS compliant procedures. Anodized finish is available.

Stainless steel and brass models are provided with brushed surface.

Optical Accessories: Accepts up to 3 accessories (hexcel louver, optical lenses, dichroic color filters, etc.). Secured in place with metal snap ring.

Mounting Method: Mounts using 1/2’’-14 NPS male fitting compatible with all HK Lighting Group mounting devices.

Wattage: 5, 7 or 10W HK LED.

Light Source: CRI 83. Available in CRI95 upon request. The chromaticity range is within a 3-step McAdam Ellipse.

Standard CCT options are 2700K, 3000K, 4000K.

Lamp Base/Socket: Innovative cone-shaped lamp base and
receptacle socket maximize the surface contact area to
dissipate heat more effectively. See ‘‘Resources’’ for details.

Dimmability: MLV or ELV.

Materials: Machined from billet 6061-T6 corrosion resistant aluminum with 304 stainless steel hardware. Available in 304/316 stainless steel or 360 brass upon request.

Hood and Glare Shield: 3 available hood options to suit any application. 3 optional glare shields (short, long, angled) to complement each hood choice. See page 3 for details.

Voltage: 12V AC/DC. Requires remote step down transformer.

NOTE: Specification and dimensions subject to change without notice.

6.62"
DIA. 2.25" (168mm)
(57mm)

3.40"
(86mm)
1/2''-14 NPS

MALE FITTING ROTATIONAL
AXIS
TILT
AXIS
240°
TILT

LOCKING
SCREW

ROTATIONAL

LOCKING
SCREW
360°

A A-HOOD

B B-HOOD

C C-HOOD
5 5W
7 7W
10 10W
27 2700K
30 3000K
40 4000K
GSL
GSA
GSS
CGSL
CGSA
CGSS

SERIES HOOD GLARE SHIELD VOLTAGE WATTAGE CCT OPTICS FINISH OPTIC ACCESSORIES MOUNTING ACCESSORIES ZXL16-NF 12V
20 20º
33 33º
44 44º
57 57º
OPTIONAL OPTIONAL, SELECT UP TO 3 OPTIONAL
LVR Hexcel Louver
OSL Overall Spread Lens
LSL Linear Spread Lens
SOL Solite Soft Focus
DF Dichroic Filter
See page 3 for quick reference,
or ‘‘Accessories’’ link for detailed
specification.

Standard
BK Black Powder Coat
BZ Bronze Powder Coat
WT White Powder Coat
Premium
ABK Anodized Black
ACL Anodized Clear
CC Custom Powder Coat
Remote Step Down Transformer for 12V fixture(Optional).

See ‘‘Accessories’’ link for detailed specification.

TXM
TXS
IGT
TXE
20 40 60 100 150 300
150 300 600
50(120V only) 100 300 600
60 120 or 277
120
120 or 277
120, 230, or 277
Model Wattage(VA) Primary Voltage(VAC) Dimming Method
MLV
MLV
MLV
ELV
Secondary Volt(VAC)
12 Multi-tap of 12, 13, 14, 15 VAC
12 12
Characters
Outdoor, Wall Mount, Compact
Outdoor, Wall mount, Stainless Steel Case
in grade
Needs Enclosure, 6ft working distance

MATERIAL
BLANK Aluminum(Standard)
NBR Natural Brass
NSS Natural Stainless Steel
CU Natural Copper

Photometry & Energy Data
HK USA Lighting Group 3529 Old Conejo Road #118 Newbury Park CA 91320 TEL 805 480 4881 FAX 805 480 4811 [email protected] ZXL16-NF
LED Area Accent . ZX16 Series
MODEL ZXL16-NF-10W-N Polar Graph - Intensity Cone of Light - Illuminance MODEL ZXL16-NF-10W-M Polar Graph - Intensity
MODEL ZXL16-NF-10W-W Polar Graph - Intensity
MODEL ZXL16-NF-10W-VW
Wattage Mutiplier Table CCT Multiplier Table
Input Power 9.5W
Color Temperature (CCT) 3000K
Color Rendering Index (Ra) 83
Beam Angle 20.5°
Max. Candlepower 3507cd
Delivered Lumens 864lm
Efficacy 91lm/W
Input Power 9.5W
Color Temperature (CCT) 3000K
Color Rendering Index (Ra) 83
Beam Angle 32.5°
Max. Candlepower 1842cd
Delivered Lumen 863lm
Efficacy 91lm/W
Input Power 9.5W
Color Temperature (CCT) 3000K
Color Rendering Index (Ra) 83
Beam Angle 44.1°
Max. Candlepower 1332cd
Delivered Lumen 850lm
Efficacy 89lm/W
Input Power 9.5W
Color Temperature (CCT) 3000K
Color Rendering Index (Ra) 83
Beam Angle 56.9°
Max. Candlepower 1019cd
Delivered Lumen 876lm
Efficacy 92lm/W
Wattage Multiplier
5Watt 0.53
7Watt 0.77
10Watt 1.00
Color Temp. Multiplier
2700K 0.97
3000K 1.00
4000K 1.05
Cone of Light - Illuminance
Cone of Light - Illuminance
Polar Graph - Intensity Cone of Light - Illuminance
BUG rating: B1-U0-G0 when fixture is aiming straight down and below eye level.

Product Options & Accessories
HK USA Lighting Group 3529 Old Conejo Road #118 Newbury Park CA 91320 TEL 805 480 4881 FAX 805 480 4811 [email protected] ZXL16-NF
LED Area Accent . ZX16 Series
Hood Options
Mounting Accessories
Optional Glare Shield
Canopy Plate:

Surface Mount Box:

Ground Mount:

Tree Mount:

Extension:

Sign Light Arm:

Fixture On CM5 CM2 CM1 CM3 CM5
Fixture On CB5.1 CMLJ CB3.5 CB4.0 CB4.0-SQ CB5.1 CB5.5 CB5.5-K/O Fixture On TM120-TS TM125 TM125-TS-2 TM120-C-SM-HB TM125-HB TMR2 Fixture With EX,EL EX EL T-BAR
Flush hood with machined
threading on the outside for
attachment of C-style glare
shield, cleverly designed with
hidden drainage channnels.

C-HOOD
Similar to A hood but without
weep holes. Regressed lens
for glare control. Used in
an interior or down light
application.

B-HOOD
Versatile hood with 8 weep
holes for water drainage.

Regressed lens for glare
control. Suggested for general
use or when fixture is aimed
in an up position.

A-HOOD
For Use With A & B Hood
Fastened With Set Screw
For Use With C Hood
Fastened With Locking Ring
GSA
(angle)
GSL
(long)
GSS
(short)
CGSA
(angle)
CGSL
(long)
CGSS
(short)
TS-SO
Please See The Sign Light Section
MHCS MH02 MH2-T MH05 MH2-12 MH2-T-12 MHVL6-12 MH01
CM5-2
CB5.1-2 CB5.5-2 CB5.5-K/O-2
Fixture On MH02 MHVL12-24
Notes
JB1
TM120-TS

1 3/8"
35 98
3 7/8"
2 1/4"
57 H HEVI LITE, INC.
9714 Variel Ave, Chatsworth, CA 91311
Tel., (818) 341-8091 - Fax (818) 998-1986
Web Site http://www.hevilite.com
Fixture Finish Lamping Voltage Options/Access.

HL-360
NOTE:

APPROVED:

PROJECT:

CATALOG NUMBER:

TYPE:

SPECIFICATIONS
DESCRIPTION:

Compact MR16 adjustable accent fixture.

Suitable for wet/damp/dry location installations.

MATERIAL:

Standard overall material is 6061 aluminum.

HL-360 - Machined Aluminum (Standard)
HL-360-1 - Machined Stainless Steel
HL-360-2b - Machined Brass
FINISH:

AA - Anodized Satin Aluminum
AP - Powder Coat Aluminum
BK - Powder Coat Black
BZ - Powder Coat Bronze
WT - Powder Coat White
N - Natural, for Stainless Steel and Brass
VOLTAGE:
12 - 12 VAC output transformer required,
not included.

MOUNTING:

Fixture is designed with a 1/2-NPS adjustable
mounting stem.

OPTIONS:

Glare shields
GL-10 - Short Angled, aluminum
GL-11 - Angled, aluminum
GL-12 - Angled, brass
GL-13 - Straight, aluminum
GL-14 - Straight, brass
Lenses/Louvers/Color Filters
LA-1 - Hexcell Louver (Black)
LA-2 - Prismatic lens
LA-3 - Linear spread lens
LA-4 - Soft focus lens (diffused)
LA-5 - Moonlight lens
LA-6 - Blue lens
See fixture accessories for more information.

SAMPLE ORDER SPECIFICATION:

HL-360-2b-N-12-GL-11-LA-1
RATING:

Wet/damp/dry location.
e MADE IN THE USA
ORDER SPECIFICATION: _______________ - ________________ - _______________ - _______________ - _______________ THE INFORMATION CONTAINED IN THIS DRAWING IS THE SOLE PROPERTY OF HEVI LITE, INC. ANY REPRODUCTION IN PART OR WHOLE WITHOUT THE WRITTEN PERMISSION OF HEVI LITE, INC. IS PROHIBITED.

HALOGEN LAMPING OPTION:

Lamp Type - 12V halogen MR16 lamp, bi-pin
GX5.3 base, 50W max, not included (standard).

LED OPTIONS
Integral high output LED, warm white 85 CRI
(3000K CCT) standard, others available.
3LED - 3W LED - 180 lumens
8LED - 8W LED - 300 lumens
8LED-E - 8.4W LED - 565 lumens
OPTICS
3LED and 8LED:

SP - Spot, 12°
NF - Narrow Flood, 24°
FL - Flood, 36°
8LED-E:

SP - Spot 14°
NF - Narrow Flood, 25°
MF - Medium Flood, 30°
FL - Flood, 40°
Lazy Dog Cafe
AS2
Lighting Design Alliance - Long Beach, CA
HL-360-BZ-8LED-NF-12
HL-360-8LED-NF

6 11/16"
170
35 1 3/8"
2 1/4"
57 H HEVI LITE, INC.
9714 Variel Ave, Chatsworth, CA 91311
Tel., (818) 341-8091 - Fax (818) 998-1986
Web Site http://www.hevilite.com
Fixture Finish Lamping Voltage Options/Access.

Wet/damp/dry location.
e
HL-369
NOTE:

APPROVED:

PROJECT:

CATALOG NUMBER:

TYPE:

MADE IN THE USA

SPECIFICATIONS
DESCRIPTION:

Compact MR16 adjustable accent fixture with
integral angled glare shield. Suitable for
wet/damp/dry location installations.

MATERIAL:

Standard overall material is 6061 aluminum.

HL-369 - Machined Aluminum (Standard)
HL-369-2b - Machined Brass
FINISH:

AA - Anodized Satin Aluminum
AP - Powder Coat Aluminum
BK - Powder Coat Black
BZ - Powder Coat Bronze
WT - Powder Coat White
N - Natural, for Stainless Steel and Brass
HALOGEN LAMPING OPTION:

Lamp Type - 12V halogen MR16 lamp, bi-pin
GX5.3 base, 50W max, not included
(standard).

LED OPTIONS:

Integral high output LED, warm white
(3000K CCT) standard, others available.
3LED - 3W LED
8LED - 8W LED
Optics
SP - Spot, 12º
NF - Narrow Flood, 24º
FL - Flood, 36º
VOLTAGE:
12 - 12 VAC output transformer required,
not included.

MOUNTING:

Fixture is designed with a 1/2-NPS adjustable
mounting stem.

OPTIONS:

Lenses/Louvers/Color Filters
LA-1 - Hexcell Louver (Black)
LA-2 - Prismatic lens
LA-3 - Linear spread lens
LA-4 - Soft focus lens (diffused)
LA-5 - Moonlight lens
LA-6 - Blue lens
See fixture accessories for more information.

SAMPLE ORDER SPECIFICATION:

HL-369-BZ-12-LA-1
RATING:

ORDER SPECIFICATION: _______________ - ________________ - _______________ - _______________ - _______________ THE INFORMATION CONTAINED IN THIS DRAWING IS THE SOLE PROPERTY OF HEVI LITE, INC. ANY REPRODUCTION IN PART OR WHOLE WITHOUT THE WRITTEN PERMISSION OF HEVI LITE, INC. IS PROHIBITED.

HL-369-8LED-NF
Lazy Dog Cafe
AL1, AS3
Lighting Design Alliance - Long Beach, CA
HL-369-BZ-8LED-NF-12

Job/Location:

Contractor: Job Type:

Prepared By: Date:
www.beghel l iusa.com
Series Operation Input Voltage Options
TA-LED-ECO SE (emergency - AC fail only) UNV (120-347V) AT (autotest) SA (self-powered - always on / EM backup)
TB (t-bar mount)
lumen output: 925 lms
specifications: internal dimensions (in,mm)
The TEMPESTATM LED ECO is an emergency light suitable for surface or recessed mount and t-bar. It is available with a choice of operations: SE (emergency only) and SA (AC and emergency). Both the TEMPESTA™ LED ECO SE and SA versions feature a nickel metal hydride battery that provides a minimum 90 minutes emergency duration. Autotest diagnostics is optional on TEMPESTATM LED ECO SE and SA.

TEMPESTATM LED ECO is configured with 120-347V input.

LED boards are positioned for wall mounting when shipped. Boards can be adjusted on-site for ceiling mount installation. Fuse protection is standard. specifications: external
The TEMPESTATM LED ECO series housing is constructed with flame and corrosion resistant polycarbonate. Four vandal resistant clips ensure the integrity of the housing. The TEMPESTA™ LED ECO comes finished in gray RAL7035 color. The external test switch and multi-colored LED allows maintenance personnel to quickly determine the operational status of the unit. The TEMPESTA™ LED ECO diffuser is UV stabilized and provides superior light distribution.

The TEMPESTA™ LED ECO provides 925 lms while requiring only 11 watts to power.
ordering logic

MODEL A B C
S (surface) 17.0" (431.8mm) 6.7" (170mm) 2.9" (73.6mm)
R (recessed) 19.25" (488.95mm) 9.5" (241.3mm) 3.5" (88.9mm) TB (t-bar) 2.75" (603.25mm) 7.5" (190.5mm) 4.0" (101.6mm) EXAMPLE: TA-LED-ECO-SE-UNV-AT
DESCRIPTION: Tempesta™ LED ECO emergency only, 120-347V, surface mount, autotest diagnostics.

A
C
B
12/17/19

BAA/ARRA
B (black housing)
Wet Location Architectural Emergency

TEMPESTA LED ECO TM
IP65 l WET l IK05 l SANITATION LISTED
RK (recessed kit for drywall/concrete-wall/ceiling)

Technical
www.beghel l iusa.com
specifications: battery
high-output design
TEMPESTA™ LED uses high-output Samsung LEDs for energy
efficiency and long life coupled with a 2-channel design allowing for redundant LED
ECO
ECO
operation. The redundant LED operation
ensures the unit will continue to operate at reduced light output in the event one of the LED boards fails. The TEMPESTA™LED is rated for 100,000 hours at L70.

The TEMPESTA™ LED ECO incorporates an efficient, high output lens and reflector. The diffusion lens has been designed to
effectively transmit the greatest amount of lumens with the least transmittal loss. The overall design of the TEMPESTA™ LED ECO results in great performance and increased fixture to fixture spacing. This in turn reduces installation, operational and maintenance costs. warranty
The TEMPESTA™ LED ECO comes with a 3-year factory warranty.

Deliberate damage, misuse, improper installation effectively cancel the warranty.
• 2 lumens in emergency mode
• CCT: 4000K
• Mounting Height: 10 ft.
• Path of Egress: 10 ft.
• Spacing: 42 ft. on Center
• Reflectances: 80/50/20
• Footcandles: Average 1.0FC
42 ft
10 ft
Performance data is an estimate and will vary based on real life applications.

Average 1.0FC, no point less then 0.1FC. Layout assumes open spacewith no obstructions. performance
Steady Green: Normal operation
Flashing Green: Testing under way
Flashing Red/Green: High Charging
Steady Red: Battery Disconnected
Flashing Red: Battery Test Failure
Red Double Blink: Battery Charging Failure
Red Three Blink: LED Failure
12/17/19
operation
autotest
The Beghelli Autotest feature automatically performs one 5 minute discharge test monthly and every 6 months it performs two full discharge tests, 24 hours apart. This tests both full
battery capacity and recharge capability. The information is communicated simply and intuitively to maintenance personnel via a single multicolored LED.
ac input ratings
The TEMPESTA™ LED ECO SE and SA versions comes standard with an environmentally friendly, nickel metal hydride (Ni-Mh) battery that provides a minimum of 90 minutes emergency duration. The primary feature of Ni-Mh batteries is their long life. Ni-Mh batteries are capable of 500 to 1000 charge and discharge cycles and the expected life of the battery is higher than the minimum required by the current technical standards (EN60598-2-22). Ni-Mh batteries are not subject to the “memory effect,” a typical drawback of Ni-Cd batteries, that could result in a reduction in the nominal operation. A further feature of the Ni-Mh batteries is their very high efficiency, more than double that of lead and Ni-Cd batteries.

V
120
Operation
Wattage
(W)

22.00 0.40 22.20 0.25 23.50 0.20

5.80 0.15 6.30 0.10 7.00 0.08
Rated
Current
(A)
Wattage
(W)
Rated
Current
(A)
Wattage
(W)
Rated
Current
(A)
SA
SE
277 347
oltage (VAC)
The TEMPESTA™ LED ECO is available with a choice of operations: SE (emergency only) and SA (AC and emergency). The TEMPESTA™ LED SE (emergency - AC fail only) and SA (always on) comes standard with Ni-MH batteries. Under the SE operation, the unit is normally-off and will illuminate under an AC failure only. SA version is normally-on under SA version is normally-on under normal utility power and the charging circuit maintains the battery at full capacity. The unit may be switched on/off by a built-in 2-wire wall switch control.

Wet Location Architectural Emergency
temperature
The TEMPESTA™ LED ECO SA/ SE operating temperature is 10°C up to 40°C max (50°F/104°F).
sanitation listed (SL)
The TEMPESTA™ LED ECO is sanitation approved. The Intertek verified splash zone listing is certified to the NSF Standard 2, meeting the rigorous sanitation, electrical safety and performance standards of food service environments.

Dimensions:
14”W x 24”H, 17” Proj.

Product/Item #:

Lamping: L-6 (Straight)
1 x 100W/Med. (1 x 12W/Med. LED)
Finish:

Rub Bronze
Project:

Lazy Dog Restaurant
Glass/Fabric:

Natural Horn Glass : WET LOCATION
11070 Fleetwood St. Unit F
Sun Valley, CA 91352
(818)764-5615 Fax: (818)764-7335
www.ModaLighting.com
Email: [email protected]

*All Moda Fixtures are MADE in the USA Page 117 of 238
.
5 3.4375"

2.9375"

7.5"

IL-POD-LWH-3.0-3000K_Brochure_2016-10-28.pdf © 2016 Innovative Lighting, Inc. All rights reserved.

Parameter Value
CCT............................................ 2864 K
Re(R1~R15) ............................... 80
CQS............................................ 85
Illuminance ................................. 3807 lux
Foot Candle................................ 353.7 fc
CIE1931 x................................... 0.4474
CIE1931 y................................... 0.4081
CIE1976 u'.................................. 0.2555
CIE1976 v' .................................. 0.5245
λp................................................ 612 nm λD ............................................... 583 nm Purity(Pe).................................... 57 %
Duv............................................. 0.0003 SP Ratio ..................................... 1.3
PPFD(380-780nm) ..................... 58.53 μmol/㎡/s
TLCI(Qa)..................................... 74.7
GAI ............................................. 49.6
Most efficient of all LED sources
in its class. Flexible conductors,
form to curve, cost less to install,
operate, and maintain.

Part # IL-POD-LWH-3.0-3000K

PRODUCT SPECIFICATIONS

LED PODS

WITH WHITE DIFFUSER LENS
No. E469630
T (972) 721-1177, 2324 Hinton Drive, Irving, Texas 75061-1201 www.Innovative–Lighting.com

LED SYSTEMS CUSTOM DESIGN MANUFACTURING COLD CATHODE SIGNAGE INSTALLATION Lens: Fire-Resistant Injection Molded,
White (Custom colors incur
add’l charges & extended delivery)
Color Temperatures Available:

IL-POD-LWH-3.0-2500K
IL-POD-LWH-3.0-2700K
IL-POD-LWH-3.0-3000K - Chart on Left
IL-POD-LWH-3.0-3500K
IL-POD-LWH-3.0-4000K
IL-POD-LWH-3.0-5000K
Color Rendering Index: 90
Lumen Output:
309 per Foot (1013.8 per Meter)
Circuit Type: Constant Voltage
12V - Can be cut every 2.00”
24V - Can be cut every 4.00”
Class 2 Power Unit Only
Input Voltage: Maximum 13.8V
Maximum Power Consumption:

3.00 Watts per Foot (7.20 per Meter)
POD Length: 2.45Ý
PP

Beam Angle: 120°
Maximum Surge Protection:
(For Short Periods) up to 18V
Operating Temperature Range:
-4°F to 122°F (-20°C to 50°C)
Dimming: Consistently to 1% with
Innovative Lighting, Inc LED Drivers
(See LED Driver Information Sheets)
IC Based Constant Current Regulator
with Temperature Compensation Circuits
/HQJWKVIURPÝWR
Ý
(152.4mm to 2438.4mm)
Patent-Licensed LEDs
Total Quality-Controlled
Manufacturing Process
Three-Stage Binning System
Suitable for Wet Locations.

Use Only with Class 2 Power Unit
Suitable for Cove Lighting
Suitable for Installation in the Storage
Area of Clothes Closet
Suitable for Cabinet or Under Cabinet Use
Type:

Color Temp:

Date:

WPLED18
Need help? Tech help line: (888) 722-1000 Email: [email protected] Website: www.rablighting.com Copyright © 2022 RAB Lighting All Rights Reserved Note: Specifications are subject to change at any time without notice

Ultra-high efficiency LED 18 Watt wall pack. patent-pending thermal management system. 100,000 hour L70 lifespan. 5-year, no-compromise warranty.

Color: Bronze Weight: 6.9 lbs
Project: Type:

Prepared By: Date:

Driver Info
Type Constant Current
120V 0.15A
208V 0.09A
240V 0.08A
277V 0.07A
Input Watts 21W
LED Info
Watts 18W
Color Temp 5000K (Cool)
Color Accuracy 70 CRI
L70 Lifespan 100,000 Hours
Lumens 2,859
Efficacy 136.1 lm/W
Technical Specifications
Compliance
UL Listed:

Suitable for wet locations. Suitable for mounting
within 1.2m (4ft) of the ground.

IESNA LM-79 & LM-80 Testing:

RAB LED luminaires and LED components have been
tested by an independent laboratory in accordance
with IESNA LM-79 and LM-80.

DLC Listed:

This product is on the Design Lights Consortium
(DLC) Qualified Products List and is eligible for
rebates from DLC Member Utilities. Designed to
meet DLC 5.1 requirements.

DLC Product Code: P0000176N
Performance
Lifespan:
100,000-Hour LED lifespan based on IES LM-80
results and TM-21 calculations
LED Characteristics
LED:

Multi-chip, high-output, long-life LED
Color Consistency:
7-step MacAdam Ellipse binning to achieve
consistent fixture-to-fixture color
Color Stability:

LED color temperature is warrantied to shift no more
than 200K in color temperature over a 5-year period
Color Uniformity:

RAB's range of Correlated Color Temperature follows
the guidelines of the American National Standard for
Specifications for the Chromaticity of Solid State
Lighting (SSL) Products, ANSI C78.377-2017.

Construction
Maximum Ambient Temperature:

Suitable for use in up to 40°C (104°F)
Cold Weather Starting:

Minimum starting temperature is -40°C (-40°F)
Thermal Management:

Superior heat sinking with external Air-Flow fins
Finish:

Our environmentally friendly polyester powder
coatings are formulated for high-durability and longlasting color Reflector:

Semi-specular, vacuum-metalized polycarbonate
Gaskets:

High-temperature silicone gaskets

WPLED18
Need help? Tech help line: (888) 722-1000 Email: [email protected] Website: www.rablighting.com Copyright © 2022 RAB Lighting All Rights Reserved Note: Specifications are subject to change at any time without notice

Technical Specifications (continued)
Construction
Housing:

Die-cast aluminum housing, lens frame and
mounting arm
Mounting:

Heavy-duty mounting arm with "O" ring seal &
stainless steel screws
Green Technology:

Mercury and UV free. RoHS-compliant components.

Other
Equivalency:

Equivalent to 100W Metal Halide
Patents:

The design of WPLED18 is protected by US patent
D608,040, Canada patent 138280, and China patent
CN301649064S
Warranty:

RAB warrants that our LED products will be free from
defects in materials and workmanship for a period of
five (5) years from the date of delivery to the end
user, including coverage of light output, color
stability, driver performance and fixture finish. RAB's warranty is subject to all terms and conditions found
at rablighting.com/warranty.

Replacement:

Replaces 150W Metal Halide
Buy American Act Compliance:

RAB values USA manufacturing! Upon request, RAB
may be able to manufacture this product to be
compliant with the Buy American Act (BAA). Please
contact customer service to request a quote for the
product to be made BAA compliant.

Electrical
Driver:

Constant Current, Class 2, 120-277V, 50/60Hz, 120V:

0.15A, 208V: 0.09A, 240V: 0.08A, 277V 0.07A
Dimming Driver:

Driver includes dimming control wiring for 0-10V
dimming systems. Requires separate 0-10V DC
dimming circuit. Dims down to 10%.

THD:

14.21% at 120V, 10.51% at 277V
Power Factor:

97.4% at 120V, 95.1% at 277V
Optical
BUG Rating:

B1 U0 G0
Dimensions Features
Ultra-high efficiency LED 18 Watt wall pack
Replaces 100W Metal Halide Wall packs
100,00-Hour LED Lifespan
5-Year, No-Compromise Warranty

WPLED18
Need help? Tech help line: (888) 722-1000 Email: [email protected] Website: www.rablighting.com Copyright © 2022 RAB Lighting All Rights Reserved Note: Specifications are subject to change at any time without notice

Ordering Matrix
Family Wattage Color Temp Finish Emergency Battery Backup Options Other Options WPLED 18
18 = 18W Blank = 5000K Cool
N = 4000K Neutral
Y = 3000K Warm
Blank = Bronze
W = White
Blank = No Battery Backup
/E = Standard Battery Backup
/EC = Battery Backup with Cold Start
Blank = No Option
/PCS = 120V Swivel Photocell
/PC = 120V Button Photocell
/PC2 = 277V Button Photocell
Blank = Standard
USA = BAA Compliant

H HEVI LITE, INC.
9714 Variel Ave, Chatsworth, CA 91311
Tel., (818) 341-8091 - Fax (818) 998-1986
Web Site http://www.hevilite.com
HL-340-2X
NOTE:

APPROVED:

PROJECT:

CATALOG NUMBER:

TYPE:

Fixture Finish Lamping Voltage Options/Access.

SPECIFICATIONS
DESCRIPTION:

Wall mount Up/Down MR16 accent fixture.

Suitable for wet/damp/dry location installations.

MATERIAL:

Standard overall material is 6061 aluminum.

HL-340-2X - Machined Aluminum (Standard)
HL-340-2X-2b - Machined Brass
FINISH:

AA - Anodized Satin Aluminum
AP - Powder Coat Aluminum
BK - Powder Coat Black
BZ - Powder Coat Bronze
WT - Powder Coat White
N - Natural, for Stainless Steel and Brass
VOLTAGE:
12 - 12 VAC output transformer required,
not included.

MOUNTING:

Fixture is equipped with a 4.75" mounting plate
and (2) mounting screws.

OPTIONS:

Glare shields
GL-10 - Short Angled, aluminum
GL-11 - Angled, aluminum
GL-12 - Angled, brass
GL-13 - Straight, aluminum
GL-14 - Straight, brass
Lenses/Louvers/Color Filters
LA-1 - Hexcell Louver (Black)
LA-2 - Prismatic lens
LA-3 - Linear spread lens
LA-4 - Soft focus lens (diffused)
LA-5 - Moonlight lens
LA-6 - Blue lens
See fixture accessories for more information.

SAMPLE ORDER SPECIFICATION:

HL-340-2X-BZ-12-LA-5
RATING:

Wet/damp/dry location.
e MADE IN THE USA
ORDER SPECIFICATION: _______________ - ________________ - _______________ - _______________ - _______________ THE INFORMATION CONTAINED IN THIS DRAWING IS THE SOLE PROPERTY OF HEVI LITE, INC. ANY REPRODUCTION IN PART OR WHOLE WITHOUT THE WRITTEN PERMISSION OF HEVI LITE, INC. IS PROHIBITED.

HALOGEN LAMPING OPTION:

Lamp Type - 12V halogen MR16 lamp, bi-pin
GX5.3 base, 50W max, not included (standard).

LED OPTIONS
Integral high output LED, warm white 85 CRI
(3000K CCT) standard, others available.
3LED - 3W LED - 180 lumens
8LED - 8W LED - 300 lumens
8LED-E - 8.4W LED - 565 lumens
OPTICS
3LED and 8LED:

SP - Spot, 12°
NF - Narrow Flood, 24°
FL - Flood, 36°
8LED-E:

SP - Spot 14°
NF - Narrow Flood, 25°
MF - Medium Flood, 30°
FL - Flood, 40°
8 9/16"
217
3 3/8"
86 4 3/4"
121
2 1/4"
57 HL-340-2X-8LED-NF
Lazy Dog Cafe
WS1
Lighting Design Alliance - Long Beach, CA
HL-340-2X-BZ-8LED-NF-12

Sand Creek rd
brentwood, ca 94513 SHEET NUMBER SHEET TITLE 3337 SUSAN STREET, SUITE 100 COSTA MESA, CA 92626 PHONE: 714.596.9960 FAX: 714.596.9970 www.lazydogrestaurants.com JOB NO. CHECKED BY DRAWN BY SCALE SIGHTLINE VIEW 1 SIGHTLINE EXHIBIT LEGAND DD4.4 SIGHTLINE VIEW 2 1 2 1 2 Page 124 of 238 Sand Creek rd
brentwood, ca 94513 SHEET NUMBER SHEET TITLE 3337 SUSAN STREET, SUITE 100 COSTA MESA, CA 92626 PHONE: 714.596.9960 FAX: 714.596.9970 www.lazydogrestaurants.com JOB NO. CHECKED BY DRAWN BY SCALE SIghtLINE across sand creek rd. SIGHTLINE EXHIBIT LEGAND DD4.5Page 125 of 238 Sand Creek rd
brentwood, ca 94513 SHEET NUMBER SHEET TITLE 3337 SUSAN STREET, SUITE 100 COSTA MESA, CA 92626 PHONE: 714.596.9960 FAX: 714.596.9970 www.lazydogrestaurants.com JOB NO. CHECKED BY DRAWN BY SCALE SIghtLINE VIEW 3 SIGHTLINE EXHIBIT LEGAND DD4.5 33 Page 126 of 238 From: Larry Cannon <[email protected]>
Sent: Friday, May 19, 2023 3:21 PM
To: Contreras, Miguel
Subject: Re: Lazy Dog
CAUTION – EXTERNAL SENDER
Miguel
The proposed structure is much flatter with less faced depth than the other restaurants across the street. It is basically a box with a flat parapet while other nearby structures have much more variety in terms of parapet heights and roof forms.

In terms of the city's design guidelines, there are not many that are applicable to this building. But two of them seem applicable. One could argue that the box-like form and reduced entry tower would not be consistent with the guidelines.

Larry
5 Utilize interesting building forms.
a) Include vertical tower accents and other features to provide variety.
b) Visual landmarks are especially encouraged on corners near public streets.
c) Utilize similar and related building forms, materials and colors for multi-building complexes.
d) Use sloped roofs, rather than flat roofs, whenever
possible. If flat roofs are used, vary wall and parapet heights, use shaped parapets, and provide a projecting
wall cap.
e) Provide well-defined building entries.
6 Utilize a variety of heights and wall planes
a) Avoid large boxlike structures.
b) Provide horizontal and vertical changes in the wall
planes.
c) Vary the height of building masses.

d) Use taller elements to accent building entries.

Larry Cannon

CANNON DESIGN GROUP
(415) 331-3795
On Friday, May 19, 2023 at 03:03:05 PM PDT, Contreras, Miguel <[email protected]> wrote:

Thank you for getting this to me and for the fast turnaround. A few follow up questions:
• What is your opinion/thoughts on the new design in the context of the site? That is to say abutting the Sand Creek Crossing commercial center and across the street from the Streets of Brentwood?
• Would you say it adheres to the City’s Design Guidelines? MC
From: Larry Cannon [mailto:[email protected]]
Sent: Friday, May 19, 2023 2:39 PM
To: Contreras, Miguel <[email protected]>
Subject: Re: Lazy Dog

CAUTION – EXTERNAL SENDER
Hi Miguel
I was able to start and finish this review ahead of when I anticipated. See attached PDF which is 11" x 17" in sheet size.

I have reviewed several Lazy Dog Restaurants. Most were of the same design and reflective of their standard prototypes. This one is so much different and pared down in scale and detail. I can only guess that it is either a new corporate prototype or more likely stripped down in this specific location to reduce costs. That, however, would be

quite unusual since corporate franchises like this are usually very strict on following the standard approved prototypes.

In addition to stripping away the usual landmark tower feature, parapet walls are lower, windows are smaller, details have been removed and the exterior wall articulation is much flatter than the other Lazy Dog structures that I have reviewed.

Larry
Larry Cannon

CANNON DESIGN GROUP
(415) 331-3795
On Tuesday, May 16, 2023 at 03:59:11 PM PDT, Contreras, Miguel <[email protected]> wrote:

Larry,
The applicant will be sending me a check. Go ahead with your review.

MC
From: Larry Cannon [mailto:[email protected]]
Sent: Tuesday, May 16, 2023 11:30 AM
To: Contreras, Miguel <[email protected]>
Subject: Re: Lazy Dog

CAUTION – EXTERNAL SENDER

SITE
SITE
Red Robin Restaurant Streets of Brentwood Pad Building BJs Restaurant Black Angus Restaurant Adjacent Shopping Center Adjacent Shopping Center
Streets of Brentwood Shopping Center
across Sand Creek Road
Site Context

PAD BUILDINGS IMMEDIATELY ACROSS SAND CREEK ROAD

LAZY DOG BRENTWOOD
CANNON DESIGN GROUPMay 19, 2023

Brentwood Lazy Dog
Proposal and RecommendationsJanuary 2023Brentwood Lazy DogMay 2023 Typical Floor Plan
Brentwood Lazy Dog
Previous Floor Plan 2019
Proposed Floor Plan | January 2023 New Floor Plan | May 2023 West Elevation South Elevation North Elevation East Elevation Trellises
Trellises
Use stone andproject walls formore articulationSee south elev note Use stone andproject walls formore articulation
Provide some depth
to the stone pilasters Provide some depth
to the stone pilasters
Use stone pilastersand infill panels likeSouth Elevation Use stone pilastersand infill panels likeSouth Elevation Patio is smaller
Parapet height reduced by 6 ft.

Tower height
reduced by 12 ft.
and details reduced
Windows smaller and
details eliminated
Stone wall
eliminated
Typical Lazy Dog
Increase pilaster and wall depth
Typical all facades
Increase pilaster and wall depth
Typical all facades Recommendations
Restore previous details
Add stone pilaster
Articulation of the walls is much less
than other similar buildings nearby
LAZY DOG BRENTWOODCANNON DESIGN GROUPMay 19, 2023

Proposed Mitigated Negative Declaration for the
SR‐4 Bypass Authority Surplus Property Project
Lead Agency: City of Brentwood
150 City Park Way
Brentwood, CA 94513
Project Title: SR‐4 Bypass Authority Surplus Property Project Project Location: The project site consists of approximately 5.3 acres located in the northwestern quadrant of the City of Brentwood, bounded by SR‐4 to the west, Sand Creek Road to the north, San Jose Avenue to the south, and commercial lots to the east. The project site can be identified by its City of Brentwood Assessor’s Parcel Numbers (APNs) 019‐110‐023 and 019‐110‐050.

Project Description: The 5.3‐acre site is located at the southeast corner of Sand Creek Road and SR‐4, in Brentwood, CA. There is currently no development application pending for the site. The City of Brentwood desires preparation of an “umbrella” CEQA document for the project site, which would streamline future development of the site with appropriate regional commercial uses without having to undertake subsequent CEQA review, if and when a project application for site development is received. There are no specific development plans or development proposals currently being processed by the City of Brentwood for the project site.

Given the project site’s General Plan land use designation (Regional Commercial) and proposed zoning (PD‐6) P.A. 3 Regional Commercial, upon future development, the project site could include a commercial use at no greater than the maximum intensity/density allowed by the Regional Commercial land use designation and the PD‐6 zoning provisions. As provided in the City of Brentwood Municipal Code Section 17.456.003, any future development on the project site would not be allowed to exceed a height of 50 feet/3 stories, and the minimum required lot size is 5,000 square feet. The maximum Floor Area Ratio (FAR) is 0.45 (as provided in Table 2.0‐2 of the City of Brentwood General Plan EIR). Based on the size of the project site (5.3 acres) and the maximum FAR, a future commercial project on the site could be developed with a maximum of 103,890 square feet of commercial space. Given the required number of parking spaces as provided in the City of Brentwood Municipal Code (1 parking space per 200 square feet of commercial floor space), if the project site were developed at its maximum capacity, the site would also require approximately 520 parking spaces.

Findings:

In accordance with the California Environmental Quality Act, the City of Brentwood has prepared an Initial Study to determine whether the SR‐4 Bypass Authority Surplus Property Project may have a significant adverse effect on the environment. The Initial Study and Proposed Mitigated Negative Declaration reflect the independent judgment of City of Brentwood staff. On the basis of the Initial Study, the City of Brentwood hereby finds:

Although the proposed project could have a significant adverse effect on the environment, there will not be a significant adverse effect in this case because the project has incorporated specific provisions to reduce impacts to a less than significant level and/or the mitigation measures described herein have been added to the project. A Mitigated Negative Declaration has thus been prepared.

The Initial Study, which provides the basis and reasons for this determination, is attached and/or referenced herein and is hereby made a part of this document.

Date

Proposed Mitigation Measures:

The following Mitigation Measures are extracted from the Initial Study. These measures are designed to avoid or minimize potentially significant impacts, and thereby reduce them to an insignificant level. A Mitigation Monitoring and Reporting Program (MMRP) is an integral part of project implementation to ensure that mitigation is properly implemented by the City of Brentwood and the implementing agencies. The MMRP will describe actions required to implement the appropriate mitigation for each CEQA category including identifying the responsible agency, program timing, and program monitoring requirements. Based on the analysis and conclusions of the Initial Study, the impacts of proposed project would be mitigated to less‐than‐significant levels with the implementation of the mitigation measures presented below.

Mitigation Measure AES‐1: Prior to construction of the proposed project, the developer shall coordinate with the City of Brentwood Planning Commission to ensure that significant new sources of glare are not generated by the proposed project. This may include, but is not limited to, ensuring that the number of and/or location of windows and/or other potential sources of daytime glare that are generated by proposed project buildings, such as reflective siding or other building materials,  do not adversely affect day or nighttime views in the area.

Mitigation Measure AES‐2: In conjunction with development of the proposed project, the developer shall shield all on‐ site lighting so that nighttime lighting is directed within the project site and does not illuminate adjacent properties. A detailed lighting plan shall be submitted for the review and approval by the Community Development Department and the Public Works Department in conjunction with  the project improvement plans. The lighting plan shall indicate the locations and design of the shielded light fixtures.

Mitigation Measure AG‐1: The Project applicant must preserve agricultural lands by paying an in‐lieu fee established by City Council resolution. The fee may be adjusted annually but may not be increased by more than ten percent during any twelve‐month period.

Mitigation Measure AIR‐1: Prior to the issuance of a grading permit, the Applicant/Developer shall prepare an Erosion Prevention and Dust Control Plan.  The plan shall be followed by the project’s grading contractor and submitted to the Public Works Department, which will be responsible for field verification of the plan during construction.

The  plan  shall  comply with  the  City’s  grading  ordinance  and  shall  include  the  following  control measures  and  other measures as determined by the Public Works Department to be necessary for the proposed project:
 Cover all trucks hauling construction and demolition debris from the site;  Water all exposed or disturbed soil surfaces at least twice daily;  Use watering to control dust generation during demolition of structures or break‐up of pavement;  Pave,  apply  water  three  times  daily,  or  apply  (non‐toxic)  soil stabilizers  on  all  unpaved  parking  areas  and staging areas;
 Sweep daily (with water sweepers) all paved parking areas and staging areas;  Provide daily clean‐up of mud and dirt carried onto paved streets from the site;  Enclose, cover, water twice daily or apply non‐toxic soil binders to exposed stockpiles (dirt, sand, etc.);  Limit traffic speeds on unpaved roads to 15 mph;
 Install sandbags or other erosion control measures to prevent silt runoff to public roadways;  Replant vegetation in disturbed areas as quickly as possible;  Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site;
 Install wind breaks, or plant trees/vegetative wind breaks at windward side(s) or construction areas;  Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 mph;  Limit the area subject to excavation, grading, and other construction activity at any one time;  Unnecessary idling of construction equipment shall be avoided;

 Equipment engines shall be maintained in proper working condition per manufacturers’ specifications;  During  periods  of  heavier  air  pollution  (May  to  October),  the  construction  period  shall  be  lengthened  to minimize the amount of equipment operating at one time;  Where feasible, the construction equipment shall use cleaner fuels, add‐on control devices and conversion to cleaner engines.

Mitigation Measure AIR‐2: To the extent feasible, construction employees shall be hired from local populations, since it  is more  likely  that  they  have  been  previously  exposed  to  the  fungus  which  causes  Valley  Fever  and  are  therefore immune.

Mitigation Measure  AIR‐3: During  periods  of  high  dust  in  the  grading  phase,  crews must use National Institute  for Occupational  Safety  and  Health  (NIOSH)  approved  N95  masks  or  better  or  other  more  stringent  measures  in accordance with the California Division of Occupational Safety and Health regulations.

Mitigation Measure AIR‐4: The operator cab of area grading and construction equipment must be enclosed and air‐ conditioned.

Mitigation Measure BIO‐1: ECCCHCP. Prior to the issuance of grading or construction permits for the project site, the developer  shall  submit  an  application  and  obtain  coverage  under  the  ECCCHCP.  This  will  include  payment  of  the applicable  ECCCHCP  per‐  acre  fee  in  effect  for  Zone  I  in  compliance  with  Section  16.168.070  of  the  Brentwood Municipal  Code.  The  developer  shall  receive  a  Certificate  of  Coverage  from  the  City  of  Brentwood  and  submit  a construction monitoring report to the ECCC Habitat Conservancy for review and approval. The Certificate of Coverage will confirm the fee has been received, that other ECCC HCP/NCCP requirements have been met or will be performed, and will authorize take of covered species.

Mitigation  Measure  BIO‐2a:  San  Joaquin  Kit  Fox.  Prior  to  any  ground  disturbance  related  to  covered  activities,  a USFWS/CDFW‐approved biologist shall conduct a preconstruction survey in areas identified in the planning surveys as supporting  suitable  breeding  or  denning  habitat  for  San  Joaquin  kit  fox. The  surveys  shall  establish  the  presence  or absence of San Joaquin kit foxes and/or suitable dens and evaluate use by kit foxes in accordance with USFWS survey guidelines (U.S. Fish and Wildlife Service, 1999). Preconstruction surveys shall be conducted within 30 days of ground disturbance. On the parcel where the activity is proposed, the biologist shall survey the proposed disturbance footprint and a 250‐foot  radius  from  the perimeter of  the proposed  footprint  to identify San  Joaquin kit  foxes and/or suitable dens. Adjacent parcels under different land ownership will not be surveyed. The status of all dens shall be determined and  mapped.  Written  results  of  preconstruction  surveys  shall  be  submitted  to  USFWS  within  5  working  days  after survey completion and before the start of ground disturbance. Concurrence is not required prior to initiation of covered activities. If San  Joaquin kit  foxes  and/or  suitable  dens  are identified in  the  survey  area, Mitigation Measure BIO‐2b shall be implemented.

Mitigation  Measure  BIO‐2b:    San  Joaquin  Kit  Fox.  If  a  San  Joaquin  kit  fox  den  is  discovered  in  the  proposed development footprint, the den shall be monitored for 3 days by a USFWS/CDFW– approved biologist using a tracking medium  or  an  infrared  beam  camera  to  determine  if  the  den  is  currently  being  used.  Unoccupied  dens  shall  be destroyed  immediately  to  prevent  subsequent  use.  If  a  natal  or  pupping  den  is  found,  USFWS  and  CDFW  shall  be notified immediately. The den shall not be destroyed until the pups and adults have vacated and then only after further consultation with USFWS and CDFW.

If  kit  fox  activity  is  observed  at  the  den  during  the  initial  monitoring  period,  the  den  shall  be  monitored  for  an additional five consecutive days from the time of the first observation to allow any resident animals to move to another den  while  den  use  is  actively  discouraged.  For  dens  other  than  natal  or  pupping  dens,  use  of  the  den  can  be discouraged by partially plugging the entrance with soil such that any resident animal can easily escape. Once the den is determined to be unoccupied it may be excavated under the direction of the biologist. Alternatively, if the animal is

still present after five or more consecutive days of plugging and monitoring, the den may have to be excavated when, in the judgment of a biologist, it is temporarily vacant (i.e., during the animal’s normal foraging activities).

If dens are identified in the survey area outside the proposed disturbance footprint, exclusion zones around each den entrance  or  cluster  of  entrances  shall  be  demarcated.  The  configuration  of  exclusion  zones  shall  be  circular,  with  a radius  measured  outward  from  the  den  entrance(s).  No  covered  activities  shall  occur  within  the  exclusion  zones.

Exclusion zone radii for potential dens shall be at least 50 feet and will be demarcated with four to five flagged stakes.

Exclusion zone radii  for known dens shall be at least 100 feet and will be demarcated with staking and  flagging that encircles each den or cluster of dens but does not prevent access to the den by kit fox.

Mitigation  Measure  BIO‐3a:  Burrowing  Owl.  Prior  to  any  ground  disturbance  related  to  covered  activities,  a USFWS/CDFW‐approved biologist shall conduct a preconstruction survey in areas identified in the planning surveys as having potential burrowing owl habitat. The surveys shall establish the presence or absence of Western Burrowing Owl and/or habitat features and evaluate use by owls in accordance with CDFW survey guidelines (California Department of Fish and Game,  1995).

On the parcel where the activity is proposed, the biologist shall survey the proposed disturbance footprint and a 500‐ foot radius from the perimeter of the proposed footprint to identify burrows and owls. Adjacent parcels under different land  ownership  will  not  be  surveyed.  Surveys  shall  take  place  near  sunrise  or  sunset  in  accordance  with  CDFW guidelines. All burrows or  burrowing  owls  shall  be identified  and mapped. Surveys  shall  take  place  no more  than  30 days  prior  to  construction.  During  the  breeding  season  (February  1–  August  31),  surveys  shall  document  whether burrowing owls are nesting in or directly adjacent to disturbance areas. During the nonbreeding season (September 1– January  31),  surveys  shall  document  whether  burrowing  owls  are  using  habitat  in  or  directly  adjacent  to  any disturbance area. Survey results shall be valid only for the season (breeding or nonbreeding) during which the survey is conducted.  Copies  of  both  surveys  shall  be  submitted  to  ECCC  Habitat  Conservancy  and  the  City  for  review  and approval.

Mitigation Measure  BIO‐3b:  Burrowing  Owl.  If  burrowing  owls  are  found  during  the  breeding  season  (February  1– August 31), the project proponent shall avoid all nest sites that could be disturbed by project construction during the remainder  of  the  breeding  season  or  while  the  nest  is  occupied  by  adults  or  young.  Avoidance  shall  include establishment of a non‐ disturbance buffer zone (described below). Construction shall occur during the breeding season if a qualified biologist monitors  the nest and determines  that the birds have not begun egg‐laying and incubation or that the juveniles from the occupied burrows have fledged. During the nonbreeding season (September 1– January 31), the  project  proponent  shall  avoid  the  owls  and  the  burrows  they  are  using,  if  possible.  Avoidance  shall  include  the establishment of a buffer zone (described below).

During  the  breeding  season,  buffer  zones  of  at  least  250  feet  in  which  no  construction  activities  can  occur  shall  be established around each occupied burrow (nest site). Buffer zones of 160 feet shall be established around each burrow being  used  during  the  nonbreeding  season. The  buffers  shall  be delineated  by  highly visible,  temporary  construction fencing.

If  occupied  burrows  for  burrowing  owls  are  not  avoided,  passive  relocation  shall  be  implemented.  Owls  shall  be excluded from burrows in the immediate impact zone and within a 160‐foot buffer zone by installing one‐way doors in burrow entrances. These doors shall be in place for 48 hours prior to excavation. The project area shall be monitored daily  for a week  to confirm  that  the owl has abandoned  the burrow. Whenever possible burrows shall be excavated using hand tools and refilled to prevent reoccupation (California Department of Fish and Game, 1995). Plastic tubing or a similar structure shall be inserted in the tunnels during excavation to maintain an escape route for any owls inside the burrow.

Mitigation Measure BIO‐4a: Swainson’s Hawk. Prior to any ground disturbance during the nesting season (March 15‐ September 15), a qualified biologist shall conduct a preconstruction survey no more than 1 month prior to construction

to establish whether Swainson’s hawk nests within 1,000 feet of the project site are occupied. If potentially occupied nests within  1,000  feet  of  the  project  site  are  found,  then  their  occupancy  shall  be  determined  by  observation  from public roads or by observations of Swainson’s hawk activity (e.g., foraging) near the project site. If nests are occupied, minimization measures and construction monitoring are required (as provided in Mitigation Measure BIO‐4b, below). A copy  of  the  preconstruction  survey  shall  be  submitted  to  the ECCC Habitat  Conservancy  and  the  City  for  review  and approval.

Mitigation  Measure  BIO‐4b:  Swainson’s  Hawk.  If  occupied  nests  are  located  within  1,000  feet  of  the  project  site, during the Swainson’s hawk nesting season (March 15–September 15), covered activities within 1,000 feet of occupied nests  or  nests  under  construction  shall  be  prohibited  to  prevent  nest  abandonment. If  site‐specific  conditions  or  the nature  of  the  covered  activity  (e.g.,  steep  topography,  dense  vegetation,  limited  activities)  indicate  that  a  smaller buffer  could  be  used,  the  Implementing  Entity  shall  coordinate  with  California  Department  of  Fish  and  Wildlife (CDFW)/United  States  Fish  and  Wildlife  (USFWS)  to  determine  the  appropriate  buffer  size.  If  young  fledge  prior  to September 15, covered activities can proceed normally. If the active nest site is shielded from view and noise from the project site by other development, topography, or other features, the project applicant can apply to the ECCC Habitat Conservancy and  the City  for a waiver of  this avoidance measure. Any waiver must also be approved by USFWS and CDFW. While the nest is occupied, activities outside the buffer can take place. No trees shall be removed during project construction. All active nest trees shall be preserved on site, if  feasible. Nest trees, including non‐native trees, lost to covered  activities  shall  be mitigated  by  the  project  proponent according  to  the  requirements  of Mitigation Measure BIO‐4c (below).

Mitigation Measure BIO‐4c: Swainson’s Hawk. The loss of non‐riparian Swainson’s hawk nest trees shall be mitigated prior to project operation by the project proponent by:

If  feasible  on‐site,  planting  15  saplings  for  every  tree  lost  with  the  objective  of  having  at  least  5  mature  trees established for every tree lost according to the requirements listed below, and either:

1.    Pay  the  Implementing  Entity  an  additional  fee  to  purchase,  plant,  maintain,  and  monitor  15  saplings  on  the HCP/NCCP Preserve System for every tree lost according to the requirements listed below, OR

2.  The project proponent will plant, maintain, and monitor 15 saplings for every tree lost at a site to be approved by the  Implementing  Entity  (e.g.,  within  an  HCP/NCCP  Preserve  or  existing  open  space  linked  to  HCP/NCCP  preserves), according to the requirements listed below.

The following requirements shall be met for all planting options:
 Tree survival shall be monitored at least annually  for 5 years,  then every other year until year 12. All  trees lost during the first 5 years will be replaced.  Success will be reached at the end of 12 years if at least 5 trees per tree lost survive without supplemental irrigation or protection from herbivory. Trees must also survive for at least three years without irrigation.
 Irrigation and fencing to protect from deer and other herbivores may be needed for the first several years to ensure maximum tree survival.
 Native trees suitable for this site should be planted. When site conditions permit, a variety of native trees will be planted for each tree lost to provide trees with different growth rates, maturation, and life span, and to provide  a variety  of  tree  canopy  structures  for Swainson’s  hawk. This variety will  help  to ensure  that  nest trees will be available in the short term (5‐10 years for cottonwoods and willows) and in the long term (e.g., Valley oak, sycamore). This will also minimize the temporal loss of nest trees.  Riparian woodland restoration conducted as a result of covered activities (i.e., loss of riparian woodland) can be used to offset the nest tree planting requirement above, if the nest trees are riparian species.

 Whenever  feasible  and  when  site  conditions  permit,  trees  should  be  planted  in  clumps  together  or  with existing trees to provide larger areas of suitable nesting habitat and to create a natural buffer between nest trees and adjacent development (if plantings occur on the development site).  Whenever feasible, plantings on the site should occur closest to suitable foraging habitat outside the UDA.

Trees  planted  in  the  HCP/NCCP  preserves  or  other  approved  offsite  location  will  occur  within  the  known  range  of Swainson’s hawk in the inventory area and as close as possible to high‐quality foraging habitat.

Mitigation  Measure  CL‐1:  Prior  to  grading  permit  issuance,  the  developer  shall  submit  plans  to  the  Community Development  Department  for  review  and  approval  which  indicate  (via  notation  on  the  improvement  plans)  that  if historic and/or cultural resources are encountered during site grading or other site work, all such work shall be halted immediately  within  the  area  of  discovery  and  the  developer  shall  immediately  notify  the  Community  Development Department of the discovery. In such case, the developer shall be required, at their own expense, to retain the services of  a  qualified  archaeologist  for  the  purpose  of  recording,  protecting,  or  curating  the  discovery  as  appropriate.   The archaeologist shall be required to submit to the Community Development Department for review and approval a report of the findings and method of curation or protection of the resources. Further grading or site work within the area of discovery would not be allowed until the preceding work has occurred.

Mitigation Measure CL‐2: Pursuant to State Health and Safety Code §7050.5 (c) State Public Resources Code §5097.98, if human bone or bone of unknown origin is found during construction, all work shall stop in the vicinity of the find and the Contra Costa County Coroner shall be contacted immediately. If the remains are determined to be Native American, the coroner shall notify the Native American Heritage Commission who shall notify the person believed to be the most likely descendant. The most likely descendant shall work with the contractor to develop a program for re‐internment of the human remains and any associated artifacts. Additional work is not to take place within the immediate vicinity of the find until the identified appropriate actions have been implemented.

Mitigation  Measure  GEO‐1:  All  project  buildings  shall  be  designed  in  conformance  with  the  current  edition  of  the California Building Code (CBC).

Mitigation Measure GEO‐2:  All  grading  and  foundation  plans  for  the  development  shall  be  designed  by  a  Civil  and Structural Engineer and reviewed and approved by the Director of Public Works/City Engineer, Chief Building Official, and a qualified Geotechnical Engineer prior to issuance of grading and building permits to ensure that all geotechnical recommendations specified in the geotechnical report are properly incorporated and utilized in the project design.

Mitigation Measure GEO‐3: Prior to grading permit issuance, the applicant shall submit a final geotechnical evaluation of  the  project  site  that  analyzes  soil  stability  including  soil  expansion,  and  the  potential  for  lateral  spreading, subsidence, liquefaction or collapse. The report shall identify any on site soil and seismic hazards and provide design recommendations for onsite soil and seismic conditions. The geotechnical evaluation shall be reviewed and approved by the Director of Public Works/City Engineer, Chief Building Official, and a qualified Geotechnical Engineer to ensure that  all  geotechnical  recommendations  specified in  the  geotechnical  report  are  properly incorporated  and  utilized in the project design.

Mitigation Measure GEO‐4:  Prior  to  grading  permit  issuance,  the  applicant  shall  submit a  final  grading  plan  to  the Director  of  Public  Works/City  Engineer  for  review  and  approval.  If  the  grading  plan  differs  significantly  from  the proposed grading illustrated on the approved project plans, plans that are consistent with the new revised grading plan shall be provided for review and approval by the Director of Public Works/City Engineer.

Mitigation Measure GEO‐5: Any applicant for a grading permit shall submit an erosion control plan to the Director of Public Works/City Engineer  for  review  and  approval. The  plan  shall  identify  protective measures  to  be  taken  during construction,  supplemental  measures  to  be  taken  during  the  rainy  season,  the  sequenced  timing  of  grading  and

construction, and subsequent revegetation and landscaping work to ensure water quality in creeks and tributaries in the General Plan Area is not degraded  from its present level. All protective measures shall be shown on  the grading plans and specify the entity responsible for completing and/or monitoring the measure and include the circumstances and/or timing for implementation.

Mitigation  Measure  GEO‐6:  Grading,  soil  disturbance,  or  compaction  shall  not  occur  during  periods  of  rain  or  on ground that contains freestanding water. Soil that has been soaked and wetted by rain or any other cause shall not be compacted  until  completely  drained  and  until  the moisture  content  is within  the  limit  approved  by  a Soils Engineer.

Approval  by  a  Soils  Engineer  shall  be  obtained  prior  to  the  continuance  of  grading  operations.  Confirmation  of  this approval shall be provided to the Public Works Department prior to commencement of grading.

Mitigation Measure HAZ‐1: Prior to initiation of any ground disturbance activities, evenly distributed soil samples shall be conducted throughout the proposed project property for analysis of pesticides and heavy metals.  The samples shall be submitted for laboratory analysis of pesticides and heavy metals per DTSC and EPA protocols.  The results of the soil sampling  shall  be  submitted  to  the  City  of Brentwood.  If elevated levels  of  pesticides  or  heavy metals  are  detected during  the  laboratory  analysis  of  the  soils,  a  soil  cleanup  and  remediation  plan  shall  be  prepared  and  implemented prior to the commencement of grading activities.

Mitigation Measure HYD‐1: Prior to issuance of grading permits, the contractor shall prepare a Storm Water Pollution Prevention  Plan  (SWPPP).  The  Developer  shall  file  the Notice  of  Intent  (NOI)  and  associated  fee  to  the  SWRCB.  The SWPPP shall serve as the framework for identification, assignment, and implementation of BMPs. The contractor shall implement BMPs to reduce pollutants in stormwater discharges to the maximum extent practicable. The SWPPP shall be submitted to the Director of Public Works/City Engineer for review and approval and shall remain on the project site during  all  phases  of  construction.  Following  implementation  of  the  SWPPP,  the  contractor  shall  subsequently demonstrate  the  SWPPP’s  effectiveness  and  provide  for  necessary  and  appropriate  revisions,  modifications,  and improvements to reduce pollutants in stormwater discharges to the maximum extent practicable.

Mitigation Measure HYD‐2:  Prior  to  the  completion  of  construction,  the  applicant  shall prepare  and  submit,  for  the City’s review, an acceptable Stormwater Control Operation and Maintenance Plan. In addition, prior to the permanent occupancy of the site, the applicant shall be responsible for executing a Stormwater Management Facilities Operation and Maintenance Agreement  and  Right  of Entry  in  the  form  provided  by  the  City  of  Brentwood. The  applicant  shall accept the responsibility for maintenance of stormwater management facilities until such responsibility is transferred to another entity.

The  applicant  shall  submit,  with  the  application  of  building  permits,  a  draft  Stormwater  Facilities  and Maintenance Plan, including  detailed maintenance  requirements  and  a maintenance  schedule  for  the  review  and  approval  by  the Director of Public Works/City Engineer. Typical routine maintenance consists of the following:
 Limit the use of fertilizers and/or pesticides. Mosquito larvicides shall be applied only when absolutely necessary.  Replace and amend plants and soils as necessary to insure the planters are effective and attractive. Plants must remain healthy and trimmed if overgrown. Soils must be maintained to efficiently filter the storm water.  Visually inspect for ponding water to ensure that filtration is occurring.  After all major storm events remove bubble‐up risers for obstructions and replace if necessary.  Continue general landscape maintenance, including pruning and cleanup throughout the year.  Excavate, clean and or replace filter media (sand, gravel, topsoil) to insure adequate infiltration rate (annually or as needed).

Mitigation Measure HYD‐3: Design of all on‐site and/or downstream drainage facilities shall meet with the approval of both  the Director of Public Works/City Engineer and  the Contra Costa County Flood Control and Water Conservation District prior to the issuance of grading permits.

Mitigation Measure HYD‐4: Contra Costa County Flood Control and Water Conservation District drainage fees for the Drainage Area shall be paid prior to issuance of grading permits to the satisfaction of the Director of Public Works/City Engineer.

Mitigation Measure HYD‐5: The Applicant/Developer shall ensure that the project site shall drain into a street, public drain,  or  approved  private  drain,  in  such  a  manner  that  un‐drained  depressions  shall  not  occur.  Satisfaction  of  this measure shall be subject to the approval of the Director of Public Works/City Engineer.

Mitigation Measure HYD‐6: The improvement plans shall indicate concentrated drainage flows not crossing sidewalks or roadways for the review and approval of the Director of Public Works/City Engineer prior to the issuance of grading permits.

Sand Creek rd
brentwood, ca 94513 SHEET NUMBER SHEET TITLE 3337 SUSAN STREET, SUITE 100 COSTA MESA, CA 92626 PHONE: 714.596.9960 FAX: 714.596.9970 www.lazydogrestaurants.com JOB NO. CHECKED BY DRAWN BY SCALE SIGHTLINE EXHIBIT 22 1 1 Page 140 of 238 SIGHTLINE VIEW 1 SIGHTLINE EXHIBIT LEGAND SIGHTLINE VIEW 2 1 1 22 Sand Creek rd
brentwood, ca 94513 SHEET NUMBER SHEET TITLE 3337 SUSAN STREET, SUITE 100 COSTA MESA, CA 92626 PHONE: 714.596.9960 FAX: 714.596.9970 www.lazydogrestaurants.com JOB NO. CHECKED BY DRAWN BY SCALE Page 141 of 238 CITY COUNCIL AGENDA ITEM NO. G.2
09/26/2023
SUBJECT: Approving the Final Engineer’s Report, and confirming and ordering the formation of Landscape & Lighting Assessment District No. 23-1
DEPARTMENT: Parks and Recreation
STAFF: Bruce Mulder, Director of Parks and Recreation
Aaron Wanden, Park Maintenance Manager

TITLE/RECOMMENDATION
Hold the Public Hearing relating to the formation of Landscape & Lighting Assessment District No. 23-1 (Orchard Grove).

Confirm the formation with a simple majority property owner approval, weighted by assessment amount.

Adopt a Resolution ordering the Formation of Landscape & Lighting Assessment District No. 23-1; ordering improvements and confirming the diagram and assessments as shown in the Landscape & Lighting Assessment District No. 23-1 (Orchard Grove) Fiscal Year 2023-24 Final Engineer’s Report in accordance with provisions of the Streets and Highways Code “Landscaping and Lighting Act of 1972” and California Proposition 218.

FISCAL IMPACT
Upon build-out, the City will have authorization to collect the maximum annual assessment revenue of approximately $80,130 (in Fiscal Year 2023-24 dollars) from the residential parcels within the Orchard Grove project. This maximum annual assessment revenue will be increased each fiscal year based upon the prior year’s change in the San Francisco Bay Area Urban Wage Earners Consumer Price Index or 2%, whichever is greater, and will fund the special benefit portion of the maintenance, operation, servicing, replacement, and administration expenses associated with City improvements that benefit the project. The annual general benefit portion of these costs of approximately $3,100 will be funded by the General Fund.

CITY COUNCIL AGENDA ITEM NO. G.2
09/26/2023
To ensure the Landscape & Lighting Assessment Districts are self-supporting, each district has an administrative cost factored into the maximum assessment rate during formation to cover creation of annual Engineer’s Reports and levying of assessments.

Funds to cover the costs associated with the formation of the Landscape & Lighting District have been deposited with the City by the developer.

BACKGROUND
The proposed formation of Landscape & Lighting Assessment District No. 23-1 (Orchard Grove) will cover 45 single-family residential homes and six attached singlefamily residential duets located east of Adams Lane and north of Gracie Lane. The project is conditioned to provide a funding mechanism to offset the annual operation, maintenance, and future capital replacement costs attributed to City streetlights, landscaping, open space areas, trails, and park improvements which benefit the properties located within the project.

The Landscaping and Lighting Act of 1972 and Proposition 218 require that an Engineer’s Report be generated for the formation of any new assessment district or any annexations into existing assessment districts. The Engineer’s Report identifies public improvements to be maintained, as well as the maximum annual assessment rates to be levied on properties benefiting from these improvements. The assessment rates may or may not change each fiscal year, dependent on the maintenance budget, but cannot exceed the maximum annual assessment amount set when the assessment district was originally formed, plus an annual cost of living adjustment.

This report will set the maximum annual assessment rate for the new assessment district being proposed.

The Landscaping and Lighting Act of 1972 and Proposition 218 require that all formations of assessment districts receive approval, from the affected property owner(s), and a public hearing be held, prior to final approval from City Council. In accordance with these requirements, a notice and ballot regarding the formation of this assessment district was mailed to the property owner, Shea Homes LP, in accordance with Proposition 218. The notice and ballot contained detailed information about the Landscape & Lighting Assessment District, including but not limited to, improvements to be maintained and the maximum annual assessment amount.

CITY COUNCIL AGENDA ITEM NO. G.2
09/26/2023
At the close of the public input portion of the public hearing, the City Clerk (or her designee) will tabulate all ballots received. This information will be presented to the City Council during the meeting.

Following the tabulation of the ballots and determining the results, if there is no majority protest, the Council will be presented with the attached Resolution approving the Landscape & Lighting Assessment District No. 23-1 (Orchard Grove) Fiscal Year 2023-24 Final Engineer’s Report and ordering the formation of Landscape & Lighting Assessment District No. 23-1 (Orchard Grove).

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Actions by the City Council are included on Attachment 1.

DATE OF NOTICE
September 15, 2023

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Final Engineer’s Report – LLAD 23-1 (Orchard Grove)

PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the Council are listed below. Visit the weblinks below to view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable.  Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

Multiple actions were taken in previous years to form the City’s 66 existing Landscape & Lighting Assessment Districts.

On March 14, 2023, by Resolution No. 2023-35, the City Council designated Francisco & Associates, Inc., as the Engineer of Work for Fiscal Year 2023-24.

On August 22, 2023, by Resolution No. 2023-102, the City Council declared its intention to 1) order the formation of, 2) levy and collect assessments for, 3) identify improvements to be maintained by Landscape & Lighting Assessment District No. 23- 1 for Fiscal Year 2023-24, and 4) set September 26, 2023, as the public hearing date pursuant to the Landscaping and Lighting Act of 1972 and Proposition 218.

RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING THE FINAL ENGINEER’S REPORT AND
MAKING CERTAIN FINDINGS RELATED TO THE REPORT;

ORDERING THE FORMATION OF LANDSCAPE & LIGHTING
ASSESSMENT DISTRICT NO. 23-1 (ORCHARD GROVE);
ORDERING IMPROVEMENTS; AND CONFIRMING THE DIAGRAM

AND ASSESSMENTS AS SHOWN IN THE FORMATION OF
LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NO. 23-1
(ORCHARD GROVE) FISCAL YEAR 2023-24 FINAL ENGINEER’S

REPORT PURSUANT TO THE STREETS AND HIGHWAYS CODE
“LANDSCAPING AND LIGHTING ACT OF 1972” AND
PROPOSITION 218.

WHEREAS, as required by Section 22585 of the California Streets and Highways Code, the City Council of the City of Brentwood, by Resolution No. 2023- 102, initiated the formation of Landscape & Lighting Assessment District No. 23-1 (Orchard Grove) and the Engineer of Work has filed a report describing the improvements and proposed assessment district; and
WHEREAS, in accordance with Section 22587 of the California Streets and Highways Code, the City Council by Resolution No. 2023-102, declared the intent to form Landscape & Lighting Assessment District No. 23-1 (Orchard Grove) and the intent to levy and collect assessments, in addition to setting a date of September 26, 2023, for a public hearing on the matter; and
WHEREAS, as required by Proposition 218 and in accordance with the requirements of Section 22588 of the California Streets and Highways Code, notices and ballots have been mailed to each affected property owner, identifying the improvements and assessments; and
WHEREAS, on September 26, 2023, the City Council conducted a public hearing and gave any interested person an opportunity to protest the assessments, the formation of, and the Landscape & Lighting Assessment District No. 23-1 (Orchard Grove) Fiscal Year 2023-24 Final Engineer’s Report, either in writing or orally, and determined that a majority protest had not been filed against the formation of the Landscape & Lighting Assessment District; and WHEREAS, the amount of the assessments represented by the property owner assessment ballots submitted in favor of formation of Landscape & Lighting District No. 23-1 (Orchard Grove) was greater than those submitted against the assessment as shown on Exhibit “A” attached.

NOW, THEREFORE, be it resolved, determined, and ordered that the City Council of the City of Brentwood:

1. The preceding recitals are true and correct and material to the adoption of this Resolution.

2. The City Council has carefully reviewed and examined the Final Engineer’s Report in connection with Landscape & Lighting Assessment District No. 23-1 (Orchard Grove) and hereby approves it as submitted (or as amended, if applicable) and finds and determines that:
a. The territory of land within the District will receive special benefits from the operation, maintenance, and servicing of the lights, landscaping, open space areas, trails, parks and appurtenant facilities and improvements related thereto;
b. The District includes all of the lands so benefitted; and c. The maximum amount to be assessed upon the lands within the Landscape & Lighting Assessment District, in accordance with the build-out budget for Fiscal Year 2023-24 is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefits to be received by each parcel from the improvements and services and is satisfied that the assessments are levied without regard to property valuation.

3. The City Council hereby orders the improvements to be maintained and serviced, orders the formation of Landscape & Lighting Assessment District No. 23-1 (Orchard Grove), and confirms and approves the diagram, the maximum assessments, and the Fiscal Year 2023-24 assessments as shown in the Landscape & Lighting Assessment District No. 23-1 (Orchard Grove) Fiscal Year 2023-24 Final Engineer’s Report.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 26th day of September 2023 by the following vote:

EXHIBIT A

CERTIFICATE OF MAILED BALLOT RESULTS

FOR THE FORMATION OF LANDSCAPE & LIGHTING
ASSESSMENT DISTRICT NO. 23-1 (ORCHARD GROVE)
September 26, 2023
I, Margaret Wimberly, City Clerk of the City of Brentwood, hereby certify the results of the mailed ballot election held on September 26, 2023 to be as follows:

Landscape & Lighting Assessment District No. 23-1 (Orchard Grove) TOTAL ASSESSMENT AMOUNT CAST “YES”: _______________
TOTAL ASSESSMENT AMOUNT CAST “NO”: _______________
TOTAL ASSESSMENT AMOUNT CAST:_______________
THE ASSESSMENT AMOUNT CAST “YES” EQUAL ______________% OF THE TOTAL ASSESSMENT AMOUNT CAST.

Dated: September 26, 2023

CITY OF BRENTWOOD
By
Margaret Wimberly
City Clerk of the City of Brentwood

Landscape and LighƟng
Assessment District 23‐1
Orchard Grove
Fiscal Year 2023‐24
September 26, 2023

Formation of LLAD No. 23-1 (Orchard Grove)
Engineer’s Report Fiscal Year 2023-24 TABLE OF CONTENTS i
Page No.

City Directory.........................................................................................................ii Certificates............................................................................................................iii SECTION I Introduction .................................................................................... 1 SECTION II Impacts of Proposition 218............................................................. .3 SECTION III Engineer’s Report ........................................................................... 5 Part A - Plans and Specifications............................................................... 7 Part B - Estimate of Cost ........................................................................... 9 Part C - Assessment District Diagram...................................................... 11 Part D - Method of Apportionment of Assessment................................... 13 Part E - Property Owner List & Assessment Roll ..................................... 27 Appendix A – Maximum Assessment Roll .........................................................A-1 Appendix B – Benefit Boundary Diagrams ........................................................B-1

Formation of LLAD No. 23-1 (Orchard Grove)
Engineer’s Report Fiscal Year 2023-24 CITY DIRECTORY
ii

CITY OF BRENTWOOD

FORMATION OF LANDSCAPE & LIGHTING
ASSESSMENT DISTRICT No. 23-1
(ORCHARD GROVE)
FISCAL YEAR 2023-24

CITY COUNCIL MEMBERS AND CITY STAFF
Joel R. Bryant
Mayor
Susannah Meyer Jovita Mendoza
Vice Mayor Council Member
Pa'tanisha Pierson Tony Oerlemans
Council Member Council Member
Tim Ogden
City Manager
Allen Baquilar Margaret Wimberly
Interim City Engineer City Clerk
Kerry Breen Bruce Mulder
Director of Finance & Information Systems Director of Parks & Recreation Francisco & Associates
Assessment Engineer

Formation of LLAD No. 23-1 (Orchard Grove)
Engineer’s Report Fiscal Year 2023-24 CERTIFICATES
iii

ENGINEER'S REPORT

CITY OF BRENTWOOD
FORMATION OF LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NO. 23-1 (ORCHARD GROVE)
FISCAL YEAR 2023-24
The undersigned, acting on behalf of Francisco & Associates, respectfully submits the enclosed Engineer’s Report as directed by the City of Brentwood City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution and provisions of the Landscaping and Lighting Act of 1972 commencing with Section 22500 et. seq. of the California Streets and Highways Code. The undersigned certifies that he is a Professional Engineer, registered in the State of California.

Dated: September 8, 2023 By:

Eduardo Espinoza, P.E.

CE No. 83709
I HEREBY CERTIFY that the Engineer’s Report, together with the Assessment Roll and Assessment District Diagram thereto attached was filed with me on the ___________ day of _________, 2023.

Margaret Wimberly, City Clerk
City of Brentwood
Contra Costa County, California
By:

I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and the Assessment District Diagram thereto attached, was approved and confirmed by the City Council of the City of Brentwood, Contra Costa County, California, on the ____ ________day of ________, 2023.

Margaret Wimberly, City Clerk
City of Brentwood
Contra Costa County, California
By:

Formation of LLAD No. 23-1 (Orchard Grove) SECTION I
Engineer’s Report Fiscal Year 2023-24 INTRODUCTION
1 SECTION I

INTRODUCTION
ENGINEER’S REPORT
FORMATION OF LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NO. 23-1 (ORCHARD GROVE)
FISCAL YEAR 2023-24
To ensure the proper flow of funds for the ongoing operation, maintenance, servicing and replacement of specific improvements within the City of Brentwood (the “City”), the City Council, through the Landscaping and Lighting Act of 1972, has previously approved the formation of sixty-six (66) Landscape & Lighting Assessment Districts (LLADs) and is currently proposing the formation of one (1) additional LLAD, which is the purpose of this Report. Improvements, which may be operated, maintained, serviced, and replaced by the LLADs, include, but are not limited to, landscaping, park, streetlighting, and trail improvements.

Generally, as a part of the conditions of approval to develop property within the City, property owners/developers are required to mitigate their project’s financial impact to the City. Developers can provide their own financing mechanism to mitigate their impacts or they can form a new LLAD or when applicable, annex into an existing LLAD. The formation of these LLADs ensure that the operation, maintenance, servicing and replacement costs of these improvements are specifically paid for by those property owners who directly benefit from the improvements.

If formed, LLAD No. 23-1 (the “District”) will include the Orchard Grove development which will consist of 45 single-family homes and six duets at build-out. In order to form the District, it will require approval from the District property owner(s), prior to final approval from City Council. This process is discussed in Section II, ‘Impacts of Proposition 218’ of this Report.

As required by the Landscaping and Lighting Act of 1972, the Engineer’s Report includes:
(1) a description of the improvements to be operated, maintained, serviced and replaced by the District, (2) a cost estimate for the District, and (3) a listing of the proposed maximum assessments to be levied upon each assessable lot or parcel within the District.

The City of Brentwood will hold a public hearing on September 26, 2023, regarding formation of the District. At the public hearing the City will provide an opportunity for any interested person to be heard. After the public input portion of the public hearing, the City Clerk will tabulate the assessment ballots. If the assessment ballot tabulation is favorable, the City Council may adopt a resolution forming the District and confirming the maximum assessment rates as originally proposed or as modified.

Payment of these annual assessments for each parcel will be made in the same manner and at the same time as payments are made for their annual property taxes. All funds

Formation of LLAD No. 23-1 (Orchard Grove) SECTION I
Engineer’s Report Fiscal Year 2023-24 INTRODUCTION
2 collected through the assessments must be placed in a special fund and can only be used for the purposes stated within this Report.

Formation of LLAD No. 23-1 (Orchard Grove) SECTION II
Engineer’s Report Fiscal Year 2023-24 PROPOSITION 218
3 SECTION II
IMPACT OF PROPOSITION 218
FORMATION OF LIGHTING & LANDSCAPE ASSESSMENT DISTRICT No. 23-1 (ORCHARD GROVE)
FISCAL YEAR 2023-24
On November 5, 1996, California voters approved Proposition 218 entitled "Right to Vote On Taxes Act" which added Articles XIIIC and XIIID to the California Constitution. While its title refers only to taxes, Proposition 218 established new procedural requirements for the formation and administration of assessment districts.

These procedures stipulate that even if assessments are initially exempt from Proposition 218, new or future increases in assessments must comply with the provisions of Proposition 218. However, if the increase in assessment was anticipated in the property owner approved assessment formula (e.g., CPI increase or assessment cap) then the assessment increase is compliant with the intent and provisions of Proposition 218.

In order to form the District, it will require voter approval from the District property owner(s), prior to final approval from City Council. In order to comply with the requirements of Proposition 218, the City of Brentwood has implemented the following procedures:
1) Every property owner within the District will be mailed a ballot, which allows the property owners to cast their votes either in favor or against the proposed formation of the assessment district. A notice describing the assessment, the individual property owner’s maximum annual assessment rate, the duration of the assessment, the reason for the assessment, and the basis upon which the assessment is calculated will accompany the ballots.
2) After the close of the public input portion of the public hearing, the ballots, which have been returned to the City Clerk will be tabulated to determine whether a majority protest against the formation of the District exists. 3) When tabulating the assessment ballots, they will be weighted based on their proportionate maximum assessment amount.
4) Publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the improvements. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways, utility easements, and that portion of public property that is not used for business purposes similar to private residential,

Formation of LLAD No. 23-1 (Orchard Grove) SECTION II
Engineer’s Report Fiscal Year 2023-24 PROPOSITION 218
4 commercial, industrial and institutional activities. Also exempted from the assessments are private streets, utility easements, HOA common areas (except club houses, community centers, parking lots, etc.) and any other parcels that do not receive a special and direct benefit from the improvements.

All property owners will be noticed in accordance with Proposition 218 a minimum of 45 days prior to the public hearing, unless a shorter notice period is agreed to by all affected property owners. After the public hearing and after the ballots have been tabulated, if a majority of the weighted ballots are in favor of the assessment, then the City Council may adopt a resolution forming the District and confirming the maximum assessment rate.

Formation of LLAD No. 23-1 (Orchard Grove) SECTION III
Engineer’s Report Fiscal Year 2023-24 ENGINEER'S REPORT 5 SECTION III

ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972
SECTION 22500 THROUGH 22679

OF THE CALIFORNIA STREETS AND HIGHWAYS CODE
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code of the State of California), Proposition 218 and in accordance with the Resolution of Intention, being Resolution No. 2023-102, accepting the Preliminary Engineer’s Report, adopted by the City Council of the City of Brentwood, on August 22, 2023, and in connection with the proceedings for:

CITY OF BRENTWOOD
FORMATION OF LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NO. 23-1 (ORCHARD GROVE)
FISCAL YEAR 2023-24
Herein after referred to as the “District", I, Eduardo Espinoza, the duly appointed ENGINEER OF WORK, submit herewith the "Report" consisting of five (5) parts as follows:

PART A: PLANS AND SPECIFICATIONS
This part describes the improvements in the District. Plans and specifications for the improvements are as set forth on the lists thereof, attached hereto, and are on file in the Office of the Parks & Recreation Department and are incorporated herein by reference.

PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements, including incidental costs and expenses in connection therewith, is as set forth on the lists thereof, attached hereto, and is on file in the Office of the Parks & Recreation and Engineering Department.

PART C: ASSESSMENT DIAGRAM
This part incorporates by reference a diagram showing the exterior boundaries of the District and the lines and dimensions of each lot or parcel of land within the District. The diagram has been prepared by the Engineer of Work and is on file in the Office of the Brentwood City Clerk. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Contra Costa County Assessor for the year when this Report was prepared. The Assessor's maps and records are incorporated by reference herein and made part of this Report.

Formation of LLAD No. 23-1 (Orchard Grove) SECTION III
Engineer’s Report Fiscal Year 2023-24 ENGINEER'S REPORT 6 PART D: METHOD OF APPORTIONMENT OF ASSESSMENT
This part contains the method of apportionment of assessments, based upon parcel classification of land within the District, in proportion to the estimated benefits to be received.

PART E: PROPERTY OWNER LIST & ASSESSMENT ROLL
This part contains a list of the Contra Costa County Assessor’s Parcel numbers, and the maximum amount to be assessed upon the benefited lands within the District. The Assessment Roll is filed in the Office of the Brentwood City Clerk and is incorporated in this Report by reference. The list is keyed to the records of the Contra Costa County Assessor, which are incorporated herein by reference.

Formation of LLAD No. 23-1 (Orchard Grove) SECTION III
Engineer’s Report Fiscal Year 2023-24 PART A
7 PART A

PLANS AND SPECIFICATIONS
The facilities, constructed that benefit the District, and those which may be subsequently operated, maintained, serviced, and replaced are generally described as follows:

The operation, maintenance, servicing and replacement of streetlighting, landscaping, walls, monuments, trails, parks, open space areas, and associated facilities including but not limited to; personnel, electrical energy, utilities such as water, materials, contractual services, and other items necessary for the satisfactory operation, maintenance, servicing and replacement of the facilities as described below.

Streetlighting Facilities Along Arterial and Major Roadways Median and roadside street lights located along arterial and major roadways as shown on the Arterial and Major Roadway Benefit Boundary Diagram (Appendix page B-2) and described in Table 2 of this Report consist of, but are not limited to poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices, utilities and other appurtenant facilities within the public rights-of-way and easements benefitting parcels within the boundaries of the District.

Landscaping Facilities Along Arterial and Major Roadways Median and roadside landscaping facilities located along arterial and major roadways as shown on the Arterial and Major Roadway Benefit Boundary Diagram (Appendix page B2) and described in Table 3 of this Report consist of, but are not limited to landscaping, irrigation, planting, shrubbery, ground cover, trees, pathways, hardscapes, walls, fences, utilities, and other appurtenant facilities required to provide landscaping within the public rights-of-way and easements benefitting parcels within the boundaries of the District.

Parks Facilities
Community and neighborhood parks and open space facilities as shown on the Parks Benefit Boundary Diagram (Appendix page B-3) and described in Table 4 of this Report consist of, but are not limited to parks, open space, drainage areas, creeks, ponds, pathway materials, landscaping, trees, shrubbery, sidewalks, tot lots, park equipment, playgrounds, fences, etc. including the removal of trash and debris, and other appurtenant facilities within the public park areas, public rights-of-way, and easements benefitting parcels within the boundaries of the District.

In-Tract Streetlighting Facilities
In-tract streetlights located along in-tract roadways of the District are shown on the InTract Benefit Boundary Diagram (Appendix page B-4) and described in Table 5 of this

Formation of LLAD No. 23-1 (Orchard Grove) SECTION III
Engineer’s Report Fiscal Year 2023-24 PART A
8 Report consist of, but are not limited to poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices, utilities and other appurtenant facilities within the public rights-of-way and easements benefitting parcels within the boundaries of the District.

In-Tract Landscaping Facilities
In-tract landscaping facilities located within or adjacent to the District are shown on the In-Tract Benefit Boundary Diagram (Appendix page B-4) and described in Table 6 of this Report consist of, but are not limited to landscaping, irrigation, planting, shrubbery, ground cover, trees, pathways, hardscapes, walls, monuments, fences, utilities, and other appurtenant facilities required to provide landscaping within the public rights-of-way and easements benefitting parcels within the boundaries of the District.

Trail Facilities
Maintenance of trail facilities as shown on the Trail Benefit Diagram (Appendix page B-5) and described in Table 7 of this report consist of, but are not limited to: operation, maintenance, servicing, and replacement of open space areas, trails, etc. including landscaping, irrigation, hardscapes, pathway materials, removal of trash and debris, and other appurtenant facilities within the public rights-of-way and easements that benefit parcels within the boundaries of the District.