Planning Commission - Regular Meeting

Mic check. Uh, welcome to the March 17th planning commission meeting. All members are present. Uh, join us now for the pledge of allegiance.

I pledge algiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Um, okay. At this point, I'd like to turn the meeting over to Mayor Meyer to administer the oath of office and swear in the commissioners. Does that

I have a presence or preference about doing this together or separately? Do you have a preference? Would you like to film him separately? Okay, then we'll do it separately. The wives always get that decision. Anita, do you want to come? And then we'll do Gerald. So, please repeat after me. I state your name do solemnly swear

domly swear that I will support and defend I will support the Constitution of the United States of the United States and the Constitution of the State of California the Constitution against all enemies foreign and domestic and domestic that I will bear true faith and allegiance I will bear true to the Constitution of the United states and the constitution of the state of California that I take this obligation freely I take this obligation without any mental reservation or purpose of evasion

purpose of evasion and that I will well and faithfully discharge wellithfully discharge the duties upon which I'm about to enter

the duties about to I just realized we didn't have a mic for her. Did we need that or can people pick it up? Okay, got it. Congratulations, Commissioner. Are you ready? I'm ready. We'll stand back a little bit.

Wow. Yeah. We've been having hot mic issues. Wow. Very loud. Okay. Please repeat after me. I state your name. I, Gerald Johnson, do solemnly swear do solemnly swear that I will support and defend that I will support and defend the Constitution of the United States the Constitution of the United States and the Constitution of the State of California and the Constitution of the State of California against all enemies against all enemies foreign and domestic foreign and domestic that I will bear true faith and allegiance that I will bear true faith and allegiance to the Constitution of the United States in the Constitution of the United States and the Constitution of the State of California and the Constitution of the State of California that I take this obligation freely That I take this obligation freely

without any mental reservation without any mental reservation or purpose of evasion or purpose of evasion and that I will well and faithfully discharge and I will well and faithfully discharge the duties upon which I'm about to enter the duties upon which I'm about to enter. You are sworn in. Congratulations. Go ahead. Thank you, Mayor Meyer. Really appreciate that.

All righty. Um the commission will now entertain nominations and motions for chairperson followed by nominations and motions for vice chairperson. Each motion will include a separate roll call vote. Do we have any um discussion on chairperson? Well, I would like to nominate um Mr. Brandt for chairperson. wanted to do it last time, so I'm doing it now. I appreciate that. I thought I'd put that in there. Do we have any more discussion?

Did you Did you need something more from me? Uh, do you want to make a motion? I'm making a motion. Is there a second? Second. All in favor? No. Now take a roll call vote. Commissioner Johnson. I. Commissioner BR. Hi. Commissioner Roberts. I. Commissioner Jones. I. Commissioner floor. Hi. Yay. Carries. 5-0.

Mr. And uh this time we'll do the vice chair. Is there any discussion? Anita, do you have any discussion? Vice chair, I'm sorry. Are you asking me a question? Yeah, we're we're going to discuss whether or not who we're going to have to vice I I would like to nominate um the chair to guide the new chair. That would be Rod Floyd. Ron Rod Floyd or vice chair. Do we have a second? Sure. I'll second.

Can we take a vote? Commissioner Johnson, I. Commissioner Brandt, I. Commissioner Roberts, I. Commissioner Jones, I. Commissioner Flor, I.

Motion carries 5-0. One more order of business for this portion of the meeting. Uh commission will now entertain nominations and motions for two members to serve on the design review subcommittee followed by nominations and motions for one member to serve on the transplant committee and the Brentwood municipal code review committee. Each motion will include a separate roll call vote. So we have any discussion on the design review committee. We currently have two commissioners on that committee.

You um remind me who are on the committees at the moment. I believe it's um Commissioner Johnson and Commissioner Jones. Okay. On the design committee? Yeah. Okay. Do do either of the commissioners that are on that committee um want to volunteer to reap or Yeah, I can. I'll volunteer to stay. I'll volunteer. Um, and does anybody want to make a a motion? Yeah, I'll make a motion to appoint uh Commissioner Jones and Commissioner Johnson to the uh science review subcommittee. I'll second that. Take a roll call vote. Commissioner Johnson,

I. Commissioner Brand, I. Commissioner Roberts, I. Commissioner Jones, I. Commissioner Floor, I carries 5-0. Next up, we have a trans plan and I think that's currently Commissioner Brandt. How do you feel like you want to stay on that? I I'm not attached. If anybody I know if I'm chair, I'd like to my name for transplant. Are you making a motion to put your I make a motion for um Commissioner Johnson to be on trans plan. You'll like it. I'll second that.

Take a roll call vote. Commissioner Johnson I. Commissioner Brand I. Commissioner Roberts I. Commissioner Jones I. Commissioner floor I. Carries 5-0. And if I may, um, is it all right for me to have a make a comment at this point? Uh, through the chair. As long as you do it in through the mic and chair is okay. We we have one more um committee. Is it is it a comment about the committee or? Yeah. Oh, okay.

Yeah. I just wanted to let Commissioner Johnson know that it's a very interesting committee um in a positive way and you're you're walking into a time where things are actually moving and not just a lot of talking. So, I think that you're going to be coming into I know I think we met once uh a couple years ago. I don't know when the projected next meeting is, but I'm happy to u release that one. Anybody want it? It's the Well, well, I'll take it. If no one's, you know, they don't meet, then then that's okay.

And just to clarify that committee meets the second supposed to meet the second Wednesday in January and July. So, it's not a monthly. Oh, that can work in January and July. I can't do it. Um, I'd be happy to take it on. Is that a motion? I make a motion that uh Jeremy on this role. I'll second that motion. Commissioner Johnson, roll call vote. Commissioner Brand, I. Commissioner Roberts, I. Commissioner Jones, I. And Commissioner for

I. Carries 5. All right. And with that, we're done with me being the uh chair. Do you want to just do it from there? We actually need you to switch seats because when the chair speaks, a camera zooms right into him. But per his name tag, he will be floor for the evening. Great. Okay.

We'll take a 5m minute recess while we rearrange ourselves.

Okay, we're back from recess. We'll start with public comments. Uh, per the city's meeting rules and procedures, public comments are generally limited to five minutes or less time if a large number of speakers is anticipated or if approved by the chair. We'll keep it at five minutes. Speakers desiring it to answer to an to desiring answers to questions should direct them to the planning commission and if relevant the commission may direct them to staff. Speakers can also follow up directly with staff during regular business hours. Please file a speaker card with the administrative secretary on the form provided at the back of the chambers. During this portion of the meeting, those in the council chambers are permitted to speak on the items that not are not on the agenda. Public comments for scheduled agenda items should wait until that time. Um, Zoom participation during this general comment period will not be accepted. Please note that the commission's actions are final unless an appeal is filed within the with the city clerk within 10 calendar days.

This time we have one speaker card. Danny,

I better put it back over here. Okay, good evening. Um, congratulations. Wow, this mic is hot. Um, tonight

Jeez, I just can't win. Okay. Okay. Well, if it hums, it hums. Um, well, now I have two complaints. One is this mic. The other is we aren't having meetings. I think this is what the third um that this body has assembled in the last three months. I can't imagine that building has stopped, planning has stopped, um meetings have stopped, and yet tonight's meeting is on the approval of a couple of ordinances. And I find that strange. I don't know if there's anything that you folks can do about it. I don't know if it's a future agenda item, visav going to our new guy and saying, "Hey, you know, what projects do we have in the pipeline?" If you remember last year and a year before around September, October, all of a sudden you were there was a deluge of projects and some of these had been in the works for months and it was just brought to your attention. a big red brick building that um um I'll just say folks were able to to shoehorn in is a prime example and I'm concerned.

So, as I said, I don't know if there's any way to I'm assuming you can reach out to the city manager and ask, is there anything in the pipeline? What is the state of various projects? And again, congratulations and I'll see you guys openly in two weeks. Jennifer, can you potenti Okay. Yeah, you know what I said. At this time, we have no further speakers in present.

Yes. So, uh, to answer the question, currently on the city's website, we do have a project development page. Um, it has a link directly on the main page of our city's website, as soon as you land on brentwood.gov, there's a project development page. Um, it lists all applications that are currently active in the city. Um it narrows them down to residential and commercial development. It provides their status um of either under review um approved or under construction. Um it also includes the specific project planner that is leading that project and their contact information. So if there's specific questions you have on any current application and what the status details are, um the public is always welcome to contact the project planner um and request additional information at any time.

Thank you. so much and I'll just add that as well you can click through the project descriptions and the plans and whatever else is preliminary um with respect to those individual projects. So, it's not a lot, but it's it's enough, I think. Let's see. Moving into item G1, regular planning commission minutes from January 20th, 2026, our last meeting. Uh, let's see. There is one set of minutes for the regular meeting from January 20th. Is there any discussion or I'll look for a motion? Uh, I make a motion to adopt or approve the consent calendar. I'll second that. All in favor?

I I I. Motion carries.

So, I think we'll just move into public hearings. Item H1, it's a continuing uh continuation of text amendments to the Brentwood Municipal Code related to the adoption of objective design standards for residential and mixeduse development needed to comply with state law as required by the city's adopted housing element implementation. And I'll pass it to Jennifer for the staff report.

Thank you. We are back here tonight in collaboration with JZMK Partners and Denovo Planning to present text amendments to our municipal code to adopt objective design standards for residential and mixeduse development. Tonight's presentation will be given by Drew Watkins and we also have Tim Hagen and staff online both from JZMK. Um they are joining us tonight via Zoom. staff and our consultant team have diligently gone through your recommendations made at the last planning commission hearing on October 21st and are here tonight to review those changes with you and then assist you in any way possible so we can make sure that any remaining comments or concerns can clearly be articulated to council before moving forward. And with that, I'd like to hand it over to Drew for the presentation.

Great. Thanks, Jennifer. Uh, and congratulations to the new uh commissioners. It's it's great to have you on. Um, I'm going to share my screen here. Uh, so as Jennifer mentioned, uh, we've been working since the last planning commission meeting to, uh, really try to, you know, work to respond to the comments that you provided. Uh, we kind of first compiled those comments. I think fed the initial comments back to you and then now we've been, uh, revising the document to address, uh, each of those comments. uh the presentation I have for you today. We're going to uh do a little bit of an overview. I realize that there's some some new members uh and then we're just going to dive into the the changes that we've made uh to the document. Um so what what are we doing tonight? We're uh looking at those revisions based on comments. Uh these are for the objective design standards for residential and mixeduse uh development. Um the purpose of objective design standards are uh you know responding to several California state bills uh that require ministerial approval of housing development. Um this helps streamline the housing development and review process. Uh and the idea of the objective design standards is that they protect and articulate the city's vision for residential development and they uh increase efficient delivery of new residential units. they give kind of clear expectations to the development community uh from the city's uh uh viewpoint. Um so the goals for the the objective design standards or or ODS uh are to provide a clear set of citywide regulations. Uh we're working to preserve the character of Brentwood. Uh we're creating standards that are appropriate to their context environment. Uh that that create human scaled buildings that promote high quality site and building design. uh and that emphasize a pedestrianoriented environment. Uh the document uh is organized into six

different chapters. Uh I'm not going to go into too much detail. We're really going to dive into the changes, but we just wanted to give an overview. There's an introduction uh that has kind of a preamble description, kind of purpose, goals, and terminology definitions. uh site planning which talks about the uh uh kind of overall site uh uh requirements. Site design which talks about more like where a building needs to be placed on a site uh uh or parking or other things on that that site. Um building design which focuses then on the form of of the buildings themselves. Uh architectural styles uh uh which is is self-explanatory. uh and then landscape. Uh so the main kind of uh kind of topics of comments that we got are are outlined here. Uh we got comics comments on uh adding context uh the context of Brentwood that uh was in the existing guidelines to the purpose section. So we've kind of worked to really incorporate a lot of the language and descriptions of of uh from those residential design guidelines. um bringing you know the appropriate pieces over to the objective design standards. Uh we've clarified goals uh some uh uh park dedication standards uh and then uh refined uh the code and senate bill references. Uh we've added a bunch of new terminology to help uh provide some additional clarity uh for terms and and add some more objectivity. Um we've removed kind of phrases such as such as throughout the document uh to again uh increase objectivity. Uh we've clarified the noise attenuation standards. Uh we've removed contemporary architectural style from the the list of architectural styles. Uh we have uh uh worked to increase objectivity within each of the architectural styles as well. uh and

that uh a lot of that was around roofing materials, roof types, um um different materials details. Uh and I'll I'll go into a bit more detail on each of those. Uh and then we've uh on the landscape section uh increased the percentage in in non-plant material for the landscape section, allowing additional um non-planted areas. uh and added a section on ember resistant zones uh that are uh you know work well with high fire hazard zone areas. Um so diving now into kind of each of the revisions uh and I'm going to you know walk through these happy to revisit any of these in more detail. Uh we revised the introduction again bringing in kind of that overview from the uh residential design guidelines into the ODS and there was just you know kind of a great kind of description of the history of the city and kind of really set the um the tone uh for the the rest of the document and kind of gave some context for uh the uh design guidelines that that have now you know many of those have been u brought into the ODS as as objective design standards. Uh we've also uh refined the goals section uh uh describing why the ODS is being prepared and and working to strengthen its defensibility. Um we've added 42 new definitions. I'm not going to go through all of them individually, but they're they're listed here. Uh we've highlighted them in the the draft revision document that's been provided for your review. uh and these are really to work to uh increase objectivity throughout the document. So if there are terms that we're using in later chapters that we're giving a clear explanation of of what those are. Um some of them include you know definitions of roof wall and color materials confirming uh concrete clay and masonry tile are included uh and

adding uh definitions of details and styles. So uh in the next chapter uh we work to add some clarification on park dedications. Uh this is the the site planning chapter and aligning that to the uh Brentwood municipal code. Uh later on in the same chapter we also brought in reference to SB9 uh recognizing uh how that may affect the city and uh its applicability. Uh in chapter four, building design, we find the purpose to uh just uh kind of clearly describe what we're trying to achieve. Uh ensuring that building scale, massing and bulk are designed to support human scale, enhancing the pedestrian experience and responding to the surrounding context through appropriate massing and facade articulation. Uh we revised the roof forms types and applicability. Uh so we removed some forms. Uh, and this is somewhat, you know, we removed the contemporary architectural style. Uh, so we felt like some of the the roof forms were no longer needed. Uh, uh, we also, uh, kind of refined what um, uh, roof forms were applicable to certain size buildings. Uh, and then later in chapter 4, uh, refine the noise attenuation section to, uh, include some language from the building code and SQL requirements. We did a little bit of reorganization for some clarity around entry typologies uh just so that that kind of follows a little more clearly in the document. Uh we uh listed utilities uh and kind of identified them more clearly uh in our uh utility section. Uh and then in styles that this kind of had a bunch of changes including the removal of the contemporary architectural style. Uh, so

it's removed from both the citywide and PA1 areas. Uh, and now PA1 just includes Spanish, Mediterranean, Craftsman, Ranch, and Italian. Um, and then throughout the styles, we made some changes to a bunch of the sections. So, roof types and materials uh we uh revise this to u pull out composite asphalt uh woodlike uh synthetic materials and we are just allowing concrete clay uh and masonry tile uh for roof materials. Uh and then uh some of those are have a little more specificity uh depending upon the style. So like for a Spanish style it specifies a red clay roof tile. uh um but in in general uh we uh removed um uh several of the the materials that were not desirable. Um we also made uh some more prescriptive definitions of colors and materials and so that happened to each of the the seven styles. Uh and we uh added some more specificity to decorative details throughout. Uh and so they're uh refined uh to be more uh prescriptive uh and objective uh so that there's less ambiguity. Uh for example, we decreased, you know, um we had some description around tiles and vents. Uh and then we also aligned the Italian uh style so that we were uh decrease the minimum requirements uh to four uh to kind of better align with the rest of the the styles. uh in the landscape chapter uh we added additional goal of maintaining uh arbor's tree characteristics. Uh so that's that's added to the purpose. Uh

we increased the um nonplant material minimum. Uh uh we also added a standard for zero escaping. uh and we added uh some standards around ember resistance zones and those are the the changes that we made. Uh so we you know really appreciate the feedback that we got in the the last uh uh meeting uh and we hope that we've you addressed those comments and and now have kind of a tighter document that kind of aligns to your goals uh and uh you is is more objective adds some more clarity and definitions uh and uh is something that we can move towards city council.

Great. Thank you Andrew. Um, does the planning commission have any clarifying questions of staff? May I?

Yeah. So, I just wanted to let staff know that um I I am really impressed with the work that went into these revisions and uh I thank you for the time you have given to each one of us uh to outline some of these revisions. One in particular that was a big stickler for me was the noise and odor uh piece of 4.10 and um so you captured that and I I just wanted to commend you on on um listening to us and and putting um what we said into a revision. So thank you. Okay,

Commissioner Johnson, I think you had your hand up. It's just staff. Yeah.

Hey, I just want to thank you for including the um defensible um fire retardant area around the houses. That was one of my pet peeves. And I just want to ask just a couple questions to make sure I'm clarified. So that five foot area, it didn't say five. I think it said five feet. I got to go find it in here again. Um, is that going to be around every home? Would that be required? It's done in the back. I think it's um soil in in this section we are, you know, referring to municipal and county codes. So anywhere that is in a uh high fire zone would certainly need to have that uh you know follow the the code uh which in includes that that zone around the house. So

So my question would be I mean we live in a very arid dry climate especially in the summer sometimes. I know that prior commissioners also who do uh dealt with insurance and people who have not dealt with insurance have advocated for a five-foot buffer area around the outside of each home to lower insurance cost so that they could get insurance because if you don't have it sometimes you're not even able to get it or it costs more money and so I think that long first of all two things one building in resiliency for the future into this document would be a good thing. So, you know, things like having trees too close to the building, having that 5 foot that 5-ft path around the house should be on every home. Um, as we go forward, not just not just um let's say if there was an area that was um specifically for fire. So, so we are the ember resistant zones we are requiring around all structures and then there are you know further references to code for you know kind of depending upon where you are located.

Also, Commissioner Johnson, I just looked up the 4291 in the uh California Public Resources Code and does specifically reference this includes a 5 foot ember resistant zone as you described. So, and if I remember correctly, the last meeting you maybe it was Jennifer or yourself uh had mentioned uh that me maybe not itemizing every detail is smarter because we can more dynamically address

changing code by listing just the code itself. So maybe it seems short. What we're trying to do is up top kind of reference the code uh that you know in general and then I think you know we got feedback that that ember resistance zone in particular was important and so that we did call out for all structures. Uh but then you know recognizing that the these codes may change uh and will be you know the best science and uh uh uh protective measures going forward. And so we want to use those to the the best ability uh while also providing extra uh uh defensible space for the for all structures in the city all residential. So is there a gold standard for like defensible space um fire hazards uh that other cities are using based on your experience that are incorporated that either has been incorporated in their ODS or is uh separately in their resilience to make their city safer for um in in in regard to fire. Yeah, I mean these codes that we're referencing really are those gold standards and and are continually updated. So what we want to avoid is putting in, you know, we don't want to transpose those standards into the ODS and then they become outdated, right? We can rely on those organizations to uh, you know, continue to update and provide uh the best standards for the city.

Okay. I have I have another thing and it's about trees that are planted in the city. So where roots, you know, like where as the tree matures cuz what they what normally happens is we plant saplings or you know, but as the tree matures, they uproot the sidewalks and is there and I didn't see it and maybe I missed it in the document, but is there a way to address that? Yeah. So actually as part of our engineering um standard specifications that are already adopted by the city, we do have root barrier specifications um already adopted. So in here we do reference city standards specifications I think in the introduction. Um so that is something that is for all residential and commercial developments citywide. Um that has already been adopted.

Okay. Thank you. That's that's all I have at this at this time. Thank you Commissioner Johnson. Uh what do you Mr. Jones close Johnson Jones.

Very quick clarifying question because I I know this was based off of some resident feedback and um I just wanted to clarify it uh just so that we're it's out there. Um uh what is what is the process of enforcability of this? So somebody doesn't do it or you know like in other words nothing nothing nothing can everything has to fall within these guidelines and and you just flat out would say no you can't do it if they were going to try and do something else

if they uh there's an exception process so they can apply for an exception from this um and then it becomes a discretionary review um so then it would go before the planning commission or the governing body um and they would look at it on a specifically casebyase basis um and look at the reasoning why they are requesting an exception um and then determine whether that is something that they could approve or not. Got it. So in other words, if someone say said I I want to do contemporary, I don't want to do um what's on here, they could file for an exception and essentially that would come before the commission.

That would essentially be a very very large exception because it would be an exception to everything. Um but theoretically that would be possible. Okay, thank you. I that I I I heard resident feedback on that and I wanted that just out there publicly to kind of understand what the process is um so that we know what would come in the in the in the event something like that happened. So, thank you vice chair floor.

Uh thank you uh Chair Brandt. Just piggybacking on on what um Commissioner Jones was asking. It seems to me like there was language in the um in the document about a variance call calling it a minor variance. Um the exception process I think was mostly about a minor variance. It seems like completely changing the the uh the design. I mean changing the um architectural style would be more than a minor variance. So, it would be a judgment call, but um so I'm just throwing that out there. I I don't have a lot of questions and I'm kind of blown away by that. This document is excellent. I I um commend staff and the consultants for the job that you have done in taking our input and um coming back with, you know, sometimes I'll say I couldn't have said it better myself, but I there are things in here that I could never have said as well myself. I mean, there's there's just beautiful language in here that's very specific and very descriptive and um removes a lot of uh ambiguity. I mean it's the English language. Somebody will always, you know, try to interpret something their own way, but I I believe you that this job is done very very well. I I am just amazed by it all. And and not amazed because I thought you can do it, but just amazed at how good it really is. And um I think that this document is first of all even before these changes this document is far superior to what we had in the past in the old residential

design guidelines. It's beautiful. It's um it's well illustrated. It's laid out very nicely. a person looking at this would understand that Brentwood wants to to make a beautiful city. And if anyone who drives around in this city and goes up the different streets knows that there are many beautiful neighborhoods here and um I'm proud of what staff has done here to create a document that within the constraints that have been placed upon us by the state that this planning commission and future planning commissions and city councils can continue what the people who first conceived of this this city and began to build it out, wanted it to be, which is just a beautiful city, and this is what we have. So, I just want to say thank you very much. Um, and uh, it wouldn't be me if I didn't find a typo. Having said all that, so in section 564, it's the Victorian uh, materials and colors uh, under required elements. Um there is a shall be predominant bullet point and I'm not sure what that bullet point belongs to. So I think it might just be um a typo or something.

I'm on uh let's see I'm on uh this is 75 in the document in section 5.6.4 materials and colors. It's for the uh Yep. Yeah, I think there's just an extra carriage return there. Thank you.

Yeah. Yeah. And uh I I think that um when we pass a resolution, we usually leave room for staff to make minor adjustments. That is one. Um and I do especially if you I I know I'm talking too much, but I I just want to especially commend the definitions section. Um, I I think that adding the definitions like that and being really clear about things and um taking a lot of the subjectivity out of it. I think given that um we're not supposed to have subjectivity these days. I think that that's very helpful in terms of making this document not only a document that will ensure that we have a beautiful city, but making a document that will ensure that um we are in full conformance with what the state wanted us to do. And so, yeah, thank you very much. I really appreciate it.

Um I know a lot's been said already. Uh I'd like to echo most of what's been said. Um this document is amazingly comprehensive. Um, I wanted to share one additional thing about it that I thought was great was the um the itemized list of differences and then what the comments were and then what went into the document. I think that just simplified everything. I mean, I went through the whole thing. I just was like, "Wow, this is a really great summary for anyone who's just looking at it." But um um yeah, I I have no questions. I was just very very pleased uh how how it turned out. Um uh any other questions of staff otherwise we can proceed. Okay. At this time, the public is permitted to address the planning commission. Remarks are limited to five minutes per person. The city has received zero public comments regarding this item that were sent via email or otherwise for consideration. Copies of these comments would be made available on the city's website on the meeting information page.

At this time, we have one speaker, Danny.

Mr. or I'll pick up where you left off then with well it's not really complaints more concerns and now of course my my comments are all screwed up. So uh my major concern are developers taking advantage of these changes. So I have a series of questions. First one is has there been enough rigor? In other words, have there been any exercises to mitigate Cenino and SHA shenanigans using the contemporary bill example? Do we have any guard rails to avoid builder's remedy? It may be in there and I missed that page. But when there was the exception, the moment I heard that, I started thinking of builder's remedy. And will the public have anything to say? Does this apply to ADU or ADU requirements? And for example, my house is 23 years old, so what I see doesn't apply. But if I'm building a new ADU, do they fall under these standards or are they grandfathered in because I have old property or property I've had for years? And are there any addressing of infrastructure designs, streets specifically, uh, for example, Garren to put in as many homes as possible, created those streets where you have no parking on one side and not really a sidewalk on the other side. And it's sometimes very difficult to navigate.

and then building aesthetics uh visav homes looking into other homes. Now some of these I know we try to mitigate but um if you look at some of the newer homes you have to have blackout curtains, you have to have, you know, pretty much everything. Um, and again, the developer isn't in it to really help us. You know, they're in it to make a buck. And here are what we expect. But in the six years I've been coming here, I also expect someone to push it right up to the line. Oh, and that was it. Thank you. At this time, we have no f further speakers.

Okay. Um, can I get a motion to close public comment? I'll make a motion to close public comment. I'll second that. All in favor? I I All right, moving into discussion. Um uh would anybody like to start or maybe with a particular topic or I kind of open to where we want to start with this?

Well, I think that um the speaker made some pretty profound um statements and one of them uh having come through this conference to the conference that we just returned. Oh, look who showed up. Um, uh, ADUs, I'm a little concerned, uh, would this apply to all building structures related to residentials or or is this something that is exclusive to the main house?

This is exclusive to the main house. Per state law, ads are exempt from uh, design guidelines. Oh, well, okay. So we could have all of this work done and they can build a contemporary ADU in the backyard. Yeah. Okay. Well, that I'm going to let the rest of the com I won't take all the thunder. Now, speaking of that as well, the um I know Mr. Dorman had some comments here including the ADU. So, we got one off the list now. So, um, would anybody like to go next?

I'll I'll be brief. Um, I'll just say first, thank you to staff that this is a a truly thorough document. Um, thank you for the the piece on the ADU because that was a question. Um, I I think, you know, personally, everybody knows over these last couple conversations that I was a real stickler on the contemporary piece, and I know we all were were not feeling good about that. So, um, overall though, again, I I think, um, this document was very well put together. Thank you for taking all of the notes from the last meeting and putting them in into this document and giving us a chance to be able to see that. it. You really did some great work and um I I really have no questions um or anything else to really add to it other than just thank you for the work. Uh it looks great.

Thank you, Commissioner Jones. Uh Commissioner Johnson, any comments? Yeah, I didn't say it the first time. This document, I remember the first time we went over this, but this document is very, very well put together. I don't want to just repeat everything everybody has said, but it is it is it does capture everything. I was impressed. Um, it looks like we'll have a beautiful city. So, I just hope we can maintain it and maintain the document as time goes on. Thank you, uh, vice chair.

Thank you. Um just to give you an idea of how well laid out this document is. I I just read the whole thing this afternoon. Um just a a final reading and I was able to recall that uh the question about the window alignment was answered in this document in section 4.8 is called window alignment and then 4.8.1 8.1 which is the only subsection is also called window alignment and it reads in full within single family and multifamily buildings windows facing each other and located within 40 ft of each other shall not directly align with one another. So you know um this document again is so well laid out and um logically set up so that I think you know not just planning commissioners or um planners or community development but I think any member of the public um can look at this document and see what's required and I I just applaud that. Um, again, I I care most about how the public in general perceives the benefit of growth and um I just think one more time, it's awesome and I I just um cannot thank staff and the consultants enough. Thank you. And that was my comment. Yeah, Commissioner Johnson,

just one quick thing. The use of the word furniture where you're talking about um I guess where they have that on on the sidewalks where you would have the where you could have trees and uh that little strip of land. I guess that's called the furniture. Um I'm just curious why is that called the furniture zone? And it's just kind of gives it like a misdomer I I want to say, but it's like if you look at page I I forgot to mention this earlier. Um page 12. So it's that zone. It's you know you have the sidewalk and then you have the it's that that strip of land that some can sometimes be used for

sometimes we would call it a parkway. Yeah. But in this case we called it a furniture zone because we meant for it to be kind of a program zone. and it's where a a bench or a trash receptacle, a tree could go. Um or or planting. Uh uh it's kind of the furnishings of the street.

I was looking I was looking at that. I was like, you know, trees, lighting, seating, bike parking, public art. I just the use of furniture just kind of I think it's just kind of an ambiguous term for the lay person. That that's just uh me. That was the only comment that I had about furniture. I mean, I know sometimes we have like restaurants might have, you know, the little table and chairs out there that might be furniture, but uh it's probably few and far between. But that would be my only comment for a more readable uh a more meaningful description of that area where you have grass, you know, that extra strip of land.

Thank you. Um I'll start. I want to answer a couple of the questions that were asked as far as builder's remedy. Um, Jennifer, I can you comment specifically what the intersection of this document and the builder's re remedy law uh looks like?

So, the builder's remedy law is only applicable if we currently do not have a certified housing element. So, at the moment we do we foresee having a certified housing element through 2031. Um, and our goal is to on the next one start early to make sure we have our housing element certified for the next round uh prior to the deadline. And as long as we continue to do that uh and have a certified housing element, then our builder's remedy would not be on the table for the city.

And hypothetical, if the city was vulnerable to build builder's remedy, how would that look in terms of its relationship with this document? If the city was vulnerable to the builder's remedy, um not just this document, but our zoning code, um and every city standard potentially, uh could not be applicable. Um an applicant would have the option to set their own standards, um in that case. Understood. Little little scary.

Yes. Um, and then I know that there the this document addresses a lot as it goes to circulation and you know there are parking standards that I I know that the BMC references specifically uh for new developments or existing developments and then you know commenting on the ADU stuff there's parking requirements for that. Is there any anything of importance necessarily to call out that this document highlights uniquely compared to those? Yeah, actually I think we strengthened um our position um as part of of the ODS currently. Um there's multiple city standards for streets. Um there's private street standards which don't require parking on both sides. There's public street standards. Um there's type of you know arterial and collector street standards. Um, as part of this, all residential streets, whether they are private or public, as part of these standards, are required to meet a standard similar now to our current street standard uh for public streets, which does require landscaping and sidewalks as well as parking on both sides. So, um, in my opinion, it actually strengthens um our current standards.

Understood. Thank you. Uh yeah, I I'll keep it short. The I know everyone's commented on how wonderful this document is and I frankly agree with that wholeheartedly. Uh we've seen this document several times. Uh I think this is what third number three. Uh and I'll speak for myself and I I believe that uh we are on our third hearing with this because of the degree of specificity and adherence to what we at this body believes as being u uh the standard of Brentwood's uh appearance. And there's a number of ways that we can objectively define what that appearance needs to look like. And so, as like Commissioner Jones described the removing that contemporary because if you drive around Brentwood, it's kind of hard to find a contemporary house. Uh, and yet you can see all, you know, all the ones that we've listed, the Spanish, the Italian, uh, the um, uh, all seven of them or so. Uh, you can see those pretty abundantly. And so I think I think we've done our best here to sort of identify what how Brentwood looks now and how we want it to look for the next however long this uh document remains and might take a revision or two in the future depending on uh what's needed. Um from my perspective I the main thing that I did was I went through a lot of very old pictures. I know the East Contraosta Historical Society provided a lot of really great content to just look at pictures of of buildings that we've had here in the last century. And I had a hard time finding something that was outside of the realm of what we're seeing here today. And so I I think that's definitely a testament to um from

where we've come and to you know where we're going to go with this uh with future residential and mixeduse developments. That being said, uh if no other comments, I'll look for a motion. Just on the change of the furniture. What? Oh, you wanted to express that strip of land between the street, the sidewalk and the street? Yes. Are you looking for a definition clarification? Just a change in that nomenclature of furniture describing the strip of land between the sidewalk and the street. That's is that is on page hold on.

Yeah. So, it's currently um designated as a landscape slash furniture zone area and and we could just change that just to clarify it just be a landscape zone area. Just take we could take out the the word furniture altogether if that it's on page 12. It's throughout the document, but it's on page 12. It's very minor. It's just I don't want it to be confused to people. Uh I just want to be more more specific. You can look at page 12 as an example. Is there a similar definition that we can leverage that maybe uniquely identifies that from traditional landscaping? I don't know. I'm trying to think

it's really just the title of the area. Furniture and benches would still be allowed in it, but my understanding is it's just when you see the title, it's confusing. It's not necessarily the definition of what's allowed in that zone. It's just the title of it. Because yeah, you can have public art, you could have um you could have uh bike lane, you could have a street light, you could have grass. Yes. So there there's multiple things that could go in that area. Um and and so yes, we could change it just to landscape area, which would still be applicable and it still be understandable within the document, I believe. Yes. If you want it to be more general, it could just be a buffer zone. I mean, that's essentially what it's acting as.

Yeah. Uh, and that could include the landscape, street furniture, etc. Right. Buffer zone is fine. I'm just trying to make it a little more precise. Yeah. So, um, you know, as I look for a motion, consider the possibility of, uh, Commissioner Johnson's addition of the, uh, furniture amendment, I guess we'll call it.

I can make the motion if you want. Um, let's see. I make a motion to adopt resolution number 25-015 recommending that the city council adopt an ordinance appro approving text amendments to the municipal code related to the adoption of objective design standards for residential and mixeduse development with one modification to rename the landscape furniture zone to buffer zone. I'll second

just to uh quickly jump in. Does that motion also include um the nons substantive revision to uh section 5.6.4 with the extra bullet point? Oh yeah, that's just a a character return, but yes. And I second that. All in favor? I I I

motion carries 5-0. Okay, moving on to Sorry, what? Oh, thank you. Thank you, Andrew. Uh, moving on to item H2. Um, I have a small request to shift the I know Jennifer and I spoke about this uh the the order here. Um, I will be uh recusing on number four out of because there's four uh proposed items here. Uh, that's uh resolution number 26-7. Uh and so uh what I recommend is that we proceed with the first three and contain our discussion to the first three. That way I can uh recuse on the final uh number four and then uh the discussion can resume. And just to clarify my my recusal um oh sorry I have a statement here. Sorry. Um, I'd like to request a a separating resolution 26-7 from the uh H2 resolution separately. Uh, I'm recusing uh myself due to uh my daughter's current attendance at a school within the boundaries impacted by this proposed priority area one amendment recommendation.

Okay. So, we'll start uh Jennifer. So yeah, I guess we'll just cover the first three and we'll uh I'll allow vice chair to proceed after that.

Yeah. So I'm going to go ahead and give the overall presentation and like you said, once we are complete, we can take questions and public comment um and voting on items one, two, and three. Um at which time then we can recuse herself and have vice chair take over um and hear the last one. So thank you chair and members of the commission. Tonight we are here um to consider text amendments to the Brentwood Municipal Code related to state legislative updates, gas stations, stream setbacks, as well as updates to priority one specific plan related to private schools and uh public schools. In January of 2023, the city council reinitiated the city's zoning code update, including focused and phased approach that included three main tasks that are shown here. Tonight's agenda is related to task two, our zoning code update required by zoning by state law, as well as task three, which is our focus zoning code updates, as well as other amendments to various sections of our code and priority area one to better reflect the community's values based on feedback from the community and the city council. The first recommended update tonight is related to the state legislative updates. Recent years have seen numerous changes in state law as well as various legal decisions that have created inconsistencies between city's current zoning ordinance and state law. And in order to create consistency throughout um as well as existing land uses, staff has drafted updates as summarized in the agenda report and identified here related to our signed ordinance, processing and review procedures, appeal procedures, microeconomic home micro microenterprise home kitchen operations, which we call Mikos, um public hearing notices and electrified fencing. The second recommended update before you tonight is related to automobile service stations and gas stations. On November 12th of 2024, the city council decided

against prohibiting all future gas stations or their expansion and instead directed staff to draft an ordinance that capped the total number of stations instead of prohibiting them. Based on this, staff is recommending that service stations be limited to a total of 20 stations throughout the city and has proposed amendments that are included in the agenda report for you tonight. The third recommended update is related to stream setbacks. In October of 2024, staff presented the city council an update and requested direction on ongoing implementation actions of the city's conservation and open space element. One of the specific actions related to the discussion was action COS4F which is shown here. Since the city already requires substantial creek setbacks and riperian habitat protections through our participation in the East Contraosta County Habitat conservation plan association, it was recommended that these um guidelines simply be um reaffirmed uh by reference as part of our zoning code update. Oh, sorry. There's the element action shown there. And the fourth and last recommended update is related to PA1 and schools. Current requirements within the specific plan have created inconsistencies with the city's current specific plan and state law as outdated as outlined in the agenda report as well as inconsistencies between the city's current specific plan and existing uses creating non-conforming land uses. In order to create consistency throughout the plan, staff is recommending updates to the specific plan to eliminate all mentions of public schools and return private schools back to conditionally permitted uses as they were previously allowed. With these final recommend recommended amendments to the zoning code, staff believes that the city code will continue to reflect the community's values and will be consistent with state law and professional best practices. It will update and streamline development

review processes and will be written as to be easily read, understood, and implemented. Based on this, staff is recommending that the planning commission recommend uh the amendments to be approved by city council approving the resolutions before you tonight. And that concludes staff's report. Um staff is available as well as Perry Banner from Denovo Planning. Um our consultant that has helped us on our focus zoning code update is also available uh via Zoom tonight. And that concludes staff's report.

Thank you, Jennifer. Uh any questions of staff before we uh No questions. All right. At this time, the public is permitted to address the planning commission. Remarks are limited to five minutes per person. The city has received zero public comments regarding this item that were sent via email or other otherwise for our consideration. Copies of these comments would be made available on the city's website on the meeting information page. We have one speaker, Danny,

nothing to do with this. I just wanted to make sure it was known. I thought the report was great, the previous one. Um, I just always worry about Ceno and Shay. Thank you. At this time, we have no other speakers in Zoom. Excuse me, in person. In Zoom. It looks like we have all staff. So, there are no speakers in Zoom. Thank you, April. Um, can I get a motion to close public comment? Summit. Chair Chair Brand. Um, just a minor point of procedure. It's a motion to close the public hearing and not necessarily just public comment.

Sorry. Excuse me. Motion to Well, you So moved. Second. All in favor? I I I. Motion carries. Uh is there any discussion by the commission for the first three items at least? Well, um, if I may, so we've got 19 gas stations in the city of Brentwood, leaving, if I heard, uh, you correctly, 23 was the cap. 20. 20. 20.

So, we've got room for one more. Are there any that you know in the hopper? Yes, we currently have one um application in um that is under review. It would um it is located on Sand Creek Road uh on the extension just west of the highway um on the north side of um San Creek Road. Um it is currently under review. It is a conditional use permit um and so would be required to come before the planning commission for final approval.

Okay. Thank you, Jennifer. Any other? Well, yeah, we're in discussion, so go ahead. So, hi. Hi, Jennifer. Just quick question. What is the projected um population of Brentwood like 10 year? I I think I'm just I don't know. I don't need an exact number, but just trying to is it I I do not know. I would have to look it up unless anyone else knows. Yeah. Good evening. Um it's about 80,000. according to the current general plan. But again, those projections were based on data from like about 10 years ago. So we don't have a

more accurate figure, but that's the number we use basically. So I just have a one quick question. Is that if the population grows, you know, we have a lot, you know, a lot more homes and we need, you know, the gas stations. What'll happen is if you have only 20 gas stations, the price will go up and because there's lack of competition, is there any way to amend it to increase over time sometime in the future?

Um, at any time through the zoning text amendment process similar to this, uh, the city council could direct staff to increase it. Um the an applicant also on their own could technically recommend a zoning text amendment um to be heard before the planning commission and city council, but all of those would be um legislative actions that would require it to go all the way to city council for final review and approval. Thank you. Yep. Vice chair floor.

Yeah. Um just on the the last part uh point that um Commissioner Johnson brought up. Um that's I understand the concern, but it seems unlikely that unless we expand the size of the city at some point in the future. Um I like maybe during an annexation discussion that would be something we would bring up. But in general um usage of gasoline is going down. cars. The newer cars that are being made um tend to favor the uh hybrids that get, you know, 40 50 m per gallon. Um we're seeing a lot more electric vehicles on the road and um the need seems to be more for uh new new charging stations, more than new gas stations. So, um, as for myself, just looking at the trends and being somebody that has, um, a lay person's interest in this, um, I I don't see any particular need to modify the language at this time to allow for more in the future. um the there is a process already in in place for um just such an amendment as we're doing now could be done in the future if such a need did arise, but I I don't see it happening.

Commissioner Jones, any comments? No comments this time. Thank you.

Um thank you. Uh so I guess I'll go through my math again because I remember I brought this up last time. So, we know 62% of Brentwood residents who drive to work, they drive alone. It's about 20,000 people. 25% work from home. The average commute is 40 minutes. Uh, we can go into all the stuff about how much an average household spends on gas. Basically, what that comes out to is that they spend about 17 they buy about 17 gallons a week. If you take our VMT and throw that into that equation with um a typical we call it average MPG of 31 based off of the if you take the total number which we have of every vehicle registration in 94513 area code across from 2010 up to 2024 I guess is when I did it. Um everything from 27 and a half all the way up to 54 and a half. Basically, that gets us to what 280,642 uh gallons per week across 20 gas stations. Basically, what it turns out to is like if you have a station of six pumps, a small station like the Circle A over on Lone Tree in Brentwood Boulevard, it basically means your pump is occ uh you have all of your pumps occupied for a total of two hours per day. It that's our current throughput for gas stations. So, we have plenty even if we were to double in our population, we have more than enough space. and places to essentially buy it. And you're welcome to check my math, too. I I just that my main concern was exactly what you had described that like look the price of gas and we already know it's going up. It's like let's just let's just throw this let's get some variables in there. Let's you know crunch the numbers. That that's what I that was my conclusion. But I was it surprised me as well that it was that low.

Yeah. I I haven't come from that industry. I'm not talking about necessarily changing what it is now. just wanting to ensure that there is flexibility. Um service stations if if it were what you were saying, you know, I think in terms of throughput, they wouldn't be able to survive with that low volume. So, they wouldn't make enough money to pay the rent and the bills and all that sort of stuff. But that being said, if it the need arises at some point in the future, it can be addressed. If it doesn't arise, it don't has to be addressed. It's a just uh you just wait and see. Yes, exactly. My only question to staff was regarding the electrified fences and I excuse me, I forget what the um state law was addressing is something to do with like commercial uses and on their properties. Can you give us a general sense of you know what how much of Brentwood may be impacted by that by um essentially adding that to our m municipal code? So off the top of my head without pulling it up, it is a a law. First of all, it I believe sunsets two years from now. So it is something that only is is applicable for two more years unless it's extended. Um and it is only applicable to auto related facilities. Um and specifically body repair shops and things who um have storage of vehicles on site um that have frequent breakins and frequent parts stolen. Um, and so it set up an expedited process in order to securely protect those types of facilities with

electrified fences where most cities currently don't allow electrified fences at all. Um, and so it's very specific to the type of use. Um, and then the setbacks still have to meet normal fence setbacks. So you couldn't put an electrified fence where an existing fence couldn't be. Um it's just a type of fence that would be allowed and it would only be for autorelated type uses. Understood. My memor is not so great right now, but I I believe it was a maximum of 12 volts for electrification. I I don't I think I read that, but I I could be wrong.

That I I do not know. I'd have to pull up the specification. I have it in front of me. It's civil code section 835 and yes it does specify 12 no more than 12 volts. Okay. I mean I know we don't have a physician here but I my only question would be the uh you know impact of 12 volts on you know just my kid runs in the opposite direction and touches the fence. I mean 12 volts is not a whole lot but you know that equation of how you calculate how much power actually goes through voltage and all that it can add up real fast. Yeah.

And and the state law actually does specify that electrified fences have to be within another fence. So you you'd actually have to jump the first fence before you hit the electrified fence. So it would protect your small children from running up and hitting it. Uh teenage children who might be trying to get in trouble and jump over the fence is is a different question. But luckily it would protect smaller children from just running up and touching it.

Yeah. Yeah, unless my oldest son decides to be a pole varter, I guess we'll be okay. Yeah, thank you so much. Um, I think that is all. Oh, and then the um for the the MCO, I think that's the acronym you described. Um, I don't know if you're all y'all are familiar. It's these are uh they seem to get a bad name and they I can I've heard they also are called ghost kitchens. It's very common uh now for in I I would say larger cities where from an economic standpoint the basically someone in their home would be able to operate a like a nontofront restaurant. So if my mother-in-law makes tamales I out of her home if she lived in Brentwood she'd be able to make those and then have people essentially do door dash um with that. So provides a kind of unique at le I could be wrong but this is my understanding of it is provides a unique opportunity for the city to also have presumably an additional revenue um and and such. It's it's not just you know allowing folks to be able to do this sort of thing but

yeah that is absolutely correct. Um it it was a law that was passed actually quite a few years ago, but because city counties regulate our health department, um counties are the ones that actually had to opt in to allowing it within their county. Um and Contraosta County was kind of late in the game to opt in as our county. Um Alama County opted in quite a few years before that. Um but once Contraosta opted in, they are actually the regulating agency. So, just like a restaurant, um, Contra Costa County would have to inspect it for cleanliness. They have standard sanitary uh requirements and so they're required to do it, but it is for smallerbased um restaurant or uh food prep is is the majority of what we've seen type kitchens. They're limited on the number of meals they can do per week. Um, they're limited on the volume. Um but yeah, we we have seen it where it's it's meal prep kitchens or very specific things like that or you know in some cases in larger cities uh ghost kitchens.

I've heard like you know doing bake like you know somebody's baking pies and cakes and for sale and they got like commercial you know ovens and stuff. So, but they'll bake tons of uh baked goods and items like that for sale to restaurants, could be to other folks. Yeah. So, like I said, I think there's a lot of creativity there in terms of new economic opportunities and lowering the barrier of uh higher upstart cost potentially uh by enabling this. So, very cool. Chef and the chair chef capabilities. I can't cook. I can only cook outside. That's my joke. Yeah. Um anyway, so uh is any further discussion? I know we're we're I have some

Oh, vice chair floor.

Uh I'm sorry. I I was just going back through um I had noticed a typo earlier when I was doing my reading of this and uh had lost track of it, but I found it. I think it's a typo. I'm not really sure. It's um it's in attachment two, which is the first draft resolution, and it's on page 9 of 12 is the heading at the top of the page. And um as far as the PDF, if you're looking at the individual PDF, it talks it's um section five, section 178810. And 1718. At any rate, I'm reading a paragraph one about government code section 65864 and it goes on and on and on and starting with under appropriate circumstances that the sentence never ends and there's kind of a therefore in the middle of it

without the e. Well, it's not that that there's not an e. It's just that uh the the sentence therefore you should do something and then the sentence never does anything. Um it just keeps describing and so I think it might be grammatically incorrect but maybe I'm just reading it wrong. Maybe Britney has some comments on that like grammar. Just taking a look at it right now. Thank you. Doesn't therefore have a E in it? It does. I think it does. Oh, you like but that but that's really not what I care about.

Therefore like on what the runon sentence police has I don't know if uh staff has any thoughts on the sentence. I mean I think it is kind of a long sentence can probably be broken up. Yeah, in in the case of of this, uh I would recommend um that staff look into it prior to uh prior to presenting it to city council um and modify as appropriate.

Yeah, I think that would be appropriate. Just have a look at it. And that was in the staff report. What? Page 143, I believe. Not 142. 142. Okay. Just as a mental note, it's 143 in mine. I'm not sure. Yeah, that's mine is 143 as well, but 142. Okay. One of the two. Uh, in reference to what? Vice chair for it's it's PDF page 143 and non PDF page 142.

Got it. Okay. Um, so also considering Vice Chair Flor's uh grammatical amendment, uh, I'll look for a motion on the first uh, three resolutions. Uh, I make a motion to adopt resolution number 26-004 recommending that the city council adopt an ordinance for text amendments RZ26-001 to the Brentwood municipal code that would amend and add regulations for signs microenterprise home kitchen operations public hearing uh notices electrified fencing and application review and appeal procedures. to ensure consistency with state and federal law. Do we want to go through all three?

Oh, you got to do it one at a time. Let's do them one at a time. Yeah, I think one time. I'll second that. Can you can you um just as a friendly amendment add the uh the grammatical clarify? Yeah. With a amendment to uh the grammatical error uh brought up by vice chair floor and the spelling of therefore. You want to start with Can we get that second one more time on the mic, please? I second. Uh, so we're in reference to number 26-4, correct? Okay. Uh, all in favor? I I

Okay. I'll also make a motion to adopt resolution number 26-00005 recommending that the city council adopt an ordinance for text amendments RZ26-00001 to the Brentwood Municipal Code that would limit the total number of automobile service stations gas stations to 20 within the city by adding Brentwood Municipal Code Chapter 17.665 665 automobile service stations, gas stations. I second. All in favor? I I.

Motion carries. Uh, I make a motion to adopt resolution number 26-006 recommending that the city council adopt an ordinance for text amendments RZ26-00001 to the Brentwood Municipal Code to add regulations and development standards related to stream setbacks within the city by adding Brentwood Municipal Code Chapter 17.625 stream setback regulations. I second. All in favor? I.

Motion carries. Um I will recuse for the final item for the reasons I described earlier. Thank you. All right. Um, we have one more uh resolution to consider. Um, let's see. Uh, I guess I'm going to go back to uh clarifying questions just on um the fourth resolution which is uh 26-007 uh relating to the uh specific plan and updating regulations related to private and public schools in case anybody has any questions for staff.

Um and uh Commissioner Roberts. That's right. I do not have any questions at this time. and Commissioner Jones. And again, just to clarify, it's essentially removal of the words public schools and keep it strictly to private. That is correct. Thank you. And Commissioner Johnson, none at this time. And um I think we've already done public hearing. Do I need to open public hearing again? Should I? I I think we should because we broke it up um this way.

Fair enough. Um, at this time the public is permitted to address the planning commission. Remarks are limited to five minutes per person. And just as a reminder, we're discussing um at this time we're only discussing the uh resolution 26-007. April, we have no speakers present and in Zoom we have all staff. Okay. Um, so I don't Oh, we do need a motion to close the public hearing. I'll make a motion to close the public hearing. Second. All in favor?

I I All right. And moving on to discussion. Uh, Commissioner Johnson, do you have I have nothing at this time. Okay. Uh, I have nothing at this time. Okay. Same. Thank you. And I have no discussion. I'm prepared to entertain a motion. If you got yours,

Commissioner Roberts, we need the mic on, please. I make a motion to adopt resolution number 26-007 recommending that the city council adopt a resolution for text amendment SPA26-001 to the priority area one specific plan updating regulations related to private and public school facilities. I second. All in favor? I I

And can somebody invite um Chair Brandt come back into the chambers? Thank you, vice chair for covering. Um, moving intoformational reports from committees and upcoming meeting schedules. Um, for the transplant, I guess that was my last meeting. Uh, unfortunately, I wasn't able to attend because we were all down south. It was last Thursday. Um, design review subcommittee.

We did not meet. uh and land use. Uh our meeting was canceled. Municipal code review has not met uh this year. Request for new agenda items. Um any future agenda item requests?

Oh, I have one. Um, so I I'm not quite sure how to to word this, but um I am a little concerned about how we sit up on the dis and we are doing everything we know to do to protect um the frame of this city uh and the residents and their desires that we hold near and dear to our heart. um listening to the residents and so on and so forth. So, it behooves me to see the county come into our city and erect buildings without any thought to the residents and the businesses in the community. Now I I guess my and so that's the context my concern and and I have spoken to some of my colleagues at the end of the day there has got to be a discussion so that this dis can um communicate out to the community that we have absolutely no control over what the county elects to do, whether it is part of our general plan or not. But I do believe that there's got to be something, and I'm not sure how this plays, um, Mr. Notheus, but there's got to be something where we even though the county apparently could care less. Um, and this is the word that's coming back to me from the community that is

uh on um Business Center Drive, how we can engage a community that they're not engaging at all uh to listen to their concerns because the county is not. Is there a way and I'd like for the entire DAS to be a part of this conversation um where they can at least have community input. Um, I know it's not our project, but it is our city, and I'd like to know if there is some way that we can at least engage our residents uh with concerns and perhaps I don't know, take some kind of um narrative, bring some kind of narrative back to the county, but apparently the county is not listening to the residents. So, um beyond the county, uh the state legislature, I just need to know how that might work. Um, and a little more context, I did speak with some of the legislators at the um, conference and it is impacting not just our city, it's happening in some other municipalities and they are in fact in a place where there are avenues in which are taken to not stop what's happening because I don't think we can do that but at least communicate out to the residents that that is happening. to give them some form of assurance of either its safety or its pluses or minuses, but to at least have the residents input. I know that's a lot, but that's something that has been on my mind. and it's in my community so I take issue with it but I

have spoken with the residents in that community along with some of the businesses and they are not happy because they were completely ignored by the county. So, I I I'd like that as an agenda item, a future agenda item to have at least a discussion or find out what you can. And more than that, uh, part two, I don't know that the city is being advised by the county of what the county's plans are for the city of Brentwood, but if you are, I'd like for that to be shared with the planning commission. And if you're not, I'd like to know if you have any remedy on how to find out that information.

Pastor Roberts, if I may, I'd like to piggyback onto your um item. I just with an observation, I I noticed in the um there was a staff report to the city council meeting. I believe it was the most recent meeting that mentioned something about the planning commission could review the design. um it wouldn't be binding, but it would be something that the planning commission could do. Um and acknowledging that doing a design review that um had no um enforcement mechanism uh would be a burden on staff, time, and materials. Um I I do I I am curious if if I'm my recollection is correct about that. and um if such a thing was considered. I I recall no no discussion at city at city council about that, but it it seems like it was in the staff report somewhere. So, if if that's a thing I I would like to add um a discussion of that particular avenue among the options that um Commissioner Roberts wants to contemplate. Good evening again. Um that's a lot to take in. So I my thought when you were mentioning it uh Commissioner Roberts was so there was the future agenda item that Vice Chair Flor had brought up a while ago about just the overall process and how staff works through applications and formulates recommendations. My plan was to bring that back to the commission uh next month and I'm wondering if so usually the the future agenda items is kind of a two-step process, right? Where it's mentioned at an initial meeting and since it's not on the agenda, there's really no discussion about it. There can't be discussion about it. It's brought back for a more formal

discussion about how you want to proceed with it. But I was thinking maybe we could include some sort of county discussion as like an example of the type of project that staff and the and the city reviews. Um, and we could kind of throw that into the mix when we have the broader discussion. And then depending on how that discussion goes, you can potentially get into the into the details or weeds of example type projects. And in the meantime, I can send out um because I've done this before and hopefully this works for the commission. Uh more or less like a summary email like reviewing the information that was discussed at tonight's meeting and then providing you with some of that existing kind of and potential county information so it helps kind of inform the discussion next time if that makes sense. That would be my preference. Unless Britney, you have a No. Okay. Does that sound

That sounds That sounds great. And so when a notification go out to the because the community is is is

they're not on board. They're very upset. Uh I I know it'll be a discussion for process. But I'm wondering if when we make this notification or we put this on an agenda, is that something that we can extend to the community so that the community understands the process as well? because being left out, which is how they feel, and this isn't about jobs, by the way. I've I've heard this this um narrative that it's about jobs. This isn't about jobs. This is about folks that are transferring from one location to another. And if there are jobs, there probably more jobs being offered at Burger King than there are on this big project that's going on in my neighborhood. That being said, I would like to yes explore that that you've mentioned and I'd like to make sure that the notification is out there so that the public can weigh in on a process like the one that is is um before us and the one that I'm inquiring about. So, I think that that would be great.

Yeah, I understand what you're getting at. I don't want to commit to any specific type of notification process right now because ordinarily for that type of item, we wouldn't provide either like a newspaper or a mailer. Um, so let me kind of noodle that like how we might do it in the meantime and I I will get back to you. Um, but just the general approach does that kind of address your Okay, that's fine. I appreciate that. Sure. And you you're you're believing that this might be something that we might see on an agenda next month. That would be my goal. Yeah. Is to kind of just kind of group it together as a big discussion item, right? And we can identify it appropriately on the agenda to give the commission flexibility to

ask questions. Um and I I think as as you know, just real quick, the I know the I know exactly what you're talking about and of course um it has created a bit of a stir. We're very well aware of it. We submitted our own comment letter to the county, but that that's not the only uh property that the county owns in the city, right? So, there's other stuff. Sure. And and I can include that in the email to the commission so that you're aware of kind of the bigger the bigger picture. And it's not to say the county might purchase other properties in the next few months or a couple years. We don't know that. But I can tell you what we have on the books as far as what the county owns. Sure. Um Okay, that sounds like a plan.

Yep. Thank you, Eric.

Great. Thank you. Any other future agenda requests? I I just have a singular one. Um few years ago, the this commission had recommended a um a widening of the notification uh from 300 ft to the uh I think the FPP FPPC standard of 1,000 feet just to keep it all uniform. It's great idea. Um, one of the things and actually that that project in particular got me thinking about do we h would we be able to make a standard above that that in which a threshold could be breached that would essenti like we come up with some type of objective criteria that would then require not only notification to the just the 10,00 res well the 10,00 crow flies um for the for the city or maybe the applicant to host a have essentially require them to host a town hall if they meet certain requirements. So whether that be uh a flooring square footage or um a particular type of use maybe or um you know a certain residential density. Um it the idea here would be that we have an existing standard for a typical like just job project whatever you know whether it's a it's a gas station or it's a you know 14 home apartment building that kind of thing but we don't have one that really addresses the what I would consider be so your your costs for example that's a massive building that employs so many different people um and it the impact of a building like that is even more significant than just the surrounding 10,000 residents. And so I would like to work with this group to be able to determine what those thresholds

might look like and then ultimately recommend something to council that indicates that once these criteria are met uh objectively that we could proceed with having a town hall hosted. So in my opinion it sort of reflects the larger impact that a potential project could have and not just on the small area uh surrounding it. Um interesting concept and I think I understand what you're getting at since this one would fall into the more traditional process of you know requiring additional discussion. What I would say is we could put that back on the next agenda, right, for the full discussion and then the consensus about whether to proceed with it or not. Great. I'm good with that.

Okay. Anything else? Okay. Uh the next regular planning commission meeting is scheduled for April 7th, 2026 at 7 p.m. and will be held here at Council Chambers located at 150 City Parkway. Do I have a motion to adjurnn? Second. One second. We did not get that motion to adjurnn on the mic. He beats me up bad. So moved. Second. All in favor? I.

You better love April.