Agenda packet — Brentwood City Council, August 9, 2022 (part 2 of 2)

 Prohibits the legislative body from requiring public comments to solely be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for members of the public to address the legislative body and offer comments in real time; and
WHEREAS, the City has already implemented and is in full compliance with the requirements listed above when conducting public meetings via teleconference, which are now codified in Government Code § 54953(e)(2)(B-F); and
WHEREAS, on July 5, 2022, Dr. Sefanit Mekuria, Deputy Public Health Officer for Contra Costa County, issued revised recommendations for safely holding public meetings, set forth in the attached Exhibit 1, including:
 strongly recommending teleconferencing meetings, as those meetings present the lowest risk of transmission of the virus that causes COVID-19; and  recommending that, if a local legislative body determines to hold in-person meetings, that the public be offered the opportunity to attend via a call-in option or an internet-based service option, when possible, to give those at higher risk of and/or higher concern about COVID-19 an alternative to participating in person; and  the development of and adherence to a written safety protocol requiring social distancing – i.e., six feet of separation between attendees – or face masking of all attendees, among other things; and
 and further recommended social distancing and face masking of all public meeting attendees; and
WHEREAS, pursuant to Government Code § 54953(e)(1)(A), a local legislative body such as the City Council may hold a meeting using teleconferencing during a proclaimed state of emergency when, among other conditions, state or local officials have imposed or recommended measures to promote social distancing. After the first such meeting held after October 1, 2021, the City Council must thereafter make certain findings no later than 30 days after the first teleconferenced meeting is held pursuant to AB 361, and must also make said findings every 30 days thereafter, in order to continue to allow teleconference accessibility for conducting public meetings; and
WHEREAS, on October 12, 2021, the City Council, by Resolution No. 2021-131, approved the continued use of teleconferencing for meetings of the City Council and all subsidiary City legislative bodies, from October 12, 2021 through November 11, 2021, per AB 361 (2021); and WHEREAS, on November 9, 2021, the City Council, by Resolution No. 2021-140, approved the continued use of teleconferencing for meetings of the City Council and all subsidiary City legislative bodies, from November 9, 2021 through December 9, 2021, per AB 361 (2021); and
WHEREAS, on November 16, 2021, the City Council, by Resolution No. 2021-143, approved the continued use of teleconferencing for meetings of the City Council and all subsidiary City legislative bodies, from November 16, 2021 through December 16, 2021, per AB 361 (2021); and
B.4.c
Packet Pg. 147 Attachment: AB 361 Resolution (2790 : AB 361 - Teleconferencing)

Page 3 of 5 ends

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

WHEREAS, on April 12, 2022, the City Council by Resolution No. 2022-44 approved the continued use of teleconferencing for meetings of the City Council and all subsidiary bodies from April 12, 2022 through May 12, 2022, per AB 361 (2021); and WHEREAS, on May 10, 2022, the City Council by Resolution No. 2022-57 approved the continued use of teleconferencing for meetings of the City Council and all subsidiary bodies from May 10, 2022 through June 9, 2022, per AB 361 (2021); and WHEREAS, on May 26, 2022, the City Council by Resolution No. 2022-66 approved the continued use of teleconferencing for meetings of the City Council and all subsidiary bodies from May 26, 2022 through June 25, 2022, per AB 361 (2021); AND WHEREAS, on June 14, 2022, the City Council by Resolution No. 2022-77 approved the continued use of teleconferencing for meetings of the City Council and all subsidiary bodies from June 14, 2022 through July 14, 2022, per AB 361 (2021).

WHEREAS, on July 12, 2022, the City Council by Resolution No. 2022-90 approved the continued use of teleconferencing for meetings of the City Council and all subsidiary bodies from July 12, 2022 through August 11, 2022, per AB 361 (2021).

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

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

B.4.c
Packet Pg. 148 Attachment: AB 361 Resolution (2790 : AB 361 - Teleconferencing)

Page 4 of 5 ends

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

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

4. That, given the fact that state and local officials continue to impose or recommend measures to promote social distancing, the City Council and subsidiary legislative bodies of the City of Brentwood will continue to use teleconferencing for meetings from the period of August 9, 2022, through September 8, 2022, per AB 361 and Government Code § 54953, as amended thereby.

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

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

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

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 9
th day of August 2022 by the following vote:

B.4.c
Packet Pg. 149 Attachment: AB 361 Resolution (2790 : AB 361 - Teleconferencing)

Page 5 of 5 ends

EXHIBIT 1
“Recommendations for Safely Holding Public Meetings” issued on July 5, 2022, by Dr.

Sefanit Mekuria, Deputy Public Health Officer for Contra Costa County B.4.c
Packet Pg. 150 Attachment: AB 361 Resolution (2790 : AB 361 - Teleconferencing) RESOLUTION NO. 2022- -SA

A RESOLUTION OF THE GOVERNING BOARD OF THE

SUCCESSOR AGENCY OF THE CITY OF BRENTWOOD

REDEVELOPMENT AGENCY (SUCCESSOR AGENCY)

APPROVING THE CONTINUED USE OF TELECONFERENCING

FOR MEETINGS OF THE SUCCESSOR AGENCY GOVERNING
BOARD FROM AUGUST 9, 2022 THROUGH SEPTEMBER 8,
2022, PER ASSEMBLY BILL 361 (2021)
WHEREAS, on March 4, 2020, the Governor of California proclaimed a State of Emergency to exist in California as a result of the threat of novel coronavirus disease, COVID19; and WHEREAS, on March 17, 2020, the City Council adopted Resolution 2020-36, confirming the Director of Emergency Services’ proclamation of the existence of a local emergency due to the spread of a severe acute respiratory illness caused by the novel coronavirus designated as COVID-19. Said Resolution remains in effect; and WHEREAS, also on March 17, 2020, the Governor of California executed Executive Order N-29-20, which suspended and modified specified provisions in the Ralph M. Brown Act (Government Code § 54950, et seq.) and authorized local legislative bodies to hold public meetings via teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and participate in the meeting of the local legislative body; and
WHEREAS, on June 11, 2021, the Governor of California executed Executive Order N08-21, which extended the provisions of Executive Order N-29-20 concerning teleconference accommodations for public meetings through September 30, 2021; and WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 (AB 361, Rivas) (Stats. 2021, ch. 165) (“AB 361”), which, among other actions, amended Government Code § 54953 by providing alternative teleconferencing requirements to conduct public meetings during a proclaimed state of emergency; and WHEREAS, on November 10, 2021, the Governor of California executed Executive Order N-21-21, which extended the timeframes set forth in Executive Order N-12-21 and N-17- 21 through March 31, 2022; and
WHEREAS, AB 361 imposes requirements to ensure that members of the public are able to attend and participate in public meetings conducted via teleconference, including:
 Notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, such as Zoom; and
 The legislative body shall take no further action on agenda items when there is a disruption that prevents the Successor Agency from broadcasting the meeting, or in the event of a disruption within the Successor Agency’s control that prevents members of the public from offering public comments, until public access is restored; and B.4.d
Packet Pg. 151 Attachment: AB 361 Resolution Successor Agency (2790 : AB 361 - Teleconferencing)

Page 2 of 5 ends

Bay Area counties are seeing increases in reported cases, levels of virus in sewer sheds, and hospitalizations;” and
WHEREAS, pursuant to Government Code § 54953(e)(1)(A), a local legislative body such as the Governing Board may hold a meeting using teleconferencing during a proclaimed state of emergency when, among other conditions, state or local officials have imposed or recommended measures to promote social distancing. After the first such meeting held after October 1, 2021, the Governing Board must thereafter make certain findings no later than 30 days after the first teleconferenced meeting is held pursuant to AB 361, and must also make said findings every 30 days thereafter, in order to continue to allow teleconference accessibility for conducting public meetings; and
WHEREAS, on October 12, 2021, the Governing Board of the Successor Agency, by Resolution No. 2021-04-SA, approved the continued use of teleconferencing for meetings of the Agency from October 12, 2021 through November 11, 2021, per AB 361 (2021); and B.4.d
Packet Pg. 152 Attachment: AB 361 Resolution Successor Agency (2790 : AB 361 - Teleconferencing)

Page 3 of 5 ends

WHEREAS, on November 9, 2021, the Governing Board of the Successor Agency, by Resolution No. 2021-05-SA, approved the continued use of teleconferencing for meetings of the Successor Agency from November 9, 2021 through December 9, 2021, per AB 361 (2021); and WHEREAS, on November 16, 2021, the Governing Board of the Successor Agency, by Resolution No. 2021-06-SA, approved the continued use of teleconferencing for meetings of the Successor Agency from November 16, 2021 through December 16, 2021, per AB 361 (2021); and
WHEREAS, on December 14, 2021, the Governing Board of the Successor Agency, by Resolution No. 2021-07-SA, approved the continued use of teleconferencing for meetings of the Successor Agency from December 14, 2021 through January 13, 2022, per AB 361 (2021); and WHEREAS, on January 11, 2022, the Governing Board of the Successor Agency, by Resolution No. 2022-01-SA, approved the continued use of teleconferencing for meetings of the Agency from January 11, 2022 through February 10, 2022 per AB 361 (2021), and WHEREAS, on February 8, 2022, the Governing Board of the Successor Agency, by Resolution No. 2022-04-SA, approved the continued use of teleconferencing for meetings of the Agency from February 8, 2022 through March 8, 2022 per AB 361 (2021), and WHEREAS, on March 8, 2022, the Governing Board of the Successor Agency, by Resolution No. 2022-05-SA, approved the continued use of teleconferencing for meetings of the Agency from March 8, 2022 through April 7, 2022 per AB 361 (2021), and WHEREAS, on March 22, 2022, the Governing Board of the Successor Agency, by Resolution No. 2022-06-SA, approved the continued use of teleconferencing for meetings of the Agency from March 22, 2022 through April 21, 2022 per AB 361 (2021); and WHEREAS, on April 12, 2022, the Governing Board of the Successor Agency, by Resolution No. 2022-07-SA, approved the continued use of teleconferencing for meetings of the Agency from April 12, 2022 through May 12, 2022 per AB 361 (2021); and WHEREAS, on May 10, 2022, the Governing Board of the Successor Agency, by Resolution No. 2022-08-SA, approved the continued use of teleconferencing for meetings of the Agency from May 10, 2022 through June 9, 2022 per AB 361 (2021); and WHEREAS, on May 26, 2022, the Governing Board of the Successor Agency, by Resolution No. 2022-09-SA, approved the continued use of teleconferencing for meetings of the Agency from May 26, 2022 through June 25, 2022 per AB 361 (2021); and WHEREAS, on June 14, 2022, the Governing Board of the Successor Agency, by Resolution No. 2022-09-SA, approved the continued use of teleconferencing for meetings of the Agency from June 14, 2022 through July 14, 2022 per AB 361 (2021); and WHEREAS, on July 12, 2022, the Governing Board of the Successor Agency, by Resolution No. 2022-09-SA, approved the continued use of teleconferencing for meetings of the Agency from July 12, 2022 through August 11, 2022 per AB 361 (2021).

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

B.4.d
Packet Pg. 153 Attachment: AB 361 Resolution Successor Agency (2790 : AB 361 - Teleconferencing)

Page 4 of 5 ends

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

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

4. That, given the fact that state and local officials continue to impose or recommend measures to promote social distancing, the Governing Board will continue to use teleconferencing for meetings from the period of August 9, 2022, through September 8, 2022, per AB 361 and Government Code § 54953, as amended thereby.

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

PASSED, APPROVED, and ADOPTED at a regular meeting of the Successor Agency Governing Board held on this 9
th day of August, 2022, by the following vote:

B.4.d
Packet Pg. 154 Attachment: AB 361 Resolution Successor Agency (2790 : AB 361 - Teleconferencing)

Page 5 of 5 ends

EXHIBIT 1
“Recommendations for Safely Holding Public Meetings” issued on July 5, 2022, by Dr.

Sefanit Mekuria, Deputy Public Health Officer for Contra Costa County B.4.d
Packet Pg. 155 Attachment: AB 361 Resolution Successor Agency (2790 : AB 361 - Teleconferencing) RESOLUTION NO. BIFA

A RESOLUTION OF THE GOVERNING BOARD OF THE

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

USE OF TELECONFERENCING FOR MEETINGS OF THE
AUTHORITY GOVERNING BOARD FROM AUGUST 9, 2022
THROUGH SEPTEMBER 8, 2022, PER ASSEMBLY BILL 361
(2021)
WHEREAS, on March 4, 2020, the Governor of California proclaimed a State of Emergency to exist in California as a result of the threat of novel coronavirus disease, COVID19; and WHEREAS, on March 17, 2020, the City Council adopted Resolution 2020-36, confirming the Director of Emergency Services’ proclamation of the existence of a local emergency due to the spread of a severe acute respiratory illness caused by the novel coronavirus designated as COVID-19. Said Resolution remains in effect; and WHEREAS, also on March 17, 2020, the Governor of California executed Executive Order N-29-20, which suspended and modified specified provisions in the Ralph M. Brown Act (Government Code § 54950, et seq.) and authorized local legislative bodies to hold public meetings via teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and participate in the meeting of the local legislative body; and
WHEREAS, on June 11, 2021, the Governor of California executed Executive Order N08-21, which extended the provisions of Executive Order N-29-20 concerning teleconference accommodations for public meetings through September 30, 2021; and WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 (AB 361, Rivas) (Stats. 2021, ch. 165) (“AB 361”), which, among other actions, amended Government Code § 54953 by providing alternative teleconferencing requirements to conduct public meetings during a proclaimed state of emergency; and WHEREAS, on November 10, 2021, the Governor of California executed Executive Order N-21-21, which extended the timeframes set forth in Executive Order N-12-21 and N-17- 21 through March 31, 2022; and
WHEREAS, AB 361 imposes requirements to ensure that members of the public are able to attend and participate in public meetings conducted via teleconference, including:
 Notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, such as Zoom; and
 The legislative body shall take no further action on agenda items when there is a disruption that prevents the Authority from broadcasting the meeting, or in the event of a disruption within the Authority’s control that prevents members of the public from offering public comments, until public access is restored; and
B.4.e
Packet Pg. 156 Attachment: AB 361 Resolution BIFA (2790 : AB 361 - Teleconferencing)

Page 2 of 5 ends

Bay Area counties are seeing increases in reported cases, levels of virus in sewer sheds, and hospitalizations;” and
WHEREAS, pursuant to Government Code § 54953(e)(1)(A), a local legislative body such as the Governing Board may hold a meeting using teleconferencing during a proclaimed state of emergency when, among other conditions, state or local officials have imposed or recommended measures to promote social distancing. After the first such meeting held after October 1, 2021, the Governing Board must thereafter make certain findings no later than 30 days after the first teleconferenced meeting is held pursuant to AB 361, and must also make said findings every 30 days thereafter, in order to continue to allow teleconference accessibility for conducting public meetings; and
WHEREAS, on October 12, 2021, the Governing Board of the Authority, by Resolution No. BIFA-32, approved the continued use of teleconferencing for meetings of the Authority from October 12, 2021 through November 11, 2021, per AB 361 (2021); and B.4.e
Packet Pg. 157 Attachment: AB 361 Resolution BIFA (2790 : AB 361 - Teleconferencing)

Page 3 of 5 ends

No. BIFA-33, approved the continued use of teleconferencing for meetings of the Authority from November 9, 2021 through December 9, 2021, per AB 361 (2021); and WHEREAS, on November 16, 2021, the Governing Board of the Authority, by Resolution No. BIFA-34, approved the continued use of teleconferencing for meetings of the Authority from November 16, 2021 through December 16, 2021, per AB 361 (2021); and WHEREAS, on December 14, 2021, the Governing Board of the Authority, by Resolution No. BIFA-35, approved the continued use of teleconferencing for meetings of the Authority from December 14, 2021 through January 13, 2022, per AB 361 (2021); and WHEREAS, on January 11, 2022, the Governing Board of the Authority, by Resolution No. BIFA-36, approved the continued use of teleconferencing for meetings of the Authority from January 11, 2022, through February 10, 2022; and
WHEREAS, on February 8, 2022, the Governing Board of the Authority, by Resolution No. BIFA-37, approved the continued use of teleconferencing for meetings of the Authority from February 8, 2022, through March 10, 2022; and
WHEREAS, on March 8, 2022, the Governing Board of the Authority, by Resolution No.

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

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

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

BIFA-41, approved the continued use of teleconferencing for meetings of the Authority from May 10, 2022, through June 9, 2022; and
WHEREAS, on May 26, 2022, the Governing Board of the Authority, by Resolution No.

BIFA-42, approved the continued use of teleconferencing for meetings of the Authority from May 26, 2022, through June 25, 2022; and
WHEREAS, on June 14, 2022, the Governing Board of the Authority, by Resolution No.

BIFA-43, approved the continued use of teleconferencing for meetings of the Authority from June 14, 2022, through July 14, 2022; and
WHEREAS, on July 12, 2022, the Governing Board of the Authority, by Resolution No.

BIFA-44, approved the continued use of teleconferencing for meetings of the Authority from July 12, 2022, through August 11, 2022.

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

B.4.e
Packet Pg. 158 Attachment: AB 361 Resolution BIFA (2790 : AB 361 - Teleconferencing)

Page 4 of 5 ends

resolution as findings of the Governing Board.

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

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

PASSED, APPROVED, and ADOPTED at a regular meeting of the Authority Governing Board held on this 12th day of July, 2022 by the following vote:

B.4.e
Packet Pg. 159 Attachment: AB 361 Resolution BIFA (2790 : AB 361 - Teleconferencing)

Page 5 of 5 ends

“Recommendations for Safely Holding Public Meetings” issued on July 5, 2022, by Dr.

Sefanit Mekuria, Deputy Public Health Officer for Contra Costa County B.4.e
Packet Pg. 160 Attachment: AB 361 Resolution BIFA (2790 : AB 361 - Teleconferencing) CITY COUNCIL AGENDA ITEM NO. 1
Meeting Date: August 9, 2022
Subject/Title: A Resolution adopting the 2022 Public Health Goal Report on drinking water to satisfy requirements of California Health and Safety Code Section 116470(b).

Prepared by: Casey Wichert, Assistant Director of Public Works, Operations James Wolfe, Water Manager
Submitted by: Miki Tsubota, Director of Public Works/City Engineer

PURPOSE AND RECOMMENDATION
Every three years, the City must prepare a Public Health Goal Report (Report) that provides consumers with information on levels of contaminants within the City’s water and provides consumers information about the public health risks posed by the contaminates. In summary, the Report states the City’s drinking water quality meets all drinking water standards to protect public health. Staff recommends the adoption of the 2022 Public Health Goal Report on drinking water to satisfy the requirements of California Health and Safety Code Section 116470(b).

CITY COUNCIL STRATEGIC INITIATIVES
Not Applicable.

PREVIOUS ACTION
On June 22, 2010, by City Council Resolution No. 2010-97, City Council adopted a resolution approving the 2010 Public Health Goal Report.

On July 23, 2013, by City Council Resolution No. 2013-97, City Council adopted a resolution approving the 2013 Public Health Goal Report.

On September 27, 2016, by City Council Resolution No. 2016-132, City Council adopted a resolution approving the 2016 Public Health Goal Report.

On August 13, 2019, by City Council Resolution No. 2019-97, City Council adopted a resolution approving the 2019 Public Health Goal Report.

BACKGROUND
Public water systems serving more than 10,000 service connections must prepare a written report every three years that gives information on the detection of any contaminants above the Public Health Goals (“PHGs”) published by the state Office of Environmental Health Hazard Assessment (“OEHHA”). The report must also list the detection of any contaminant above the Maximum Contaminant Level Goals (“MCLGs”) set by United States Environmental Protection Agency (“USEPA”) for all other contaminants that the OEHHA does not yet have published PHGs.

The City of Brentwood (“City”) has not exceeded any Maximum Contaminant Levels (“MCLs”).

The USEPA and the California State Water Resources Control Board (“SWRCB”) Division of Drinking Water (“DDW”) establish MCLs at very conservative levels to provide protection to C.1
Packet Pg. 161
consumers. In other words, MCLs are the regulatory definition of what is safe. Adopted MCLs are the criteria for being in compliance, not MCLGs or PHGs (MCLGs and PHGs are not enforceable and are for informational purposes).

The City has and continues to meet all water quality requirements, and the water is safe and complies with all state and federal regulations. The preparation of the Public Health Goal Report (“Report”) is unique to California, and is required in addition to the extensive public reporting of water quality the City completes monthly, quarterly and annually, as well as the federally mandated Consumer Confidence Report (Annual Water Quality Report).

In conformance with State law, the attached Report has been prepared. The Report provides consumers with information about the law and public health risks posed by the contaminants and discusses the best available treatment technology and associated costs to remove or reduce contaminants.

The Report summary states the drinking water provided by the City meets 100 percent of all enforceable SWRCB DDW and OEHHA primary drinking water standards. Overall, arsenic, gross alpha particles and gross beta particles were detected in the City water system at concentrations above PHGs or MCLGs. However, at no time did the City serve water containing contaminants above recognized and enforceable MCLs. The drinking water quality of the City meets all drinking water standards to protect public health.

The levels of constituents identified in the report are already significantly below the health-based MCLs established to provide safe drinking water. Further reductions in these levels would require additional costly treatment processes and the ability of these processes to provide significant additional reductions in constituent levels is uncertain. In addition, the health protection benefits of these possible reductions are not at all clear and may not be quantifiable.

For these reasons, no action is proposed at his time.

FISCAL IMPACT
There are no costs associated with the Report. The preparation of the Report ensures compliance with the State’s requirements.

Attachments:

Resolution
Public Health Goal Report
C.1
Packet Pg. 162
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADOPTING THE 2022 PUBLIC HEALTH GOAL REPORT ON DRINKING WATER TO SATISFY

REQUIREMENTS OF CALIFORNIA HEALTH AND SAFETY CODE SECTION 116470(B).

WHEREAS, provisions of California Health and Safety Code Section 116470(b) require public water systems serving more than 10,000 service connections to prepare a Public Health Goal Report (“Report”) every three years; and
WHEREAS, on June 22, 2010, by City Council Resolution No. 2010-97, City Council adopted a resolution approving the 2010 Public Health Goal Report; and WHEREAS, on July 23, 2013, by City Council Resolution No. 2013-97, City Council adopted a resolution approving the 2013 Public Health Goal Report; and WHEREAS, on September 27, 2016, by City Council Resolution No. 2016-132, City Council adopted a resolution approving the 2016 Public Health Goal Report; and WHEREAS, on August 13, 2019, by City Council Resolution No. 2019-97, City Council adopted a resolution approving the 2019 Public Health Goal Report; and WHEREAS, the Report gives information on the detection of any contaminants above the Public Health Goals (“PHGs”) published by the state Office of Environmental Health Hazard Assessment (“OEHHA”); and
WHEREAS, the Report must list the detection of any contaminant above the Maximum Contaminant Level Goals (“MCLGs”) set by United Stated Environmental Protection Agency (“USEPA”) for all other contaminants; and
WHEREAS, the USEPA and the California State Water Resources Control Board establish MCLs at very conservative levels to provide protection to consumers against all but very low to negligible risk; and
WHEREAS, MCLs are the criteria for being in compliance, not MCLGs or PHGs; and WHEREAS, as documented in the 2022 Public Health Goal Report, the City of Brentwood water is safe and complies with all state and federal regulations; and WHEREAS, the Report is unique to California, and is required in addition to the extensive public reporting of water quality that the City completes monthly, quarterly, and annually, as well as the federally mandated Consumer Confidence Report; and WHEREAS, the Report provides consumers with information about the law and public health risks posed by the contaminants; and discusses the best available treatment technology and associated costs to remove or reduce contaminants.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood hereby adopts the 2022 Public Health Goal Report on drinking water to satisfy requirements of California Health and Safety Code Section 116470(b).

C.1.a
Packet Pg. 163 Attachment: Resolution (2785 : 2022 Public Health Goal Report) PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 9
th day of August 2022 by the following vote:

C.1.a
Packet Pg. 164 Attachment: Resolution (2785 : 2022 Public Health Goal Report) City of Brentwood Public Works/Operations Division
2022 Triennial Public Health Goal Report Page 1
TRIENNIAL PUBLIC HEALTH GOAL REPORT 2022
Background
The California Health and Safety Code Section 116470(b) specifies water utilities serving more than 10,000 connections prepare a brief written report every three years that documents detections of any constituents that exceed a Public Health Goal (“PHG”) in the preceding three years. PHGs are non-enforceable goals established by the California Office of Environmental Health Hazard Assessment (“OEHHA”). The law also requires where OEHHA has not adopted a PHG for a constituent, water suppliers are to use the Maximum Contaminant Level Goal (“MCLG”) adopted by the United States Environmental Protection Agency (“USEPA”). MCLGs are also non-enforceable goals. Only constituents having both a California primary drinking water standard and a PHG or MCLG as of December 31, 2021 are to be addressed in the report.

This 2022 Triennial PHG Report covers constituents detected in the City’s water supply during calendar years 2019 through 2021 at a level exceeding an applicable PHG or MCLG and provides the required information for each constituent. Included is the numerical public health risk associated with the Maximum Contaminant Level (“MCL”) and the PHG or MCLG, the category or type of risk to health which could be associated with each constituent, the best technology available which could be used to reduce the constituent level, and an estimate of the cost to install the treatment if it is appropriate and feasible. In addition to this required report, the City will continue reporting annually in great depth on the quality of the water it serves.

What are PHGs?
PHGs are set by the OEHHA which is part of the California Environmental Protection Agency (“CalEPA”) and are based solely on public health risk considerations. None of the practical risk-management factors considered by the USEPA or the California State Water Resources Control Board (“SWRCB”) Division of Drinking Water (“DDW”) in setting drinking water standards (MCLs) are considered when setting the PHGs.

These factors include analytical detection capability, treatment technology available, benefits and costs.

PHGs are not enforceable and are not required to be met by any public water system. MCLGs are the federal equivalent to PHGs.

How Does OEHHA Establish a Public Health Goal?
The process for establishing a PHG for a chemical contaminant in drinking water is very rigorous. OEHHA scientists first compile all relevant scientific information available, which includes studies of the chemical's effects on laboratory animals and studies of humans who have been exposed to the chemical. Scientists use data from these studies to perform a health risk assessment, in which they determine the levels of the contaminant in drinking water that could be associated with various adverse health effects. When calculating a PHG, OEHHA uses all the information it has compiled to identify the level of the chemical in drinking water that would not cause significant adverse health effects in people who drink that water every day for 70 years. OEHHA must also consider any evidence of immediate and severe health effects when setting the PHG.

For cancer‐causing chemicals, OEHHA typically establishes the PHG at the “one‐in‐one million” risk level.

At that level, not more than one person in a population of one million people drinking the water daily for 70 years would be expected to develop cancer as a result of exposure to that chemical.

Water Quality Data Considered
All of the water quality data collected from the City’s water system during calendar years 2019 through 2021 for purposes of determining compliance with drinking water standards was reviewed. The data was C.1.b
Packet Pg. 165 Attachment: Public Health Goal Report (2785 : 2022 Public Health Goal Report) City of Brentwood Public Works/Operations Division
2022 Triennial Public Health Goal Report Page 2
summarized in the 2019, 2020, and 2021 Annual Water Quality Reports (“AWQRs”) that are available on City’s website and emailed to all of our customers each year.

Guidelines Followed
The Association of California Water Agencies (“ACWA”) formed a workgroup which prepared guidelines for water utilities to use in preparing these reports. The ACWA guidelines were updated in 2022 and were utilized in the preparation of this report. No formal guidance was available from state regulatory agencies.

Best Available Treatment Technology and Cost Estimates
Both the USEPA and SWRCB DDW adopt what are known as Best Available Technologies which are the best known methods of reducing contaminant levels to the MCL. Costs can be estimated for such technologies; however, since many PHGs and all MCLGs are set much lower than the MCL, it is not always possible or feasible to determine what treatment is needed to further reduce a constituent downward to or near the PHG or MCLG, many of which are set at zero. Estimating the costs to reduce a constituent to zero is difficult because it is not possible to verify by analytical means that the level has been lowered to zero.

In some cases, installing treatment to further reduce very low levels of one constituent may have adverse effects on other aspects of water quality.

Constituents Detected that Exceed a PHG or MCLG
The following is a discussion of constituents detected in the City’s drinking water at levels above the PHG, or if no PHG, above the MCLG.

Arsenic
Arsenic is a naturally occurring element in the earth's crust and is very widely distributed in the environment.

All humans are exposed to small quantities of arsenic (inorganic and organic) largely from food and to a lesser degree from drinking water and air. Some edible seafood may contain higher concentrations of arsenic which are predominantly found in the less acutely toxic organic forms. City wells have an average level of 1.4 parts per billion (ppb) of arsenic, which is well below the current “not-to-exceed” or MCL limit of 10 ppb of arsenic. Arsenic has not been detected in the surface water. The OEHHA has established a PHG of 0.004 ppb. OEHHA has determined arsenic as a carcinogen. OEHHA has a numerical cancer risk of one additional cancer case per million people for the 0.004 micrograms per liter PHG, and 1 in four hundred for the MCL of 10 ug/L.

Reverse osmosis, and GFO/Adsorption are the water treatment technologies available for achieving compliance with the MCL for arsenic.

Gross Alpha Particle Activity
Radionuclides such as gross alpha in water supplies are from erosion of natural deposits. The term radionuclide refers to naturally occurring elemental radium, radon, uranium, and thorium. Each of those elements has an unstable atomic nucleus which spontaneously decays producing ionizing radiation. Gross alpha is defined as the sum total of these radionuclides. Exposure to ionizing radiation in concentrations exceeding the MCL may have carcinogenic (cancer causing), mutagenic (causing mutation of cells) or teratogenicity (causing abnormalities in offspring) effects. The USEPA's MCLG for gross alpha particle is zero picocuries per liter (pCi/L), and the California MCL is 15 pCi/L. Gross Alpha was detected in City wells and surface water with ranges between not detected to 13 with a weighted average below the detectable level of 4 pCi/L. Health risk category based on experimental animal testing data evaluated in the USEPA C.1.b
Packet Pg. 166 Attachment: Public Health Goal Report (2785 : 2022 Public Health Goal Report) City of Brentwood Public Works/Operations Division
2022 Triennial Public Health Goal Report Page 3
MCLG document and California MCL has determined gross alpha particle as a carcinogen. The USEPA’s MCLG for gross alpha is zero and a cancer risk of 1 additional case per million people for the DDW MCL of 15 pCi/L. Note: Cancer Risk = Theoretical 70-year lifetime excess cancer risk at a statistical confidence limit. Actual cancer risk may be lower or zero.

Reverse osmosis is the water treatment technology available for achieving compliance with the MCL for gross alpha particle activity.

Gross Beta Particle Activity
Certain minerals are radioactive and may emit a form of radiation known as photons and beta radiation.

Gross Beta was detected in City wells and surface water with ranges between not detected to 9.2 with a weighted average below the detectable level of 3 pCi/L. There is no PHG for gross beta particle activity.

The MCLG is zero picocuries per liter (pCi/L), and the MCL is 50 pCi/L. The levels detected in the City system were below the MCL at all times, but were over the level identified by the USEPA as the MCLG.

DDW and USEPA, which set drinking water standards, have determined gross beta particle activity is a health concern at certain levels of exposure. This radiological constituent is a naturally occurring contaminant in some ground water and surface water supplies. The category of health risk associated with gross beta particle activity, and the reason a drinking water standard was adopted for it, is some people who drink water containing beta and photon emitters in excess of the MCL over many years may have an increased risk of getting cancer. The numerical health risk for the MCLG of zero pCi/L is zero. DDW and USEPA set the drinking water standard for gross beta particle activity at 50 pCi/L to reduce the risk of cancer or other adverse health effects.

The Best Available Treatment Technologies identified to treat gross beta particle activity are ion exchange and reverse osmosis. The most effective method to consistently remove beta and photon emitters to the MCLG is to install reverse osmosis treatment at select ground water and surface water connection sites where water exceeds the MCLG. The cost to install and operate reverse osmosis removal systems to remove beta and photon emitters to the MCLG in the City water system would be over $20 million which includes construction and annual operational costs. This could be accomplished concurrently with Gross Alpha.

Recommendations for Further Action
The City’s drinking water quality meets all DDW and USEPA drinking water standards set to protect public health. The levels of constituents identified in this report are already significantly below the health-based MCLs established to provide safe drinking water. Further reductions in these levels would require additional costly treatment processes and the ability of these processes to provide significant additional reductions in constituent levels is uncertain. In addition, the health protection benefits of these possible reductions are not at all clear and may not be quantifiable. For these reasons, no action is proposed at his time.

If you have any questions about this report, please contact City of Brentwood Public Works/Operations - Water Operations Division at (925) 516-6000, Monday through Friday between the hours of 7:00 a.m. to 3:30 p.m., or visit the City of Brentwood website at https://www.brentwoodca.gov/government/publicworks/operations-division/water/water-reports .

C.1.b
Packet Pg. 167 Attachment: Public Health Goal Report (2785 : 2022 Public Health Goal Report) CITY COUNCIL AGENDA ITEM NO. 2
Meeting Date: August 9, 2022
Subject/Title: A Resolution to Adopt 1) an Addendum to the Environmental Impact Report for the Priority Area 1 Specific Plan, 2) an Amendment to the Priority Area 1 Specific Plan (SPA 22-001), and First Reading of Ordinance to Approve a Rezone (RZ 22-001) to amend Brentwood Municipal Code Chapter 17.295 (PA-1 [Priority Area One] Zone
Prepared by: Joshua Ewen, Senior Analyst
Submitted by: Darin Gale, Assistant City Manager

PURPOSE AND RECOMMENDATION
The Priority Area One (PA-1) Specific Plan governs approximately 431 acres in the northwest area of the City along the Highway 4 corridor and allows for future development to support an employment center that would create new economic development opportunities and future jobs growth within Brentwood.

Staff recommends City Council approval of Land Use Plan Alternative B as the preferred land use model, and the land use table amendments incorporated in the PA-1 Specific Plan. At the Public Hearing, the City Council is recommended to take formal action on adoption of actions relating to the PA-1 Specific Plan: 1) an Addendum to the Environmental Impact Report for the Priority Area 1 Specific Plan, 2) an Amendment to the Priority Area 1 Specific Plan (SPA 22- 001), and an Ordinance to Approve a Rezone (RZ 22-001) to amend Brentwood Municipal Code Chapter 17.295 (PA-1 [Priority Area 1] Zone.

CITY COUNCIL STRATEGIC INITIATIVE
City of Brentwood Strategic Plan, FY 2020/21 – 2021/22, Focus Area 3: Economic Development, Goal 3: Facilitate development and encourage investment and Focus Area 5:

Implement the Economic Development Action Plan, including Action Item 1.5.1, creation of a strategically located next generation business park.

PREVIOUS ACTION
On February 27, 2018, the City Council adopted Resolution No. 2018-21, approving the FY 2018-20 City of Brentwood Strategic Plan, which included a goal to implement the Economic Development Action Plan, including the “Game Changers” and economic development programs.

On October 16, 2018, the Planning Commission held a public hearing in regard to the Priority Area 1 Specific Plan, and recommended that the City Council approve 1) certification of an Environmental Impact Report (EIR), 2) adoption of a General Plan amendment (GPA 18-002), 3) adoption of the Priority Area 1 Specific Plan (SPA 18-001), and 4) adoption of a rezone (RZ 18-003) to implement a zoning text amendment and map amendments within the Priority Area 1 Specific Plan and adopting Chapter 17.295 (PA-1 (Priority Area One) Zone).

On November 13, 2018, the City Council adopted a Resolution 1) certifying the Environmental Impact Report (EIR), 2) adopting the General Plan amendment (GPA 18-002), 3) approving the Priority Area 1 (PA-1) Specific Plan, and adopted a rezone (RZ 18-003) to implement a zoning C.2
Packet Pg. 168
text amendment and map amendments within the Priority Area 1 Specific Plan and adopting Chapter 17.295 (PA-1 (Priority Area One) Zone).

On October 22, 2019, the City Council and Planning Commission held a joint special meeting to receive a report and provide feedback related to the Urban Land Institute (ULI) Technical Assistance Panel’s Findings and Recommendations related to PA-1.

On March 24, 2020, the City Council received and filed the Urban Land Institute Priority Area 1 Technical Assistance Panel Report and approved the PA-1 Action Plan.

On June 9, 2020, the Council adopted the 2020/21 – 2024/25 Capital Improvement Program (CIP) including roadway, parks and trails, water, wastewater and community facilities improvements to be constructed during the next five years. The adopted CIP included the Priority Area 1 Infrastructure Improvements, CIP Project No. 336-31695.

On July 28, 2020, the City Council adopted Resolution No. 2020-104, approving and authorizing the City Manager or designee to execute a Professional Services Agreement with ELS Architecture and Urban Design for The Innovation Center Master Plan in an amount not to exceed $348,500.

On January 13, 2021, at a Special Joint Workshop with the Planning Commission, the City Council received a report and provided feedback related to master planning for The Innovation Center presented by ELS Architecture and Urban Design.

On May 11, 2021, the City Council adopted Resolution No. 2021-50, approving the concept design for The Innovation Center Master Plan and directed staff to proceed to the next phases of the Master Plan Project, which included updating the Priority Area 1 Specific Plan to reflect the Innovation Center Master Plan and to finalize a marketing plan.

On June 21, 2022, the Planning Commission adopted Resolution 22-015 recommending the City Council approve 1) an Addendum to the Environmental Impact Report (EIR) prepared for the PA-1 Specific Plan; and 2) a Specific Plan Amendment (SPA 22-001) for the Priority Area One (PA-1) Specific Plan; and 3) a Rezone (RZ 22-001) to amend Brentwood Municipal Code Chapter 17.295 (PA-1 [Priority Area One] Zone).

On July 12, 2022, the City Council conducted a Public Hearing to consider actions relating to the PA-1 Specific Plan, including a Resolution to Adopt 1) an Addendum to the Environmental Impact Report for the Priority Area One Specific Plan, 2) an Amendment to the Priority Area 1 Specific Plan (SPA 22-001), and an Ordinance to Approve a Rezone (RZ 22-001) to amend Brentwood Municipal Code Chapter 17.295 (PA-1 [Priority Area One] Zone; and continued the public hearing and directed city staff to return with further analysis in a special workshop.

On August 9, 2022, the City Council held a workshop for the Priority Area One (PA-1) Specific Plan to consider incorporating land use and related specific plan policy recommendations resulting from the Innovation Center Master Plan process.

DISCUSSION
At the PA-1 Workshop of August 9, 2022, the City Council will consider alternative PA-1 land use plans, with additional analysis relating to land use policies, infrastructure cost and potential fiscal impacts of adoption of each alternative land use plan.

C.2
Packet Pg. 169
The City Council Agenda Item and PA-1 Specific Plan proposed changes of the Public Hearing of July 12, 2022 are found here: (link). Additionally, after further review of the July 12, 2022, recommendations to Chapter 4: Land Use Plan are included for the City Council’s review and consideration.

At this Public Hearing, the City Council is recommended to take formal action on adoption of actions relating to the PA-1 Specific Plan:

Adopt 1) an Addendum to the Environmental Impact Report for the Priority Area One Specific Plan, 2) an Amendment to the Priority Area 1 Specific Plan (SPA 22-001), and an Ordinance to Approve a Rezone (RZ 22-001) to amend Brentwood Municipal Code Chapter 17.295 (PA-1 [Priority Area One] Zone.

Attachments:

Resolution - 2022
Ordinance
PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions C.2
Packet Pg. 170
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO (1)

ADOPT AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT (EIR) PREPARED FOR THE PRIORITY AREA 1 (PA-1) SPECIFIC PLAN PROJECT (STATE CLEARINGHOUSE NO. 2018042064); AND (2) AMEND THE PA-1 SPECIFIC PLAN (SPA 22-001)
WHEREAS, on July 22, 2014, the City Council of the City of Brentwood adopted an update to the City’s General Plan (the “General Plan”) that included, among other things, policy language prioritizing the development of a roughly 431-acre portion of the City generally bounded by Heidorn Ranch Road, Lone Tree Way, Shady Willow Lane, and Sand Creek and identified as “Priority Area 1” (the “Specific Plan Area”); and
WHEREAS, on October 16, 2018, the Planning Commission, held a Public Hearing in regards to the Priority Area 1 Specific Plan including recommending the City Council approve 1) certification of an Environmental Impact Report (EIR), 2) adoption of a General Plan amendment (GPA 18-002), 3) adopt the Priority Area 1 Specific Plan (SPA 18-001), and 4) adopt a rezone (RZ 18-003) to implement a zoning text amendment and map amendments within the Priority Area 1 Specific Plan and adopting Chapter 17.295 PA-1 (Priority Area One) Zone; and WHEREAS, on November 13, 2018, the City Council adopted Resolution No. 2018-159, 1) certifying an Environmental Impact Report (EIR), 2) adopting a General Plan amendment (GPA 18-002), and 3) approving the Priority Area 1 (PA-1) Specific Plan, and adopted a rezone (RZ 18- 003) to implement a zoning text amendment and map amendments within the Priority Area 1 Specific Plan and adopting Chapter 17.295 PA-1 (Priority Area One) Zone; and WHEREAS, on October 22, 2019, the City Council and Planning Commission held a joint special meeting to receive a report and provide feedback related to the Urban Land Institute (ULI) Technical Assistance Panel’s Findings and Recommendations related to PA-1; and WHEREAS, on March 24, 2020, the City Council received and filed the Urban Land Institute Priority Area 1 Technical Assistance Panel Report and approved the PA-1 Action Plan; and
WHEREAS, on July 28, 2020, the City Council adopted Resolution No. 2020-104, approving and authorizing the City Manager or designee to execute a Professional Services Agreement with ELS Architecture and Urban Design (“Consultant”) for the Innovation Center Master Plan design process, including analyzing the PA-1 Specific Plan and market trends relating to fields of land use, economic analysis, development strategy, civil engineering and marketing for creating a new generation business park focused on economic development and new private commercial investment into the PA-1 Plan area; and
WHEREAS, the City and the Consultant hosted two public virtual town halls and received over 400 written comments to the Master Plan project website; and WHEREAS, the City Council held duly-noticed public meetings concerning the development of the Innovation Center Master Plan on two separate occasions:

C.2.a
Packet Pg. 171 Attachment: Resolution - 2022 (2779 : PA-1 Public Hearing Innovation Center Master Plan) 2  On January 13, 2021, at a Special Joint Workshop with the Planning Commission, the City Council received a report and provided feedback related to master planning for The Innovation Center presented by ELS Architecture and Urban Design.  On May 11, 2021, the City Council adopted Resolution No. 2021-50, approving the concept design for The Innovation Center Master Plan and directed staff to proceed to the next phases of the Master Plan Project; and
WHEREAS, staff thereafter prepared a draft set of amendments to the Priority Area 1 Specific Plan (SPA 22-001, the “Project”) for consideration by the Planning Commission and City Council; and
WHEREAS, on June 21, 2022, the Planning Commission held a public hearing to consider whether to recommend to the City Council the following actions:
 Adoption of an Addendum to the Environmental Impact Report (EIR) prepared for the Priority Area 1 (PA-1) Specific Plan Project (State Clearinghouse No. 2018042064), which was certified by the City of Brentwood on November 13, 2018 (Certified EIR). A true and correct copy of the Addendum is attached hereto as Exhibit ‘A’.  Adoption of text amendments the Priority Area 1 Specific Plan (SPA 22-001) (a true and correct copy of which is attached hereto as Exhibit ‘B’), which update development standards, land uses, infrastructure and public services, and circulation, as well as economic development and implementation.
 Adoption of a zoning amendment to Brentwood Municipal Code Chapter 17.295 to implement the changes to the Priority Area 1 Specific Plan, per SPA 22-001.

WHEREAS, the Planning Commission considered the staff report, supporting documents, public testimony, and all appropriate information that was submitted with the proposed project and adopted Resolution 22-015 recommending the City Council approve 1) an Addendum to the Environmental Impact Report (EIR) prepared for the Priority Area 1 (PA-1) Specific Plan Project (State Clearinghouse No. 2018042064), which was certified by the City of Brentwood on November 13, 2018 (Certified EIR); and 2) the Specific Plan Amendment (SPA 22-001) for the Priority Area One (PA-1) Specific Plan; as well as 3) a Rezone (RZ 22-001) to amend Brentwood Municipal Code Chapter 17.295 (PA-1 [Priority Area One] Zone); and WHEREAS, on July 12, 2022, the City Council held a duly-noticed public hearing, at which time it considered a staff report, supporting documents, public testimony, and all appropriate information submitted with the proposed Project, and continued the public hearing to a date and time to be determined; and
WHEREAS, on August 9, 2022, the City Council held a public hearing to consider adoption of the Addendum, and approval of SPA 22-001 and RZ 22-001, as well as the staff report, supporting documents, public testimony, and all appropriate information that has been submitted with the proposed Project.

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

C.2.a
Packet Pg. 172 Attachment: Resolution - 2022 (2779 : PA-1 Public Hearing Innovation Center Master Plan) 3 A. Make the following findings:

1. The foregoing recitals are true and correct and are hereby incorporated by this reference.

2. With respect to the California Environmental Quality Act (‘CEQA,’ codified at California Public Resources Code §§ 21000, et seq., and as further governed by the State CEQA Guidelines, found at 14 CCR §§ 15000, et seq.), the City Council has reviewed the Addendum and finds that none of the circumstances that would require the preparation of a subsequent EIR exist:
a. There are no substantial changes proposed by the Project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
b. There are no substantial changes that have occurred with respect to the circumstances under which the Project is undertaken, which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and
c. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, that shows any of the following:

1. The Project will have one or more significant effects not discussed in the previous EIR or negative declaration;

2. Significant effects previously examined will be substantially more severe than shown in the previous EIR;

3. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the City declined to adopt the mitigation measure or alternative; or

4. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the City declined to adopt the mitigation measure or alternative.
d. The City Council thus finds that it is appropriate to prepare and adopt an Addendum to the PA-1 EIR, per CEQA Guidelines § 15164(a), and further finds that the Addendum was completed in compliance with CEQA and the CEQA Guidelines, and that (based on evidence submitted and as demonstrated by the analysis and findings included in the Addendum), none of the conditions set forth in CEQA Guidelines § 15162 exist such as to require the preparation of a subsequent EIR. The Addendum reflects the City Council’s independent judgment and analysis.
e. Pursuant to Public Resources Code § 21081.6(a)(2) and CEQA Guidelines Section 15074(c), the location and custodian of the documents and other materials which constitute the record on which this Resolution is based is the C.2.a
Packet Pg. 173 Attachment: Resolution - 2022 (2779 : PA-1 Public Hearing Innovation Center Master Plan) 4 Community Development Department of the City of Brentwood, located at 150 City Park Way, Brentwood, California 94513.

3. With respect to the adoption of an amendment to the specific plan (SPA 22-001) as set forth in Exhibit ‘B’, the City Council hereby finds the following, per Government Code §§ 65453 and 65454:
a. The specific plan is consistent and/or compatible with the Brentwood General Plan.

The requested amendment is consistent and compatible with the City of Brentwood General Plan (as updated July 2014), including goals, policies, and implementation programs such as:

1. Land Use Policy LU1-2, which directs the “PA-1” land use designation be adopted for the area within the PA-1 Specific Plan planning area; and

2. Land Use Policy Goal 3, which states, “Provide for a diversified mix of strong retail centers, service commercial activities, manufacturing enterprises, and high paying employment opportunities that contribute to Brentwood’s economic well-being,” in that it is projected that the changes to the PA-1 Specific Plan that are contemplated in the Project will incentivize and facilitate the development of successful retail centers, as well as commercial activity, and jobs-generating uses that will offer competitive compensation.

3. Land Use Policy LU 3-7, which directs the City to “encourage the location of high quality, professional office campuses, business parks, and industrial parks along with related mixed-use development, where appropriate within the city,” in that adoption of these amendments to the PA-1 Specific Plan will allow for the development of high quality business parks; clean light industrial; research and development; technology, engineering, and math; and other professional office uses in an area of the city identified as appropriate for these uses by the General Plan.

B. Hereby:

1. Approves and adopts the Addendum prepared for the Project, as attached hereto as Exhibit ‘A’; and

2. Approves SPA 22-001 to adopt the PA-1 Specific Plan, as revised, as attached hereto as Exhibit ‘B.’
This Resolution shall become effective immediately upon passage.

C.2.a
Packet Pg. 174 Attachment: Resolution - 2022 (2779 : PA-1 Public Hearing Innovation Center Master Plan) 5 ADOPTED by the City Council of the City of Brentwood at its regular meeting of August 9, 2022, by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

APPROVED:

Joel Bryant, Mayor
ATTEST:

Margaret Wimberly, City Clerk
C.2.a
Packet Pg. 175 Attachment: Resolution - 2022 (2779 : PA-1 Public Hearing Innovation Center Master Plan) ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD MODIFYING BRENTWOOD MUNICIPAL CODE CHAPTER 17.295 (PA-1 [PRIORITY AREA ONE] ZONE); AND AMENDING THE ZONING MAP OF THE BRENTWOOD MUNICIPAL CODE TO INCORPORATE SPA 22-001
WHEREAS, on July 22, 2014, the City Council of the City of Brentwood adopted an update to the City’s General Plan (the “General Plan”) that included, among other things, policy language prioritizing the development of a roughly 430-acre portion of the City generally bounded by Heidorn Ranch Road, Lone Tree Way, Shady Willow Lane, and Sand Creek and identified as “Priority Area 1” (sometimes referred to herein as the “Specific Plan Area”); and WHEREAS, per the direction of the General Plan, the Specific Plan Area was envisioned to include a mixture of employment-generating uses, and make possible the potential future construction of a transit facility for a future eBART station and/or park-and-ride facility, and associated transit-oriented development supporting ridership, including a variety of residential forms and densities; and
WHEREAS, in order to develop the Priority Area 1 Specific Plan, the City undertook an extensive community planning process, hiring the De Novo Planning Group as its multidisciplinary consultant (“Consultant”) to work with City staff; and
WHEREAS, the City Council appointed twelve individuals to serve on a Specific Plan Working Group, which was charged with providing input to the development of the Specific Plan, and serving as ambassadors for the Specific Plan to the greater community. The Working Group met approximately ten times during the development of the Specific Plan; and WHEREAS, the Consultant and Staff facilitated various public events and hosted online surveys as part of the Specific Plan outreach process to gather input from the greater community.

These efforts included:
 An April 17, 2017 workshop to seek input on key priorities for the Specific Plan.

Approximately 30 participants attended the workshop;
 An initial online survey (available from April 13, 2017 - June 9, 2017) to glean participant preferences as to future Specific Plan Area development, possible eBART service, and desired job opportunities. Over 260 survey responses were received;  A second online survey (available from October 4, 2017 - October 25, 2017) to gauge community support for proposed Specific Plan land use alternatives. Approximately 60 individuals responded to this second survey; and
 A December 11, 2017 open house to present the preferred land use map to the community. Approximately 10 members of the public attended the open house.

WHEREAS, the City Council held duly-noticed public meetings concerning the development of the Specific Plan on three separate occasions:

C.2.b
Packet Pg. 176 Attachment: Ordinance (2779 : PA-1 Public Hearing Innovation Center Master Plan) 2 • On January 31, 2017, the City Council heard an overview of the project and work program and received the Council’s direction on key planning issues related to and goals for the Specific Plan;
• On November 14, 2017, the City Council provided final direction on the development of the preferred land use map for the Specific Plan; and
• On May 22, 2018, the City Council provided final direction regarding the development of the draft Specific Plan.

WHEREAS, in addition to the foregoing, Consultant and staff also provided updates to the City Council on the status of the development of the Specific Plan at regularly scheduled public meetings; and
WHEREAS, as a result of the foregoing, the City of Brentwood caused to be prepared the Priority Area One (“PA-1”) Specific Plan (the “Specific Plan”), a specific plan as governed by Government Code Sections 65450, et seq., which was intended to establish development parameters that would offer individuals and businesses access and opportunities to create high quality jobs across a diverse array of industries. The establishment of the employment center would, in turn, assist the City in achieving its goal of a healthy jobs-to-housing balance, reducing commute times for residents, and establishing new opportunities for economic growth and employment within the city. In addition, the City saw PA-1’s development as a vibrant, compact, mixed-use district, focused around a transit station that will provide linkages to other eastern Contra Costa County communities and the wider Bay Area region beyond. The Specific Plan provided the vision and strategy to facilitate PA-1’s emergence as the city’s transit-oriented employment center; and
WHEREAS, the City of Brentwood determined that an Environmental Impact Report (“EIR”) should be prepared to analyze both the potential impacts and any necessary mitigation measures for the Specific Plan project; and
WHEREAS, the EIR evaluated impacts, mitigation, and alternatives at a program-level for the Specific Plan project; and
WHEREAS, a Notice of Preparation (NOP) of an EIR for the Specific Plan was circulated on April 20, 2018, to trustee and responsible agencies, the State Clearinghouse, and the public; and
WHEREAS, a scoping meeting was held on May 1, 2018, with the Planning Commission, and no public or agency comments on the NOP related to the EIR analysis were presented or submitted during the scoping meeting; and
WHEREAS, during the 30-day public review period for the NOP, which ended on May 21, 2018, four written comment letters were received on the NOP, and a summary of the NOP comments is provided in Chapter 1.0 of the Draft EIR; and WHEREAS, a Notice of Availability (NOA) of the Draft EIR was circulated to the State Clearinghouse, all relevant agencies, and interested parties for a 45-day public comment period, beginning on June 11, 2018, and ending on July 27, 2018; and C.2.b
Packet Pg. 177 Attachment: Ordinance (2779 : PA-1 Public Hearing Innovation Center Master Plan) 3 WHEREAS, a total of six written comments were received during the public review period for the Draft EIR, and written responses to the substantive environmental concerns raised in those comments have been prepared and included as part of the Final EIR, pursuant to the CEQA Guidelines; and
WHEREAS, the Final EIR evaluated the environmental impacts of the actions necessary to realize the City’s vision for the PA-1 in 2018, including General Plan Amendment 18-002, which made changes to the text and map of the General Plan; Specific Plan Amendment 18- 001, which adopted the PA-1 Specific Plan; and Rezone 18-003, which repealed Brentwood Municipal Code Chapters 17.498 (PD-48), 17.501 (PD-51), and 17.502 (PD-52); modified Chapter 17.503 (PD53); adopted Chapter 17.295 (PA-1 [Priority Area One] Zone); and amended the Zoning Map of the Brentwood Municipal Code; and
WHEREAS, on October 16, 2018, the Planning Commission held a public hearing to consider a recommendation to the City Council as to certification of the Final EIR and approval of the Project. By passage of Resolution No. 18-044, the Planning Commission recommended the City Council certify the Final EIR. The Planning Commission likewise recommended the City Council approve GPA 18-002 by adoption of Resolution 18-048, SPA 18-001 by adoption of Resolution 18-049, and RZ 18-003 by adoption of Resolution 18-050; and WHEREAS, on November 13, 2018, the City Council held a public hearing and considered the staff report, supporting documents, public testimony, and all appropriate information that has been submitted with the proposed project, and certified the Final EIR for the Project, approved General Plan Amendment 18-002 to make changes to the text and map of the General Plan for the purpose of adopting the PA-1 Specific Plan, approved Specific Plan Amendment 18-001 to adopt the PA-1 Specific Plan, and approved RZ 18-003 to implement the Specific Plan; and WHEREAS, on October 22, 2019, the City Council and Planning Commission held a joint special meeting to receive a report and provide feedback related to the Urban Land Institute (ULI) Technical Assistance Panel’s Findings and Recommendations related to potential changes to the Specific Plan; and
WHEREAS, on March 24, 2020, the City Council received and filed the Urban Land Institute Priority Area 1 Technical Assistance Panel Report and approved the PA-1 Action Plan; and
WHEREAS, on July 28, 2020, the City Council adopted Resolution No. 2020-104, approving and authorizing the City Manager or designee to execute a Professional Services Agreement with ELS Architecture and Urban Design (“Consultant”) for the Innovation Center Master Plan design process, including analyzing the PA-1 Specific Plan and market trends relating to fields of land use, economic analysis, development strategy, civil engineering and marketing for creating a new generation business park focused on economic development and new private commercial investment into the PA-1 Plan area; and
WHEREAS, the City and the Consultant hosted two public virtual town halls and received over 400 written comments to the Master Plan project website; and C.2.b
Packet Pg. 178 Attachment: Ordinance (2779 : PA-1 Public Hearing Innovation Center Master Plan) 4 WHEREAS, the City Council held duly-noticed public meetings concerning the development of the Innovation Center Master Plan on two separate occasions:
 On January 13, 2021, at a Special Joint Meeting Workshop with the Planning Commission, the City Council received a report and provided feedback related to master planning for The Innovation Center presented by ELS Architecture and Urban Design; and
 On May 11, 2021, the City Council adopted Resolution No. 2021-50, approving the concept design for The Innovation Center Master Plan and directed staff to proceed to the next phases of the Master Plan Project; and
WHEREAS, on June 21, 2022, the Planning Commission held a public hearing to consider whether to recommend to the City Council the following actions:
 Adoption of an Addendum to the Environmental Impact Report (EIR) prepared for the Priority Area 1 (PA-1) Specific Plan Project (State Clearinghouse No. 2018042064), which was certified by the City of Brentwood on November 13, 2018 (Certified EIR).  Adoption of amendments to the Priority Area 1 Specific Plan (SPA 22-001), which updates development standards, land uses, infrastructure and public services, and circulation, as well as economic development and implementation.  Adoption of a zoning amendment (RZ 22-001) to Brentwood Municipal Code Chapter

17.295 and the zoning map of the City to implement the changes to the Priority Area 1 Specific Plan, per SPA 22-001.

WHEREAS, collectively, the amendments to the Priority Area 1 Specific Plan (SPA 22- 001) and the zoning amendment to Brentwood Municipal Code Chapter 17.295 and the zoning map to implement SPA 22-001 (RZ 22-001) constitute the “Project;” and WHEREAS, on June 21, 2022, the Planning Commission adopted Resolution No. 20-015, recommending the City Council approve the adoption of the Addendum, and approval of SPA 22- 001 and RZ 22-001; and
WHEREAS, on July 12, 2022, the City Council held a public hearing to consider adoption of the Addendum, and approval of SPA 22-001 and RZ 22-001, as well as the staff report, supporting documents, public testimony, and all appropriate information that has been submitted with the proposed Project; and continued the public hearing to a date and time to be determined.

WHEREAS, on August 9, 2022, the City Council held a public hearing to consider adoption of the Addendum, and approval of SPA 22-001 and RZ 22-001, as well as the staff report, supporting documents, public testimony, and all appropriate information that has been submitted with the proposed Project.

NOW, THEREFORE, the City Council of the City of Brentwood finds:

1. With respect to the California Environmental Quality Act (‘CEQA,’ codified at California Public Resources Code §§ 21000, et seq., and as further governed by the State CEQA C.2.b
Packet Pg. 179 Attachment: Ordinance (2779 : PA-1 Public Hearing Innovation Center Master Plan) 5 Guidelines, found at 14 CCR §§ 15000, et seq.), the City Council has adopted Resolution No. _____, which approves and adopts the Addendum prepared for the Project.

2. By adoption of Resolution No. ______, the City Council likewise adopted SPA 22-001 to amend the Priority Area 1 Specific Plan.

3. With respect to Brentwood Municipal Code section 17.870.008, the Council hereby finds the following:
a. The proposed action is consistent with the city’s community development plan and other applicable city plans.

The City Council finds that proposed RZ 22-001 is consistent with the City’s General Plan. The requested amendment is consistent and compatible with the City of Brentwood General Plan (as updated July 2014), including goals, policies, and implementation programs such as:

1. Land Use Policy LU1-2, which directs the “PA-1” land use designation be adopted for the area within the PA-1 Specific Plan planning area; and

2. Land Use Policy Goal 3, which states, “Provide for a diversified mix of strong retail centers, service commercial activities, manufacturing enterprises, and highpaying employment opportunities that contribute to Brentwood’s economic well-being,” in that it is projected that the changes to the PA-1 Specific Plan that are contemplated in the Project will incentivize and facilitate the development of successful retail centers, as well as commercial activity, and jobs-generating uses that will offer competitive compensation; and

3. Land Use Policy LU 3-7, which directs the City to “encourage the location of high quality, professional office campuses, business parks, and industrial parks along with related mixed-use development, where appropriate within the city,” in that adoption of the PA-1 Specific Plan amendments proposed herein will allow for the development of high quality business parks; clean light industrial; research and development; technology, engineering, and math; and other professional office uses in an area of the city identified as appropriate for these uses by the General Plan.
b. The proposed action is not inappropriate or otherwise contrary to the public interest.

The zoning amendment is neither inappropriate nor contrary to the public interest, but rather, is beneficial to the residents, employees, and visitors of the PA-1 Specific Plan planning area and beyond, insomuch as it will facilitate housing C.2.b
Packet Pg. 180 Attachment: Ordinance (2779 : PA-1 Public Hearing Innovation Center Master Plan) 6 opportunities, generate employment growth, and provide recreational opportunities.

NOW, THEREFORE, the City Council of the City of Brentwood does hereby ordain as follows:

Section 1. Chapter 17.295 (‘PA-1 Zone’) of the Brentwood Municipal Code is hereby modified to incorporate the changes to the PA-1 Specific Plan set forth in SPA 22-001, with no text changes to Chapter 17.295 being required.

Section 2. The official zoning map of the Brentwood Municipal Code shall be amended to the extent necessary to reflect the foregoing, as set forth in SPA 22-011, incorporated herein.

Section 3. This ordinance shall be published in accordance with Government Code Section 36933. This ordinance shall take effect 30 days after its adoption. The City Clerk is directed to cause the municipal code text to be entered in the Brentwood Municipal Code and the zoning map of the City of Brentwood to be modified accordingly.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on August 9, 2022, by the following vote:

C.2.b
Packet Pg. 181 Attachment: Ordinance (2779 : PA-1 Public Hearing Innovation Center Master Plan) CHAPTER 4: LAND USE PLAN
This chapter describes the land use plan, which is the guide for developing and using land within the PA-1 Specific Plan area (Specific Plan area or planning area). The land use plan provides the framework necessary to achieve the mixture of uses that will fulfill the City of Brentwood’s vision and priorities for the Specific Plan area. The framework identifies the project area’s land use designations and allowed uses. The land use plan comprises the text in this chapter and the land use diagram, which is a map that illustrates the locations of the land use designations in the planning area. This chapter also includes goals and policies necessary to achieve and implement the land use vision for the Specific Plan area.

This chapter is organized into the following sections:

4.1. Land Use Plan

4.2. Land Use Designations

4.3. Allowed Uses

4.4. Land Use Plan Goals and Policies
C.2.c
Packet Pg. 182 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center 4-2 PA-1 SPECIFIC PLAN | LAND USE PLAN

4.1: LAND USE PLAN
The land use plan implements the Specific Plan’s vision and goals through the application of specified land use designations to all properties in the Specific Plan area. The locations of these designations are illustrated in Figure 4.1, Land Use Plan. The land use designations form the basis of the Specific Plan’s land use framework. The designations are described in Section 4.2, Land Use Designations. The corresponding allowed use provisions for each designation are listed in Section 4.3, Allowed Uses.

Development standards for each land use designation are included in Chapter 6, Private Realm Development.

4.2: LAND USE DESIGNATIONS
Table 4.1, Land Use Designations, establishes the seven land use designations and one overlay designation that apply within the Specific Plan area. These designations implement both the PA-1 Specific Plan and the City’s General Plan vision, policies, and land use classifications for the planning area. The designations replace the application of the City’s conventional zoning districts and planned developments in the planning area. See Figure 4.1, Land Use Plan, for specific parcel designations within the project area.

Densities specified in this Specific Plan are expressed in units per gross acre. Gross acreage shall include land dedicated for any public use (including but not limited to streets, schools, parks, fire stations and detention basins). Land set aside for public facilities and for which reimbursement will be received is not to be included in density calculations (i.e. schools and detention basins). The extent to which facilities are provided will help determine the actual number of units per acre that will be allowed.

C.2.c
Packet Pg. 183 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center 4 -2 PA-1 SPECIFIC PLAN | LAND USE PLAN
Table 4.1: Land Use Designations
Employment Center/Light Industrial
(ECLI)

0.6 Maximum FAR
The Employment Center/Light Industrial designation
accommodates a wide range of jobs-generating uses,
including business parks; clean light industrial; research and development (R&D); science, technology, engineering, and math (STEM); tech/biotech manufacturing; high-tech services that incorporate some combination of assembly,
warehousing, and/or sales, hospitals and other health care- related uses, and professional offices. This designation also allows for a regional destination resort hotel and conference center on approximately 45 acres within PA-1.

Transit Village / Mixed Use (TV / MU)

0.5 – 1.5 FAR
25-40 du/acre
The Transit Village / Mixed Use designation provides for an integrated mix of high-intensity uses in the area surrounding the planned transit station, and encourages the development of a high-quality, pedestrian and bicycle friendly mixed-use district that will define the Specific Plan area’s core. Allowed uses include professional and medical offices, personal services, retail and restaurants, entertainment- and
hospitality-related uses, and upper floor multiple-family residences.

Regional Commercial (RC)

0.6 Maximum FAR
The Regional Commercial designation accommodates retail and service uses that serve the general needs of the
community and the region. The designation applies to parcels located along Lone Tree Way and State Route 4, and
accommodates bulk retailers, department stores,
supermarkets, hardware stores, smaller, specialty retailers, and professional and medical offices.

Multiple-Family Very-High Density
Residential (MFVHDR)
15-35 du/acre
The Multiple-Family Very-High Density Residential designation supports multiple-family residential development within walking distance to the transit station. The designation is primarily intended to accommodate multiple story
condominium and/or apartment buildings.

C.2.c
Packet Pg. 184 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center PA-1 SPECIFIC PLAN | LAND USE PLAN 4-3
High Density Residential (HDR)
10-20 du/acre
The High Density Residential designation supports residential development at densities and configurations, compatible with the neighborhoods that surround the Specific Plan area, while providing housing within walking distance to the transit station. The designation accommodates a wide variety of housing types, including duplexes, triplexes, townhouses, condominium and/or apartment buildings, and small-lot
detached single-family houses.

Transit Station Overlay (TS)
The Transit Station overlay applies to the areas associated with the proposed transit station and associated facilities, including a potential bus terminal, rail platform, ticketing areas, customer amenities, access and parking areas, and a pedestrian overcrossing over State Route 4.

The locations of the Transit Station Overlay on the Land Use Map are approximate. The overlay is approximately 13.5- acres located northeast of the corner of the Mokelumne Trail and State Route 4.

In the event that ultimate development of the Transit Station and associated facilities moves or shifts, the underlying land use designation shall be ECLI.

Recreational Amenity (RA)
The Recreational Amenity (RA) designation includes trail corridors, linear parks, and social spaces. These features can be natural spaces that enhance commercial environments
such as Innovation Parkway, Mokelumne Trail, and Sand Creek Trail. Approximately 22.5 acres of public parkland is needed to meet the 5-acre of parks per 1,000 resident standard in the General Plan.

C.2.c
Packet Pg. 185 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center 4 -4 PA-1 SPECIFIC PLAN | LAND USE PLAN
Figure 4.1- Land Use Plan
TBD PH of 8-9-22
C.2.c
Packet Pg. 186 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center PA-1 SPECIFIC PLAN | LAND USE PLAN 4-5

4.3: ALLOWED USES
Table 4.2, Allowed Uses, establishes land use and corresponding entitlement requirements for the Specific Plan’s seven land use designations and one overlay designation. Allowed use provisions herein are generally consistent with and implement corresponding land use designations in the City’s General Plan. Within the Specific Plan area, all land area and structures/facilities therein may only be developed, divided, and/or used for those activities listed in Table 4.2. The table also includes references to Brentwood Municipal Code (BMC) sections and other ordinances that the City uses to regulate development that may impact certain sensitive uses.

Land uses in the table are grouped into general categories on the basis of common function, product, or compatibility characteristics. These allowed use categories are called “use classifications.” Use classifications describe one or more uses having similar characteristics but do not list every use or activity that may appropriately be within the classification. For more information on the purpose, applicability, and the City’s definition of use descriptions, refer to Appendix A: Glossary. The following rules apply to use classifications:
⊲ Similar Uses. When a use is not specifically listed in Table 4.2, it shall be understood that the use may be permitted or
conditionally permitted if the City of Brentwood Community Development Director determines that the use is substantially similar to a use listed in Table 4.2. Residential uses are not similar to and will not be permitted in any designation where such uses are not explicitly permitted in Table 4.2 below. It is further recognized that every conceivable use cannot be identified in Table 4.2. Anticipating that new uses will evolve over time, the Community Development Director may make a formal similar use determination (in writing) based on the proposed use’s impacts and its compatibility with uses allowed in the given district. ⊲ Illegal Uses. No use that is illegal under local, state, or federal law shall be allowed in any land use designation within the planning area.

Use regulations in Table 4.2 are shown using the following symbols:
⊲ P – land use permitted by right
⊲ C – land use allowed with the approval of a conditional use permit.

For the City’s conditional use permit requirements and process, refer to BMC Chapter 17.830.
⊲ - – land use not allowed
C.2.c
Packet Pg. 187 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center C.2.c
Packet Pg. 188 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center PA-1 SPECIFIC PLAN | LAND USE PLAN 4-6
Table 4.2: Allowed Uses
ECLI TV/MU RC MFVHDR HDR RA PF TS Additional
Regulations
Residential Use Listings
Dwelling – Accessory - P - P P - - -
Dwelling – Multiple-Family - P - P P - - -
Dwelling – Single-Family - - - - P - - -
Home Occupation - P - P P - - - BMC Chapter

17.840
Live-Work Unit - P - - - - - -
Supportive Housing - P - P P - - -
Transitional Housing - P - P P - - -
Human Services Use Listings
Day Care Center, Adults C C - C C - - -
Subject to
compliance
with State law
Day Care Center, Children C C - C C - - -
Subject to
compliance
with State law,
including
Health &
Safety Code §
1597.45(a)
Medical Services –
Ambulance Service C - - - - - - -
Medical Services – Extended
Care P - - P P - - -
Medical Services – General P P P - - - - -
Medical Services – Hospital C - - - - - - -
Residential Care Facility,
Small - - - - - - - -
Residential Care Facility,
Large - - - - - - - -
Urban Agriculture and Animal-Related Use Listings
Community Garden - - - C C - C -
Kennel - - C - - - - -
Market Garden P P P - - - - -
Private Garden - P P P P - - -
Urban Agriculture Stand - P P - - C - -
Veterinary Clinic
(Without Kennel) - C C - - - - -
Institutional Use Listings
College Campus C C C - - - - -
Farmers’ Market P P - - - C - -
Indoor Fitness and Sports
Facility C P P - - - - -
C.2.c
Packet Pg. 189 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center PA-1 SPECIFIC PLAN | LAND USE PLAN 4-7
Table 4.2: Allowed Uses
ECLI TV/MU RC MFVHDR HDR RA PF TS Additional
Regulations
Indoor Recreational/
Entertainment Facilities C P P - - - - -
Outdoor
Recreation/Entertainment
Facilities

C C C C C C C -
Parks and Plazas P P P P P P P P
Private Educational Facilities C C C - - - - -
Public-School Facilities P C C C C C - -
Public Safety Facilities C C C C C - P C
Religious Institutions - - - - - - - -
Social, Fraternal, and
Recreational Clubs - - - C C - - -
Utility, Transportation, and Communication Use Listings Broadcasting and Recording
Studio P P - - - - - -
Bus and Transit Shelter P P P P P - P P
Park and Ride Facility P P C - - - - P
Parking Facility P P P P - - - P
Transit Facility P C C C C - C P
Utility Facilities and
Infrastructure C C C C C - C C
Wireless
Telecommunication Facility C C C C C - C C BMC Chapter 17.795 Commercial Use Listings
Adult Oriented Business - - - - - - - -
Animal Sales and Grooming - P P - - - - -
Business Support Services P P P - - - - -
Call Center P - - - - - - -
Card and Gaming Room - -
Check Cashing Business - - - - - - - -
Commercial Lodging –
Hotels P P P - - - - -
Commercial Lodging –
Hotels Extended Stay P P P - - - - -
Commercial Lodging –
Short-Term Rentals - - - - - - - -
Drive-In and Drive-Thru
Facilities C C C - - - - -
Eating and Drinking
Establishments –
Bars and Nightclubs

C C C - - - - -
Eating and Drinking
Establishments – Restaurant P P P - - - - -
C.2.c
Packet Pg. 190 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center 4 -8 PA-1 SPECIFIC PLAN | LAND USE PLAN
Table 4.2: Allowed Uses
ECLI TV/MU RC MFVHDRHDRRA PF TS Additional
Regulations
Eating and Drinking
Establishments – Tasting
Room, Off-site

CCC-----
Financial InstitutionsPPP-----
Food and Beverage Stores –
Convenience Store

CCC----C
Food and Beverage Stores –
Grocery Store
-CP-----
Food and Beverage Stores –
Liquor Store
--------
Food and Beverage Stores –
Neighborhood Market
-CC-----
Garden Centers and
Retail/Wholesale Nurseries
--P-----
Mortuaries and Funeral
Homes
--------
Offices – AccessoryPPP
PP
-PP
Offices – Building Trade
Contractors

P-------
Offices – Business and
Professional

PPP-----
Personal Services-PP-----
Retail – AccessoryPPP----C
Retail – GeneralCPP-----
Retail – General, Large
Format
-CCP-----
Specialized Retail –
Artisan Shop

C--C----
Auto Parts Sales--P-----
Car Washing and Detailing--------
Ride Share ServicesCC-----
C.2.c
Packet Pg. 191 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center PA-1 SPECIFIC PLAN | LAND USE PLAN 4-9
Table 4.2: Allowed Uses
ECLI TV/MU RC MFVHDR HDR RA PF TS Additional
Regulations
Service Station, Stand Alone - - - - - - - -
Service Station, Accessory
to General - Large Format
Retailer
- - C - - - - -
Vehicle Services, Major - - - - - - - -
Vehicle Services, Minor C - P - - - - -
Industrial, Manufacturing, and Processing Use Listings
Agricultural Products
Processing C - - - - - - -
Artisanal and Specialty
Manufacture, Display, and
Sales

C C C - - - - -
Breweries, Distilleries, and
Wineries C - - - - - - -
Freight Yard/Truck Terminal - - - - - - - -
Manufacturing – Major C - - - - - - -
Manufacturing – Minor P - - - - - - -
Manufacturing – Small Scale P - - - - - - -
Printing and Publishing P - - - - - - -
Recycling Facility –
Collection - - - - - - - -
Research and Development P C - - - - - -
Storage – Warehouse C - - - - - - -
Storage – Yard - - - - - - - -
Wholesale and Distribution - - - - - - - -
Accessory Uses
Accessory Facilities or
Buildings - - - P P - - - BMC Chapter 17.660
Temporary Uses
See BMC Section 17.850
Signs
See BMC Section 17.640
C.2.c
Packet Pg. 192 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center 4-10 PA-1 SPECIFIC PLAN | LAND USE PLAN

4.4: LEGAL NONCONFORMING STATUS
The following requirements apply to legal nonconforming land uses, buildings, and structures.

Land Uses

1. A legal nonconforming land use is one that was permitted within the zone in which it was located at the time it was established, but became disallowed upon the adoption of the PA-1 Specific Plan.

Notwithstanding any other language in the Municipal Code to the contrary, such use may continue as long as it does so in accordance with these provisions and without any interruption lasting more than one year. It shall be the responsibility of the respective property owner to provide documentation to the satisfaction of the Community Development Director that confirms both the legal nonconforming status of a land use and the duration of any interruption in that land use. Legal nonconforming uses include development projects that were approved prior to adoption of the PA-1 Specific Plan, have not yet been constructed, have been subject to substantial investment, and retain their approval status.

2. Except as provided herein, a legal nonconforming land use shall not be changed to or replaced by any other use except a conforming one.

A legal nonconforming land use may, however, be changed to or replaced by another similar use when all of the following criteria are met:
⊲ The change or replacement does not increase the extent or intensity of the nonconformity within the site area occupied by the nonconforming use on the site.
⊲ The building or portion of a building, presently occupied by the legal nonconforming land use, is not reasonably capable of conversion to accommodate use and occupancy by a conforming use, without substantial reconstruction or remodeling as determined by the Chief Building Official.
⊲ All proper building permits are obtained.

A subsequent purchaser cannot replace a nonconforming use established or operated by a prior owner with a new nonconforming use similar in nature.

3. Any legal nonconforming use of a site that is vacant for a period of one year or longer, or is discontinued or otherwise ceases operation and use of the site for a period of one year or longer, shall not be resumed, reestablished, continued or substituted, and all subsequent use of such site shall conform to the requirements of the PA-1 Specific Plan.

C.2.c
Packet Pg. 193 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center PA-1 SPECIFIC PLAN | LAND USE PLAN 4-11
A one-time six-month extension to the one-year use period may be granted by the Community Development Director if requested in writing. It shall be the responsibility of the respective property owner to provide documentation to the satisfaction of the Community Development Director that confirms the period of vacancy or discontinuance of a legal nonconforming land use.

4. A legal nonconforming land use that occupies a portion of a building may be expanded to include additional floor area within the same building provided that all proper building permits are obtained. Prior to any expansion within the same building, however, the property owner shall demonstrate to the satisfaction of the Chief Building Official that without substantial remodeling or reconstruction, the portion of the building into which expansion is proposed may not reasonably be used or occupied by a conforming use. The Chief Building Official shall consider whether any required remodeling or reconstruction would involve structural alterations prior to allowing expansion of a legal nonconforming land use. A legal nonconforming use can also be expanded in accordance with Buildings and Structures section below.

5. A legal nonconforming land use that is changed to or replaced by a conforming use shall not be reestablished.

Buildings and Structures

1. Normal and routine maintenance of any existing building or structure for the purpose of preserving its existing condition, retarding or eliminating wear and tear or physical depreciation, or complying with health and safety requirements, shall be permitted and encouraged.

2. Exterior improvements and renovations and/or structural additions to legal nonconforming buildings or structures that increase the size or scale of nonconforming conditions are not permitted, except as specified below:
⊲ One-time minor additions involving a maximum of 25% of the gross floor area or 500 total square feet, whichever is less. ⊲ Significant exterior alterations or changes in the exterior façade or architectural design consistent with the applicable Cityadopted design guidelines. ⊲ Owner-occupied residential buildings used for residential purposes shall be permitted to add accessory structures and outdoor amenities consistent with the applicable development standards for the property.

C.2.c
Packet Pg. 194 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center 4-12 PA-1 SPECIFIC PLAN | LAND USE PLAN

4.4: LAND USE PLAN GOALS AND POLICIES
Goal LU-1. Promote Economic Activity That Creates
High Quality Jobs.

Policy LU-1.1. Prioritize the attraction of businesses to the Employment Center/Light Industrial, Transit Village / Mixed Use, and Regional Commercial designations that provide high quality employment opportunities.

Policy LU-1.2. Provide retail, dining, entertainment, and personal service uses to accommodate the needs of residents, employees, commuters, and visitors.

Policy LU-1.3. Encourage unique local retail, restaurant, and service businesses to locate within the Specific Plan area.

Policy LU-1.4. Support the intensification of commercial development, such as infill development on parking lots, in the Regional Commercial designation, provided that parking requirements continue to be met.

Policy LU-1.5. New stand-alone automobile service stations (gas stations) are not permitted within the PA-1 Plan Area. Legal pre-existing service stations within the PA-1 Plan Area may seek expansions and/or modifications through the Conditional Use Permit process.

Goal LU-2. Provide for a Comprehensive Mix of
Transit-Supportive Land Uses.

Policy LU-2.1. Encourage land uses at intensities and densities to support future transit improvements and ridership.

Policy LU-2.2. Support multiple-level transit-oriented development in the project area by encouraging a suitably intense mixture of uses.

Policy LU-2.3. Allow for flexibility in the final location of the Transit Station Overlay. The total area within PA-1 allocated for Transit Station uses shall be approximately 13.5 acres, in the northeast corner of the intersection of the Mokelumne Trail and SR 4.

Policy LU-2.4: If a local-serving public school district determines that there is a suitable site for a new school within the PA-1 Specific Plan Area, encourage property owners to work collaboratively with the District to facilitate a land sale for the purposes of building a public school, if feasible.

C.2.c
Packet Pg. 195 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center PA-1 SPECIFIC PLAN | LAND USE PLAN 4-13
Goal LU-3. Develop a Vibrant Mixed-Use, TransitOriented Environment by Encouraging Activity Along Streetscapes and in Public Spaces.

Policy LU-3.1. Require activity-generating ground floor uses, such as retail stores, restaurants, and coffee shops, along streets and public spaces, such as plazas, in the Transit Village / Mixed Use designation, and on the ground floor of any parking garages.

Policy LU-3.2. Encourage activity-generating uses at prominent intersections, adjacent to public spaces, and within proximity to the future Transit Station in the Employment Center/Light Industrial and Regional Commercial designations.

Policy LU-3.3. Create urban public spaces, such as plazas and courtyards, in the Transit Village / Mixed Use and residential designations that are bounded by activity-generating uses, such as outdoor dining, retail, seating areas, and/or recreation.

Goal LU-4. Provide a Variety of Housing Types that
Meet Residents’ Needs, Complement the Surrounding
Residential Neighborhoods, and Support the
Specific Plan Area’s Transit-Oriented Development
Pattern.

Policy LU-4.1. Encourage the development of housing for a range of income categories.

Policy LU-4.2. Utilize existing City programs and policies to encourage and facilitate the development of affordable housing within the Specific Plan area.

Policy LU-4.3. A total of 2,041 dwelling units in PA-1 was the upper limit of residential development analyzed in the Final EIR. Additional residential development within PA-1 beyond this level would require further environmental review.

Goal LU-5. Enhance Quality of Life in the Specific
Plan Area by Providing Parks, Trails, and
Recreational and Cultural Activities.

Policy LU-5.1. Expand the Specific Plan area’s system of public spaces, trails, and recreational opportunities.

C.2.c
Packet Pg. 196 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center 4-14 PA-1 SPECIFIC PLAN | LAND USE PLAN
Policy LU-5.2. Establish a network of Recreational Amenities (RA) consisting of linear parks along streetscapes, trail corridors, and social gathering spaces to enhance the urban environment.

Policy LU-5.3. Meet the 5-acre per 1,000 residents park requirement outlined in the General Plan through a combination of the following:
a. Providing park land commensurate with park land
requirements within residential developments;
b. Administer park impact fees for developments earmarked to provide park improvements within PA-1;
c. Collaborate with residential project developers to identify and provide fair share funding for the purchase of a public park. d. Coordinate with the local school districts to ensure that any new public school site developed within PA-1 includes jointuse provisions that ensure Brentwood residents can access and utilize open space and parks resources developed in conjunction with a new school site.

Policy LU-5.4. Require new development to provide public open spaces and pedestrian connections to the Specific Plan area’s pedestrian network.

Policy LU-5.5. Encourage enhancements to the Mokelumne Trail that connect the trail across State Route 4 and reflect the character of the surrounding development (e.g. urban design through the Transit Village / Mixed Use Designation, suburban design through the residential designations, etc.)
Policy LU-5.6. Encourage development along Sand Creek to interface with and provide a continuous open space network, including passive and active recreational uses, along the waterway.

Policy LU-5.7. Encourage the development of community gardens in the Transit Village / Mixed Use and residential designations.

Policy LU-5.8. Promote youth and cultural activities within the Specific Plan area.

C.2.c
Packet Pg. 197 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center CHAPTER 4: LAND USE PLAN
This chapter describes the land use plan, which is the guide for developing and using land within the PA-1 Specific Plan area (Specific Plan area or planning area). The land use plan provides the framework necessary to achieve the mixture of uses that will fulfill the City of Brentwood’s vision and priorities for the Specific Plan area. The framework identifies the project area’s land use designations and allowed uses. The land use plan comprises the text in this chapter and the land use diagram, which is a map that illustrates the locations of the land use designations in the planning area. This chapter also includes goals and policies necessary to achieve and implement the land use vision for the Specific Plan area.

This chapter is organized into the following sections:

4.1. Land Use Plan

4.2. Land Use ClassificationsDesignations

4.3. Allowed Uses

4.4. Land Use Plan Goals and Policies
C.2.c
Packet Pg. 198 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center 4-2 PA-1 SPECIFIC PLAN | LAND USE PLAN

4.1: LAND USE PLAN
The land use plan implements the Specific Plan’s vision and goals through the application of the project’s six specified land use designations to all properties in the Specific Plan area. The locations of these designations are illustrated in Figure 4.1, Land Use Plan. The land use designations form the basis of the Specific Plan’s land use framework. The designations are described in Section 4.2, Land Use ClassificationsDesignations. The corresponding allowed use provisions for each designation are listed in Section 4.3, Allowed Uses. Development standards for each land use designation are included in Chapter 6, Private Realm Development.

4.2: LAND USE CLASSIFICATIONSDESIGNATIONS
Table 4.1, Land Use Designations, establishes the six seven land use designations and one overlay designation that apply within the Specific Plan area. These designations implement both the PA-1 Specific Plan and the City’s General Plan vision, policies, and land use classifications for the planning area. The designations replace the application of the City’s conventional zoning districts and planned developments in the planning area. See Figure 4.1, Land Use Plan, for specific parcel designations within the project area.

C.2.c
Packet Pg. 199 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center 4 -2 PA-1 SPECIFIC PLAN | LAND USE PLAN
Table 4.1: Land Use Designations
Employment Center/Light Industrial
(ECLI)

Transit Village (TV)/ Mixed Use (TV /
MU)

Regional Commercial (RC)

Formatted: Justified
C.2.c
Packet Pg. 200 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center PA-1 SPECIFIC PLAN | LAND USE PLAN 4-3
Multiple-Family Very-High Density
Residential (MFVHDR)
15-35 du/acre
The Multiple-Family Very-High Density Residential designation supports multiple-family residential development within walking distance to the transit station. The designation is primarily intended to accommodate multiple story
condominium and/or apartment buildings.

High Density Residential (HDR)
10-20 du/acre
The High Density Residential designation supports residential development at densities and configurations, compatible with the neighborhoods that surround the Specific Plan area, while providing housing within walking distance to the transit station. The designation accommodates a wide variety of housing types, includinge duplexes, triplexes, townhouses, condominium and/or apartment buildings, and small-lot
detached single-family houses.

Public Facility (PF)
The Public Facility designation applies to parcels reserved for government and public agency offices and facilities and public utility facilities. A single parcel within PA-1 is designated as PF, and is the site of a planned future fire station.

The locations of the Transit Station Overlay on the Land Use Map are approximate. The overlay must applyis
approximately 13.56.6 net6-acres to 20-acres, including at least 5-acres on properties located northeast of the corner of the Mokelumne Trail and State Route 4.

In the event that ultimate development of the Transit Station and associated facilities moves or shifts, the underlying land use designation shall be ECLI.

C.2.c
Packet Pg. 201 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center 4 -4 PA-1 SPECIFIC PLAN | LAND USE PLAN
Recreational Amenity (RA)
The Recreational Amenity (RA) designation includes trail corridors, linear parks, and social spaces. These features can be natural spaces that enhance commercial environments
such as Innovation Parkway, Mokelumne Trail, and Sand Creek Trail. Approximately 22.50 acres of public parkland is needed to meet the 5-acre of parks per 1,000 resident standard in the General Plan.

Formatted: Underline, Font color: Red
C.2.c
Packet Pg. 202 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center PA-1 SPECIFIC PLAN | LAND USE PLAN 4-5
Figure 4.1- Land Use Plan Formatted: Centered
C.2.c
Packet Pg. 203 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center 4-6 PA-1 SPECIFIC PLAN | LAND USE PLAN

4.3: ALLOWED USES
Table 4.2, Allowed Uses, establishes land use and corresponding entitlement requirements for the Specific Plan’s six seven land use designations and one overlay designation. Allowed use provisions herein are generally consistent with and implement corresponding land use designations in the City’s General Plan. Within the Specific Plan area, all land area and structures/facilities therein may only be developed, divided, and/or used for those activities listed in Table 4.2. The table also includes references to Brentwood Municipal Code (BMC) sections and other ordinances that the City uses to regulate development that may impact certain sensitive uses.

Use regulations in Table 4.2 are shown using the following symbols:
⊲ P – land use permitted by right
⊲ C – land use allowed with the approval of a conditional use permit.

For the City’s conditional use permit requirements and process, refer to BMC Chapter 17.830.
⊲ - – land use not allowed
Formatted: Justified, Level 1
C.2.c
Packet Pg. 204 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center C.2.c
Packet Pg. 205 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center PA-1 SPECIFIC PLAN | LAND USE PLAN 4-7
Table 4.2: Allowed Uses
ECLI TV/MU RC MFVHDR HDR RA PF TS Additional
Regulations
Residential Use Listings
Dwelling – Accessory - P - P P - - -
Dwelling – Multiple-Family - P - P P - - -
Dwelling – Single-Family - - - - P - - -
Home Occupation - P - P P - - - BMC Chapter

17.670
Kennel - - C - - - - -
Market Garden P P P - - - - -
Private Garden - P P P P - - -
Urban Agriculture Stand - P P - - C - -
Veterinary Clinic
(Without Kennel) - PC PC - - - - -
Institutional Use Listings
College Campus C C C - - - - -
Farmers’ Market P- P - - - C - -
C.2.c
Packet Pg. 206 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center 4 -8 PA-1 SPECIFIC PLAN | LAND USE PLAN
Table 4.2: Allowed Uses
ECLI TV/MU RC MFVHDRHDRRA PF TS Additional
Regulations
Indoor Fitness and Sports
Facility

CPP-----
Indoor Recreational/
Entertainment Facilities

CPP-----
Outdoor
Recreation/Entertainment
Facilities

PP------
Bus and Transit Shelter

PPPPP-P
P
Park and Ride Facility

PPC----
P
Parking Facility

PPPP---
P
Transit Facility

PCCCC-CP
Utility Facilities and
Infrastructure

CCCCC-CC
Wireless
Telecommunication Facility
CCCCC-CC BMC Chapter

17.795
Commercial Use Listings
Adult Oriented Business--------
Animal Sales and Grooming-PP-----
Business Support ServicesPPP-----
Call CenterP-------
Card and Gaming RoomC-C------
Check Cashing Business--------
Commercial Lodging –
Hotels and Motels

CPCPCP-----
Commercial Lodging –
Hotels and Motels,
Extended Stay

CPCPCP-----
Commercial Lodging –
Short-Term Rentals
--C--C-C---
Drive-In and Drive-Thru
Facilities

CCC-----
Eating and Drinking
Establishments –
Bars and Nightclubs

CCC-----
C.2.c
Packet Pg. 207 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center PA
-1 SPECIFIC PLAN | LAND USE PLAN4-9
Table 4.2: Allowed Uses
ECLI TV/MU RC MFVHDRHDRRA PF TS Additional
Regulations
Eating and Drinking
Establishments – Restaurant

PPP-----
Eating and Drinking
Establishments – Tasting
Room, Off-site

CCC-----
Financial InstitutionsPPP-----
Food and Beverage Stores –
Convenience Store

PCPCPC----C
Food and Beverage Stores –
Grocery Store
-CP-----
Food and Beverage Stores –
Liquor Store
-P-P------
Food and Beverage Stores –
Neighborhood Market
-PCPC-----
Garden Centers and
Retail/Wholesale Nurseries
--P-----
Mortuaries and Funeral
Homes
--------
Offices – AccessoryPPP
PP
-PP
Offices – Building Trade
Contractors

P-------
Offices – Business and
Professional

PPP-----
Personal Services-PP-----
Retail – AccessoryPPP----C
Retail – GeneralCPP-----
Retail – General, Large
Format
-CCCP----- BMC Chapter

17.750
Specialized Retail –
Artisan Shop

PPP-----
Specialized Retail –
Building Materials Stores
and Yards
--P-----
Specialized Retail –
Equipment Sales and
Rentals
--C-----
Specialized Retail –
Furniture, Furnishings, and
Appliance Stores
-PP-----
Specialized Retail –
Smoke Shop
-C-C------
Tattoo Parlors-C-C------
Automobile-Related Use Listings
Auto and Vehicle Sales Showroom
-C--C-----
Auto Parts Sales--P-----
Car Washing and Detailing--C------
C.2.c
Packet Pg. 208 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center 4-10 PA-1 SPECIFIC PLAN | LAND USE PLAN
Table 4.2: Allowed Uses
ECLI TV/MU RC MFVHDR HDR RA PF TS Additional
Regulations
Ride Share Services C C - - - - -
Service Station, Stand Alone - - P- - - - - -
Service Station, Accessory
to General - Large Format
Retailer
- - C - - - - -
Vehicle Services, Major - - - - - - - -
Vehicle Services, Minor -C - P - - - - -
Industrial, Manufacturing, and Processing Use Listings
Agricultural Products
Processing C - - - - - - -
Artisanal and Specialty
Manufacture, Display, and
Sales

C C C - - - - -
Breweries, Distilleries, and
Wineries C - - - - - - -
Freight Yard/Truck Terminal P- - - - - - - -
Manufacturing – Major C - - - - - - -
Manufacturing – Minor P - - - - - - -
Manufacturing – Small Scale P - - - - - - -
Printing and Publishing P - - - - - - -
Recycling Facility –
Collection P- - - - - - - -
Research and Development P C - - - - - -
Storage – Warehouse PC - - - - - - -
Storage – Yard - - - - - - - -
Wholesale and Distribution P- - - - - - - -
Accessory Uses
Accessory Facilities or
Buildings - - - P P - - - BMC Chapter 17.660
Temporary Uses
See BMC Section 17.850
Signs
See BMC Section 17.640

4.4: LEGAL NONCONFORMING STATUS
The following requirements apply to legal nonconforming land uses, buildings, and structures.

Land Uses
C.2.c
Packet Pg. 209 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center PA-1 SPECIFIC PLAN | LAND USE PLAN 4-11

1. A legal nonconforming land use is one that was permitted within the zone in which it was located at the time it was established, but became disallowed upon the adoption of the PA-1 Specific Plan.

Notwithstanding any other language in the Municipal Code to the contrary, sSuch use may continue as long as it does so in accordance with these provisions and without any interruption lasting more than one year. It shall be the responsibility of the respective property owner to provide documentation to the satisfaction of the Community Development Director that confirms both the legal nonconforming status of a land use and the duration of any interruption in that land use. Legal nonconforming uses include development projects that were approved prior to adoption of the PA-1 Specific Plan, have not yet been constructed, have been subject to substantial investment, and retain their approval status.

2. Except as provided herein, a legal nonconforming land use shall not be changed to or replaced by any other use except a conforming one.

A subsequent purchaser cannot replace a nonconforming use established or operated by a prior owner with a new nonconforming use similar in nature.

A one-time six-month extension to the one-year use period may be granted by the Community Development Director if requested in writing. It shall be the responsibility of the respective property owner to provide documentation to the satisfaction of the Community C.2.c
Packet Pg. 210 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center 4-12 PA-1 SPECIFIC PLAN | LAND USE PLAN
Development Director that confirms the period of vacancy or discontinuance of a legal nonconforming land use.

5. A legal nonconforming land use that is changed to or replaced by a conforming use shall not be reestablished.

Buildings and Structures

4.4: LAND USE PLAN GOALS AND POLICIES
Goal LU-1. Promote Economic Activity That Creates
High Quality Jobs.

C.2.c
Packet Pg. 211 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center PA-1 SPECIFIC PLAN | LAND USE PLAN 4-13
Policy LU-1.1. Prioritize the attraction of businesses to the Employment Center/Light Industrial, Transit Village / Mixed Use, and Regional Commercial designations that provide high quality employment opportunities.

Policy LU-1.2. Provide retail, dining, entertainment, and personal service uses to accommodate the needs of residents, employees, commuters, and visitors.

Policy LU-1.3. Encourage unique local retail, restaurant, and service businesses to locate within the Specific Plan area.

Policy LU-1.5. Allow the development and operation of a regional destination resort hotel and conference center on approximately 45 acres of land designated ECLI within PA-1.

Goal LU-2. Provide for a Comprehensive Mix of
Transit-Supportive Land Uses.

Policy LU-2.1. Encourage land uses at intensities and densities to support future transit improvements and ridership.

Policy LU-2.2. Support multiple-level transit-oriented development in the project area by encouraging a suitably intense mixture of uses.

Policy LU-2.3. Allow for flexibility in the final location of the Transit Station Overlay. The total area within PA-1 allocated for Transit Station uses shall be approximately 20 acres 13.5 acres, consisting of approximately 10 acres on both the west and east sides of SR 4, in the northeast corner ofvery close proximity to the intersection of the MokeolumneMokolumne Trail and SR 4.

Policy LU-2.5: Encourage property owners within PA-1 to sell their land to a local school district for the development of a new public school site in Brentwood. If a parcel in PA-1 designated for urban uses (residential or non-residential) is ultimately developed as a public school, then the PA-1 C.2.c
Packet Pg. 212 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center 4-14 PA-1 SPECIFIC PLAN | LAND USE PLAN
Land Use Map may be revised to ensure no net loss of residential or jobsgenerating land use acreage.

Goal LU-3. Develop a Vibrant Mixed-Use, TransitOriented Environment by Encouraging Activity Along Streetscapes and in Public Spaces.

Policy LU-4.1. Encourage the development of housing for a range of income categories.

Policy LU-4.2. Utilize existing City programs and policies to encourage and facilitate the development of affordable housing within the Specific Plan area.

Goal LU-5. Enhance Quality of Life in the Specific
Plan Area by Providing Parks, Trails, and
Recreational and Cultural Activities.

Policy LU-5.1. Expand the Specific Plan area’s system of public spaces, trails, and recreational opportunities.

C.2.c
Packet Pg. 213 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center PA-1 SPECIFIC PLAN | LAND USE PLAN 4-15
Policy LU-5.2. Establish a network of Recreational Amenities (RA) consisting of linear parks along streetscapes, trail corridors, and social gathering spaces to enhance the urban environment.

Policy LU-5.24. Require new development to provide public open spaces and pedestrian connections to the Specific Plan area’s pedestrian network.

Policy LU-5.35. Encourage enhancements to the Mokelumne Trail that connect the trail across State Route 4 and reflect the character of the surrounding development (e.g. urban design through the Transit Village / Mixed Use Designation, suburban design through the residential designations, etc.)
Policy LU-5.6. Encourage development along Sand Creek to interface with and provide a continuous open space network, including passive and active recreational uses, along the waterway.

Policy LU-5.57. Encourage the development of community gardens in the Transit Village / Mixed Use and residential designations.

Policy LU-5.78. Promote youth and cultural activities within the Specific Plan area.

Formatted: Indent: Left: 0.75", No bullets or
numbering
C.2.c
Packet Pg. 214 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center PA-1 SPECIFIC PLAN | APPENDIX A - GLOSSARY A-3

USE DEFINITIONS

RESIDENTIAL USE LISTINGS
Dwelling – Accessory or “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a parcel with a proposed or existing primary dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined in Section 17958.1 of the California Health and Safety Code; and b. A manufactured home, as defined in Section 18007 of the California Health and Safety Code.

The definition of an accessory dwelling unit is established by Brentwood Municipal Code (BMC) Section

17.100.005. In the event that BMC Section 17.100.005 is updated or revised, that revised language shall govern and dictate the definition of accessory dwelling unit.

Dwelling – Multiple-Family means a building or portion thereof designed for and/or used exclusively for residence purposes by two or more households living independently of one another to include the terms duplex, triplex, fourplex, apartment, and condominium.

Dwelling – Single-Family means an attached or detached building designed for and/or used exclusively for residence purposes by one household.

Home Occupation means a commercial or other activity conducted in a home by the resident thereof which activity is clearly incidental and secondary to the use of the home as a residence and which exhibits no external evidence of the activity and will not change the residential character of the dwelling.

Live-Work Unit means a structure or portion of a structure:

1. That combines a commercial or manufacturing activity allowed in the zone with a residential living space for the owner of the commercial or manufacturing business, or the owner’s employee, and that person’s household; and

2. Where the resident owner or employee of the business is responsible for the commercial or manufacturing activity performed; and

3. Where the commercial or manufacturing activity conducted takes place subject to a valid business license associated with the premises.

Supportive Housing means housing with no limit on length of stay, that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. Supportive housing is considered a residential use and is subject only to the restrictions and standards that apply to other residential dwellings of the same type (e.g., single-family residence(s) or multifamily development) in the same designation. Examples of supportive housing include single site apartment buildings and/or townhouses owned by nonprofit landlords, subsidized units within market rate apartment complexes, and apartments leased from private landlords using a rental subsidy.

Transitional Housing means temporary housing for the certain segments of the homeless population, including working homeless making insufficient wages who have trouble affording long-term housing, and C.2.c
Packet Pg. 215 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center A-4 PA-1 SPECIFIC PLAN | APPENDIX A - GLOSSARY
is set up to transition their residents into permanent, affordable housing. It is not in an emergency homeless shelter but usually a room or apartment in a residence with support services.

HUMAN SERVICES USE LISTINGS
Day Care Center, Adults means a facility of any capacity that provides care and other services in a group setting to adults during a portion of the day.

Day Care Center, Children means a facility of any capacity that provides care and other services in a group setting during a portion of the day for children and licensed as such by the state of California.

Helipad means a landing area or platform for helicopters and powered lift aircraft. While helicopters and powered lift aircraft are able to operate on a variety of relatively flat surfaces, a fabricated helipad provides a clearly marked hard surface away from obstacles where such aircraft can land safely.

Medical Services – Ambulance Service means emergency medical care and transportation, including incidental storage and maintenance of vehicles.

Medical Services – Extended Care means residential facilities providing nursing and health-related care as a primary use with inpatient beds, such as board and care homes, convalescent and rest homes, extended care facilities, and skilled nursing facilities. Long-term personal care facilities that do not emphasize medical treatment are included under “Residential Care Facility, Large or Small.” Medical Services – General means facilities primarily engaged in providing outpatient medical, mental health, surgical, and other personal health services, but which are separate from hospitals, including medical and dental laboratories, medical, dental and psychiatric offices, outpatient care facilities, and other allied health services. Counseling services by other than medical doctors or psychiatrists are included under “Offices – Business or Professional.”
Medical Services – Hospitals means hospitals and similar facilities engaged primarily in providing diagnostic services and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include on-site accessory clinics and laboratories, accessory retail uses (see the separate definition of “Retail – Accessory”), and emergency heliports.

Residential Care Facility – Large means, consistent with the definitions of state law, a home that provides 24-hour nonmedical care for more than six persons 18 years of age or older, or emancipated minors, with chronic, life-threatening illness in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living or for the protection of the individual. This classification includes, but is not limited to, rest homes, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the state of California.

Convalescent homes, nursing homes, and similar facilities providing medical care are included under the definition of “Medical Services – Extended Care.”
Residential Care Facility – Small means, consistent with the definitions of state law, a home that provides 24-hour nonmedical care for six or fewer persons 18 years of age or older, or emancipated minors, with chronic, life-threatening illness in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living or for the protection of the individual. This classification includes, but is not limited to, rest homes, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the state of California.

C.2.c
Packet Pg. 216 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center PA-1 SPECIFIC PLAN | APPENDIX A - GLOSSARY A-5
Convalescent homes, nursing homes, and similar facilities providing medical care are included under the definition of “Medical services – Extended Care.”

URBAN AGRICULTURE AND ANIMAL-RELATED USE LISTINGS
Community Garden means a site used for growing plants for food, fiber, herbs, or flowers, which is shared and maintained by city residents.

Domestic Animal Keeping - See BMC 17.670 et seq.

Kennel means a facility that provides boarding of animals as the primary use of the facility. May also include day-time boarding and activity for animals (e.g., “doggie day care”) and ancillary grooming facilities.

Market Garden means the cultivation of fruits, vegetables, flowers, fiber, nuts, seeds in an urban location (unlike traditional agricultural uses that occur in rural areas) that involves the sale or donation of its produce to the public.

Private Garden means a private food-producing garden located in the front, side, or rear yard, courtyard, balcony, fence, wall, window sill or basement that is accessory to the primary use of a site. This definition does not include incidental fruit and vegetable plants as part of an ornamental garden for individual, rather than resale, use.

Urban Agriculture Stand means a temporary produce stand that is accessory to a Market Garden.

Veterinary Clinic means a veterinary facility that is primarily enclosed, containing only enough cage arrangements as necessary to provide services for domestic and exotic animals requiring acute medical or surgical care with accessory outdoor use that provides long-term medical care. Grooming of animals is allowed only if accessory to the facility use.

INSTITUTIONAL USE LISTINGS
Churches and Religious Institutions means facilities operated by religious organizations for worship or the promotion of religious activities (e.g., churches, mosques, synagogues, temples) and accessory uses on the same site (e.g., living quarters for ministers and staff, child day care facilities which were authorized in conjunction with the primary use). Other establishments maintained by religious organizations, such as fulltime educational institutions, hospitals, and other potentially related operations (e.g., recreational camp), are classified according to their respective activities.

College Campus means any public or privately-owned college or university, including medical schools, law schools, and other institution of higher education, including dorms, offices, facility maintenance yards, and similar supportive functions pursuant to the California Education Code.

Conference Center means an assembly facility within a structure which is devoted exclusively to public assembly for the purpose of meetings and conferences where such a facility can be subdivided into multi conference or meeting areas.

Cultural Institutions means public or quasi-public facilities including aquariums, arboretums, art exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, and planetariums, which are generally noncommercial in nature.

Farmers’ Market means a periodic or weekly event where fresh produce, flowers, crafts, and other items are sold by independent vendors. Typically held outside.

C.2.c
Packet Pg. 217 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center A-6 PA-1 SPECIFIC PLAN | APPENDIX A - GLOSSARY
Indoor Fitness and Sports Facility means predominantly participant sports and health activities conducted entirely within an enclosed building. Typical uses include ice/roller skating rinks, indoor racquetball courts, indoor climbing facilities, soccer areas, athletic clubs, and health clubs. This use does not include special studios not a part of an athletic or health club (e.g., karate studio, dance studio, etc.).

Indoor Recreational/Entertainment Facilities means establishments providing indoor amusement, entertainment, and recreation for a fee or admission charge (e.g., ball rooms and dance halls, billiard parlors, bowling alleys, and electronic game arcades).

Outdoor Recreation/Entertainment Facilities means facilities for various outdoor participant sports and types of recreation that charge a fee or admission charge (e.g., amphitheaters, amusement and theme parks, golf driving ranges, health and athletic clubs with outdoor facilities, miniature golf courses, skateboard parks, stadiums and coliseums, swim and tennis clubs, water slides, zoos).

Parks and Plazas means public parks including playgrounds and athletic fields/courts and public plazas and outdoor gathering places for community use. If privately owned and restricted to the public (e.g., require payment of fee), the same facilities are included under the definition of “Outdoor Recreation/Entertainment Facilities.”
Private Educational Facilities means any privately owned and operated elementary school, middle school, secondary school, high school, or other institution providing academic instruction for students from kindergarten through twelfth (12th) grade pursuant to the California Education Code.

Public School Facilities means any publicly owned and operated elementary school, middle school, secondary school, high school, or other institution providing academic instruction for students from kindergarten through twelfth (12th) grade pursuant to the California Education Code.

Public Safety Facilities means a facility operated by public agencies including fire stations, other fire prevention and firefighting facilities, and police and sheriff substations and headquarters, including interim incarceration facilities.

Social, Fraternal, and Recreational Clubs means an establishment of a private not-for-profit organization, including fraternal organizations, which provides social, physical, recreational, educational or benevolent services. Such establishment shall not be operated for the purpose of carrying on a trade or business, and no part of the net earnings shall inure to the benefit of any member of such organization or any other individuals, although regular employees may be paid reasonable compensation for services rendered.

UTILITY, TRANSPORTATION, AND COMMUNICATION USE LISTINGS Broadcasting and Recording Studio means commercial and public communications uses including radio and television broadcasting and receiving stations and studios, with facilities entirely within buildings. Does not include transmission and receiving apparatus such as antennas and towers, which are under the definition of “Telecommunication facility.”
C.2.c
Packet Pg. 218 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center PA-1 SPECIFIC PLAN | APPENDIX A - GLOSSARY A-7
Bus and Transit Shelter means a small structure designed for the protection and convenience of waiting transit passengers and that has a roof and usually two or three sides.

Park and Ride Facility means a designated area where a vehicle may be left in order to carpool with other commuters or to ride public transit.

Parking Facility means a parking lot or parking structure used for parking motor vehicles where the facility is the primary use of the site. Parking structures and lots that are developed in conjunction with another primary use of the site to satisfy the on-site parking requirements for the development are not included in this definition.

Transit Facility means maintenance and service centers for the vehicles operated in a mass transportation system. Includes buses, taxis, railways, etc.

Utility Facilities and Infrastructure includes the following:

1. Fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091: electrical substations and switching stations, natural gas regulating and distribution facilities, public water system wells, treatment plants and storage, telephone switching facilities, wastewater treatment plants, settling ponds and disposal fields.

These uses do not include office or customer service centers (classified in “Offices - Accessory”) or equipment and material storage yards.

2. Pipelines for potable water, reclaimed water, natural gas, and sewage collection and disposal, and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television, and other communications transmission facilities utilizing direct physical conduits.

Wireless Telecommunication Facility means the site, structures, equipment and appurtenances used to transmit, receive, distribute, provide, or offer wireless telecommunications services. This includes but is not limited to antennas, poles, towers, cables, wires, conduits, ducts, pedestals, vaults, buildings, electronics and switching equipment.

COMMERCIAL USE LISTINGS
Adult Oriented Business means any business establishment or concern which, as a regular and substantial course of conduct, operates as an adult arcade, adult bookstore, adult cabaret, adult dance studio, adult hotel/motel, adult modeling studio, adult theater; any business establishment or concern which, as a regular and substantial course of conduct, sells or distributes or offers for sale or distribution sexually oriented merchandise or sexually oriented material; or any other business establishment or concern which, as a regular and substantial course of conduct, offers to its patrons products, merchandise, services, or entertainment characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas. “Adult-oriented business” does not include those uses or activities, the regulation of which is preempted by state law.

Animal Sales and Grooming means retail sales of domestic and exotic animals, bathing and trimming services, and boarding of said animals for a maximum period of 72 hours, conducted entirely within an enclosed building with no outdoor use.

C.2.c
Packet Pg. 219 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center A-8 PA-1 SPECIFIC PLAN | APPENDIX A - GLOSSARY
Business Support Services means establishments primarily within buildings, providing other businesses with services such as maintenance, repair and service, testing, rental, etc. Support services include, but are not limited to:

1. Equipment repair services (except vehicle repair; see “Vehicle services”);

2. Commercial art and design (production);

3. Computer-related services (rental, repair);

4. Copying, quick printing, and blueprinting services (other than those defined as “Printing and publishing”);

5. Equipment rental businesses within buildings (rental yards are “storage yards”);

6. Film processing laboratories;

7. Heavy equipment repair services where repair occurs on the client site;

8. Janitorial services;

9. Mail advertising services (reproduction and shipping);

10. Mailbox services;

11. Outdoor advertising services; and

12. Photocopying and photofinishing.

Call Center means an office equipped to handle a large volume of calls, especially for taking orders or servicing customers.

Card and Gaming Room means a gambling establishment that offer card games for play by the public.

Check Cashing Business means an establishment that, for compensation, engages in the business of cashing checks, warrants, drafts, money orders, title cashing, or other commercial paper serving a similar purpose.

Also includes establishments primarily engaged in cashing payroll or personal checks for a fee or advancing funds on future checks. This classification does not include a state or federally chartered bank, savings association, credit union or similar financial institution (see “Financial Institutions”).

Commercial Lodging – Bed and Breakfast Inn means a residential structure with one family in permanent residence with up to five bedrooms rented for overnight lodging, where meals may be provided subject to applicable health department regulations. A bed and breakfast inn with more than five guest rooms is considered a hotel or motel and is included under the definition of “Hotels and motels.” Commercial Lodging – Hotels and Motels means facilities with guest rooms or suites, provided without kitchen facilities, rented to the general public for transient lodging (less than 30 days). Hotels provide access to most guest rooms from an interior walkway and typically include a variety of services in addition to lodging; for example, restaurants, meeting facilities, personal services, etc. Motels provide access to most guest rooms from an exterior walkway. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc.

Commercial Lodging – Hotels and Motels, Extended Stay means facilities with guest rooms or suites, provided with kitchen facilities, rented to the general public for transient lodging (less than 30 days) or for longer periods of time. Hotels provide access to most guest rooms from an interior walkway and typically include a variety of services in addition to lodging; for example, restaurants, meeting facilities, personal services, etc. Motels are prohibited and provide access to most guest rooms from an exterior walkway. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc.

C.2.c
Packet Pg. 220 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center PA-1 SPECIFIC PLAN | APPENDIX A - GLOSSARY A-9
Commercial Lodging – Short-Term Rentals means any lodging unit that is occupied or intended or designed to be occupied on a short-term basis other than a hotel, motel, or bed-and-breakfast inn.

Drive-In and Drive-Thru Facilities means facilities where food or other products may be purchased by motorists without leaving their vehicles. These facilities include fast-food restaurants, drive-through coffee, dairy products, photo stores, etc.

Eating and Drinking Establishments – Bars and Nightclubs means any bar, cocktail lounge, discotheque, or similar establishment, which may also provide live entertainment (e.g., music and/or dancing, comedy) in conjunction with alcoholic beverage sales. These facilities do not include bars that are part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. Bars and nightclubs may include outdoor food and beverage areas.

Eating and Drinking Establishments – Restaurant means a retail business selling food and beverages prepared and/or served on the site, for on- or off-premises consumption. Includes eating establishments where customers are served from a walk-up ordering counter for either on- or off-premises consumption and establishments where most customers are served food at tables for on-premises consumption, but may include providing food for take-out. May include the subordinate sale of alcoholic beverages for onpremises consumption. Also includes coffee houses and accessory cafeterias as part of office and industrial uses.

Eating and Drinking Establishments – Off-Site Tasting Room means a facility allowing beer, wine, or spirits tasting with on-site and off-site retail sales directly to the public (or shipped). The tasting room facility must be directly affiliated with a minimum of one brewery, winery, or distillery, meeting all applicable requirements of state and federal licensure. The tasting room may be operated as a standalone retail use.

Food preparation is not permitted. Pre-packaged foods may be sold on premises. Patrons may carry food on site for personal consumption. Tasting rooms must comply with the retail hours of operation of 10:00 a.m. to 10:00 p.m. On-site tasting rooms are included as an accessory use in “Artisanal and specialty manufacture, display and sales” or “Brewery, Distillery, Winery.” Any facilities not operating with these standards are considered “Eat and Drinking Establishments – Bars and Nightclubs.” Financial Institutions means banks, savings and loans, and similar businesses which offer a wide range of services including the deposit and withdrawal of money, loans, and other financial transactions. Check cashing services, pawnshops, automatic teller machines and other similar uses which conduct limited types of financial transactions are not defined as financial institutions.

Food and Beverage Stores – Convenience Store means easy-access retail stores of 5,000 square feet or less in gross floor area, which carry a range of merchandise oriented to convenience and travelers’ shopping needs. These stores may be part of a service station or an independent facility. Also see “Food and Beverage Stores – Neighborhood Market” and “Food and Beverage Stores – Grocery Store” for larger stores or stores oriented toward the daily shopping needs of residents.

Food and Beverage Stores – Grocery Store means a retail business of more than 15,000 square feet in size, where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the site of the store. These full-service businesses do not typically have limited hours of operation. See separate but related listings for “Food and Beverage Store – Neighborhood market” and “Food and Beverage – Convenience store.” C.2.c
Packet Pg. 221 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center A-10 PA-1 SPECIFIC PLAN | APPENDIX A - GLOSSARY
Food and Beverage Stores – Liquor Store means a retail establishment which has fifty (50%) percent or more of the shelving or gross floor area devoted to the public display and sale of alcoholic beverages for off-site consumption.

Food and Beverage Stores – Neighborhood Market means a pedestrian-oriented grocery/specialty market store offering food products packaged for preparation and consumption away from the site of the store and oriented to the daily shopping needs of surrounding residential areas. Neighborhood markets are more than 5,000 square feet and less than 15,000 square feet in size and operate less than 18 hours per day. For larger stores, see “Food and Beverage Store – Grocery Store.” Neighborhood markets may include deli or beverage tasting facilities that are ancillary to the market/grocery portion of the use.

Garden Centers and Retail/Wholesale Nurseries means establishments providing for the cultivation and sale of ornamental trees, shrubs, and plants, including the sale of garden and landscape materials (packaged and/or bulk sale of unpackaged materials) and equipment.

Mortuaries and Funeral Homes means funeral homes and parlors, where the deceased are prepared for burial or cremation and funeral services may be conducted.

Offices - Accessory means offices that are incidental and accessory to another business or sales activity that is the primary use (part of the same tenant space or integrated development). The qualification criteria for this definition is that the floor area of the accessory office use shall not exceed 50 percent of the total net habitable or leasable floor area of the tenant space for a single-use development or the combined floor area of an integrated development for a mixed-use project.

Offices - Building Trade Contractors means the business offices of a contractor whose principal business is in connection with any structure built, being built, or to be built (general contractors, etc.).

Offices - Business and Professional means offices of administrative businesses providing direct services to consumers (e.g., insurance companies, utility companies), government agency and service facilities (e.g., post office, civic center), professional offices (e.g., accounting, attorneys, employment, public relations), and offices engaged in the production of intellectual property (e.g., advertising, architectural, computer programming, photography studios). This use does not include medical offices (see “Medical Services – General”) or offices that are incidental and accessory to another business or sales activity that is the primary use (see “Offices – Accessory”). Outdoor storage of materials is prohibited.

Personal Services means establishments providing nonmedical services as a primary use, including, but not limited to, barber and beauty shops, clothing rental, dry cleaning pick-up stores with limited equipment, home electronics and small appliance repair, laundromats (self-service laundries), shoe repair shops, and tailors. These uses may also include accessory retail sales of products related to the services provided, spas and hot tubs for rent, and tanning salons.

Retail – Accessory means the retail sales of various products (including food service) in a store or similar facility that is located within a health care, hotel, office, or industrial complex. These uses include but are not limited to pharmacies, gift shops, and food service establishments within hospitals, and convenience stores and food service establishments within hotel, office, and industrial complexes. This use category also includes retail associated with industrial uses for the products sold, distributed, or manufactured on site.

Retail – General means stores and shops selling multiple lines of merchandise. These stores and lines of merchandise include but are not limited to art galleries, bakeries (all production in support of on-site sales), clothing and accessories, collectibles, department stores, drug and discount stores, dry goods, fabrics and C.2.c
Packet Pg. 222 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center PA-1 SPECIFIC PLAN | APPENDIX A - GLOSSARY A-11
sewing supplies, florists and houseplant stores (indoor sales only; outdoor sales are plant nurseries and included in the definition of “Garden Centers and Retail/Wholesale Nurseries”), furniture, home furnishings and equipment, general stores, gift shops, hardware, hobby materials, musical instruments, parts and accessories, newsstands, pet supplies, specialty shops, sporting goods and equipment, stationery, and variety stores.

Retail – General, Large Format means stores that are one hundred fifty thousand (150,000) square feet or larger with less than ten (10%) percent of the total sales floor area dedicated to nontaxable goods.

Specialized Retail – Artisan Shop means retail stores selling art, glass, ceramics, jewelry, and other handcrafted items, where the facility includes an area for the crafting of the items being sold.

Specialized Retail – Building Material Stores and Yards means retail establishments selling lumber and other large building materials, where most display and sales occur indoors. Includes stores selling to the general public, even if contractor sales account for a major proportion of total sales. Includes incidental retail readymix concrete operations, except where excluded by a specific zoning district. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in “Wholesale and Distribution.” Hardware stores are listed in the definition of “Retail – General,” even if they sell some building materials. Also see “Home improvement supplies” for smaller specialty stores.

Specialized Retail – Consignment Store means an exclusively indoor retail establishment whose primary service is to receive a new or used retail product from a second party who entrusts the establishment to reimburse the second party, or trustee, upon the sale of the consigned retail product.

Specialized Retail – Equipment Sales and Rentals means service establishments with outdoor storage/rental yards, which may offer a wide variety of materials and equipment for rental (e.g., construction equipment).

Specialized Retail – Furniture, Furnishings, and Appliance Stores means stores engaged primarily in selling the following products and related services, including incidental repair services: draperies, floor coverings, furniture, glass and chinaware, home appliances, home furnishings, home sound systems, interior decorating materials and services, large musical instruments, lawn furniture, moveable spas and hot tubs, office furniture, other household electrical and gas appliances, outdoor furniture, refrigerators, stoves, and televisions.

Specialized Retail – Pawn Shop means any room, store, building, or other place in which the business of pawn brokering, or the business of lending money upon personal property, pawns or pledges, or the business of purchasing articles from vendors or their assignees at prices agreed upon at or before the time of such purchase, is engaged in, carried on, or conducted.

Specialized Retail – Smoke Shop means an establishment selling smoking, drug, and/or traditional or electronic tobacco paraphernalia or products where 15 percent or more of the total floor or shelf area is devoted to selling tobacco products. Limited sales of tobacco products that commonly occur within convenience stores or service stations are not included in this definition. Smoking shall be prohibited within all smoke shops, unless the establishment has been formally permitted to operate a private smokers’ lounge under applicable state and local laws.

Specialized Retail – Thrift Store means a retail establishment selling secondhand goods donated by members of the public.

C.2.c
Packet Pg. 223 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center A-12 PA-1 SPECIFIC PLAN | APPENDIX A - GLOSSARY
Tattoo Parlor means an establishment that engages in the business of tattooing and/or branding human beings.

AUTOMOBILE-RELATED USE LISTINGS
Auto and Vehicle Sales Showroom means retail establishments offering auto and vehicle showroom services in an indoor setting. May also include minor repair shops and the sales of parts and accessories, incidental to vehicle showroom. It does not include the sale of auto parts/accessories separate from a vehicle dealership (see “Auto Parts Sales”), bicycle and moped sales (see “Retail – General”), tire recapping establishments (see “Vehicle Services – Major”), or “Service Station,” all of which are separately defined.

Auto Parts Sales means stores that sell new automobile parts, tires, and accessories. May also include minor parts installation (see “Vehicle services – Minor”). Does not include tire recapping establishments, which are found under “Vehicle services – major” or businesses dealing exclusively in used parts.

Car Washing and Detailing means permanent, drive-through, self-service, and/or attended car washing establishments, including fully mechanized facilities. May include detailing services. Temporary car washes (e.g., fundraising activities generally conducted at a service station or other automotive-related business, where volunteers wash vehicles by hand, and the duration of the event is limited to one day) are not part of this use classification.

Ride Share Services means a company or service that, via websites and mobile apps, matches passengers with drivers of private vehicles for hire that, unlike taxicabs, cannot legally be hailed from the street. This may also be referred to as a transportation network company (TNC) or ride-hailing service. Common examples include, but are not limited to, Uber and Lyft.

Service Station- Stand Alone means a retail business selling gasoline or other motor vehicle fuels as the primary onsite activity, and not attached to or otherwise part of a large-format retail establishment. Vehicle services which are incidental to fuel services are included under “Vehicle services – Minor.” Service Station- Accessory to General - Large Format Retailer means a retail business selling gasoline or other motor vehicle fuels as a secondary operation at a business whose primary operations include large format retail sales. For the purposes of this definition, Large Format Retail means stores that are fifty thousand (50,000) square feet or larger.

Vehicle Services – Minor means minor facilities that specialize in limited aspects of repair and maintenance (e.g., muffler and radiator shops, quick-lube, smog check). Does not include repair shops that are part of a vehicle dealership on the same site or automobile dismantling yards.

INDUSTRIAL, MANUFACTURING, AND PROCESSING USE LISTINGS
Agricultural Products Processing means the act of changing an agricultural crop, subsequent to its harvest, from its natural state to the initial stage of processing of that crop in order to prepare it for market or further processing at an off-site location. Examples of this processing include nut hulling and shelling, bean C.2.c
Packet Pg. 224 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center PA-1 SPECIFIC PLAN | APPENDIX A - GLOSSARY A-13
cleaning, corn shelling and sorting, grape sorting and crushing, primary processing of fruits to juice and initial storage of the juice, without fermentation, cleaning and packing of fruits.

Artisanal and Specialty Manufacture, Display, and Sales means the manufacture, display, and sales of specialty food and goods requiring the transformation of raw materials into products that may be edible, useful, or decorative. Outdoor display, sales and consumption on premises may be included subject to zoning and accessibility requirements, and any other state or local regulations such as, but not limited to, the California Uniform Food Facilities Law (CURFFL). This listing includes craft breweries, small scale winery production facilities, and craft distilleries. Such facilities manufacture alcoholic beverages with an annual production of less than 15,000 barrels of beer or 15,000 gallons of wine or spirits respectively. Incidental to the manufacturing process, a tasting area not to exceed 50 percent of the floor area is allowed. Tasting rooms must comply with retail hours of operation from 10:00 a.m. to 10:00 p.m. Tasting shall follow all guidelines established and enforced by Alcoholic Beverage Control (ABC). All manufacturing activities occur within a completely enclosed building or in an outdoor work area screened from view. Off-site sales of alcoholic beverages are allowed at this facility consistent with regulations of ABC licensure. Prior to occupancy, all craft breweries, wineries, or distilleries shall provide evidence of acquisition of all required state and federal permits. See also “Tasting room, off-site.” Breweries, Distilleries, and Wineries means a facility where specific alcoholic beverages are manufactured, with an annual production of 15,000 barrels or more of beer or 15,000 gallons or more of wine or spirits.

Incidental to the manufacturing process, a tasting area not to exceed 50 percent of the floor area is allowed.

Tasting rooms must comply with retail hours of operation from 10:00 a.m. to 10:00 p.m. Tasting shall follow all guidelines established and enforced by Alcoholic Beverage Control. All manufacturing activities occur within a completely enclosed building or in an outdoor work area screened from view. Off-site sales of alcoholic beverages are allowed at this facility consistent with regulations of ABC licensure. Prior to occupancy, all breweries, wineries, or distilleries shall provide evidence of acquisition of all required state and federal permits.

Freight Yard/Truck Terminal means transportation establishments furnishing services incidental to air, motor freight, and rail transportation including freight forwarding services, freight terminal facilities, joint terminal and service facilities, packing, crating, inspection, and weighing services, postal service bulk mailing distribution centers, transportation arrangement services, truck repair, truck terminals, and trucking facilities including transfer and storage.

Manufacturing – Major means manufacturing, fabrication, processing, and assembly of materials in a raw form. Uses in this category typically create greater than usual amounts of smoke, gas, odor, dust, sound, or other objectionable influences that might be obnoxious to persons on an adjacent site. Uses include but are not limited to batch plants, rendering plants, aggregate processing facilities, plastics and rubber products manufacturing, chemical product manufacturing, lumber and wood product manufacturing, petroleum refining, and pulp and pulp product industries.

Manufacturing – Minor means manufacturing, fabrication, processing, and assembly of materials from parts that are already in processed form and that, in their maintenance, assembly, manufacture, or plant operation, do not create excessive amounts of smoke, gas, odor, dust, sound, or other objectionable influences that might be obnoxious to persons conducting business on-site or on an adjacent site. Uses include but are not limited to cabinetry and furniture manufacturing, food and beverage manufacturing, C.2.c
Packet Pg. 225 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center A-14 PA-1 SPECIFIC PLAN | APPENDIX A - GLOSSARY
machinery assembly, paper product manufacturing, product assembly and distribution, and vehicle and boat assembly.

Manufacturing – Small Scale means establishments manufacturing and/or assembling small products primarily by hand, including but not limited to jewelry, pottery and other ceramics, as well as small glass and metal art and craft products.

Printing and Publishing means establishments engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying; and other establishments serving the printing trade including bookbinding, typesetting, engraving, photoengraving, and electrotyping. This use also includes establishments that publish newspapers, books and periodicals; establishments manufacturing business forms and binding devices. Does not include “quick printing” services or desktop publishing which are included in “Business Support Services.”
Recycling Facility – Collection means a recycling facility used for the acceptance by donation, redemption, or purchase of recyclable materials from the public that does not occupy more than 500 square feet. This classification may include a mobile unit, kiosk-type units that may include permanent structures, and unattended containers placed for the donation of recyclable materials. This also includes so-called “reverse vending machines,” an automated mechanical device that accepts one or more types of empty beverage containers including, but not limited to, aluminum cans, glass bottles and plastic bottles, and issues a cash refund or a redeemable credit slip with value of not less than the container’s redemption value as determined by the state.

Research and Development means indoor facilities for scientific research, and the design, development, and testing of electrical, electronic, magnetic, optical, and mechanical components in advance of product manufacturing, that are not associated with a manufacturing facility on the same site. Includes but is not limited to chemical and biotechnology research and development. Does not include computer software companies (see “Offices – Business and Professional”), soils and other materials testing laboratories (see “Business Support Services”), or medical laboratories (see “Medical Services – General”). Does not include medical or recreational marijuana (cannabis) research facilities.

Storage – Warehouse means a facility for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include warehouse, storage, or mini-storage facilities offered for rent or lease to the general public (see “Storage, Self-Service (Personal)”) or warehouse facilities in which the primary purpose of storage is for wholesaling and distribution (see “Wholesale and Distribution”).

Storage – Yard means the storage of various materials outside of a structure other than fencing, either as an accessory or principal use.

Wholesale and Distribution means a building or premises in which the primary purpose is to store, receive, ship, or wholesale goods, merchandise or equipment for eventual distribution and may include office and maintenance areas. A warehouse or distribution center includes 3 or more loading bays, or is expected to have more than 150 truck trips per day. For the purpose of these Guidelines, a warehouse and distribution center is not intended to include warehouse stores that sell retail goods, merchandise or equipment, or storage and mini-storage facilities that are offered for rent or lease to the general public. Wholesale and distribution may also be known as “Fulfillment and/or Logistics.” C.2.c
Packet Pg. 226 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center PA-1 SPECIFIC PLAN | APPENDIX A - GLOSSARY A-15

GENERAL DEFINITIONS
Bike Box refers to a designated area at the head of a traffic lane at a signalized intersection that provides bicyclists with a safe and visible way to get ahead of queuing traffic during the red signal phase.

Bike Share Program refers to a service that provides users with the ability to pick up a bicycle at any selfserve bike-station, typically for a rental fee, and return it to any other bike station located within the system's service area. Bike share programs differ from traditional bicycle rental services in that they are typically used for short, spontaneous trips that are often combined with other transportation modes (e.g. transit).

Bollard refers to a sturdy, short, vertical post that is installed, typically in combination with other bollards, to define pedestrian spaces and control road traffic.

Bulbout refers to a raised curb extension that narrow the travel lane at intersections or midblock locations and reduces the curb radii at intersections. The device increases pedestrian safety and comfort by reducing the street crossing distance and vehicle speeds, and by making pedestrians approaching street crossing more visible to drivers.

Building Frontage refers to the requirement that some portion of a project’s primary building’s (or buildings’) front and street side yard facades be placed along the corresponding property lines to ensure that the building(s) frame the adjoining street and/or pedestrian spaces, creating a pedestrian-scaled urban form.

Building Separation refers to the separation of multiple buildings on a single parcel to achieve pedestrianscaled streets (paseos) and public spaces on larger parcels that feature consolidated development.

Building Height is measured as the vertical distance from the natural grade of the site to an imaginary plane located at the allowed number of feet above and parallel to the grade. Building heights convey the intensity and scale of structures and impact the feeling of enclosure within the streetscape.

Chicanes refers to a series of curb extensions, typically landscaped, that alternate from one side of the street to the other, forming S-shaped curves that require vehicles to slow down.

Circulation System, Conceptual refers to the roadways that will be constructed by private development to provide motorists, bicyclists, and pedestrians with access from the primary circulation system’s roadways and the existing roadways that boarder the Specific Plan area to individual parcels and sites. It is anticipated that the system will be constructed incrementally overtime as development occurs.

Circulation System, Primary refers to the arterial- and collector-level roadways that will be constructed by the City to provide motorists, bicyclists, and pedestrians with access into greenfield portions of the Specific Plan area.

Dark Sky is the practice of limiting night-time lighting, or light pollution, to make stars more visible at night, reduce the effects of unnatural lighting on the environment, and cut down on energy usage.

Density refers to the intensity of residential development. It is obtained by dividing the number of dwelling units on a parcel or within a project by the gross acreage.

Encroachment is where a portion of a building extends beyond the required setbacks. Encroachments can occur within and in some cases in the public right-of-way beyond a parcel’s property lines.

C.2.c
Packet Pg. 227 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center A-16 PA-1 SPECIFIC PLAN | APPENDIX A - GLOSSARY
Energy Dissipater refers to a device that is designed to protect downstream areas from erosion by reducing the velocity of flow to acceptable limits.

Fenestration refers to the arrangement of openings, comprising of doors and windows, on the walls of a building.

Floor Area Ratio (FAR)refers to the intensity of non-residential development. FAR expresses the relationship between the amount of useable floor area permitted in a building (or buildings) and the area of the lot on which the building stands. It is obtained by dividing the gross floor area of a building by the total area of the lot. FAR is usually expressed as a decimal fraction (for example, 0.5 or 2.0).

Ground Floor Façade Transparency refers to the arrangement of fenestration on ground floor building elevations facing streets and public spaces, expressed as a percentage of the elevation’s area, to achieve a “storefront” design that provides visual access through the building and activates the surrounding streetscape.

Ground Floor Tenant Depth refers to the tenant space depth required to achieve desirable retail, restaurant, and commercial spaces that support vertical mixed-use development. The standard is measured as the horizontal distance from the front of the space, usually coinciding with an elevation that faces a street or public space, to the rear of the space.

Infrastructure System, Conceptual refers to the utility infrastructure, including water and wastewater pipes, stormwater facilities, and gas lines, that will be installed within the conceptual circulation system’s roadway rights-of-way.

Infrastructure System, Primary refers to the utility infrastructure, including water and wastewater pipes, stormwater facilities, and gas lines, that will be installed within the primary circulation system’s roadway rights-of-way.

Intelligent Transportation System (ITS) refers to an advanced application which, without embodying intelligence as such, aims to provide innovative services relating to different modes of transport and traffic management and enable various users to be better informed and make safer, more coordinated, and 'smarter' use of transport networks.

Low Impact Development refers to site planning and design that manages stormwater runoff as part of green infrastructure.

Modified Grid System: A layout of streets that are curved slightly to produce the illusion of varied setbacks while maintaining the integrated grid pattern. This form of street layout also narrows the line-of-sight for drivers and encourages them to slow down.

Parklet refers to a sidewalk extension that provides more space and amenities for people using the street.

Usually parklets are installed on parking lanes and use several parking spaces. Parklets typically extend out from the sidewalk at the level of the sidewalk to the width of the adjacent parking space.

Passive Ventilation is a natural ventilation system that makes use of natural forces, such as wind and thermal buoyancy, to circulate air to and from indoor spaces
Pedestrian Scale refers to the use of human proportioned architectural features and site design elements clearly oriented to pedestrian activity. Such elements are typically smaller in scale and more proportional C.2.c
Packet Pg. 228 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center PA-1 SPECIFIC PLAN | APPENDIX A - GLOSSARY A-17
to the human body, rather than monumental or large scale, and include surface texture and patterns, lighting, colors, materials, and architectural details.

Projections refer to portion of a building that may extend above the maximum building height.

Setback refer to the mandatory distance from the property line that the wall of a building must be constructed. Setbacks directly impact the character and activity along the adjacent sidewalk. A consistent front setback is desirable in pedestrian-oriented environments. Rear and side setbacks vary according to land use district.

Solar Orientation refers to siting and orientation of a building and the positioning of its windows, rooflines, and other architectural elements to take advantage of passive and active solar strategies. Passive solar strategies use energy from the sun to heat and illuminate buildings. Building orientation and building materials also facilitate temperature moderation and natural daylighting. Active solar systems use solar collectors and additional electricity to power pumps or fans to distribute the sun's energy.

Stepback refers to the receding of a building’s upper story facades from its lower story facades. The concept reduces the perceived height of multiple story buildings, creating a more intimate, pedestrian-scaled development pattern, provides opportunities for balconies, and limits the presence of wind corridors.

C.2.c
Packet Pg. 229 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center A
-18 PA-1 SPECIFIC PLAN | APPENDIX A - GLOSSARY
This page left intentionally blank
C.2.c
Packet Pg. 230 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center PA-1 SPECIFIC PLAN | APPENDIX A - GLOSSARY A-3

USE DEFINITIONS

RESIDENTIAL USE LISTINGS
Dwelling – Accessory means or “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a parcel with a proposed or existing primary dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined in Section 17958.1 of the California Health and Safety Code; and b. A manufactured home, as defined in Section 18007 of the California Health and Safety Code. an additional dwelling unit constructed or adapted within, onto or detached from an existing dwelling unit on a single-family residential lot. A secondary housing unit must have complete independent living facilities for living, sleeping, eating, cooking and sanitation, and be developed in accordance with The definition of an accessory dwelling unit is established by Brentwood Municipal Code (BMC) Section 17.100.005. In the event that BMC Section 17.100.005 is updated or revised, that revised language shall govern and dictate the definition of accessory dwelling unit.

Dwelling – Multiple-Family means a building or portion thereof designed for and/or used exclusively for residence purposes by two or more families households living independently of one another to include the terms duplex, triplex, fourplex, apartment, and condominium.

Dwelling – Single-Family means an attached or detached building designed for and/or used exclusively for residence purposes by one familyhousehold.

Live-Work Unit means a structure or portion of a structure:

2. Where the resident owner or employee of the business is responsible for the commercial or manufacturing activity performed; and

3. Where the commercial or manufacturing activity conducted takes place subject to a valid business license associated with the premises.

Supportive Housing means housing with no limit on length of stay, that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or hertheir health status, and maximizing his or her their ability to live and, when possible, work in the community. Supportive housing is considered a residential use and is subject only to the restrictions and standards that apply to other residential dwellings of the same type (e.g., single-family residence(s) or multifamily development) in the same designation. Examples of supportive housing include single site apartment buildings and/or townhouses owned by nonprofit landlords, subsidized units within market rate apartment complexes, and apartments leased from private landlords using a rental subsidy.

Formatted: Indent: Left: 0.31", Hanging: 0.19"
C.2.c
Packet Pg. 231 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center A-4 PA-1 SPECIFIC PLAN | APPENDIX A - GLOSSARY
Transitional Housing means temporary housing for the certain segments of the homeless population, including working homeless making insufficient wages who have trouble affording long-term housing, and is set up to transition their residents into permanent, affordable housing. It is not in an emergency homeless shelter but usually a room or apartment in a residence with support services.

HUMAN SERVICES USE LISTINGS
Day Care Center, Adults means a facility of any capacity that provides care and other services in a group setting to adults during a portion of the day.

Medical Services – Ambulance Service means emergency medical care and transportation, including incidental storage and maintenance of vehicles.

Convalescent homes, nursing homes, and similar facilities providing medical care are included under the definition of “Medical Services – Extended Care.”
Residential Care Facility – Small means, consistent with the definitions of state law, a home that provides 24-hour nonmedical care for six or fewer persons 18 years of age or older, or emancipated minors, with chronic, life-threatening illness in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living or for the protection of the individual. This Formatted: Font: Not Bold
C.2.c
Packet Pg. 232 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center PA
-1 SPECIFIC PLAN | APPENDIX A - GLOSSARYA-5
classification includes, but is not limited to, rest homes, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the state of California.

Convalescent homes, nursing homes, and similar facilities providing medical care are included under the definition of “Medical services – Extended Care.”

URBAN AGRICULTURE AND ANIMAL-RELATED USE LISTINGS
Community Garden means a site used for growing plants for food, fiber, herbs, or flowers, which is shared and maintained by city residents.

Domestic Animal Keeping means small animals (no larger than the largest breed of dogs) customarily kept as pets within a dwelling unit. This classification includes dogs, cats, fish, and birds (excluding large tropical birds and poultry).- See BMC 17.670 et seq.

Urban Agriculture Stand means a temporary produce stand that is accessory to a Market Garden.

INSTITUTIONAL USE LISTINGS
Churches and Religious Institutions means facilities operated by religious organizations for worship or the promotion of religious activities (e.g., churches, mosques, synagogues, temples) and accessory uses on the same site (e.g., living quarters for ministers and staff, child day care facilities which were authorized in conjunction with the primary use). Other establishments maintained by religious organizations, such as full- time educational institutions, hospitals, and other potentially related operations (e.g., recreational camp), are classified according to their respective activities.

C.2.c
Packet Pg. 233 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center A-6 PA-1 SPECIFIC PLAN | APPENDIX A - GLOSSARY
Cultural Institutions means public or quasi-public facilities including aquariums, arboretums, art exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, and planetariums, which are generally noncommercial in nature.

Farmers’ Market means a periodic or weekly event where fresh produce, flowers, crafts, and other items are sold by independent vendors. Typically held outside.

Indoor Fitness and Sports Facility means predominantly participant sports and health activities conducted entirely within an enclosed building. Typical uses include ice/roller skating rinks, indoor racquetball courts, indoor climbing facilities, soccer areas, athletic clubs, and health clubs. This use does not include special studios not a part of an athletic or health club (e.g., karate studio, dance studio, etc.).

Theaters and Auditoriums means indoor facilities for public assembly and group entertainment, other than sporting events (e.g., civic theaters, facilities for “live” theater and concerts, exhibition and convention halls, motion picture theaters, auditoriums). Does not include outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events; see “Outdoor Recreation/Entertainment Facilities.”
Formatted: Font: Bold
C.2.c
Packet Pg. 234 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center PA
-1 SPECIFIC PLAN | APPENDIX A - GLOSSARYA-7

UTILITY, TRANSPORTATION, AND COMMUNICATION USE LISTINGS Broadcasting and Recording Studio means commercial and public communications uses including radio and television broadcasting and receiving stations and studios, with facilities entirely within buildings. Does not include transmission and receiving apparatus such as antennas and towers, which are under the definition of “Telecommunication facility.”
Bus and Transit Shelter means a small structure designed for the protection and convenience of waiting transit passengers and that has a roof and usually two or three sides.

Park and Ride Facility means a designated area where a vehicle may be left in order to carpool with other commuters or to ride public transit.

Transit Facility means maintenance and service centers for the vehicles operated in a mass transportation system. Includes buses, taxis, railways, etc.

Utility Facilities and Infrastructure includes the following:

These uses do not include office or customer service centers (classified in “Offices - Accessory”) or equipment and material storage yards.

COMMERCIAL USE LISTINGS
Adult Oriented Business means any business establishment or concern which, as a regular and substantial course of conduct, operates as an adult arcade, adult bookstore, adult cabaret, adult dance studio, adult hotel/motel, adult modeling studio, adult theater; any business establishment or concern which, as a regular and substantial course of conduct, sells or distributes or offers for sale or distribution sexually oriented merchandise or sexually oriented material; or any other business establishment or concern which, as a regular and substantial course of conduct, offers to its patrons products, merchandise, services, or entertainment characterized by an emphasis on matters depicting, describing, or relating to specified C.2.c
Packet Pg. 235 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center A
-8 PA-1 SPECIFIC PLAN | APPENDIX A - GLOSSARY
sexual activities or specified anatomical areas. “Adult-oriented business” does not include those uses or activities, the regulation of which is preempted by state law.

Business Support Services means establishments primarily within buildings, providing other businesses with services such as maintenance, repair and service, testing, rental, etc. Support services include, but are not limited to:

1. Equipment repair services (except vehicle repair; see “Vehicle services”);

2. Commercial art and design (production);

3. Computer-related services (rental, repair);

4. Copying, quick printing, and blueprinting services (other than those defined as “Printing and publishing”);

5. Equipment rental businesses within buildings (rental yards are “storage yards”);

6. Film processing laboratories;

7. Heavy equipment repair services where repair occurs on the client site;

8. Janitorial services;

9. Mail advertising services (reproduction and shipping);

10. Mailbox services;

11. Outdoor advertising services; and

12. Photocopying and photofinishing.

Call Center means an office equipped to handle a large volume of calls, especially for taking orders or servicing customers.

Card and Gaming Room means a gambling establishment that offer card games for play by the public.

C.2.c
Packet Pg. 236 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center PA
-1 SPECIFIC PLAN | APPENDIX A - GLOSSARYA-9
Commercial Lodging – Hotels and Motels, Extended Stay means facilities with guest rooms or suites, provided with kitchen facilities, rented to the general public for transient lodging (less than 30 days) or for longer periods of time. Hotels provide access to most guest rooms from an interior walkway and typically include a variety of services in addition to lodging; for example, restaurants, meeting facilities, personal services, etc. Motels are prohibited and provide access to most guest rooms from an exterior walkway. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc.

Commercial Lodging – Short-Term Rentals means any lodging unit that is occupied or intended or designed to be occupied on a short-term basis other than a hotel, motel, or bed-and-breakfast inn.

Eating and Drinking Establishments – Restaurant means a retail business selling food and beverages prepared and/or served on the site, for on- or off-premises consumption. Includes eating establishments where customers are served from a walk-up ordering counter for either on- or off-premises consumption and establishments where most customers are served food at tables for on-premises consumption, but may include providing food for take-out. May include the subordinate sale of alcoholic beverages for on- premises consumption. Also includes coffee houses and accessory cafeterias as part of office and industrial uses.

Food and Beverage Stores – Convenience Store means easy-access retail stores of 5,000 square feet or less in gross floor area, which carry a range of merchandise oriented to convenience and travelers’ shopping needs. These stores may be part of a service station or an independent facility. Also see “Food and Beverage C.2.c
Packet Pg. 237 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center A
-10 PA-1 SPECIFIC PLAN | APPENDIX A - GLOSSARY
Stores – Neighborhood Market” and “Food and Beverage Stores – Grocery Store” for larger stores or stores oriented toward the daily shopping needs of residents.

Food and Beverage Stores – Grocery Store means a retail business of more than 15,000 square feet in size, where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the site of the store. These full-service businesses do not typically have limited hours of operation. See separate but related listings for “Food and Beverage Store – Neighborhood market” and “Food and Beverage – Convenience store.” Food and Beverage Stores – Liquor Store means a retail establishment which has fifty (50%) percent or more of the shelving or gross floor area devoted to the public display and sale of alcoholic beverages for off-site consumption.

Mortuaries and Funeral Homes means funeral homes and parlors, where the deceased are prepared for burial or cremation and funeral services may be conducted.

Offices - Accessory means offices that are incidental and accessory to another business or sales activity that is the primary use (part of the same tenant space or integrated development). The qualification criteria for this definition is that the floor area of the accessory office use shall not exceed 50 percent of the total net habitable or leaseableleasable floor area of the tenant space for a single-use development or the combined floor area of an integrated development for a mixed-use project.

C.2.c
Packet Pg. 238 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center PA
-1 SPECIFIC PLAN | APPENDIX A - GLOSSARYA-11
Retail – Accessory means the retail sales of various products (including food service) in a store or similar facility that is located within a health care, hotel, office, or industrial complex. These uses include but are not limited to pharmacies, gift shops, and food service establishments within hospitals, and convenience stores and food service establishments within hotel, office, and industrial complexes. This use category also includes retail associated with industrial uses for the products sold, distributed, or manufactured on site.

Retail – General means stores and shops selling multiple lines of merchandise. These stores and lines of merchandise include but are not limited to art galleries, bakeries (all production in support of on-site sales), clothing and accessories, collectibles, department stores, drug and discount stores, dry goods, fabrics and sewing supplies, florists and houseplant stores (indoor sales only; outdoor sales are plant nurseries and included in the definition of “Garden Centers and Retail/Wholesale Nurseries”), furniture, home furnishings and equipment, general stores, gift shops, hardware, hobby materials, musical instruments, parts and accessories, newsstands, pet supplies, specialty shops, sporting goods and equipment, stationery, and variety stores.

Specialized Retail – Building Material Stores and Yards means retail establishments selling lumber and other large building materials, where most display and sales occur indoors. Includes stores selling to the general public, even if contractor sales account for a major proportion of total sales. Includes incidental retail ready- mix concrete operations, except where excluded by a specific zoning district. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in “Wholesale and Distribution.” Hardware stores are listed in the definition of “Retail – General,” even if they sell some building materials. Also see “Home improvement supplies” for smaller specialty stores.

Specialized Retail – Smoke Shop means an establishment selling smoking, drug, and/or traditional or electronic tobacco paraphernalia or products where 15 percent or more of the total floor or shelf area is C.2.c
Packet Pg. 239 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center A-12 PA-1 SPECIFIC PLAN | APPENDIX A - GLOSSARY
devoted to selling tobacco products. Limited sales of tobacco products that commonly occur within convenience stores or service stations are not included in this definition. Smoking shall be prohibited within all smoke shops, unless the establishment has been formally permitted to operate a private smokers’ lounge under applicable state and local laws.

Specialized Retail – Thrift Store means a retail establishment selling secondhand goods donated by members of the public.

Tattoo Parlor means an establishment that engages in the business of tattooing and/or branding human beings.

AUTOMOBILE-RELATED USE LISTINGS
Auto and Vehicle RentalSales Showroom means retail establishments selling and/or renting automobiles, trucks, and vansoffering auto and vehicle showroom services in an indoor setting. This use listing includes the sales and rental of mobile homes, recreation vehicles, and boats. May also include minor repair shops and the sales of parts and accessories, incidental to vehicle dealershipsshowroom. It does not include the sale of auto parts/accessories separate from a vehicle dealership (see “Auto Parts Sales”), bicycle and moped sales (see “Retail – General”), tire recapping establishments (see “Vehicle Services – Major”), or “Service Station,” all of which are separately defined.

Vehicle Services – Major means the repair, alteration, restoration, towing, painting, cleaning (e.g., selfservice and attended car washes), or finishing of automobiles, trucks, recreational vehicles, boats, and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes major repair and body work repair facilities dealing with entire vehicles; Formatted: Font: Bold
Formatted: Font: Bold
Formatted: Font: 11 pt, Bold
C.2.c
Packet Pg. 240 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center PA-1 SPECIFIC PLAN | APPENDIX A - GLOSSARY A-13
such establishments typically provide towing, collision repair, other body work, and painting services and may also include tire recapping establishments.

INDUSTRIAL, MANUFACTURING, AND PROCESSING USE LISTINGS
Agricultural Products Processing means the act of changing an agricultural crop, subsequent to its harvest, from its natural state to the initial stage of processing of that crop in order to prepare it for market or further processing at an off-site location. Examples of this processing include nut hulling and shelling, bean cleaning, corn shelling and sorting, grape sorting and crushing, primary processing of fruits to juice and initial storage of the juice, without fermentation, cleaning and packing of fruits.

Incidental to the manufacturing process, a tasting area not to exceed 50 percent of the floor area is allowed.

Manufacturing – Major means manufacturing, fabrication, processing, and assembly of materials in a raw form. Uses in this category typically create greater than usual amounts of smoke, gas, odor, dust, sound, or Formatted: Keep with next
C.2.c
Packet Pg. 241 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center A
-14 PA-1 SPECIFIC PLAN | APPENDIX A - GLOSSARY
other objectionable influences that might be obnoxious to persons on an adjacent site. Uses include but are not limited to batch plants, rendering plants, aggregate processing facilities, plastics and rubber products manufacturing, chemical product manufacturing, lumber and wood product manufacturing, petroleum refining, and pulp and pulp product industries.

Manufacturing – Minor means manufacturing, fabrication, processing, and assembly of materials from parts that are already in processed form and that, in their maintenance, assembly, manufacture, or plant operation, do not create excessive amounts of smoke, gas, odor, dust, sound, or other objectionable influences that might be obnoxious to persons conducting business on-site or on an adjacent site. Uses include but are not limited to cabinetry and furniture manufacturing, food and beverage manufacturing, machinery assembly, paper product manufacturing, product assembly and distribution, and vehicle and boat assembly.

C.2.c
Packet Pg. 242 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center PA-1 SPECIFIC PLAN | APPENDIX A - GLOSSARY A-15
Storage – Yard means the storage of various materials outside of a structure other than fencing, either as an accessory or principal use.

Wholesale and Distribution means establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes such establishments as agents, merchandise or commodity brokers, and commission merchants, assemblers, buyers and associations engaged in the cooperative marketing of farm products, merchant wholesalers, and stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment.

Bollard refers to a sturdy, short, vertical post that is installed, typically in combination with other bollards, to define pedestrian spaces and control road traffic.

Chicanes refers to a series of curb extensions, typically landscaped, that alternate from one side of the street to the other, forming S-shaped curves that require vehicles to slow down.

Formatted: Not Highlight
C.2.c
Packet Pg. 243 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center A
-16 PA-1 SPECIFIC PLAN | APPENDIX A - GLOSSARY
Circulation System, Conceptual refers to the roadways that will be constructed by private development to provide motorists, bicyclists, and pedestrians with access from the primary circulation system’s roadways and the existing roadways that boarder the Specific Plan area to individual parcels and sites. It is anticipated that the system will be constructed incrementally overtime as development occurs.

Density refers to the intensity of residential development. It is obtained by dividing the number of dwelling units on a parcel or within a project by the gross acreage.

Encroachment is where a portion of a building extends beyond the required setbacks. Encroachments can occur within and in some cases in the public right-of-way beyond a parcel’s property lines.

Energy Dissipater refers to a device that is designed to protect downstream areas from erosion by reducing the velocity of flow to acceptable limits.

Fenestration refers to the arrangement of openings, comprising of doors and windows, on the walls of a building.

C.2.c
Packet Pg. 244 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center PA
-1 SPECIFIC PLAN | APPENDIX A - GLOSSARYA-17
Low Impact Development refers to site planning and design that manages stormwater runoff as part of green infrastructure.

Parklet refers to a sidewalk extension that provides more space and amenities for people using the street.

Passive Ventilation is a natural ventilation system that makes use of natural forces, such as wind and thermal buoyancy, to circulate air to and from indoor spaces
Pedestrian Scale refers to the use of human proportioned architectural features and site design elements clearly oriented to pedestrian activity. Such elements are typically smaller in scale and more proportional to the human body, rather than monumental or large scale, and include surface texture and patterns, lighting, colors, materials, and architectural details.

Projections refer to portion of a building that may extend above the maximum building height.

C.2.c
Packet Pg. 245 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center A
-18 PA-1 SPECIFIC PLAN | APPENDIX A - GLOSSARY
This page left intentionally blank
C.2.c
Packet Pg. 246 Attachment: PA-1 Chapter 4 Land Use and Appendix A Definitions - August 9 2022 Revisions (2779 : PA-1 Public Hearing Innovation Center CITY COUNCIL AGENDA ITEM NO. 1
Meeting Date: August 9, 2022
Subject/Title: A Resolution approving the purchase of an Armored Rescue Vehicle (ARV), as required by City of Brentwood Ordinance 1037, Brentwood Police Department Policy 708; approving and authorizing the City Manager or designee to execute a purchase order and necessary documents to purchase an ARV, MedEvac G2, from Lenco Industries, Inc. in an amount not to exceed $367,907.05; and amend the FY 2022/23 Operating Budget Prepared by: Tim Herbert, Captain
David Schroer, Lieutenant
Submitted by: Thomas Hansen, Chief of Police

PURPOSE AND RECOMMENDATION
The Police Department is requesting approval per City of Brentwood Ordinance 1037, Brentwood Police Department Policy 708 – Military Equipment, to purchase an Armored Rescue Vehicle (ARV), the MedEvac G2, from Lenco Industries, Inc. to preserve life and enhance the safety of citizens and Officers.

Staff recommends the adoption of a Resolution approving the purchase of an ARV; approving and authorizing the City Manager or designee to execute a purchase order and necessary documents to purchase the ARV, MedEvac G2, from Lenco Industries, Inc. in an amount not to exceed $367,907.05; and amending the FY 2022/23 Police Grants Fund and Asset Seizure Fund Operating Budgets.

CITY COUNCIL STRATEGIC INITIATIVE
N/A

PREVIOUS ACTION
On April 26, 2022, the City Council introduced and waived first reading of an Ordinance adopting a Military Use Policy per AB 481 (Ordinance 1037).

On May 10, 2022, the City Council approved the second reading of Ordinance 1037, approving Brentwood Police Department Policy 708, Military Equipment Funding Acquisition, and Use, as required by AB 481 (2021).

BACKGROUND
Active shooter events are increasing nationwide, and the City of Brentwood is not immune to the potential of this type of incident occurring within our jurisdiction. The City of Brentwood and the Brentwood Police Department take the potential of such an event extremely seriously. The Brentwood Police Department conducts active shooter training annually. In addition, the Department’s SWAT Team trains monthly on the response to critical incidents. The Brentwood Police Department has trained all City staff in the active shooter response and preparedness with the use of ALICE Training (Alert, Lockdown, Inform, Counter, Evacuate). The Brentwood D.1
Packet Pg. 247
Police Department has also partnered with Brentwood Union School District and the Liberty Union School District to train their staff in the ALICE Training.

Although Brentwood Police Department trains for active shooters and critical incidents, the Department feels that the addition of an Armored Rescue Vehicle (ARV) would better prepare officers to respond to these types of incidents. The Lenco Industries, Inc., MedEvac G2 is the ARV that will provide the protection to our citizens and officers. Lenco Industries, Inc. (d/b/a Lenco Armored Vehicles) is the only designer and US manufacturer and distributor of the Lenco MedCat/MedEvac G2, making it a sole source provider. A search was conducted, and no other companies were found that provided the capabilities that the Lenco MedEvac G2 offers.

On the tactical side, this vehicle is ballistic rated at the highest level (NIJ IV), which is capable of withstanding multiple .50 caliber rounds to the body and glass. Additionally, Lenco is the only manufacturer that offers level IIIA Kevlar-based ballistic skip round shields that are capable of being hung from the vehicle running boards to the ground, end to end. The skip round shields provide ballistic protection to police officers and injured citizens from gunfire and skip rounds directed at and under the vehicle. Also, the MedEvac is the only armored vehicle that offers a two-piece hydraulic adjustable ram with a gas injector system that incorporates a triple valve over pressure relief system in order to increase operator safety. This hydraulic ram is capable of breaching barricaded structures and deploying less lethal chemical agents into a structure while being safely controlled by a police officer from inside the protection of the vehicle.

On the medical side, the vehicle contains two full-size medical stretchers mounted to the inside walls that can be quickly disconnected and deployed in the field to rescue and evacuate injured individuals. There are built-in medical supply cabinets with a workstation and onboard oxygen supply tanks. No other company offers this combination of tactical prowess with medical lifesaving capabilities.

This ARV is a four-wheeled vehicle used to enhance and sustain the safety of individuals and emergency responders when answering the call to active shooter incidents or hazardous situations. When an active shooting event occurs, the area where the incident is occurring is divided into three categories:

1. Hot Zone: active shooter not contained and in the area, a direct threat for injury exists, imminent threat/danger, and law enforcement only.

2. Warm Zone: active shooter not believed to be in the area, indirect threats remain, lifesaving interventions only, rapid initial triage, and rapid evacuation of survivors.

3. Cold Zone: minimal to no threats, ambulance staging, fire staging, incoming law enforcement units staging, and command post.

Over the last two years, the Brentwood Police Department has needed an ARV on at least four different occasions. In all but one of these situations, the Department had to rely on mutual aid to ensure the safety of our citizens and officers. In the fourth incident, mutual aid was not able to respond. These incidents included high-risk arrest warrants of potentially armed individuals, a possible armed subject wanted for felony crimes threatening to kill himself, and two citizens experiencing a mental health crisis and armed with weapons.

Having an ARV ready to deploy from Brentwood’s police facility will ensure an increase in officers’ capabilities during a critical incident. An ARV owned by the City will decrease Brentwood’s reliance on mutual aid in these types of situations and minimize response times.

Time is extremely important when responding to critical incidents, and having the ability to get D.1
Packet Pg. 248
officers and medically trained personnel to wounded citizens and officers as quickly as possible will save lives. This ARV allows trained personnel to enter unsecured, unstable areas (warm/hot zones), to deliver immediate assistance to individuals in need, and/or protect life and property.

The Lenco Industries, Inc., MedEvac G2 is designed to provide officers with critical equipment needed to enhance our ability to better serve and protect the community.

The ARV can be deployed for a variety of critical incidents such as violent felonies; incidents where the suspect has used, intends to use or is likely to use extreme violence against citizens or Brentwood Police Officers; and de-escalation of armed suspects having mental health episodes. Additionally, the ARV will be utilized to perform rescue operations for injured citizens and officers. The ARV is equipped with life-saving equipment and can safely deliver specially trained personnel and equipment to the scene. The equipment and specially trained personnel will ensure that the victims receive life-saving efforts faster, providing a higher probability of survival. The ARV can also be used for evacuating those who are physically unable to safely escape an active situation.

Aside from critical incidents involving life-saving measures, the ARV will be used for natural disasters, emergency rescue operations, community events, and public relations such as parades, educational events, and law enforcement demonstrations.

The ARV is designed for tactical emergency operations. Adequate staff will be trained in the operations of the ARV so it can be deployed quickly to the scene of a hazardous situation or emergency rescue. The MedEvac G2 is equipped with two tactical stretchers (litters), onboard oxygen tanks, light work stations, and compartments for medical supplies. The MedEvac G2 was purpose-built for rescuing, treating, and evacuating injured people. The MedEvac G2 is capable of evacuating four individuals, whether injured or not. The injured will receive lifesaving measures while they are being transported from the hot or warm zone to waiting Emergency Medical Staff (EMS), which will increase their survival rate. Without an ARV, injured individuals could be stranded at their location until the suspect is neutralized and the scene is rendered safe, thus reducing their chances for survival.

The Lenco Industries, Inc., MedEvac G2 is built using the Ford F550 chassis and only requires a class C driver's license to operate. Any personnel trained in the operations of the ARV can drive this vehicle without a need for additional licenses or endorsements by the DMV. In the event the ARV needs service or repairs, a local vendor will be able to provide those services.

FISCAL IMPACT
The total one-time cost for the purchase of the ARV is $367,907.05, including sales tax and shipping. The cost is proposed to be funded from two sources: $193,908 from the Police Grant Fund and $174,000 from the Asset Seizure Fund.

The Police Grants Fund has the requisite funds available from accumulated COPS/Supplemental Law Enforcement Services Funds (SLESF) allocations. These allocations are restricted for supplementing front-line law enforcement services and equipment. After this expenditure, there will be approximately $235,500 remaining in accumulated funds, along with projected FY 2022/23 revenue of $150,000. A budget amendment of $193,908 to the Police Grants Fund is proposed to allow for this expenditure.

The second source of funding for the one-time acquisition costs would be $174,000 of available balance in the Asset Seizure Fund. The Asset Seizure Fund accounts for amounts forfeited in D.1
Packet Pg. 249
certain criminal cases and funds are available to be used for allowable law enforcement expenditures. This proposed expenditure would utilize all of the available balance in the Asset Seizure Fund. There are no ongoing Police Services funded by the Asset Seizure Fund and a budget amendment of $174,000 is proposed to allow for this expenditure.

In addition to the one-time cost of the purchase, the annual ongoing cost to maintain the ARV is estimated to be $1,500 and an annual replacement cost of $35,000 is expected to be incurred.

These ongoing costs will be funded by the General Fund and the costs will be incorporated into future Operating Budgets.

Attachments:

RESOLUTION
LENCO Quote
D.1
Packet Pg. 250
RESOLUTION NO. _____

A RESOLUTION APPROVING THE PURCHASE OF AN ARMORED RESCUE

VEHICLE (ARV), AS REQUIRED BY THE CITY OF BRENTWOOD ORDINANCE 1037, BRENTWOOD POLICE DEPARTMENT POLICY 708; APPROVING AND

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A

PURCHASE ORDER AND NECESSARY DOCUMENTS TO PURCHASE AN
ARV, MEDEVAC G2, FROM LENCO INDUSTRIES, INC. IN AN AMOUNT NOT TO EXCEED $367,907.05; AMEND THE FY 2022/23 POLICE GRANTS FUND OPERATING BUDGET IN THE AMOUNT OF $193,908; AND AMEND THE FY 2022/23 ASSET SEIZURE FUND OPERATING BUDGET IN THE AMOUNT OF $174,000.

WHEREAS, on April 26, 2022, the Council introduced and waived the first reading of an Ordinance (Ordinance 1037), adopting a Military Use Policy per AB 481; and WHEREAS, on May 10, 2022, the Council approved the second reading of Ordinance 1037, approving Brentwood Police Department Policy 708, Military Equipment Funding, Acquisition, and Use, as required by AB 481 (2021); and WHEREAS, the Council/Administrative Policy No. 10-7, Purchasing Policy, requires that purchases or services over $50,000 be approved by City Council; and WHEREAS, active shooter events are increasing nationwide and the City of Brentwood is not immune to the potential of this type of incident occurring; and WHEREAS, the Brentwood Police Department takes the potential of such an event extremely seriously; and
WHEREAS, an Armored Rescue Vehicle (ARV) is used to enhance and sustain the safety of individuals and emergency responders when answering the call to active shooter incidents or hazardous situations; and
WHEREAS, having an ARV ready to deploy from the Brentwood police facility will ensure an increase in officers’ capabilities during a critical incident; and WHEREAS, an ARV can be deployed for a variety of critical incidents such as violent felonies; incidents where the suspect has used, intends to use or is likely to use extreme violence against individuals or Brentwood Police Officers; and de-escalation of armed suspects having mental health episodes; and
WHEREAS, these purchases are in compliance with the Council/Administrative Policy No. 10-7, Purchasing Policy and Council/Administrative Policy No. 10-9, Policy and Procedures For The Use Of Vehicles and Related Equipment; and
WHEREAS, the proposed Police Grants Fund cost of $193,908 and the Asset Seizure Fund cost of $174,000 for the one-time acquisition of an ARV will require an amendment to the FY 2022/23 Operating Budget; and
D.1.a
Packet Pg. 251 Attachment: RESOLUTION [Revision 1] (2789 : A Resolution approving the purchase of an Armored Rescue Vehicle) WHEREAS, the estimated annual ongoing maintenance costs of $1,500 and replacement costs of $35,000 will be included in future General Fund Operating Budgets.

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

1. Approve the purchase of an Lenco Industries Inc., MedEvac G2 Armored Rescue Vehicle in accordance with City of Brentwood Ordinance 1037, Brentwood Police Department Policy 708; and

2. Approve and authorize the City Manager or designee to execute a purchase order and necessary documents to purchase an Armored Rescue Vehicle, MedEvac G2, from Lenco Industries, Inc. in an amount not to exceed $367,907.05; and

3. Amend the FY 2022/23 Police Grants Fund Operating Budget in the amount of $193,708; and

4. Amend the FY 2022/23 Asset Seizure Fund Operating Budget in the amount of $174,000.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 9th day of August 2022 by the following vote:

D.1.a
Packet Pg. 252 Attachment: RESOLUTION [Revision 1] (2789 : A Resolution approving the purchase of an Armored Rescue Vehicle) Customer Code: BWLCA
Quotation Date:

Lenco Tax ID#: 04-2719777
Repeat Customer: Yes No
Bill To Ship To
9100 Brentwood Blvd. 9100 Brentwood Blvd.

Item: Product # Qty
1 BearCat MedEvac LASD TEMS Version BCMEDLASD 1
Diesel Engine, 6.7L Turbo BCDLEN 1
Hydraulic Front Mounted Receiver with Ram Post and Plate BCHYDRAM 1 Gas Injector Unit BCGIU 1
Electric Power Mirrors BCMIR 1
High Intensity Driving Lights in Front Bumper BCHIDL 1
Roof Mounted Remote Control Spot Light - LED BCSLLED 4
Radio Prep Package, (1) Max (2) BCINSRA 1
Rear A/C - Heating System: High Capacity Upgrade BCHACUP 1 Back up Camera System with Monitor BCBU 1
Intercom System; Inside to Outside BCINT 1
Armored Oil Pan Guard BCAOPG 1
5 Pack Mag Kit BCMAGKIT 1
VSP Style Low Profile & Scene Lighting Pkg BCVSPL 1
Light Weight Assault Litter BCLWAL 2
Ballistic Skip Round Shield BCBSRS 2
Single Side Personnel Door w/Window/Gunport/Adj Ht Gunner Stand BCSSPD 1

22.5" Tire and Wheel Upgrade BCTWU 1
(1) 7" Vertical GunPort Upgrade BCGP7 7
Run-Flat Tires for 22.5" Tire and Wheel Upgrade BCRF225 1

22.5" Spare Tire with Run Flat BCSTRF2 1
Extreme Heat Reducing Insulation & Sound Reduction Pkg BCEXHT 1 1 Proprietary
Shipping
Tax
Total Order
$ 3,044.00
$ 1,936.00
$ 5,000.00
$ 8,800.00
$ 152.00
$ 2,893.00
$ 7,083.00
$ 8,859.00
$ 12,479.00
$ 14,552.00
$ 1,508.00
$ 1,340.00
$ 1,404.00
$ 502.00
$ 7,182.00
$ 2,297.00
$ 2,871.00
$ 1,936.00
$ 975.00
$ 4,068.00
$ 1,250.00
$ 3,044.00
$ 1,936.00
$ 975.00
$ 4,068.00
$ 2,500.00
$ 3,872.00
$ 5,000.00
$ 8,800.00
$ 1,064.00
$ 2,893.00
$ 7,083.00
$ 25,827.00 $ 25,827.00
$ 7,182.00
$ 2,297.00
$ 2,871.00
$ 12,479.00
$ 14,552.00
$ 1,508.00
$ 1,340.00
$ 5,616.00
$ 502.00
12+ Months ARO (Est.)
Options:

LED Lights: CA Mandated Solid Burn Red & Blue Front, Amber & Blue Rear At Lenco's Facility in Pittsfield, MA
Paint Color: Flat White 18-TRE0006
Lenco BearCat $ 200,704.00 $ 200,704.00
Unit Price Extension
BC55003
Brentwood Police Department
Brentwood, CA 94513
Brentwood Police Department
Brentwood, CA 94513
10 Betnr Industrial Drive – Pittsfield, MA 01201
PH (413) 443-7359 – FAX (413) 445-7865
Quotation: 22416B
7/27/2022
Inhouse Contact
Jim Massery
Shipping Terms
FOB: Destination
Payment Terms
Net 30 Days
Estimated Completion
ACCEPTANCE OF PROPOSAL –
Notes:

BearCat (Configuration Subtotal)
Acceptance of this quotation or entering into a purchase agreement with Lenco, the purchaser agrees to Lenco's full Terms and Conditions of Sale, available upon request. This quote will be valid for 90 days.

WARNING: Information Subject to Export Control Laws
The written approval of the Directorate of US Defense Trade Controls and Lenco Industries, Inc. must be obtained before reselling, transferring, transshipping or disposing of a defense article to any end user, end use or destination other than as stated on this Lenco quote or the shipper's export declaration in cases where an exemption is claimed under this subchapter ITAR 123.9(A).

Brentwood tax (8.75%) of $28,435.05 is NOT collected by Lenco. $ 14,500.00 Ship Via
Common Carrier
Inspection & Acceptance
$ 8,859.00
$ 324,972.00 $ 324,972.00
Thank You
Jim Massery
Please Sign and Return Jim Massery
Subtotal $ 324,972.00
Authorized
Signature: _____________________________________________ Authorized
Signature:
$ -
$ 339,472.00
D.1.b
Packet Pg. 253 Attachment: LENCO Quote (2789 : A Resolution approving the purchase of an Armored Rescue Vehicle) CITY COUNCIL AGENDA ITEM NO. 2
Meeting Date: August 9, 2022
Subject/Title: A Resolution Designating the Mayor and an alternate as the City’s Voting Delegate for the 2022 League of California Cities Annual Conference.

Prepared by: Diane Williams, Executive Assistant
Submitted by: Tim Ogden, City Manager

RECOMMENDATION
Adopt a Resolution designating the Mayor and an alternate as the City’s voting delegate for the 2022 League of California Cities Annual Conference.

CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.

PREVIOUS ACTION
Action has not been taken on this item for the 2022 League of California Cities Annual Conference.

BACKGROUND
The League of California Cities Annual Conference will be held in Long Beach, CA, September 7-9, 2022. During the Annual Business meeting on Friday, September 9, 2022, the League membership considers and takes action on resolutions that establish League policy. In order for the City to have a vote at the Annual Business Meeting, the City Council must designate a voting delegate, which has traditionally been the Mayor, and identified in the Resolution.

The Mayor is registered for the conference, and is planning to attend the business meeting. An alternate may also be selected should the Mayor be unable to attend.

FISCAL IMPACT
The funds for the conference and travel expenses are included in the FY 2022/23 General Fund Operating Budget.

Attachments:

Resolution
D.2
Packet Pg. 254
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD DESIGNATING THE MAYOR AS THE CITY’S VOTING DELEGATE FOR THE 2022 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE.

WHEREAS, the League of California Cities Annual Business meeting will be held on Friday, September 9, 2022, and
WHEREAS, during the Annual Business meeting, the League membership considers and takes action on resolutions that establish League policy; and WHEREAS, the League of California Cities bylaws require that a city’s voting delegate be designated by the City Council, and that the voting delegate must be registered to attend the conference and be present at the business meeting.

NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF BRENTWOOD:
1) Designates Mayor Joel Bryant as the City’s voting delegate for the 2022 League of California Cities Annual Conference Business meeting.
2) Appoints an alternate should the Mayor be unable to attend the meeting. 3) Requests that the City Clerk transmit a copy of this Resolution to the League of California Cities.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 9
th day of August 2022 by the following vote:

D.2.a
Packet Pg. 255 Attachment: Resolution [Revision 1] (2769 : League of CA Cities Voting 2022 Delegate)

Brentwood City CouncilAugust 9, 2022

Brentwood City Council
August 9, 2022