On Tuesday, the Brentwood City Council denied a Conditional Use Permit and Design Review of Popeye’s.
Although Popeye’s was approved by the Planning Commission last month in a 3-2 vote, councilmember Jovita Mendoza pulled the item for review as she had several concerns. The council agreed as the project was denied in a 4-1 vote with Councilmember Tony Oerlemans dissenting.
The proposed Popeye’s drive-through restaurant and site improvements sits on a 3.4-acre parcel located at 7820 Brentwood Blvd and would bring 20-30 jobs to the city–updated, there will now be a community courtyard incorporated into the project
Although Popeye’s was approved by the Planning Commission last month in a 3-2 vote, it did not come without concerns over the inclusion of a proposed 21-vehicel drive-through component–however, later in the same meeting, the commission approved a Dutch Bros at the Streets of Brentwood with a 27-vehicle stack. The final design and community courtyard was to also be approved by the Design Review Subcommittee.
However, on August 8, before the Design Review Subcommittee could meet to finalize plans and approvals, Councilmember Jovita Mendoza called for a review per the municipal code.
Applicant Commentary
According to the staff report, the project proponent, Charlie Brown, has paid a total of $23,577 to cover staff time and materials associated with the project. There are no specific fees associated with a call for review.
Jason, representing the applicant, spoke on how since the item was being brought to the council wanted to present the project in its original form due to changes the planning commission made would and could have greater impact on the shopping center—such as traffic flow and how it interacts off-site.
Sunny Ghai, Popeye’s franchisee, shared he worked on the project with multiple revisions to get it towards “perfection” while noting they will be using AI in a few years to speed up traffic flow with one lane of the drive-through being pickup only through online orders and the other for ordering. He called it the future.
Ghai also said nothing has happened in that lot for over 10-years and he was bringing a $3 million project. Which would be the starting point to boost the area and better tenants will join the area.
Jason Reed, CBRE, stated he had been working with the property owner for various projects for over a decade and called it an important deal for the shopping center and an opportunity for the owner to stimulate economic development in the shopping center.
Mel Young, managing owner of the shopping center, said he looked forward to having a Popeyes in the shopping center and urged them to support the CUP.
Bob Gutierrez, a former chair of the California Hispanic Chamber of Commerce, called the project exciting and he said smaller businesses were excited for more foot traffic and those in the shopping center signed a letter of support. He also explained they gathered 349 signatures in support of the project.
“All those signatures were gathered right in the neighborhoods that are adjacent to the shopping center,” explained Gutierrez who said this project would increase opportunity for consumers noting if you build a store here, they don’t have to go to other cities anymore.
Several residents also spoke out against the project in public comments.
Council Discussion (summary)
Councilwoman Jovita Mendoza was critical of the project and also expressed concerns over comments made by the planning commission and how it complied with the Brentwood Boulevard Specific Plan.
“My phone blew up this weekend over your petition gathering. People were upset and people felt intimidated,” stated Mendoza. “Some of the shop owners felt like they were strong-armed which is very concerning that someone would go and pester shop owners in that way and made to feel like they would not have their businesses if they didn’t sign. That is like something out of a movie and I don’t want to see that in Brentwood.”
She referenced the Brentwood Boulevard Specific Plan and highlighted how she did not like the design and called it “way to modern for that part of town” and not what she was looking for. She believed the owner of the property could find another applicant noting they found a tea shop in 3-days and Popeye’s was not the only choice.
Mendoza continued saying she didn’t like the flat roof and did not meet the specific plan. She suggested if they wanted to open a restaurant they could do so without the drive-through.
Vice Mayor Susannah Meyer said while there has not been a lot of interest in the parcel, it also had never been out to bid. She said they couldn’t judge the amount of interest since it has never been out to bit. She also was upset over the Healthy Places Index of that section of Brentwood and was actively trying to improve the area and uplift the area with things that would not gentrify but bring choices.
She also referenced the hundred of social media comments by people stating they don’t need any more fast food and do not need more drive-through and this project concerned her.
“I don’t have anything against Popeye’s but I feel like we are being irresponsible if we allow more fast food in an area that already has such low access to healthy food,” stated Meyer.
Councilmember Tony Oerlemans asked the applicant if there were other offers of sit-downs or restaurants to come into the local. The applicant said “no”.
Oerlemans asked if the “upkeep will change” if Popeye’s came and how. The applicant said “yes” because now they would have money to work with. They also would still be able to have the festival and had no idea why people think there could not be a festival.
Oerlemans asked if the Popeye’s would cause rents to increase. The applicant said that was not the plan because they are local tenants and they are mom and pop operations and would be difficult to increase their rents.
“I am not a big proponent of the government telling us what we can and cannot eat, giving us access to what we can and cannot have or should or shouldn’t have,” stated Oerlemans. “I think if the citizens of Brentwood want fast food restaurants, they are going to continue to come. The only way they are going to stop coming to Brentwood is if our citizens quit going.”
Councilmember Pa’Tanisha Pierson said she understood the argument that people had the right to choose, but in that area there is a lack of transportation thus limits the food options those in the area with many in that area not having transportation.
“I don’t want to make decisions about what is health or not, but I do think the government should make more choices about how we can provide more healthier choices in all communities,” said Pierson. “
Pierson said she was concerned about the Brentwood Boulevard Specific Plan and would like to see that area more diversity, but did like the aesthetics of the building and the modern look, however, the project does not bring the diversity to the area and people want sit down restaurants. She also had concerns of the 21-vehicel stack with the drive-through.
“I don’t know about having a drive-through with 21 cars, it freaks me out. It freaks me out for safety concerns for people who are running. It freaks me out for business owners who may be afraid to come here tonight for fear of raised rents or for their leases not to be extended,” said Pierson. “I don’t know this is what the people want and what the people need. If I was to vote yes, it would be without a drive-through.”
Mayor Joel Bryant called that part of town very important and had been on the Brentwood Boulevard Specific Plan on two occasions and was intentionally intended to be a funnel to the residents to be able to move from Brentwood Boulevard into downtown and vice versa in an effort to expand the downtown corridor.
“Its frustrating as a property owner to not be able to do what you think is best or would like to do for it and it’s a difficult situation. But I will tell you, I am concerned about some of the things already mentioned about the property, the rents, leases, especially in this economic environment,” said Bryant. “If putting a new restaurant would significantly increase the rents, that would cause the families that have those small business in there to struggle more than they do… my concerns is having another drive-through in that location is going to present some challenges.”
Mendoza reiterated she didn’t think the project was a good fit for the area or the right thing for the area.
“The people I talk to down there, they don’t want it,” said Mendoza.
Oerlemans said there were a lot of assumptions being made about rent increases, people cannot run in parking lots and bad things could come, but there was no proof it was true—only assumptions versus asking if it was true.
“Mel, is that plan. We are just going to jack the whole rate of the mall and kick everyone out so we can put something else in?” asked Oerlemans.
Young replied they had leases and it wouldn’t happen based on relationships they have with tenants.
“It’s not going to happen. We know our tenants,” said Young. “Its not that type of situation where we go Popeye’s is coming in so everyone’s rent is going up. I wouldn’t do that. Even if I could, I wouldn’t because of principal. You can’t do that with people you have known for years and done business with. I just wouldn’t.”
Pierson said assumptions go both ways and there would be a safety concern with the drive-though and they were assuming they would use the $3 million to make improvements on the property. She also said its a fact that when aesthetics improve, rents go up.
Pierson asked the applicant if they would consider moving forward without a drive-through or a drive-though for just AI or virtual.
Ghai addressed Pierson.
“The big question is if I had to do something without a drive-through, why wouldn’t I go into a vacant spots in the existing center. Why would I put $3 million to build a building on that corner. And please don’t get me wrong, and I have seen this in Sacramento, You don’t like Popeye’s, you don’t like the way the drive-through and we are willing to work with the design committee. But what would happen if tomorrow morning, the franchisee in Sacramento for Twin Peaks, which is considered terrible, came down to the city and said I am putting a free standing Twin Peaks without a drive-through on that corner. You will not be able to stop it. Your choice now is something that’s more rational, you are not think between a drive-through and non-drive-through, you are thinking between healthy options. So its fine if I put a Popeye’s without a drive-through, does it become healthy? No it doesn’t become healthy. It is still the same food. The same employees, the same amount of money they get, everything is the same. So whatever you guys tell me which planning commission continued, I think that is baloney because you are not looking at the truth between the drive-through and non-drive-through, everything that is bad about Popeyes applies to it whether it is drive-through or not drive-through. You have it wrong, within the next 7-days, that gentleman in Sacramento, not me, I don’t do that. Is going to apply for that corner and it will be really interesting to see. He told me he likes the space and nobody will be able to stop it. So you guys are wrong every time you come back and tell me not to do the drive-through. You guys say people want to sit, this has 50-60 seats and with the outside it sits 80-90 people with all the benches. Popeyes is a family restaurant… you guys are not able to discriminate and I feel ashamed and I am blunt about it. You guys can deny it, but you guys are not doing this right. You are saying everything is wrong with Popeye’s but as long as you don’t put a drive-through we are fine with it. We are fine with the healthy food, we are fine with the traffic, we are fine with everything in that center as long as there is no drive-through. That drive-through is safe.”
Ghai said the property owner already said there would not be rent increases and there will be beautification on the property but without the increased revenue from Popeye’s, what choice are you giving the property owner?
“You are not giving him choice, you are making it worse for him,” said Ghai. “You are saying it can go both ways. No. If you deny it, you are taking away his income to help him keep paying his bills, his high-interest rate mortgages without raising rent. You have this all wrong and you are going to end up with a Twin Peaks in the city which you will hate and you will not be able to stop it until you actually go to court and do it because it doesn’t have a drive-through.”
He further highlighted there is an El Toretto building at 10,000 sq ft for lease that no one wants to touch due to the $20k PG&E bill
“Who says Popeye’s doesn’t seat families. Have you seen the plan,” questioned Ghai. “What you just told me and what happened in planning commission as well will let you build without a drive-through, we don’t care if its healthy food.”
He further called out comments made by Planning Commissioner Rod Flohr stating he had a conflict of interest when he said he didn’t want his kid at Popeye’s and watching a massage parlor.
“If you re-do it without a drive-though, are you going to tie a bandage across of your child’s eyes,” said Ghai who was then cut off by Pierson while he added “You guys have it all wrong.”
Pierson reiterated her denial would not be based on unhealthy food choices, but the diversity of too many drive-through in the area and there is another chicken place. She said it doesn’t bring the level of diversity, not the dislike of Popeye’s Chicken.
Mendoza added the drive-through is the problem and not the restaurant. She then moved to deny the conditional use permit and design review.
Conditional Use Permit Denied:
- The project would have a harmful effect upon desirable neighborhood character and would conflict with the Brentwood Blvd. specific plan – not create safe and convenience circulation along Brentwood Blvd. given the inclusion of a drive-through to serve the use.
- Not provide a variety of uses to residents and visitors of the Brentwood Blvd. Specific Plan area, as it would add another fast food drive-through use to an area that already has a myriad of such uses.
- Not create an attractive and inviting link between the northeast entrance to the city and the city’s downtown given the proposed design of the building
- Operate for prolonged hours (until midnight) utilizing a drive-through speaker in close proximity to residential uses.
- Council finds that the proposed project negatively impact the area in which it is located due to increased traffic associated with the drive-through use, and decreased parking available to other tenants
Design Review Denied
- Since the conditional use permit was denied, the design review could not be approved
The council voted to deny the CUP and Design Review in 4-1 votes with Oerlemans dissenting.
Previous Stories:
- Sept. 9 – Planning Commission Decision on Popeye’s to Get Brentwood City Council Review
- Aug 7 – Brentwood Planning Commission Approves Popeye’s in Split Vote
- April 17 – Brentwood Planning Commission Punts Popeye’s Decision
Documents
6 comments
Jovita Micromanager Mendoza strikes again. I saw the video contracostanews posted on Facebook. Shame on this city council for talking out of both sides of healthy but would approve it without a drive thru. Can’t have it both ways. I guess someone should apply to open a strip club, it doesn’t need a drive thru
I am in favor of a drive through strip club……………..
My conclusion from reading this is that Brentwood’s city council could also do with some “broom action” on election day.
Good job Brentwood! More fast food restaturants cheapens the city. Let’s promote local, family owned, eating establishments. We also have enough gas stations.
Opinions are fine, but if the city wants no more fast food, gas stations, or whatever, it should be limiting those through establishing appropriate zoning as it sees fit. What is not appropriate is denial of projects that ARE in compliance with the city’s zoning and permitting requirements just because some members of the council don’t like the particular proposed project or franchise and their negative votes are based on that rather that facts. It’s not the city’s place to decide if a business will succeed or not – and it is not even competent to do so.
I wanna go to the next town hall meeting and voice a few things about our fine city that I disapprove of. Rent prices…..ever since they started trying to make Brentwood a farm town into San Ramon Danville Bay area garbag…the city government does not care about it’s people one bit.. money money money they will let 100 jack n the box’s or McDonald’s or Carl’s Jr be built but a simple place that there’s not many of NO we can’t have that at all. Disgrace this city council is. The last 15yrs of mayors and council members have been replacing wonderful hard working people with bay area money and BS that comes with it. Don’t worry in 10 yrs rent of my 1 bedroom apartment by Napa Auto parts with be $4000 it’s already $2500 which is crazy… Wages never change for workers just government employee wages…well some I’m a state employee and get bent over at every corner. Prices go up rent goes up more laws more restrictions and wage suffers. Only the wealthy will be left in this town and will mark down as another city destroyed by greed. It’s sickening and downright disgraceful. At This point how many reps of our city are indeed born and raised here im curious?
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