Brentwood City Council
August 8, 2023

AUGUST 8, 2023, 7:00 PM

CITY COUNCIL/SUCCESSOR AGENCY AGENDA
CITY COUNCIL CHAMBERS, 150 CITY PARK WAY
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* City Council Members will be participating from the Council Chamber. Members of the public are invited to attend and participate at: the Council Chambers, 150 City Park Way, Brentwood CA
As a courtesy and technology permitting, members of the public may continue to provide live remote oral public comment via the City’s Zoom Platform. However, the City cannot guarantee that the public’s access to teleconferencing technology will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person.

HOW PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:

1. IN PERSON:
a. Members of the public can provide in-person comments in the Council Chambers or the teleconference location. Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chambers and teleconference location will have seating available for members of the public to attend in person up to full seating capacity.

2. REMOTE:
a. Zoom: www.brentwoodca.gov/vcc or Zoom Webinar ID: 760 1397 0037 b. Zoom Phone Numbers. Dial Toll Free: (833) 548-0276 or (833) 548-0282 or (877) 853-5247.
c. During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. (If you need instructions on how to use this feature, please contact the City Clerk by noon of the meeting date at
[email protected] or 925.516.5182.)

3. E-MAIL
a. Public comments can also be submitted via e-mail to
[email protected]. Any public comments received up until 3:00 p.m. of the meeting date will be:

1. distributed to the Council via email before the meeting,

2. posted online for public inspection at www.brentwoodca.gov/meetings and

3. later summarized in the meeting minutes.
b. As e-mails containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your e-mail.

4. TO WATCH OR LISTEN ONLY:
a. The public may view the meeting via one-way video feed by selecting the video option at the City Council Agendas’ link on the City webpage at www.brentwoodca.gov or via the City’s YouTube Channel:
https://www.youtube.com/c/cityofbrentwoodca

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

August 8, 2023, 7:00 p.m.

City Council Chambers
150 City Park Way
Brentwood, CA 94513
City Council Zoom Link
A. CALL TO ORDER & ROLL CALL
A.1 REPORT ON CLOSED SESSION
B. PLEDGE OF ALLEGIANCE
C. PUBLIC COMMENTS
The public is permitted to speak on items that are listed under Presentations; Informational Reports from Council Members, Committee, Liaisons, and Staff; on the Consent Calendar; Requests for Future Agenda Items, new items; or items not on the agenda. Public comments for scheduled agenda items should wait until that time. To accommodate those speaking in-person and via Zoom, we will call upon those in-person first, and then to Zoom. If necessary, we will repeat that process.

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

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

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

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

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

E.1 Minutes of the City Council/Successor Agency meeting of July 25, 2023 E.2 Silvergate Communities, LP, off-site public improvements for maintenance Title/Recommendation
Adopt a Resolution accepting off-site O’Hara Avenue and Business Center Drive public improvements for Silvergate Apartments for maintenance, excluding landscaping; accepting the Maintenance Bond; releasing the Improvement Securities and requesting that the City Clerk file this Resolution with the Recorder of Contra Costa County for these improvements, constructed as a part of Silvergate Communities, LP, DR17-003, located south of Sand Creek Road and east of O’Hara Avenue.

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

F.1 An Extension of Interim Urgency Ordinance implementing Interim Objective Design Standards for residential housing projects in the City of Brentwood, and finding the action exempt from CEQA
Title/Recommendation
Staff recommends the City Council approve an extension of the Interim Urgency Ordinance adopted June 27th, approving Interim Objective Design Standards, while the City develops a more robust set of residential design and development standards to ensure that projects deliver high-quality design, appropriate site planning and amenities, and are compatible with surrounding neighborhoods and the community.

F.2 Call for review of the Planning Commission's decision to approve applications for Vesting Tentative Subdivision Map and Design Review for Trumark Trailside Title/Recommendation
Staff recommends that the City Council adopt resolutions affirming the Planning Commission approvals of Vesting Tentative Subdivision Map No. 9610 and Design Review No. 22-006 for Trumark Trailside, as further conditioned.

The project includes a Vesting Tentative Subdivision Map (VTSM 9610) to create 63 single-family residential lots, one bio-retention basin, one open space lot adjacent to Sand Creek, and other related improvements. The project also includes a design review (DR 22- 006) for the homes to be constructed on the 63 lots (including 57 single-family detached homes and six affordable duets). The project is located at 1777 Apricot Way (APNs 019- 092-013 and 019-092-034).

Pursuant to the California Environmental Quality Act, Section 15183, the project is consistent with the development density established by a Community Plan, General Plan, or Zoning for which an environmental impact report (EIR) has been certified. An EIR was prepared and certified by the City Council as part of the Brentwood General Plan (SCH# 2014022058) in 2014. Therefore, no further environmental analysis is required, as the proposed Vesting Tentative Subdivision Map is consistent with the General Plan.

F.3 Continuance of a public hearing for the consideration of ordinances enacting a permanent ban on all oil and gas development operations in the City, and more stringent regulatory control measures for existing oil and gas development in the City.

Title/Recommendation
It is requested that the Council continue the public hearing on the ordinances to September 12, 2023, to allow staff and the City’s legal counsel an opportunity to analyze the effect on the proposed ordinances of the recently decided California Supreme Court decision in Chevron U.S.A. Inc. et.al. v. County of Monterey.

G. BUSINESS ITEMS
G.1 2023-2031 (6th Cycle) Draft Housing Element Status Update Title/Recommendation
Review and consider comments from the California Department of Housing and Community Development (HCD) on the City's second Draft Housing Element Update and provide direction and input on proposed revisions to be incorporated into the third Draft Housing Element Update.

G.2 Report regarding City of Brentwood Joint Use of Facilities Agreements with Brentwood Union School District and Liberty Union High School District Title/Recommendation
Review and discuss report regarding City of Brentwood Joint Use of Facilities Agreements with Brentwood Union School District (BUSD) and Liberty Union High School District (LUHSD) and provide possible direction related to any future amendments to the Agreements.

H. REQUEST FOR FUTURE AGENDA ITEMS
H.1 NEW REQUEST(S)
Council Members wishing to have an agenda item placed on a future agenda shall make a request under this section of the agenda. These items will be included on the agenda for the next Council meeting
H.2 REQUESTED ITEM(S)
H.2.a Request from Council Member Pierson related to a Resolution supporting the exoneration of the Port Chicago 50.

Title/Recommendation
That the City Council consider and discuss the request from Council Member Pierson for City Council discussion of, and possible direction to staff to prepare a Resolution supporting the exoneration of the Port Chicago 50.

H.2.b Request From Council Member Mendoza for staff to present on the Police Department costs assessed for community events, and the Economic Development Grants program procedures.

Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza for City Council discussion of, and possible direction to staff to prepare a presentation on the Police Department costs assessed for community events, and the Economic Development Grants program procedures.

H.2.c Request from Council Member Mendoza for amendments to the Brentwood Municipal Code to prohibit back yard rentals and regulate parties in residential zones
Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza for City Council discussion of, and possible direction to staff regarding amendments to the Brentwood Municipal Code to prohibit back yard rentals and regulate parties in residential zones.

H.2.d Request from Vice Mayor Meyer for a summary of significant housing legislation adopted in 2022 and 2023 and pending and its impact on the City of Brentwood.

Title/Recommendation
That the City Council consider and discuss the request from Vice Mayor Meyer for City Council discussion of, and possible direction to staff to prepare a summary of significant housing legislation adopted in 2022 and 2023, and pending and its impact on the City of Brentwood.

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

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

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

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

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

POSTING STATEMENT
On August 3, 2023, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside City Hall, 150 City Park Way, Brentwood, CA 94513 and at our website www.brentwoodca.gov
A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov

1 CITY COUNCIL/SUCCESSOR AGENCY MINUTES
July 25, 2023, 7:00 p.m.

A. CALL TO ORDER AND ROLL CALL
Mayor Bryant called the meeting to order at 7:04 p.m.

Roll Call
Present in the Council Chambers: Vice Mayor Meyer, Council Member Oerlemans, Council Member Pierson, Mayor Bryant
Present in the Teleconference Location: Council Member Mendoza Teleconference location: Café Internet Café Vidanta Riviera Maya Carretera Federal Cancún-Playa del Carmen Km. 48, 77710 Riviera Maya, Q.R., Mexico
B. PLEDGE OF ALLEGIANCE
Mayor Bryant led the Pledge of Allegiance.

C. PUBLIC COMMENTS
Danny Dorhmann provided a positive review of a local small business, SB Hauling, and encouraged residents to get involved in local and state-wide government initiatives.

Denise Duran, Chamber of Commerce Board President, thanked the Parks and Recreation Department, City staff, the Downtown Brentwood Coalition, and all who participated in the production of the Carnique and other 4th of July events. Denise promoted the upcoming Celebrating Brentwood Gala and named the nominees for each award category and promoted other upcoming events.

Rashidi Barnes, CEO of Tri Delta Transit, introduced himself to the City Council.

Destined Wright provided comments regarding the strong community support and need of pickleball courts, as well as the community and economic benefits related to the access to pickleball courts.

Shante Williams, Nahleen, Russell, Aimee, Sam Haider, and Camille Williams provided comments and concerns related to the negative and dangerous consequences of hosted, for-profit parties in residential neighborhoods.

Greg Robinson, encouraged residents to reach out to him at The Press regarding the incident that occurred at the hosted pool party.

2 D. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,

LIAISONS, AND STAFF
Council Member Oerlemans reported he attended the Tri Delta Transit meeting, all of the 4th of July events, met with the new police recruits as they headed off to the Police Academy.

Vice Mayor Meyer reported she met with Front Porch regarding their program Home Match, met with Chamber of Commerce officers to act as an auditor counting votes for the Celebrate Brentwood awards, attended a meeting of the California Alliance of Local Electeds, attended webinar on California's new campaign contribution regulations, attended a meeting and heard a presentation on environmental justice, gave a presentation on history and planning of our Community Service Day for 2024, did an interview with The Press on the Davis Camp history, and attended all 4th of July events.

Council Member Mendoza reported she attended all of the 4th of July events, had a meeting with the president of Cal Cities related to the Our Neighborhood Voices initiatives, attended a meeting of the California Alliance of Local Electeds, and attended the Cal Cities summer session briefing on priority bills.

Council Member Pierson reported she was a speaker at a Juneteenth celebration event, spoke to students in a summer youth program at Antioch high school about careers and achieving their goals, 4th of July events, spoke with Leo at the Brentwood Regional Community Chest, and brought three Brentwood student interns on a tour through City Hall.

Mayor Bryant reported he attended the TRANSPLAN Committee, East Contra Costa Regional Fee and Financing Authority (ECCRFFA), BART and State Route 4 Bypass meetings, attended the Tri Delta Transit meeting, attended the grand opening of the Chabad of the Delta Jewish facility, attended 4th of July events, attended the Mayors Conference, worked with a young man with special needs who interned with him for two days, and toured a Tri Delta facility.

City Manager Tim Ogden presented the City's new agenda management system and demonstrated how to access upcoming and past City Council and Commission meetings.

E. CONSENT CALENDAR
Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Adopt the Consent Calendar as recommended by staff.

Motion Approved
E.1 A Proclamation Recognizing August 2023, as Back to School Month.

3 E.2 Cooperative Agreement with East Contra Costa Regional Fee and Financing Authority for funding in the amount of $4,105,641 for the Sand Creek Road Extension.

Adopted Resolution 2023-90 approving and authorizing the City Manager or his designee to execute Cooperative Agreement No. 27-23 with the East Contra Costa Regional Fee and Financing Authority (“ECCRFFA”) for funding in the amount of $4,105,641 for the Sand Creek Road Extension, CIP Project No. 336-31700 (“Project”).

E.3 Construction contract for the Creekside Park Pickleball Courts Project Adopted Resolution 2023-91 approving the contract documents, awarding the bid, and authorizing the City Manager or designee to execute a construction contract and necessary documents, including the use of contingency amounts for the Creekside Park Pickleball Courts Project, CIP Project No. 352-52441 to Luma Engineering Contractors Inc., as the lowest responsible and responsive bidder in the amount of $371,562.45, plus funding authorization for a 10% contingency amount of $37,156.24 for additional services for a total authorization not to exceed amount of $408,718.69, 2) amend the FY 2023/24 –2026/27 Capital Improvement Program (CIP) and 3) amend the 2023/24 Operating Budget for the associated project funding transfers.

E.4 Accept the Trilogy Vineyards, LLC, Subdivision No. 8796 masonry wall public improvement for maintenance
Adopted Resolution 2023-92 accepting a portion of Phase I public improvements (Masonry Wall) for maintenance; accepting the Maintenance Bond; releasing the Improvement Securities; and requesting the City Clerk to file this Resolution with the Recorder of Contra Costa County for these improvements, constructed as a part of Trilogy Vineyards, LLC, Subdivision No. 8796.

F. PUBLIC HEARINGS
F.1 Appeal of the Planning Commission's decision to approve Costco Senior Planner Jennifer Hagen presented the item.

Mayor Bryant opened the public hearing.

Ellis Raskin spoke on behalf of the appellant.

The applicant gave a presentation.

4 Public comments received prior to the meeting in support of upholding the Planning Commission's decision and to deny the appeal were received from: Annette Beckstrand, Anthony & Janice Khalil, David & Karen Crowe, Laura & Phil Avila, Lorraine Maxson, Maureen Zekman, Robert & Lori Lochner, Anonymous Person, Rebecca Kent, Bill Zuroff, Nick King, Jeannine Sullivan, Sheilah Cunningham, Ronald Cole, Jeremy Jones, Susan Travis, Tammie Macdonald, Darlene Spaulding, Sara Madrigal, Mohib Raza, Michelle Guerrero, Adrian, Renee Swanson, Don Stidham, Tracey Salazar, Daniella Kraj, Peggy B. Perazzo, Barbara Pilling, Robert Kimball, Bezhan, Cynthia & John Rowland, Laurie Nadelman, Linda & Ole Stein, Shannon, Calica Family, Ray Zhang, , Anonymous, Megan Thomas, E A Hannan, Jerry Yao, Marcia Davis, Margaret Taylor, Linda Scott, Raja Tadi, Francisco Alvarez, Laurie Hawley, Jesus Gonzales, Enrique Oropeza, David Nadelman, Ana Echezarreta & family, Suzanne Sprague, Michael Doran, Alfredo Remorin, Cathyln White Guerra, Bridget, Lydia Moon, Rick Wolfe, Ralph & Cheri Cole, Shoab Siddiqi, Mirella Andrade, Dennis Linsmeier, Derrick Lewis, Dawn O'Sullivan, Melissa Jensen, Lilian Splaine, Yun Shen, Catherine Mayes, Solo Velo, Margaret Yray, Kay Sexton, Sandra Myers, Nicole Xavier, John Cadigan, Christina Sco, Alison Overzet, Alora Martinez, Joy Gonsolin, Jennifer Lima, Dan Icenogle, Leslie Stanley, Lea M, Joe Ely, Elissa Welch, Carol Ramsey, Dean Davis, Richard & Adrienne Lazzaro, David & Elizabeth Harris, Anonymous, Tracy DeLucia, Louise Sakotani, Jen McVicker, Savio, Rose Mary Marquez, Sergio Verbis, Nona & Robert Jacobsen, Sue Jenlink, Camilla Jenkins, Mary & Dane Martinez, Dan McDonald, Robert Chuck, Bernadette Buchanan, Chris Hatcher, David Burkhalter and John Reeves
Public comments received prior to the meeting requesting the City Council uphold the appeal were received from: Lawrence Finney Arnold LLP on Behalf of Contra Costa Climate Action Coalition, Ellis F. Raskin, and Hansen Bridgett
Additional emails and letters with comments were received from: West Coast Home Builders, Bruce Ole Olsen, and Amy R. Lopez of Kittleson & Associates
Karri Reiser, Sandra Myers, Janice Khalil, Anthony Khalil, Danny Dohrmann, Paul Badliff, Ian Cohen, Carolina Villaseca, and Marisol Valles spoke in support of upholding the Planning Commission's decision and denying the appeal.

Patricia Alfsen, Maureen Hatfield, Buck Kleckver, and Annette Holdiman submit a speaker card in support of upholding the Planning Commission's decision and denying the appeal.

Andrew Becker spoke in support of approving the appeal.

5 Bruce Ohlson spoke in neutral position of the project with concerns about the construction of infrastructure in the vicinity of the Costco store.

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

City Council was in recess from 9:45 p.m. and resumed session at 10:01 p.m.

Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Adopted Resolution 2023-93 denying the appeal of and approving the tentative parcel map.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
Moved by: Susannah Meyer, Vice Mayor
Seconded by: Tony Oerlemans, Council Member
Adopted Resolution 2023-94 denying the appeal of and approving the Conditional Use Permit.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Adopted Resolution 2023-95 denying the appeal of and approving the Design Review.

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

6 Moved by: Tony Oerlemans, Council Member
Seconded by: Pa'tanisha Pierson, Council Member
Adopted Resolution 2023-96 denying the appeal of and approving the Master Sign Program.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
G. BUSINESS ITEMS
G.1 Streaming Options for Public City Meetings and Possible City Council Direction
Assistant City Manager Darin Gale presented the item.

Mayor Bryant opened the public comment period.

Carolina Villaseca spoke in support of the continuation of streaming public meetings.

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

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Received the report and directed staff to continue streaming/recording City Council meetings on the City's website, YouTube, and Zoom; to continue streaming/recording City Council Standing Committees, Arts Commission, Youth Commission and Parks & Recreation Commission to the City’s website and Zoom; to add YouTube streaming for Planning Commission meetings after fully implementing the City’s new agenda management system this fall; and to not add additional streaming platforms at this time.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
G.2 Compensation for Planning, Park & Recreation, Arts, and Youth Commissioners.

Assistant City Manager Darin Gale presented the item.

7 Mayor Bryant opened the public comment period.

Carolina Villaseca spoke in favor of consideration of an increase in compensation to Planning Commissioners.

Nicole Xavier spoke in favor of consideration of an increase in compensation to Planning Commissioners.

Denise Duran spoke in opposition of an increase in compensation to commissions.

Marisol Valles spoke in favor of consideration of an increase in compensation to Planning Commissioners.

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

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Jovita Mendoza, Council Member
Directed staff to prepare a Resolution increasing the compensation for Planning Commission members in the amount of $300 per month.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
G.3 Fiscal Year 2023/2024 Pay Schedule
Human Resources Director Sukari Beshears presented the item.

Mayor Bryant opened the public comment period.

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

Moved by: Susannah Meyer, Vice Mayor
Seconded by: Pa'tanisha Pierson, Council Member
Adopted Resolution 2023-97 approving the Fiscal Year 2023/2024 Pay Schedule and authorizing the City Manager or Designee, in consultation with the City Attorney, to make ministerial revisions to it.

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

8 Motion Approved (5 to 0)
G.4 Consideration of amendments to the 2023 Proclamations list to include recognition of select military holidays
City Clerk Margaret Wimberly presented the item.

Mayor Bryant opened the public comment period.

Al Del Grande spoke in support of adding proclamations recognizing military and Veteran holidays and requested Vietnam War Veterans Day be added to the proclamation list.

Bill Weber spoke in support of adding proclamations recognizing military and Veteran holidays and requested these days be added to the City's calendar.

Carolina Villaseca spoke in support of adding a proclamation recognizing the Veterans of the Vietnam War.

Rod Flohr spoke in support of adding a proclamation recognizing the Veterans of the Vietnam War.

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

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Approved the amendments to the 2023 Proclamations list to include recognition of select military holidays, as requested by the City Council with the addition of Vietnam Veteran’s Memorial Day which occurs on March 29th of each year.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
H. REQUEST FOR FUTURE AGENDA ITEMS
H.1 NEW REQUEST(S)
Council Member Pierson requested a future agenda item requesting staff prepare a Resolution supporting the exoneration of the Port Chicago 50.

Council Member Mendoza requested a future agenda item requesting staff prepare a presentation on the Police Department costs assessed

9 for community events, and the Economic Development Grants program procedures.

Council Member Mendoza requested a future agenda item regarding amendments to the Brentwood Municipal Code to prohibit back yard rentals and regulate parties in residential zones.

Vice Mayor Meyer requested a future agenda item requesting staff prepare a summary of 2022 and 2023 and significant pending housing legislation, and their impact on the City of Brentwood.

H.2 REQUESTED ITEM(S)
H.2.1 Request from Council Member Pierson related to the preparation of a cost-benefit analysis for the possible outsourcing of new nonessential budgeted positions at Public Works facilities when the Council is asked to consider those positions.

Council Member Pierson presented the item.

Mayor Bryant opened the public comment period.

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

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Jovita Mendoza, Council Member
Authorized staff to spend time and resources to prepare an informal cost-benefit analysis for the possible outsourcing of new nonessential budgeted positions at the Wastewater and Public Works facilities when the Council is asked to consider those positions.

Ayes (4): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, and Tony Oerlemans, Council Member
Noes (1): Joel Bryant, Mayor
Motion Approved (4 to 1)
H.2.2 Request from Council Member Pierson for City Council discussion of a discount program for residential utility customers.

Council Member Pierson presented the item.

Mayor Bryant opened the public comment period.

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

10 Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Authorized staff to spend time and resources to research a funding source and budget implications for a new discount program for residential utility customers or to bring back the previous discount program for residential utility customers.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
H.2.3 Request from Council Member Pierson regarding direction to research a funding source and any available budget implications for the reimbursement of residents who make home improvements to support water conservation
Council Member Pierson presented the item.

Mayor Bryant opened the public comment period.

Rod Flohr spoke in support of the item.

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

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Authorized staff to spend time and resources to research a funding source and any available budget implications for the
reimbursement of residents who make future home improvements to support water conservation.

Motion Approved
I. ADJOURNMENT
Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Susannah Meyer, Vice Mayor
The City Council adjourned at 11:50 p.m.

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

11 Motion Approved (5 to 0)
J. NOTICE AND POSTING STATEMENT

CITY COUNCIL AGENDA ITEM NO. E.2
08/08/2023
SUBJECT: Accept the Silvergate Communities, LP, off-site public improvements for maintenance.

DEPARTMENT: Public Works
STAFF: Casey Wichert, Interim Director of Public Works
Allen Baquilar, Interim City Engineer
Heather Silfies, Engineering Services Specialist

TITLE/RECOMMENDATION
Adopt a Resolution accepting off-site O’Hara Avenue and Business Center Drive public improvements for Silvergate Apartments for maintenance, excluding landscaping; accepting the Maintenance Bond; releasing the Improvement Securities and requesting that the City Clerk file this Resolution with the Recorder of Contra Costa County for these improvements, constructed as a part of Silvergate Communities, LP, DR17-003, located south of Sand Creek Road and east of O’Hara Avenue.

FISCAL IMPACT
Upon acceptance of the improvements, the City will incur annual costs in an amount estimated at $4,874.62, associated with necessary maintenance of the public improvements, which is included in the 2023/24 Operating Budget. Routine roadway and storm drain maintenance in the amount of $4,027.31 will be funded by the General Fund. Water and wastewater infrastructure maintenance costs, in the amount of $446.51 and $400.80 respectively, are funded by the Water and Wastewater Enterprises.

BACKGROUND
This project, located south of Sand Creek Road and east of O’Hara Avenue, is being developed by Silvergate Communities, LP (“Developer”). The design review for DR 17-003, developing a 8.3 acre site, was approved for a 166 unit, three-story apartment complex and recreation center. The portions of public improvements required by the project’s Conditions of Approval has been constructed and inspected for conformance with the approved improvement plans including sewer, water, storm drain, sidewalk, masonry wall, and paving. The Parks and Recreation Department will

CITY COUNCIL AGENDA ITEM NO. E.2
08/08/2023
accept landscaping once they have deemed the work to be completed in conformance with the approved landscaping plans.

The scope of improvements, which consisted of 250 Lineal Feet (“LF”) of pavement, 780 LF of sidewalk, 770 LF of curb and gutter, 334 LF of various size sewer line, 37 LF of 8” size water line, 285 LF of 10” water line, 15,744 LF of various sizes storm drain line, and 1 fire hydrant is now complete and inspected for conformance with the approved improvement plans. The Developer has provided a Maintenance Bond to cover the twelve-month warranty period for the public improvements. With the improvements now installed, it is the appropriate time to accept the improvements and begin the warranty period.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Site Map

4. Acceptance Photographs

PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.  On December 5, 2017, by Resolution No. 17-049, the Planning Commission approved Design Review DR17-003 for a new 166-unit, three-story, apartment complex and recreation center, with related improvements, to be located on an 8.3 acre lot generally south of Sand Creek and east of O’Hara Avenue.

RESOLUTION NO.

A RESOLUTION ACCEPTING OFF-SITE O’HARA AVENUE AND

BUSINESS CENTER DRIVE PUBLIC IMPROVEMENTS FOR

SILVERGATE APARTMENTS FOR MAINTENANCE, EXCLUDING
LANDSCAPING; ACCEPTING THE MAINTENANCE BOND;

RELEASING THE IMPROVEMENT SECURITIES AND REQUESTING

THAT THE CITY CLERK FILE THIS RESOLUTION WITH THE

RECORDER OF CONTRA COSTA COUNTY FOR THESE

IMPROVEMENTS, CONSTRUCTED AS A PART OF SILVERGATE
COMMUNITIES, LP, DR17-003, LOCATED SOUTH OF SAND CREEK
ROAD AND EAST OF O’HARA AVENUE.

WHEREAS, on December 5, 2017, by Resolution No. 17-049, Planning Commission approved Design Review DR17-003 for a 166-unit, three-story, apartment complex and recreation center, with related improvements, to be located on an 8.3 acre lot generally south of Sand Creek and east of O’Hara Avenue; and WHEREAS, the required public improvements have been completed and constructed in substantial conformance with the approved improvement plans; and WHEREAS, Silvergate Communities, LP, has posted a Maintenance Bond, guaranteeing materials and workmanship, for a period of one year following acceptance of improvements.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood with respect to Design Review No. 17-003, developed by Silvergate Communities, that:

1. Public improvements, excluding landscaping, are hereby accepted for maintenance.

2. The Maintenance Bond is hereby accepted.

3. The Improvement Securities will be released within sixty (60) days of the passage of this Resolution.

4. The City Clerk is hereby requested to file this Resolution with the Recorder of Contra Costa County.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 8th day of August 2023, by the following vote:

KUBICEK WAY

G NI G ER CT

EISENHOWER WAY

ELLEN LN

JEFFERSON DR

BUSINESS CENTER DR
REA
G
A
N
WAY

WASHINGTON DR LONE OAK RD

TECHNOLOGY WAY

CURTIS DR

LYNN DR

BRODERICK DR

SAND CREEK RD

PRINCESS WAY

LONE OAK CT

OHARA AVE
Acceptance Off-site Improvements
Silvergate Apartments DR 17-003
Developed by Silvergate Communities, LP
Document Path: W:\MXD\Staff Report Maps\DR 17-003 Offsite Acceptance.mxd

OFF-SITE
DR 17-003

MARSH CREEK CHANNEL

OFF-SITE

Acceptance of Public Improvements
Silvergate Communities, LP, Silvergate Apartments, DR17-003 Business Center Drive
O’Hara Avenue

CITY COUNCIL AGENDA ITEM NO. F.1
08/08/2023
SUBJECT: An Extension of Interim Urgency Ordinance implementing Interim Objective Design Standards for residential housing projects in the City of Brentwood, and finding the action exempt from CEQA DEPARTMENT: Community Development Department
STAFF: Alexis Morris, Director of Community Development Jennifer Hagen, Senior Planner

TITLE/RECOMMENDATION
Staff recommends the City Council approve an extension of the Interim Urgency Ordinance adopted June 27th, approving Interim Objective Design Standards, while the City develops a more robust set of residential design and development standards to ensure that projects deliver high-quality design, appropriate site planning and amenities, and are compatible with surrounding neighborhoods and the community.

Adoption of the Interim Urgency Ordinance is exempt, pursuant to CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that there is no possibility that the Project may have a significant impact on the environment.

FISCAL IMPACT
There is no fiscal impact associated with adopting the extension of the Interim Urgency Ordinance, other than staff time spent preparing it. The cost of the update is included in the adopted 2023/24 – 2027/28 Capital Improvement Program (“CIP”), which includes the Zoning Ordinance Update, CIP Project No. 337-37228. The Zoning Ordinance Update project is funded by a combination of a California Senate Bill 2 grant ($310,000) and the General Fund ($140,000).

BACKGROUND
The current Residential Design Guidelines were adopted by the City in 2006 in an effort to articulate the importance of high-quality design that complements and enhances the existing fabric of the community. These guidelines have helped to express the community’s desires and ensure that new residential development respects the past while embracing the future and welcoming new residents. Many of the current guidelines however, are subjective and may be argued to contain ambiguous or unclear standards for the review of new development. This has required

CITY COUNCIL AGENDA ITEM NO. F.1
08/08/2023
applicants and decision-makers to interpret terminology such as “desirable qualities,” “compatible design,” or “appropriately sensitive,” which has not always resulted in consistent interpretations over time.

Based on the City Council’s direction on January 24, 2023, staff has begun to draft a set of objective design standards for residential development. The intent of this effort is to address recent changes in State law that seek to streamline and increase housing production, focused on making approval processes more routine and predictable for those developing housing. A key component of several of these new laws is increased limitations on discretionary review processes, placing an increased emphasis on objective design and development standards as the primary criteria for project approval or denial. Relevant laws include those adopted as part of the 2017 "housing package" (a series of 15 separate pieces of legislation), including SB 35 that allows "by right" approval of certain housing projects, followed by more recently-passed legislation, notably SB 330, the Housing Crisis Act.

SB 330 placed additional limitations on project review and the application of objective design standards to all multi-family residential units, not just those that are affordable, to further encourage housing production. Specifically, SB 330 amended the Housing Accountability Act to clarify, among other things, that design review must be objective and “strictly focused on assessing compliance with criteria required for streamlined projects, as well as any reasonable objective design standards” (i.e., non-subjective). SB 330 also prohibits cities from adopting new or enforcing design standards established on or after January 1, 2020, that are not objective design standards. It is important to note that pursuant to these legislative changes, the role of design review bodies in municipalities will be required to evolve with the introduction and implementation of objective design standards. For example, there will be instances where the City will be limited in its ability to apply subjective design standards and conditions of approval. Thus, it is important for the City to prepare and adopt appropriate objective standards to continue to implement its design review goals where discretionary review is limited.

With these new laws and procedures in place, and expecting the emphasis on objective standards to continue in future legislation, it is in the City's interest to have a robust group of residential design and development standards (i.e., objective design standards) in place, to ensure that projects deliver high-quality design, appropriate site planning, and amenities, and are compatible with surrounding neighborhoods and the community.

While the City is working on comprehensive standards, the Interim Objective Design Standards (Interim ODS) adopted by the City Council on June 27, 2023, have been developed that are only intended to provide minimum enforceable standards until comprehensive standards can be implemented. Community outreach on the final objective design standards is anticipated to start in the summer with completion of

CITY COUNCIL AGENDA ITEM NO. F.1
08/08/2023
the task by late winter or early spring (2024). The Interim ODS apply to the following types of projects:
 Single-family and Multi-Family homes if the units require Design Review pursuant to BMC Section 17.820;
 Two-Unit Housing Developments and Urban Lot Splits (SB 9 projects);  Mixed-use projects with 2/3 of the square footage dedicated to residential units; and
 Transitional or supportive housing projects.

NEXT STEPS
This action would extend the interim urgency ordinance adopted by the City Council on June 27, 2023, which expires 45 days after adoption (August 11, 2023), by ten months and fifteen days (May 12, 2024). Staff is currently working on reviewing the existing Residential Design Guidelines to be utilized as a base for the future standards in order to continue to respect the past while embracing the future of Brentwood. It is anticipated that community outreach on the final objective design standards will start in the summer followed by a Planning Commission/City Council workshop to review policy priorities with completion of the task by late winter or early spring (2024). The final comprehensive set of objective design standards would be subject to review by both the Planning Commission and City Council. The regular ordinance would then take effect 30 days after adoption and would repeal and replace this urgency ordinance.

CITY COUNCIL STRATEGIC INITIATIVE
City of Brentwood Strategic Plan FY 2022/23 – FY 2023/24 Focus Area 4: Land Use Planning, Goal 1: Implement Zoning Ordinance update to maintain compliance with State law, including developing objective design standards (SB 330 compliance).

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

DATE OF NOTICE
The City of Brentwood published a public hearing notice in the Brentwood Press on July 28, 2023. Prior to publication of the agenda report, staff received no public comments.

CITY COUNCIL AGENDA ITEM NO. F.1
08/08/2023

ENVIRONMENTAL DETERMINATION
Adoption of the Interim Urgency Ordinance is exempt, pursuant to CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that there is no possibility that the Project may have a significant impact on the environment.

ATTACHMENT(S)

1. Previous Action

2. Urgency Ordinance Extension

3. Interim Objective Design Standards

Attachment 1
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

On September 26, 2006, the City Council approved Residential Design Guidelines in accordance with the City’s General Plan Housing Element.

On February 27, 2018, the City Council adopted Resolution No. 2018-21 to approve the FY 2018/19 and FY 2019/20 City of Brentwood Strategic Plan, including Strategic Initiative 4.1.c, preparation of a comprehensive zoning ordinance update, which has been continued over the past few years into the current Strategic Plan FY 2022/23 – FY 2023/24 Focus Area 4: Land Use Planning, Goal 1: Implement Zoning Ordinance update to maintain compliance with State law, including developing objective design standards (SB 330 compliance). The Zoning Code update included updating the City’s Residential Design Guidelines.

On June 9, 2020, the City Council adopted Resolution No. 2020-73, approving the City’s 2020/21 – 2024/25 Capital Improvement Program (“CIP”), which includes the Zoning Ordinance Update, CIP Project No. 337-37228. The project has continued to be carried over and is included in the most recent 2023/24 – 2027/28 CIP.

On January 24, 2023, the City Council provided direction on reinitiating the City’s Zoning Code Update, including a new focused and phased approach that is to be scaled down in size and focused into specific tasks including interim and permanent objective design standards.

On June 27, 2023, the City Council adopted Urgency Ordinance No. 1059, which adopting Interim Objective Design Standards.

URGENCY ORDINANCE NO. XXXX

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF BRENTWOOD EXTENDING THE INTERIM ORDINANCE

ADOPTING APPENDIX B TO THE CITY OF BRENTWOOD

RESIDENTIAL DESIGN GUIDELINES TO IMPLEMENT INTERIM

RESIDENTIAL OBJECTIVE DESIGN STANDARDS, AND FINDING

THE ACTION EXEMPT FROM CEQA
WHEREAS, on October 9, 2019, California Governor Gavin Newsom signed into law Senate Bill (SB) 330, establishing the Housing Crisis Act of 2019, which took effect on January 1, 2020; and
WHEREAS, SB 330 prevents jurisdictions from imposing or enforcing new design standards on housing projects that are not “objective” in accordance with Government Code § 66300(b)(1)(C); and
WHEREAS, on September 29, 2022, California Governor Gavin Newsom signed into law Senate Bill (SB) 6 and Assembly Bill (AB) 2011, allowing residential development on sites currently zoned and designated for commercial or retail uses if specified criteria are met, which will take effect on July 1, 2023; and WHEREAS, the City of Brentwood requires new development to take place in a regulated, orderly manner (see, for example, Brentwood General Plan Land Use Policy LU 1-4, which provides “require new development to occur in a logical and orderly manner, focusing growth on infill locations and areas designated for urbanization on the Land Use Map (Figure LU-1), and be subject to the ability to provide urban services, including paying for any needed extension of services”); and WHEREAS, the City of Brentwood likewise requires new development to conform to high standards governing architectural and site design (see, for example, Brentwood General Plan Land Use Goal 6, which provides “maintain and enhance the visual quality of Brentwood by promoting the highest standards of architecture and site design for all development projects, both public and private,” as well as Brentwood General Plan Land Use Policy LU 6-4, which provides “apply design standards regulating setbacks, landscaping, screening, and architectural style to new residential development and rehabilitation projects”); and WHEREAS, in order to implement the requirements of SB 330, SB 6, and AB 2011 in a regulated, orderly manner and ensure the application of objective standards by the statutes’ July 1, 2023 effective date, staff has prepared this Urgency Ordinance; and
WHEREAS, on June 27, 2023, the City Council adopted interim objective design standards via Urgency Ordinance No. 1059; and
WHEREAS, the City desires to extend the Urgency Ordinance while permanent objective design standards are created and reviewed by the Planning Commission and City Council; and
Attachment 2

2 Attachment 2

WHEREAS, the City has determined that the Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section §15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the proposed interim objective design standards would have a significant effect on the environment, in that no new policies adopted modify the density of housing and so do not have the potential for causing a reasonably foreseeable direct or indirect change in the physical environment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRENTWOOD DOES ORDAIN AS FOLLOWS:

SECTION 1. That the above recitals and those recitals and findings in the Urgency Ordinance No. 1059 remain true and correct, and are incorporated herein by this reference.

SECTION 2. This Urgency Ordinance was noticed pursuant to Government Code Section 65090 and the City Council conducted a public hearing pursuant to Government Code Section 65858, subdivision (a).

SECTION 3. The interim ordinance adopted by Urgency Ordinance No. 1059 is extended by this Urgency Ordinance for a period of ten months and fifteen days, or until May 12, 2024.

SECTION 4. The City Council hereby finds that the project:

A. is consistent with the existing General Plan, insomuch as it will subject new housing projects to high standards that are objective in nature and which govern architectural and site design per Brentwood General Plan Land Use Goal 6 (“Maintain and enhance the visual quality of Brentwood by promoting the highest standards of architecture and site design for all development projects, both public and private”), as well as Brentwood General Plan Land Use Policy LU 6-4 (“Apply design standards regulating setbacks, landscaping, screening, and architectural style to new residential development and rehabilitation projects”). In addition, the project expresses the housing design features the City desires to encourage and thus implements the General Plan Housing Element Action Program H.1.g (“Continue implementation of the City’s approved Residential Design Guidelines and encourage a variety of housing types to continue to provide safe, sound, and attractive for units all residents. The intent of these guidelines is to express the housing design features the City would like to encourage in order to improve certainty and to minimize the processing time for design review applications. The City will also review the Residential Design Guidelines for subjective language and adopt modifications to promote objectivity – as of January 24, 2023, the City Council has approved to create objective standards for all residential uses by the end of 2023”); and
B. will require new housing projects to take place in a regulated, orderly manner per Brentwood General Plan Land Use Policy LU 1-4 (“Require

3 Attachment 2

new development to occur in a logical and orderly manner, focusing growth on infill locations and areas designated for urbanization on the Land Use Map (Figure LU-1), and be subject to the ability to provide urban services, including paying for any needed extension of services”); and
C. will create objective standards for high-quality residential design, as it sets out specific objective architectural and project design standards for superior residential development; and
D. will create objective standards to help the City continue to provide safe, sound, and attractive housing.

Adoption of this Urgency Ordinance is thus both appropriate and in the public interest as it implements the direction of the 2014 City of Brentwood General Plan. It is likewise necessary for the immediate preservation of the public peace, health or safety.

SECTION 5. The Appendix to the Residential Design Guidelines set forth in the attached Exhibit A, which is incorporated herein by reference, is hereby adopted.

SECTION 6. The City Council hereby finds that there is a current and immediate threat to the public health, safety and/or welfare and a need for immediate preservation of the public peace, health, or safety that warrants the adoption of this Urgency Ordinance, given that:

A. SB 330 prevents jurisdictions from imposing or enforcing new design standards on housing projects that are not “objective”. The Brentwood Municipal Code and adopted Residential Design Guidelines currently contain very few standards that are “objective” as defined in Government Code Section 66300(b)(1)(C). In order to confirm that new such housing projects will adhere to the General Plan goals and policies set forth above, among other things, it is necessary for the City to adopt objective design standards explicitly guiding such developments prior to the submission of any development applications brought pursuant to new legislation.

B. SB 330 specifically authorizes local agencies to adopt objective zoning, subdivision, and design standards that are objective and consistent with the bill’s provisions and state law, and to adopt an ordinance to implement its provisions. The City seeks to ensure that it has put in place the objective design standards that will apply to any housing project by July 1, 2023 in order to allow for clarity and certainty.

C. The objective design standards contained in this Urgency Ordinance protect the public health, safety, and/or welfare by, among other things:

1. establishing objective criteria for the minimum number of ingress and egress points for subdivisions of varying size, thus assuring emergency vehicle access commensurate with the size of the subdivision (see Objective Design Standard 1.1.A);

4 Attachment 2

2. ensuring adequate distance between dwelling units and accessory buildings on the same parcel, thus facilitating fire access (see Objective Design Standard 2.J);

3. requiring the replacement of any tree 22” or larger in diameter at breast height removed in the course of residential construction, thus safeguarding the preservation of the City’s urban forest, which aids in reducing soil erosion, providing shade, affording wildlife habitat, and increasing property values (see Objective Design Standard 2.G);

4. explicitly permitting the use of durable and fire-resistant alternatives for traditional building materials, thus allowing for the use of materials that offer greater protection against threats such as wildfire.

D. Without an extension to Urgency Ordinance No. 1059, the public health, safety, and/or welfare of the city would be endangered, insomuch as the objective standards temporarily put in place through the adoption of the urgency ordinance would terminate, and the permanent objective design standards ordinance currently being drafted by staff is not yet ready for City Council review and approval. The City Council thus finds that an extension of Urgency Ordinance No. 1059 is necessary to allow staff time to complete a permanent ordinance governing objective design standards.

This Urgency Ordinance is thus declared by the City Council to be an urgency measure necessary for the immediate preservation of the public peace, health and safety, adopted per Government Code Section 65858. The facts constituting such urgency are all of those certain facts set forth and referenced in this Urgency Ordinance and the entirety of the record before the City Council.

SECTION 7. This Urgency Ordinance will be published in accordance with Government Code Section 36933 by either posting or publishing the Urgency Ordinance in accordance with that law.

SECTION 8. This Urgency Ordinance is adopted by a four-fifths vote of the Brentwood City Council. It shall take effect immediately upon its adoption and remain in effect for 10 months and 15 days as provided by Government Code Section 65858(a), unless extended. Any extension of this Urgency Ordinance will require a four-fifths vote of the City Council.

SECTION 9. Ten days prior to the expiration of this Urgency Ordinance or any extension, the City Council will issue a written report describing the measures taken to alleviate the condition which led to the adoption of this Urgency Ordinance, as required under Government Code Section 65858(d).

5 Attachment 2

THE FOREGOING URGENCY ORDINANCE EXTENSION was adopted at the regular meeting of the Brentwood City Council on the 8 th day of August, 2023, by
the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

APPROVED:
_______________________________
Joel Bryant, Mayor
ATTEST:
_________________________
Margaret Wimberly, MMC
City Clerk

Attachment 3
1 Interim Residential Objective Design Standards – Appendix B

APPLICABILITY
This checklist is a user-friendly compilation of all Brentwood Objective Design Standards applicable to projects with residential units. Objective Design Standards are mandatory for housing development projects, defined as projects which use consists of:
 Single family and Multi-Family homes if the units require Design Review pursuant to BMC Section 17.820;  Two-Unit Housing Developments and Urban Lot Splits;
 Mixed-use projects with 2/3 of the square footage dedicated to residential units; and  Transitional or supportive housing projects.

Applicants may seek exceptions or modifications to these standards by electing to process the development application through a discretionary review process. Generally, these standards will apply to all new residential development within the City, as well as qualifying modifications to existing developments. Objective Design Standards are applicable to projects requesting approval pursuant to any provision of state law that references objective design standards (including, but not limited to, the Housing Accountability Act or other provisions of Planning and Zoning Law).

INTENT
These standards establish the priority criteria for how a site, building, landscaping, and other improvements shall be designed. These Standards are intended to provide design professionals, property owners, residents, staff, and decision-makers with a clear and common understanding of the City’s expectations for the planning, design and review of development proposals in Brentwood. These standards are pulled from a variety of sources. Where there is a discrepancy between standards amongst the various documents, the stricter requirement applies.

OTHER REQUIREMENTS
Building Standards, the City’s Public Works/Engineering Division Standard Plans and Specification, and other requirements included in the Municipal Code also apply, though not all are included herein, such as Stormwater Quality requirements.

Attachment 3

1. Single Family Subdivisions
Objective Design Standard

1.1 Subdivision Layout
A
Subdivisions, subdivision phases, streets, and blocks of single-family lots shall be arranged and staged such that no more than twenty-five (25) lots are developed with access from a single public roadway. Development of any additional lots will require construction of additional connecting roadway providing secondary ingress and egress. Twenty-six (26) to seventy-five (75) lots require two (2) access roads; seventy-six (76) to one hundred seventy-five (175) lots require three (3) access roads, and one hundred seventy-six (176) or more lots require four (4) access points.

B
The maximum length of cul-de-sacs shall be six hundred feet (600') and no more than twenty-five (25) single-family residential units shall have access off any individual cul-de-sac.

C
Utility distribution facilities as defined in the BMC are required to be undergrounded within all areas of the City as identified in the Brentwood Municipal Code Section 16.120.120.

D Provide a minimum setback of 30 feet between sound walls and bordering arterial and collector streets.

1.2 Subdivision Landscaping
A
All street trees or parking lot trees must be a minimum of 24-inch box size. In other areas, proposed trees must meet the following standards:

1. 1-14 trees proposed: 50 percent must be 24-inch box size minimum, remainder must be 15 gallon size minimum.

2. More than 14 trees proposed: Of the first 14 trees, seven trees must be 24-inch box size minimum, and the remaining seven trees must be 15 gallon minimum size. Thirty percent of the remaining trees proposed must be 24-inch box size minimum, and the remainder must be 15 gallon size minimum.

B All proposed shrubs except accent, color, or ground cover planting, must be a minimum of 5 gallon size.

C
For detached residential projects, the front setback must maintain a minimum of 50 percent of its surface area as general planting (lawns, shrubs, trees and ground cover). A minimum of one tree must be provided per lot within the front setback, plus 2 additional trees on the side of corner lots D
Landscaping plans must show all obstructions (including street lights, meters, backflow devices, utility covers, and transformers) that affect plant placement and installation limitations.

E All street trees must be planted and installed per the City’s Public Works/Engineering Division Standard Plans and Specification.

Attachment 3

1. Single Family Subdivisions
Objective Design Standard

1.3 Subdivision Architectural Diversity
A Residential projects must provide a minimum of one distinct plan with four distinctive elevations for every 25 units.

B Within single-family developments, at least 50 percent of corner lots must be single-story units.

C
Within single-family developments, at least 50 percent of lots backing up to a Major Arterial street, as identified in the General Plan, must be singlestory.

D Within single-family developments, at least 25 percent of all units must be single-story.

E Within single-family developments, at least 10 percent of all units must have side-loaded or an alternative to a front-facing garage configuration.

F Within single-family developments, no more than 50 percent of the front elevation of a house may consist of garage area.

2. Single-Family, Two-Unit Housing Developments, and Urban Lot Splits Objective Design Standard

2.1 Two-Unit Housing Developments and Urban Lot Splits Development Standards A
If all applicable development standards contained in the single-family residential zone in which the primary dwelling unit is located cannot be met, then the maximum size of a primary dwelling unit is 800 square feet.

B
If all applicable development standards contained in the single-family residential zone in which the primary dwelling unit is located cannot be met, then the maximum height permitted of a primary dwelling unit is one story, not to exceed 15 feet to the highest ridge or top of the structure, including parapet.

C
No setback shall be required for an existing primary dwelling unit, or a primary dwelling unit constructed in the same location and to the same dimensions as an existing primary dwelling unit.

D
All primary dwelling units must comply with the minimum front setback standards established for the single-family residential zone in which the unit is located.

Attachment 3

2. Single-Family, Two-Unit Housing Developments, and Urban Lot Splits Objective Design Standard
E
Each primary dwelling unit constructed as part of a two-unit housing development not within an existing structure or constructed in the same location and to the same dimensions as an existing structure must maintain a minimum of four feet to interior side and rear property lines.

F
All low-rise residential buildings must have a photovoltaic (PV) system meeting the minimum qualification requirements as specified in 2019 California Energy Code Section 150.1(c)(14) Joint Appendix JA11, with annual electrical output equal to or greater than the dwelling's annual electrical usage as determined by Equation 150.1-C: ANNUAL PHOTOVOLTAIC ELECTRICAL OUTPUT kWpv = (CFAxA)/1000+(NDwellxB), and Exceptions 1-5 to Section 150.1(c)(14).

G
If a primary dwelling unit is located in the side or rear yard otherwise established for the zoning district by BMC Chapter 17.100, the maximum height of the portion of a primary dwelling unit located between the four-foot setback line established in BMC Chapter 17.797 and the limit of the rear, side, or street side yard area established by BMC Chapter 17.100 is 15 feet, as measured from the lowest grade adjacent to the structure to the highest ridge or top of the structure, including parapet. If the primary dwelling unit is proposed entirely outside of the rear, side, or street side yard area as established by the zoning district in BMC Chapter 17.100, the maximum height of the unit will be the same as that established by the zoning district, and measured as specified in BMC Chapter 17.100 for primary structures.

H
The upper stories of primary dwelling units must be separated from any structure on adjacent parcels by the following standards:

1. Where both the primary dwelling unit and the structure on the adjacent property are two or more stories, a minimum separation of 10 feet must be provided between the upper stories of the primary dwelling unit and the upper stories of the structure on the adjacent property.

2. Where only the primary dwelling unit is two or more stories and the structure on the adjacent parcel is one-story, a minimum separation of 10 feet must be provided between the upper stories of the primary dwelling unit and the structure on the adjacent property.

3. For the purposes of this section, separation will be measured from the wall of one structure to the wall of the other structure, excluding architectural projections.

I
For the purpose of this section, accessory buildings do not include accessory dwelling units. Dwelling units must be separated from accessory buildings on the same parcel, parcels resulting from an urban lot split, or adjacent parcels by a minimum of four feet, except that the distance between a main building or home and an accessory building shall be allowed to be closer than four feet if all of the following conditions are met:

1. These separation requirements would cause the primary dwelling unit to conflict with the minimum setbacks or unit size otherwise allowed by BMC Chapter 17.797.

2. All of the requirements of the Building and Fire Codes are met.

Attachment 3

2. Single-Family, Two-Unit Housing Developments, and Urban Lot Splits Objective Design Standard

3. If accessory buildings are not located closer than five feet to any side or rear property line.

J
One off-street, covered parking space must be provided per unit, except if the parcel is located: (1) within one-half mile walking distance of either a high-quality transit corridor or a major transit stop; or (2) within one block of a car share vehicle. Transit frequency will be based on the schedule posted by Tri Delta Transit at the time of the issuance of the first “completeness” letter issued by the city following submittal of the application.

Vehicle parking spaces may not: (1) be located within a front, side, or street side yard setback; (2) be a tandem space; or (3) be provided in a driveway. Vehicle parking spaces must meet the minimum dimensions set forth in BMC Chapter 17.620 (‘Off-Street Parking’).

K
Development standards set forth in a planned unit development apply to any two-unit housing development or urban lot split except that any such planned unit development standard cannot be applied if it would either: (1) result in a conflict with standards set forth by state law for a two-unit housing development; or (2) preclude a two-unit housing development that meets the applicable requirements of state law or this chapter.

2.2 Single-Family, Two-Unit Housing Developments, and Urban Lot Splits Architecture A
Primary dwelling units must meet the following standards for roof forms and detailing:

1. A sloped roof are defined as a gable, hip, cross gable roof, or any combination thereof. Mansard roofs are prohibited.

2. Floor areas under sloped roofs are allowed to be designed for habitable use, provided that they comply with floor area maximums.

3. Roofs for primary dwelling units that result from alteration or addition to an existing main structure must match the existing slope, form, and materials of the main structure.

4. Roof material and color must be consistent throughout the entirety of the roof within each new or modified building that is part of the primary dwelling unit. Metal roll and standing seam roofing shall be prohibited, except where their use is documented on existing adjacent structures.

5. A minimum of 25 percent of the roof area must include any combination of hip, gable, and/or shed dormers.

6. The roof styles and materials of garages and carports must match the materials and detailing of main and accessory structures.

7. Roofs must include projecting eaves and gable rakes. All roofs must have a minimum twelve-inch eave overhang and shall have a pitch of not less than a four-inch vertical rise for each twelve-inch horizontal run.

B
If a unit has stairs leading to an upper story, the staircase must be fully enclosed within the interior of the primary dwelling unit. A staircase on the exterior of a primary dwelling unit is not permitted.

Attachment 3

2. Single-Family, Two-Unit Housing Developments, and Urban Lot Splits Objective Design Standard
C
Upper story windows located closer than 25 feet from and facing an existing primary residence on an existing adjacent property must be located to maximize privacy for adjacent properties by using at least one of the following techniques:

1. The sill height must be located a minimum of 60 inches above the finished floor.

2. The location of the window is such that the centerline of the glazing is offset greater than 15 lateral feet from the centerline of any glazing on an existing adjacent primary structure.

3. Any window sash located partially or entirely below 60 inches from the finished floor must consist of frosted or obscured glazing. a) As used in this section, frosted or obscure glazing is glass that is patterned or textured such that objects, shapes, and patterns beyond the glass are not easily distinguishable.
b) As used in this section, the 25-foot measurement shall be measured from the wall of one structure to the wall of the other structure, excluding architectural projections.

D
Fences, walls, and hedges must meet the requirements identified in BMC Chapter 17.630.009, except that chain link, barbed wire, and razor wire fencing are prohibited.

E
Housing units positioned along any street frontage must meet the following requirements:

1. A minimum of one unit on each lot must have the front entry door facing the street.

2. Where the housing development comprises two side-by-side detached units positioned along the street frontage, each unit must have the front entry door facing the street. Corner lots with two or more street frontages must orient the primary dwelling units so that each unit faces a different street.

3. Where two units are proposed to be attached and are located on an interior lot, one of the two units must have its front entry door facing the street, and the other unit must have its front entry door on the building side or rear. On a corner lot, it is encouraged, but nor required, for the two front entry doors to respectively face the front and street side. In no case, whether on an interior or a corner lot, may the front entry doors to two attached units be located on the same façade.

4. The floor elevation of the housing unit must be a maximum of twenty-four inches above the finish grade of the lot.

5. Street-facing front entries must be clearly identifiable and connected to the public street by a pedestrian path with a minimum width of four feet.

Attachment 3

2. Single-Family, Two-Unit Housing Developments, and Urban Lot Splits Objective Design Standard

6. Street-facing entries must provide either a projecting entry with a minimum clear depth of six feet or a porch or patio that is a minimum of seven feet wide and six feet deep. Unroofed porches or patios, with three open sides, may be located no closer than 12 feet from a front property line, may not extend more than eight feet into a required front yard or side yard on the street side of a corner lot, and may not be closer than three feet to an interior side or rear property line, provided that the height, including railings, shall not exceed six feet above the grade of the ground at the property line.

7. Street-facing doors must provide six square feet of glazing through any combination of door glazing, sidelights, or transoms.

8. Provide at least one architectural projection per unit with a minimum size of two feet, six inches deep by fifteen feet wide.

F
Mechanical and utility equipment must be concealed from view of the public right-of-way and must be placed behind a solid side or rear yard fence.

Roof mounted equipment is prohibited.

G
Any tree that is twenty-two inches in diameter at breast height or larger removed for construction of a dwelling unit must be replaced on-site with a twenty-four inch box tree.

H
Front yards and unfenced side yards adjacent to a street shall be landscaped in conformance with the standards set forth in Sections 17.630.008(H) through (N). Landscaping shall be installed within eighteen months of occupancy of that housing unit.

I Refuse containers shall not be located within private driveways or be visible from the public right-of-way.

J
Windows and glazing areas of units must comply with the following:

1. Windows must conform to the following:
a) Tinted windows and colored glazing are prohibited.
b) Plastic glazing is prohibited for windows and skylights. c) Simulated mullions are allowed only when mullions are located on both the inside and outside faces of the glazing. d) Windows located in stucco walls must be recessed a minimum of two inches. e) All windows must provide exterior trim with a minimum dimension of ¾-inch deep by 3 inches wide. f) Windows located in wood clad masonry walls must provide surrounding wood trim with a minimum ¾-inch depth and width of 3 inches.

Attachment 3

2. Single-Family, Two-Unit Housing Developments, and Urban Lot Splits Objective Design Standard

2. Exterior wall planes exceeding 250 square feet in area must provide glazing for 30 percent of the total wall area.

K
Building facades and materials:

1. 100% of all elevations must contain features to provide visual interest through a combination of at least two of the following:
a) Volumetric elements with a minimum projection of 24 inches beyond the plane of the façade with use of window bays, building recesses, or porches with columns.
b) Façade elements with a minimum depth of four inches with the use of window boxes or by offsetting a change in façade material with use of wainscot or water table.
c) 50% of all two-story houses must have a minimum three-foot horizontal plan offset.

2. Primary dwelling units must be composed of durable, quality materials as hereby identified:
a) The following façade materials are prohibited: T-111 and similar plywood siding; corrugated and standing seam metal; and vinyl and plastic siding.
b) All roofing materials must be tile.
c) When stucco is used, it must be used in combination with at least one other wall material, which must comprise at least 20% of the building frontage, excluding windows and railings.
d) Durable and fire-resistant alternatives for traditional materials are allowed as follows: fiber cement siding is permitted as a substitution for wood shake, horizontal siding, or board and batten paneling; and cement S-tile roofing is permitted as a substitute for clay tile.

3. Transitions for both material and color must be located at interior corners.

4. All siding material must extend to a maximum of ten inches from the finish grade of the lot.

5. A minimum of two exterior building colors must be used on each unit at the street-facing façade. Primary dwelling units with no street-facing façade must designate a front façade to meet this standard.

L Primary dwelling units must comply with the following landscaping requirements:

Attachment 3

2. Single-Family, Two-Unit Housing Developments, and Urban Lot Splits Objective Design Standard

1. Lots with aggregate landscaped area equal to or greater to 2,500 square feet must comply with BMC Section 17.630.010 (‘Adoption of the Model Water Efficient Landscape Ordinance’).

2. Landscaping used to screen views of storage areas, trash enclosures, mechanical or HVAC equipment, irrigation and plumbing equipment, and transformers must be no more than a maximum of 42 inches in height.

M
Primary dwelling units must comply with the following lighting requirements:

1. Applicants must provide the following information for proposed exterior lighting fixtures:
a) Manufacturer cut sheets with Backlight/Uplight/Glare (B.U.G.) rating b) Lighting locations indicated on building or site plans c) Mounting heights for all proposed exterior fixtures. d) Exterior lighting fixtures must provide a maximum B.U.G. rating of B3 U0 G1.

2. Lighting must be recessed or hooded, downward directed, and located to illuminate only the intended area.

3. Lighting must not extend across a property line, including any property lines that result from a proposed urban lot split.

N
Garages constructed for units must meet the following standards:

1. Front or side-entry attached garages are permitted but must comply with the standards identified in BMC Section 17.100.004 (‘Design criteria – Single-family residence’). An attached, front-entry garage shall be set back at least 4 feet behind the front plane of the structure to which it is attached.

2. Garage doors located in stucco walls must be recessed a minimum of four inches from the surrounding building wall.

3. Garage doors located in wood clad (or similar) siding, or masonry walls must provide surrounding wood trim with a minimum of three inches.

O
Sites containing a septic tank system must provide evidence of a percolation test within the last five years, or if the percolation test has been recertified, within the last ten years.

P
Housing units must comply with applicable Building and Fire Code safety standards such that each structure is sufficient to allow for its separate conveyance.

Attachment 3

3. Multi-Family Site Development
Objective Design Standard

3.1 Multi-Family Site Parking, Access and Circulation
A
Where pedestrian circulation crosses vehicular routes, a change in grade materials, textures or colors must be provided to emphasize the conflict point and improve its visibility and safety.

B
Enhanced paving treatment using patterned and/or colored pavers, brick, or decorative colored and scored concrete must be used as follows:

1. Entry Drives - Minimum 12 feet deep across the width of each entry drive.

2. Pedestrian Crossings - Minimum one foot wider than connecting walkways across the length of the intersecting primary and side streets.

C Pedestrian pathways must be separated from automobile circulation routes.

D
For multi-family and mixed use developments, the ratio of bicycle parking to auto parking spaces shall be 5% (BMC 17.620.013) and must be located as follows:

1. For mixed-use developments, bicycle parking spaces must be provided within the commercial development in convenient and secure locations within 50-feet of the entrance to the commercial use.

2. Within multi-family developments, bicycle parking spaces must be located within 20’ of a common area, such as laundry facility, lobby, management office, or rec-room.

E Continuous Portland cement concrete curbing and vehicle stall striping must be provided for all parking areas.

F Driveway entrances must provide 10-foot clear behind sidewalk prior to starting the first parking space.

G
Controlled entrances to parking facilities (including gates and doors) must be located a minimum of 20 feet from the back of sidewalk, in order to accommodate one vehicle entering the facility.

H
Except for garage entrances, structured parking must not be visible from the street, or any adjacent public park, publicly accessible outdoor space or designated open space area. The public right-of-way must be lined with residential uses on all levels, except that commercial may be used on the ground floor when allowed by zoning.

I
Structured parking must be designed such that interior lighting shall be fully shielded and automobile headlamps must not be visible from adjacent buildings, parcels, streets, public parks, publicly accessible outdoor space or designated open space area.

Attachment 3

3. Multi-Family Site Development
Objective Design Standard
J
For multi-family developments, parking shall be provided consistent with BMC Section 17.620. All required guest parking spaces must be located outside of any security gates or other access limitation devices, unless provisions are made to allow a resident to remotely communicate with and provide access to the visiting guest (such as through an intercom and remote control gate, or other similar devices).

K Parking must not be located between the structure frontage and a public sidewalk.

3.2 Multi-Family Site Design
A
Utility distribution facilities as defined in the BMC are required to be undergrounded within all areas of the City as identified in the Brentwood Municipal Code Section 16.120.120.

B
Electrical transformers and similar Utility distribution facilities as defined in the BMC must be undergrounded or placed in the rear of the site. If undergrounding is infeasible due to preexisting site conditions such as high water table, the facility must be enclosed within the building or fully screened from view. Screening must use solid materials, such as berming or enclosures rather than reliance on solely on plant materials.

C
Rooftop mechanical and electrical equipment, microwave antennae, or building elements to screen rooftop mechanical and electrical equipment, microwave antennae must be designed as an integral part of the building architecture using the same colors and materials of the main building.

D
Parapets must be provided around the perimeter of a flat roof and must be high enough to screen all rooftop mechanical equipment from visibility from a public area or along the public right-of-way. Parapets must be at least six inches above the tallest rooftop equipment.

E Chain link, barbed wire, and razor wire fencing are prohibited.

F
Trash enclosures must be constructed of sturdy, durable, opaque materials, with trash receptacles screened from view. All enclosures must be consistent with the City’s Solid Waste Plan Guide & Enclosure Standards. Trash enclosures must include adequate, accessible and convenient areas for collecting and loading recyclable materials. Dimensions of the recycling area must accommodate receptacles to meet the recycling needs of the project.

G Areas for collecting and loading recyclable materials must be adjacent to the solid waste collection areas.

H
Exterior light of the building and site must be designed so that light is not directed off the site and the light source is shielded from direct offsite viewing.

3.3 Landscape Design

Attachment 3

3. Multi-Family Site Development
Objective Design Standard
A
Dense landscaping and/or architectural treatments must be provided to screen views and features of storage areas, trash enclosures, freeway structures, transformers, generators, and other similar elements.

B
Electrical transformers that are installed as part of a new project must be located to the rear of the site or undergrounded. Existing transformers located at the front of the site must be fully screened by landscaping and/or an architectural barrier.

C
Required stormwater treatment facilities can be located in publicly accessible outdoor spaces, but must not be located in private outdoor spaces (shared or private), public rights-of-way, or public access easements. Exceptions include:

1. Permeable paving (as defined by applicable stormwater management standards), which can be used in shared or private open space.

2. Landscaped required stormwater treatment planters, which may occupy up to 15% of the shared open space.

D
Landscaping must permit sight distance for motorists and pedestrians entering and exiting a site consistent with the Visibility Requirements within the City’s Public Works/Engineering Division Standard Plans and Specification and may not interfere with circulation patterns.

E
Landscape planting areas must be provided an average of every of thirty feet apart within a surface parking lot to provide visual relief and summer shade. (BMC 17.630)
F
Reinforced Portland cement concrete curbing must be used at the edges of all planters and paving surfaces adjacent to auto circulation or parking areas.

G
Planters and tree wells must have a width of not less than five feet and shall be protected from automobile overhang through the provision of tire stops or other barriers approved by the city. (BMC 17.630) H
Trees must be planted and maintained throughout all surface parking areas to ensure that, within 15 years after establishment of the parking facility, at least 50% of the parking facility will be shaded. All planting, soil volumes, and maintenance must comply with the parking facility tree shading design and maintenance guidelines.

I
All street trees and parking lot trees must be a minimum of 24-inch box size. In other areas proposed trees must meet the following standards:

1. 1-14 trees proposed: 50 percent must be 24-inch box size minimum, remainder must be 15 gallon size minimum.

2. More than 14 trees proposed: Of the first 14 trees, seven trees must be 24-inch box size minimum, and the remaining seven trees must be 15 gallon minimum size. Thirty percent of the remaining trees proposed must be 24-inch box size minimum, and the remainder must be 15 gallon size minimum.

Attachment 3

3. Multi-Family Site Development
Objective Design Standard
J All proposed shrubs except accent, color, or ground cover planting, must be a minimum of 5 gallon size.

K
Landscaping plans must show all obstructions (including street lights, meters, backflow devices, utility covers, and transformers) that affect plant placement and installation limitations.

L All street trees must be planted and installed per the City’s Public Works/Engineering Division Standard Plans and Specification.

3.4 Multi-Family Architecture
A
The primary wall material (the material covering the largest percentage of surface area of any building face or elevation) must be wood, stone, brick, stucco, fiber cement or other cementitious material, or composite wood or stone. T1-11 siding and other siding that use plywood (with the exception of board and batten) are prohibited. Thin layer synthetic stucco products may not be used within 8 feet of ground level unless specially reinforced or located away from pedestrian accessible areas.

B Developments must incorporate a minimum of two building materials on each structure elevation.

C
All vents, gutters, downspouts, flashing, electrical conduits, etc., must be painted to match the color of the adjacent surface, unless being used expressly as a trim or accent element.

D
Soffits and other architectural elements visible to the public but not detailed on the plans must be finished in the same material as other exterior materials used on the building.

E Approved address numbers must be provided so that they are legible to the public from the street fronting the property.

F
Garage doors must be recessed into the garage wall, with a minimum of four inches provided between the face of the garage door and the adjacent primary wall plane, to accentuate shadow patterns and relief.

G
Building facades visible from any street frontage, adjacent public park, publicly accessible outdoor space, or designated open space, may not extend more than 40 feet in length without a five-foot variation in depth in the wall plane utilizing varying setbacks, building entries and recesses, courtyards or structural bays. Major breaks shall be a minimum of 5 feet deep and 10 feet wide, and must extend at least two-thirds of the height of the building. Exceptions include:

1. For buildings with upper stories (above first floor) stepped back at least five feet, the major break need only extend two-thirds of the height of the portion of the front façade that is not stepped back.

Attachment 3

3. Multi-Family Site Development
Objective Design Standard
H
Buildings greater than two stories must be designed to differentiate a defined base, a middle or body, and a top, cornice, or parapet cap.

Buildings less than two stories must include a defined base and top.

I
Rooflines must be vertically articulated at 30-foot minimum intervals along the street frontage through one of the following techniques:

1. A change in height of a minimum four feet;

2. A change in roof pitch or form; or

3. The inclusion of dormers, gables, parapets, varying cornices, and/or clerestory windows.

J When a pitched roof is used, all roofing material must be of tile materials.

K
Primary building entrances and associated paths of travel must be visible from the adjacent street with a minimum recess or projection of 48 square feet in area.

L
Within any mixed-use project, any mixed-use building street frontage greater than 150 feet in length must have multiple pedestrian entrances to access the businesses or residences in the building. The maximum distance between building entrances along the same frontage will be no more than 75 feet.

M
Blank walls (facades without doors, windows, or landscaping treatments) must be less than 30 feet in length along sidewalks, pedestrian walks, or publicly accessible outdoor space areas.

N
Storefronts in new mixed-use developments must contain clear openings and windows or a minimum of 60% of the total area of the first floor facades facing sidewalks, pedestrian walks, or publicly accessible outdoor space areas.

O
Structure Height (adjacent to existing residential). The side and rear walls of any structure within 10 feet of a required setback must not be more than two stories higher or lower than the directly adjacent existing residential structure. Structures that exceed this height requirement shall stepback upper floors so that the wall plane does not fall within 10 feet of a required setback adjacent to existing residential.

P
Publicly visible walls more than 20 feet in length along any street frontage or front elevation, or 30 feet along an interior rear or side elevation, must be articulated by at least three of the following features:

1. doors and windows recessed by a minimum of two inches;

2. exterior arcades or other ground floor building recessions that provide sheltered walkways within the building footprint. These features must have a minimum area of 48 square feet;

Attachment 3

3. Multi-Family Site Development
Objective Design Standard

3. variations in wall plane (projection or recess) by a minimum of two feet in depth;

4. a recessed or projected entry with a minimum area of 24 square feet; or

5. vertical elements, such as pilasters, that protrude a minimum of six inches from the wall surface and extend the full height of the structure.

Q
Exterior stairwells may not be oriented to the street. For safety and security, exterior stairwells must be oriented to interior spaces, such as plazas and gathering areas, parking areas, and pedestrian pathways and not be separated from these areas by landscaping, fences, or walls taller than three feet.

R
If the elevation facing a public or private street is longer than 50 feet, no more than 50 percent of a building façade must be on a single plane. An average of a five-foot offset, with a minimum of one foot offset, is required for the remaining 50 percent of the building façade.

S
Elevations not facing a public or private street must have no more than 75 percent of a building façade on a single plane. An average of a five-foot offset, with a minimum of one foot offset, is required for the remaining 25 percent of the building façade.

T
Buildings over three stories must provide a ground floor elevation that is distinctive from the upper stories by providing a material change between the first floor and upper floors along at least 75% of the building façade with frontage upon a public or private street, adjacent public park or public open space.

3.5 Useable Open Space – Private and Shared
A
Residential projects must provide and maintain private and shared open space as follows:

1. A minimum of five hundred square feet of usable open space must be provided for each dwelling unit on a lot.

2. A minimum of seventy-five percent of the dwelling units on a lot must be provided with private usable open space as follows:
a. Private usable open space must be directly accessible from the unit served and available only to that unit. b. Ground level private usable open space must have a minimum area of one hundred square feet and a minimum dimension of eight feet, furthermore, no more than fifty percent of that area may be covered by a roof or second story balcony or deck. c. Private usable open space above the ground level must have a minimum area of sixty square feet and a minimum dimension of six feet, furthermore, no more than fifty percent of that area may be covered by a roof, balcony or deck.

Attachment 3

3. Multi-Family Site Development
Objective Design Standard

3. Shared usable open space must be available and accessible to all occupants of the residential project for purposes of active and/or passive outdoor recreation, exclusive of driveways, areas for off-street parking and services, and exclusive of the required front yard setback as follows:
a. A minimum of seventy-five percent of the shared usable open space must be at ground level, the remainder may be located above ground on a balcony or roof deck.
b. Ground level shared usable open space must have a minimum dimension of twelve feet and shall not be covered by any roof, balcony or other such covering.
c. Shared usable open space above ground level must have a minimum dimension of ten feet and minimum area of two hundred square feet, which must be unobstructed and shall not serve as access to any residential unit. A maximum of twenty-five percent of the aboveground level shared open space may be covered.

Usable open space may be provided as a combination of “private” and “shared” outdoor spaces, defined as follows:
• "shared" outdoor space is provided with shared access for all building tenants. This includes courtyards, gardens, play areas, outdoor dining areas, Recreation amenities, rooftop amenities.
• "private" outdoor space is provided with direct access from the dwelling unit which it serves. This includes balconies, private gardens, private yards, terraces, decks, porches.

B
Within the required shared outdoor spaces areas as required in Standard 3.5.A, amenities are required to be provided as follows:

Number of Units in Development Passive Recreation Amenities Active Recreation Amenities 11-30 2 with a minimum area of 300 sq. ft.
total
1 with a minimum area of 500 sq. ft. total
31-60 2 with a minimum area of 400 sq. ft.
total
2 with a minimum area of 800 sq. ft. total
61-100 2 with a minimum area of 500 sq. ft.
total
2 with a minimum area of 1,200 sq. ft. total

Attachment 3

3. Multi-Family Site Development
Objective Design Standard
Amenity types are defined as follows:

Passive Recreation Amenities. Passive recreation amenities include community gardens, outdoor gathering/seating area, picnic/barbeque area, pet area/dog park, or courtyard/ plaza. Each passive recreation area shall include a minimum seating capacity of one for each 10 units and at least one of the following: trellis, gas fire pit, BBQ, or picnic table Active Outdoor Amenities. Active recreation amenities include playground/tot lots, sport court/field, outdoor fitness area, swimming pool, exercise structure or complex, clubhouse w/kitchen, recreation hall. 101+ 2 with a minimum area of 600 sq. ft.
total
2 with a minimum area of 2,000 sq. ft. total
C
Unless located on the rooftop, shared outdoor spaces must be designed to be visible from inside the building, such as windows located at building entrances and/or dwelling unit windows.

D
Up to 15% of the shared outdoor space may be landscaped using required stormwater treatment planters that are contiguous with the common outdoor space.

CITY COUNCIL AGENDA ITEM NO. F.2
08/08/2023
SUBJECT: Call for review of the Planning Commission's decision to approve applications for Vesting Tentative Subdivision Map and Design Review for Trumark Trailside
DEPARTMENT: Community Development Department
STAFF: Alexis Morris, Director of Community Development Jennifer Hagen, Senior Planner

TITLE/RECOMMENDATION
Staff recommends that the City Council adopt resolutions affirming the Planning Commission approvals of Vesting Tentative Subdivision Map No. 9610 and Design Review No. 22-006 for Trumark Trailside, as further conditioned.

The project includes a Vesting Tentative Subdivision Map (VTSM 9610) to create 63 single-family residential lots, one bio-retention basin, one open space lot adjacent to Sand Creek, and other related improvements. The project also includes a design review (DR 22-006) for the homes to be constructed on the 63 lots (including 57 single-family detached homes and six affordable duets). The project is located at 1777 Apricot Way (APNs 019-092-013 and 019-092-034).

Pursuant to the California Environmental Quality Act, Section 15183, the project is consistent with the development density established by a Community Plan, General Plan, or Zoning for which an environmental impact report (EIR) has been certified.

An EIR was prepared and certified by the City Council as part of the Brentwood General Plan (SCH# 2014022058) in 2014. Therefore, no further environmental analysis is required, as the proposed Vesting Tentative Subdivision Map is consistent with the General Plan.

FISCAL IMPACT
The project proponent, Trumark Homes, has paid a total of $48,600 for applications related to the project. There are no fees associated with a call for review.

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

CITY COUNCIL AGENDA ITEM NO. F.2
08/08/2023
Trumark Homes is requesting a vesting tentative subdivision map (VTSM 9610) to create 63 single-family residential lots, one bio-retention basin, one open space lot adjacent to Sand Creek, and other related improvements. The project also includes a design review (DR 22-006) for the homes to be constructed on the 63 lots (including 57 single-family detached homes and six affordable duets). The duet units would have an average lot size of 4,188 square feet and the remaining 57 residential lots would range from 8,000 to 13,674 square feet in size, with the exception of one larger estate lot located along the eastern edge of the site (adjacent to the existing Ranchette Estate-zoned lots) that would be 30,000 square feet in size.

The project includes six affordable units; two reserved for very low-income households, two reserved for low-income households, and two reserved for moderate-income households. The applicant is not proposing to utilize the State Density Bonus law, and is complying with the City’s density transition and mid-point policies as outlined in the General Plan.

A detailed analysis of the project is included as part of the June 20, 2023, Planning Commission staff report, which is attached for the City Council’s review and reference (see Attachment 6).

Planning Commission Meeting of June 20, 2023
On June 20, 2023, the Planning Commission considered Vesting Tentative Subdivision Map No. 9610 and Design Review No. 22-006 for Trumark Trailside. Prior to the meeting, staff received two public comments that were distributed to the Planning Commission for consideration. After presentation of the staff report and comments from the applicant, the Planning Commission opened public comment and took testimony from four members of the public. One speaker expressed concerns with the traffic and access through the existing neighborhood and requested that the project be accessed directly off of Sand Creek Road or Fairview Avenue. The neighbor directly to the east spoke requesting clarification on the fencing, access, and home layout of the properties directly adjoining her property. One speaker requested clarification on mailbox and fence installation throughout the project and lastly, one speaker noted concerns about the project architecture, contending that the design of the homes needed to be revised to meet the Residential Design Guidelines.

After the close of the public hearing, the Planning Commission discussed the circulation and access into the development and asked staff to provide clarification on the traffic and circulation and whether there were any other alternative access routes. Staff confirmed that, as currently designed, the project met all City requirements for access and circulation by providing two access points into the development, and that a Traffic Analysis was completed for the project which indicated that the project was consistent with the impacts analyzed in the General Plan and anticipated for the project site. In addition, staff clarified that providing access directly to Sand Creek Road or Fairview Avenue was not feasible since the parcel did not have direct access or easements to either street.

CITY COUNCIL AGENDA ITEM NO. F.2
08/08/2023
The Planning Commission also requested clarifications on the applicability of the City’s Residential Design Guidelines to the project and expressed concerns with the design of the proposed homes. It was asked if there was precedent related to approving “single-story profile” homes instead of true single-story homes, in which staff clarified that, at the Planning Commission’s discretion, single-story profile homes had been approved in-lieu of true single-story homes for other projects in the past. In addition, questions were raised regarding flat elevations on various proposed plan types, as well as clarification on the roof material. The applicant clarified that although the roofing plans noted concrete tile and the color schemes document reflected composition roofing that they were supportive of either as directed by the Design Review Subcommittee.

After the Planning Commission’s deliberation, a motion was made to approve the vesting tentative subdivision map, which passed by a 4-1 vote. The Planning Commission then discussed modifying condition #11 of the Design Review application to require specific changes be made to the architecture of the homes and that the changes be considered by the Design Review Subcommittee. The requested changes included the following:
a. Enhance the Plan 3 left elevation;
b. Enhance the rear elevation of the duet units;
c. Provide clarification on the roof materials for each plan at the discretion of the Design Review Subcommittee; and
d. Review side elevation transitions on the corners of all plans.

With the modified condition formally added, a motion was made to approve the Design Review application, which passed by a 5-0 vote. These actions started the 10- day appeal period.

On June 29, 2023, Council Member Mendoza filed a timely call for review per Brentwood Municipal Code (BMC) Section 17.880.030. On July 21, 2023, the applicant provided a response to the call for review, which is included as Attachment

1. Per BMC Section 17.880.030, a call for review is required to be heard before the appellate body within 45 days of being filed, unless both the applicant and appellant consent in writing to a later date. In this case, the call for review is being considered 40 days from when it was received, within the required timeframe.

ANALYSIS
The June 20, 2023, Planning Commission staff report, draft meeting minutes, and public comments received via email before and after the publication of the Planning Commission packet are attached for the City Council’s review and reference (see

CITY COUNCIL AGENDA ITEM NO. F.2
08/08/2023
Attachments 6, 7, and 8). The attached staff report explains in detail how the project is consistent and complies with the City’s General Plan and zoning requirements.

The main concern expressed during the June 20, 2023 meeting was related to the design of the homes and the consistency with the City’s Residential Design Guidelines. The current Residential Design Guidelines were adopted by the City in 2006 in an effort to articulate the importance of high-quality design that complements and enhances the existing fabric of the community. The guidelines as currently written specifically state that “These may not apply in all individual cases to all housing types, but provide guidance for those elements that most frequently occur regardless of housing type or density.” While the guidelines have helped to articulate the community’s vision in the past, since they were adopted to provide “guidance” and not as development standards, they are currently difficult to enforce. In addition, many of the guidelines are subjective and may be argued to contain ambiguous or unclear standards for the review of new development, which has not always resulted in consistent interpretations over time.

Based on the Planning Commission’s approval, the applicant would be required to revise the architectural plans to address the four identified areas of concern included in the modified condition #11, and present them to the Design Review Subcommittee, which consists of two appointed Planning Commissioners. The Design Review Subcommittee would then be tasked with approving the applicant’s final Design Review modifications. However, since the application was called for review as a “de novo” hearing, the application would not go back to the Design Review Subcommittee if the City Council upholds the Planning Commission approval by adding or amending any conditions.

The applicant has indicated that they are supportive of the Planning Commission’s request to make changes in the four identified areas as modified in condition #11 including clarifying the plans to reflect that all roofs will be tile and are now awaiting the City Council call for review before moving forward. Based on this, staff has modified condition #11 from what was approved by the Planning Commission, clarifying that the roof material be tile for all home plans, instead of providing clarification on the roof materials for each plan at the discretion of the Design Review Subcommittee as originally approved.

Conclusion
According to the Municipal Code, a call for review results in a de novo or new hearing.

The City Council, sitting as the appellate body, is thus required to make specific findings supporting its decision, be it upholding the lower body’s decision, modifying it, or reversing it.

The following outlines the options for the City Council when considering the call for review:

CITY COUNCIL AGENDA ITEM NO. F.2
08/08/2023

1. If the call for review results in a project approval, the existing entitlements would be affirmed, as they were approved by the Planning Commission on June 20, 2023, including the staff modification to condition #11(c) and any other appropriate conditions considered by the City Council by adopting the draft resolutions as attached. If the City Council were to add or amend conditions governing the concerns originally envisioned to be addressed by the Design Review Subcommittee, the project would no longer need to pass through that body for review.

2. If the call for review results in a project denial, the City Council would provide findings for the denial and the item would return to the City Council at a subsequent meeting to adopt a resolution formally denying the project.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
No Previous Action.

DATE OF NOTICE
The City of Brentwood published a public hearing notice in the Brentwood Press and mailed it to all property owners within 300 feet of the site on July 28, 2023. Prior to the Planning Commission hearing, staff received two public comments, which have been included in Attachment 8. As of the agenda publication, staff has not received any additional public comments on the application.

ENVIRONMENTAL DETERMINATION
California Environmental Quality Act (CEQA) Guidelines Section 15183 provides that projects that are consistent with the development density established by a Community Plan, General Plan, or Zoning for which an environmental impact report (EIR) has been certified “shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site.” An EIR was prepared and certified by the City Council in 2014 as part of the Brentwood General Plan (SCH# 2014022058).

As is more fully analyzed in the CEQA document that included as Attachment 9 for reference, as well as the associated appendices that are linked here, the proposed Project is consistent with the development density established by the General Plan EIR because the subdivision will result in new parcels at a density (3.0 units per acre)

CITY COUNCIL AGENDA ITEM NO. F.2
08/08/2023
consistent with the mid-range within the R-LD range of 1.1 to 5.0 units per acre.

Compliance with these standards has been included in the conditions of approval for the Project. No additional impacts to on-site resources have been identified beyond what was envisioned in the General Plan EIR. Therefore, no further environmental analysis beyond the Modified Initial Study is required as the requested entitlements are consistent with the General Plan.

ATTACHMENT(S)

1. Applicants Response to Call for Review

2. Draft Resolution – VTSM 9610

3. Draft Resolution - DR 22-006

4. Trumark Project Description

5. Trumark Plans

6. Planning Commission Staff Report w/o attachments

7. June 20, 2023 Planning Commission Draft Minutes

8. Public Comments

9. Trumark CEQA Analysis

29573594.1/518848.0013
Patricia E. Curtin
Director
[email protected]
1850 Mt. Diablo Blvd, Suite 340
Walnut Creek, California 94596
PH (510) 622-7660 | FX (510) 834-1928
fennemorelaw.com
July 21, 2023
Mayor Joel R. Bryant and Council Members
Brentwood City Hall
35 Oak Street
Brentwood, CA 94513
Re: City Council Meeting – August 8, 2023
Response to Call for Review of Trumark’s SB 330 Trailside Project VTSM 9610 and DR 22-006
Dear Mayor Bryant and Council Members:

This letter responds to Councilwoman Jolita Mendoza’s call for review of the Planning Commission’s unanimous approval of the vesting tentative map and design review for Trumark’s Trailside Project at 1777 Apricot Way. The Project consists of 62 single family homes (6 are affordable duets). The Project density is consistent with the land use designations in the General Plan and zoning.

As you are aware, to provide additional needed housing in our communities, the Legislature passed SB 330 (which included amendments to strengthen the Housing Accountability Act) to further promote housing approvals and restrict disapproval of housing projects. This Project falls within the protections of these new laws as explained in this letter.

I. SB 330 Mandates and Housing Accountability Act.

Since the Project is consistent with the General Plan and zoning, it was processed under the streamlining provisions of SB 330 and the protections in the Housing Accountability Act.

Under these laws, the City could not deny the Project (or reduce its density) since it is consistent with the General Plan, zoning, and objective, quantifiable, written development standards. The City could only deny the Project or reduce its density if it found 1) that it would have a specific, unavoidable impact on public health or safety based on objective and written standards in place, AND 2) there was no feasible method to satisfactory mitigate the identified impact. Gov’t Code §65589.5(j). These findings could not be made.

Trumark worked diligently with the City to create a project that was consistent with the City’s plans and objective standards that resulted in no impacts on public health or safety, thereby mandating Project approval consistent with the housing laws.

Attachment 1

Mayor Joel R. Bryant and Council Members
July 21, 2023

29573594.1/518848.0013
The City is afforded no deference in determining if the Project is inconsistent with City plans and applicable standards. A project is deemed consistent if there is substantial evidence that allows a reasonable person (not the approving body) to determine consistency. Gov’t Code §65589.5(f)(4). This new standard sets a higher bar to find inconsistencies. The burden of proof falls on the City to demonstrate inconsistencies.

As confirmed in the Planning Commission staff report and the CEQA Initial Study, and by the Planning Commission’s approval, the Project is consistent with all applicable objective standards and will not result in any significant and adverse impacts on public health or safety.

Thus, the Planning Commission was legally required to, and did, approve the Project. This same relational applies to the City Council’s review of the Project.

II. CEQA Compliance.

As thoroughly explained in the staff report to the Planning Commission, and as documented in the CEQA Initial Study that was prepared by the City’s consultant, the Project will not result in any environmental impacts beyond those already analyzed in the General Plan EIR. In addition, the CEQA Initial Study confirmed that no adverse impacts on health or safety would result from the Project. As a result, no additional environmental review was required and the finding to support a Project denial was confirmed not to exist.

The record confirms that the Project is consistent with all applicable City plans and standards and will not result in any significant adverse impacts on health or safety. Accordingly, the City Council is also legally obligated to uphold the approval of the Planning Commission.

Very truly yours,

FENNEMORE WENDEL
Patricia E. Curtin
PEC/slk
cc: Jennifer Hagen, Senior Planner
Pamela Nieting, Director of Community Development, Trumark Garrett Hinds, Vice President of Architecture, Trumark
Attachment 1

CITY COUNCIL RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A VESTING TENTATIVE SUBDIVISION MAP (VTSM 9610) TO ALLOW THE SUBDIVISION OF TWO PARCELS TOTALING 20.90
ACRES INTO 63 SINGLE-FAMILY RESIDENTIAL LOTS, ONE BIORETENTION BASIN, ONE OPEN SPACE LOT ADJACENT TO SAND CREEK,

AND OTHER RELATED IMPROVEMENTS FOR TRUMARK TRAILSIDE,
LOCATED AT 1777 APRICOT WAY (APNS 019-092-013 AND 019-092- 034) AND MAKING CEQA FINDINGS OF EXEMPTION PURSUANT TO
STATE CEQA GUIDELINES SECTION 15183.

WHEREAS, Trumark Homes (the “Permittee”) has requested that the City approve a vesting tentative subdivision map (VTSM 9610) for two parcels totaling

20.92 acres into 63 single-family residential lots, one bio-retention basin, one open space lot adjacent to Sand Creek, and other related improvements; and WHEREAS, the Permittee concurrently submitted a request for design review approval (DR 22-006); and
WHEREAS, collectively, VTSM 9610 and DR 22-006 set forth above constitute the “Project;” and
WHEREAS, the Project is proposed to be located on a 20.90-acre site located on two parcels at 1777 Apricot Way (APNs 019-092-013 and 019-092-034) (the “Project Site”); and
WHEREAS, the City referred the Project to various departments and agencies for review and recommendations; and
WHEREAS, on July 22, 2014, the City Council certified an Environmental Impact Report (EIR) that was prepared and certified as part of the Brentwood General Plan (SCH# 2014022058) in accordance with the California Environmental Quality Act (“CEQA”), codified at Public Resources Code §§ 15000, et seq., and as further governed by the State CEQA Guidelines, found at 14 CCR 21000, et seq. Cumulative impacts associated with full development and buildout at a density consistent with the mid-range within the R-LD range of 1.1 to 5.0 units per acre, including the proposed project site, were fully addressed in the EIR; and WHEREAS, the Project is consistent with the General Plan and General Plan EIR and would not result in any Project-specific significant effects to the environment, and is therefore determined to be exempt per California Environmental Quality Act Section 15183 (‘Consistent with Community Plan, General Plan, and Zoning Code’); and
WHEREAS, the City distributed a Notice of Public Hearing to all property owners of record within 300 feet of the Project Site and published it in the Brentwood Press on June 9, 2023, in accordance with City policies and Government Code Section

Attachment 2

2 65090, and a public hearing notice sign was posted on the site during this same timeframe for the June 20, 2023 Planning Commission hearing; and WHEREAS, on June 20, 2023, the Planning Commission held a public hearing, reviewed said Project, studied the compatibility of this request with adjacent land uses, and considered this request, as well as considered the staff report, all accompanying information, and testimony received from the Applicant and other interested parties; and
WHEREAS, on June 20, 2023, the Planning Commission approved the requested vesting tentative subdivision map (VTSM 9610), by Planning Commission Resolution No. 23-024; and
WHEREAS, on June 29, 2023, City Council member Jovita Mendoza timely filed a Call for Review of the Planning Commission’s action approving VTSM 9610 and DR 22-006; and
WHEREAS, the City distributed a Notice of Public Hearing to all property owners of record within 300 feet of the Project Site and published it in the Brentwood Press on July 28, 2023, in accordance with City policies and Government Code Section 65090, and a public hearing notice sign was posted on the site during this same timeframe; and
WHEREAS, the City Council considered the call for review of the Project at its regular meeting of August 8, 2023, and considered the staff report, all accompanying information, and testimony received from the Permittee and other interested parties.

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

A. Hereby finds that the California Environmental Quality Act (Public Resources Code §§ 21000, et. seq., hereafter “CEQA”) requires analysis of agency approvals of discretionary “projects.” A “project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” The proposed tentative parcel map is a project under CEQA. As set forth in the accompanying environmental evaluation, no further analysis is required pursuant to CEQA Guidelines Section 15183 (‘Projects Consistent with a Community Plan or Zoning’), which provides that projects that are consistent with the development density and intensity established by existing zoning, community plan, or general plan policies for which an environmental impact report (EIR) has been certified “shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site.”

Attachment 2

3 In accordance with California Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183, and based on the entirety of the record of proceedings, including the Environmental Checklist for Streamlined Review prepared for this Project, the Project is consistent with the land use designation and densities established by the General Plan, for which an EIR was certified.

In particular, the proposed Project is consistent with the development density established by the General Plan EIR (1.1-5.0 dwelling units per acre; Project proposes 3.0 units per acre) and no additional impacts to on-site resources have been identified beyond what was envisioned in the General Plan EIR. The Project would not result in any significant impacts that: (1) are peculiar to the project or project site; (2) were not identified as significant project-level, cumulative, or off- site effects in the General Plan EIR; or (3) were previously identified significant effects, which as a result of substantial new information that was not known at the time that the General Plan EIR was certified, are determined to have a more severe adverse impact than discussed in the General Plan EIR. As a result, the Project is exempt from further environmental review under CEQA. The City Council directs staff to file a Notice of Exemption for this Project with the County Clerk within five working days of the project approval; and
B. Hereby finds that with respect to Brentwood Municipal Code Section

16.050.040.B and Government Code section 66474:

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

The subject site is designated Residential - Low Density (R-LD) by the General Plan, and is “designed predominantly for single family detached houses.” (Policy LU 1-2). The required density range is 1.1 to 5.0 units per acre (with a mid-point of 3.0 units per acre) and the proposed subdivision includes a density of 3.0 units per acre, consistent with the land use designation. The project’s consistency with the General Plan is likewise demonstrated in that the subdivision will allow development of the project site for residential uses in the low density range, provides for vehicular and pedestrian circulation and infrastructure improvements designed to facilitate the efficient movement of people and goods (Goal CIR 1) and adds to the diversity of Brentwood housing stock (Goal H1).

In addition, the proposed development will be consistent with Goal LU 2 of the General Plan to, “Establish and maintain residential neighborhoods as safe and attractive places to live with convenient access to commercial services, recreational facilities, employment opportunities, public services, and other destinations,” by creating a new residential subdivision that will connect with existing city streets which in turn connects with commercial services and employment opportunities. The proposed subdivision is also consistent with Goal LU 6, which is to, “Maintain and enhance the visual quality of Brentwood by promoting the highest standards of architecture and site design for all

Attachment 2

4 development projects, both public and private,” in that a concurrent design review application will be processed to ensure high quality architecture and site design is achieved.

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

The Project Site is not currently within any adopted or proposed specific plan area. The design and improvements of the proposed subdivision are consistent with the General Plan, including:
a. Full right-of way improvements would be constructed within the street, including utilities, curb gutter, and a separated sidewalk with a landscape strip. The subdivision would be oriented in a similar pattern to the adjacent single-family subdivision, thus creating a fabric of viable and interrelated neighborhoods (Policy LU 1-5).
b. Policy CIR 1-2 (“Ensure that the City’s circulation network is a well-connected system of streets, roads, highways, sidewalks, and paths that effectively accommodates vehicular and nonvehicular traffic in a manner that considers that context of surrounding land uses and the needs of all roadway users.”) is implemented by the proposed project in that it creates additional pedestrian and non-motorized infrastructure through
development of a new creek trail and pedestrian connections across the creek to the Sand Creek trail as part of the project.

The residential parcels will be accessed via the existing streets, Strathaven Place and Montclair Place, which have been stubbed to the northern edge of the site by previous developments. The streets will continue approximately 56 feet in width, with sidewalks connecting to the existing sidewalk and will be looped and provide access to the open-space buffer for pedestrian access and views. Additionally, the project includes the development of complete streets in that the circulation and infrastructure improvements, as proposed, are designed to ensure the safest conveyance of vehicular traffic possible.
c. Policy LU 1-4 (“Require new development to occur in a logical and orderly manner, focusing growth on infill locations and areas designated for urbanization on the Land Use Map and be subject to the ability to provide urban services, including paying for any needed extension of services.”) would be implemented by the proposed project in that it is considered an infill site as it is within the City limits, in a developed area, and will connect to adjacent existing infrastructure.

Attachment 2

5 d. Policy LU 1-5 (“Encourage new development to be contiguous to existing development, whenever possible.”) is implemented by the proposed project in that the subdivision would be oriented in a similar pattern to the adjacent single-family subdivision, which creates a fabric of viable and interrelated neighborhoods via the existing streets, Strathaven Place and Montclair Place, that have been stubbed to the northern edge of the site by previous developments.
e. Finally, the project complies with other elements of the General Plan as described in finding A(1) above.

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

The site is physically suitable for the type of development proposed by VTSM 9610 insomuch as the discharge of waste from the proposed subdivision will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board. The Permittee will be required to make the necessary improvements to tie in to the City’s stormwater and sewer facilities, as well as treat all stormwater runoff, and the design of the subdivision and the associated improvements is not likely to cause serious public health problems due to the fact that this project will be required to construct all of the necessary improvements needed to ensure a safe and healthy development, including all Federal, State, and local regulations.

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

The proposed subdivision is physically suitable for the proposed density of development in that the required density range is 1.1 to 5.0 units per acre (with a mid-point of 3.0 units per acre) and the proposed subdivision includes a density of 3.0 units per acre, consistent with the land use designation. The subdivision will thus allow development of the Project site for residential uses in the low density range, provides for vehicular and pedestrian circulation and infrastructure improvements designed to facilitate the efficient movement of people and goods (Goal CIR 1), adds to the diversity of the Brentwood housing stock (Goal H1), requires payment of impact fees to mitigate the effects of the development on infrastructure and will adhere to noise restrictions during construction (Action N 1e), and will include seismically sound construction of residential dwellings (Goal SA 1). No specific plans govern the proposed map.

5. That the design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat unless an Environmental Impact Report was prepared with respect to the project

Attachment 2

6 and a finding was made pursuant to subdivision (c) of Section 21081 of the Public Resources Code that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Environmental Impact Report.

Cumulative impacts associated with full development and buildout at a density consistent with the mid-range within the R-LD range of 1.1 to

5.0 units per acre, including the proposed project site, were fully addressed in the EIR. In addition, the applicant provided an East Contra Costa County Habitat Conservation Plan and Natural Community Conservation Plan Application Form and Planning Survey Report (PSR) to comply with and receive permit coverage. The permit provides regional conservation and development guidelines to protect natural resources while improving and streamlining the permit process for endangered species and wetland regulations.

6. That the design of the subdivision or type of improvements is not likely to cause serious public health problems.

The design of the subdivision and the type of improvements proposed are not likely to cause serious public health problems due to the fact that this Project includes proposed improvements necessary to ensure a safe and healthy development, including adequate wastewater and potable water infrastructure, streets that meet the City’s specifications, street lighting, and compliance with Federal, State, and local regulations designed to protect public health.

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

The design of the subdivision and the associated improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision as alternative access, utility, and irrigation facilities will be constructed enabling continued service to properties serviced by existing easements. Access to the site would be via the existing streets, Strathaven Place and Montclair Place, which have been stubbed to the northern edge of the site by previous developments. The streets will continue approximately 56 feet in width, with sidewalks connecting to the existing sidewalk and will be looped and provide access to the open-space buffer for pedestrian access and views. Full right-of-way improvements would be constructed within the street, including utilities, curb, gutter, and a separated sidewalk with a landscape strip. The subdivision would be oriented in a similar pattern to the adjacent single-family subdivision, which creates a fabric of viable and interrelated neighborhoods (General Plan Policy LU1-5).

Attachment 2

7 C. Hereby approves Vesting Tentative Subdivision Map No. 9610, subject to the conditions of approval listed in Exhibit “A,” attached hereto and made a part of this resolution, and all City standards applicable to this Project.

D. The Planning Commission shall have jurisdiction to hear any modifications to Vesting Tentative Subdivision Map No. 9610.

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

NOW, THEREFORE, BE IT FURTHER RESOLVED that this tentative parcel map is valid for two years and will expire on August 8, 2025, unless a final map is recorded prior to that date, or written extension application request and application fees are submitted by the applicant and approved by the Planning Commission prior to the expiration date.

ADOPTED by the City Council of the City of Brentwood at its regular meeting on August 8, 2023, by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

APPROVED:
______________________________
Joel R. Bryant
Mayor
ATTEST:
__________________________________
Margaret Wimberly, MMC
City Clerk

Attachment 2

8 EXHIBIT “A” TO
CITY COUNCIL RESOLUTION NO.

VESTING TENTATIVE SUBDIVISION MAP NO. 9610

FOR TRUMARK TRAILSIDE

CONDITIONS OF APPROVAL

1. The Permittee and owner, including all successors in interest (collectively “Permittee”) shall comply with each and every condition set forth in the Permit.

Design Review No. 22-006 (the “Permit”) shall have no force or effect and no building permit shall be issued unless and until all things required by the belowenumerated precedent conditions have been performed. The Permittee shall develop the site in accordance with the approved Attachments and as modified by these Conditions of Approval.

2. All applicable Standard Conditions of Approval for Tentative Subdivision Maps, dated May 2005, hereby incorporated by reference, unless otherwise modified by the Planning Commission or any of these conditions.

3. The final map shall be substantially in conformance with Vesting Tentative Subdivision Map No. 9610 prepared by CBG Civil Engineers, dated “Received March 8, 2023,” unless otherwise amended by the conditions of approval contained herein.

4. The Permittee shall indemnify, defend with counsel of the City’s reasonable choosing, and hold harmless City and its City Council, its boards and commissions, officials, officers, employees, and agents (the “Indemnified Parties”) from and against any third party claim, action, or proceeding against City and/or the Indemnified Parties to attack, review, set aside, void, or annul the City’s approval of the project approved herein, including adoption of VTSM 9610, and DR 22-006, and any environmental determination made with regard thereto, save and except to the extent caused solely by the City's sole or active negligence, or willful misconduct. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, reasonable attorneys' fees, and other reasonable expenses incurred in connection with such claim, action, causes of action, suit or proceeding. The Permittee shall pay to the City upon demand or, as applicable, on a monthly basis to counsel of City’s reasonable choosing, amounts owed pursuant to the indemnification requirements prescribed in this condition. City shall promptly notify the Permittee of any claim, action, or proceeding and shall engage in reasonable efforts to cooperate in the defense. To the extent the above indemnification is limited by Government Code Section 66474.9, any limitations shall only apply to VTSM 9610, and the remainder of this obligation shall be unaffected by said Government Code section.

5. Permittee shall comply with all requirements of Brentwood Municipal Code Chapter 17.725 (“Affordable Housing”) as codified on the date upon which Permittee’s application was deemed complete. In this regard, Permittee shall construct six (6) housing units that shall be made available to income levels

Attachment 2

9 as required under Brentwood Municipal Code Chapter 17.725: two affordable to very-low income households, two affordable to low income households, and two affordable to moderate income households.

6. The southern end of both existing parcels are in an area designated Zone AE according to FEMA’s Flood Insurance Rate Map (FIRM). The developer shall ensure finished pad elevations are at a minimum one foot above the 100 year base flood elevation as shown on the latest Federal Emergency Management Agency (FEMA) floodplain maps for Contra Costa County, California. The developer shall be responsible for all necessary activities, applications, documentation and costs to amend floodplain maps for their development [Letter of Map Change (LOMC)], and for obtaining a Floodplain Permit from the City of Brentwood Floodplain Administrator for all projects on parcels identified in Zone ‘A’ on the FEMA Flood Insurance Rate Maps for the City of Brentwood.

Applications for CLOMAR-F shall be prepared and submitted by the developer prior to grading permit issuance or final map approval, whichever occurs first.

7. Prior to each building permit issuance, the Permittee shall comply with all applicable requirements of the Uniform Fire Code and the adopted policies of the Contra Costa Fire Protection District (CCFPD). The City’s Building Division shall review the building plans to ensure compliance.

8. Prior to building permit issuance, the Permittee shall provide an adequate and reliable water supply for fire protection with a minimum fire flow to the satisfaction of CCFPD and the City of Brentwood.

9. Flammable or combustible liquid storage tanks shall not be located on the site without obtaining approval and necessary permits from the Contra Costa County Fire Protection District.

10. The Permittee shall comply with the Public Art Program as approved by the City by paying the in-lieu fees consistent with Brentwood Municipal Code Chapter 2.44.

11. Permittee shall be subject to park in-lieu fees per the City’s 2019 Parks, Trails and Recreation Master Plan to the satisfaction of the Director of Parks and Recreation.

12. The Permittee shall submit detailed landscape and irrigation plans of front yard typical, open space areas, and bio retentions areas for review and approval prior to issuance of a building permit to ensure compliance with the City’s Water Efficient Landscape Ordinance subject to review and approval of the Planning Department.

13. The Permittee shall comply with all applicable NPDES requirements, including C.3, per the current Contra Costa County Stormwater C.3 Guidebook, to the satisfaction of the Director of Public Works/City Engineer.

Attachment 2

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

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

17. Permittee shall pursue approval of a temporary construction easement from Contra Costa Flood Control District and Water Conservation District from the Northwest corner of Sand Creek Road and Fairview Avenue for all construction vehicle access during grading importing/exporting operations to the satisfaction of the City Engineer.

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

8.16 “Solid Waste.”
b. Construction and demolition work shall comply with Brentwood Municipal Code Chapter 8.40 “Construction and Demolition Debris Recycling.”
c. Permittee shall comply with Brentwood Municipal Code Chapter 9.32 “Noise Regulations.”
d. Permittee shall dedicate and improve any thoroughfare and/or collector street pursuant to Brentwood Municipal Code Chapter 12.04 “Street Widths.”
e. Permittee shall comply with the encroachment permit requirements pursuant to Brentwood Municipal Code Chapter 12.08 “Street Encroachments.”
f. Sewer backflow prevention, interceptors, and other health and safety requirements shall be incorporated into the project pursuant to Brentwood Municipal Code Chapter 13.04 “Sewer System – Rules and Regulations.”
g. Brine-discharging self-regenerating water softener systems are prohibited pursuant to Brentwood Municipal Code Section 13.04.022.B. h. Water service shall comply with Brentwood Municipal Code Chapters

14.01 “Municipal Water System” and Chapter 14.10 “Cross-Connection

Attachment 2

11 Control.” In addition and to comply with both health and safety requirements as well as the City’s Engineering Design Standards, all projects serving more than 25 units shall design and construct at least two independent points of potable water supply to the Project. i. Contractors requiring construction water shall obtain a temporary water permit and shall only take water metered at a location specified by the City Engineer pursuant to Brentwood Municipal Code Section 14.01.340 “Contractors.”
j. Permittee shall comply with the Federal Clean Water Act, the Municipal Regional NPDES Permit, and Brentwood Municipal Code Chapter 14.20 “Stormwater Management and Discharge Control.”
k. Fire access and aerial apparatus access shall comply with the requirements of the Fire District and Brentwood Municipal Code Chapter

15.06 “Fire Code.”
l. Special flood hazard areas shall comply with the requirements of Brentwood Municipal Code Chapter 15.07 “Flood Plain Management.” m. Grading shall comply with Brentwood Municipal Code Chapter 15.52 “Grading, Erosion and Sediment Control.”
n. All grading and noise generating activities shall be limited to the days and hours defined in Brentwood Municipal Code Section 15.52.060 “Grading Regulations.”
o. In addition to the indemnification obligation set forth above, Permittee shall indemnify the City pursuant to Brentwood Municipal Code Section

15.52.160 “City Held Harmless.”
p. Pursuant to Brentwood Municipal Code Section 16.070.030.B, review of a Final Map, certification and approval shall not proceed until the Improvement Plans (onsite and offsite) have been submitted and reviewed by the City Engineer.
q. Permittee shall obtain all required permits including, but are not limited to: buildings; sewer connections; encroachment; grading; use; business license; water connection; Army Corps of Engineers; Contra Costa County Flood Control; California Department of Fish and Wildlife pursuant to Brentwood Municipal Code Section 16.120.050 “Procedures.”
r. All storm drain, sewer, water and street systems shall be designed and sized to accommodate such additional flows, volumes or loads as may be contributed by the most intensive developed land use of the lands

Attachment 2

12 adjacent to or beyond the limits of the subdivision pursuant to Brentwood Municipal Code Section 16.120.080.
s. All public facilities shall be constructed and any existing deficiencies shall be corrected. This includes both required on- and off-site public facilities and any deficiencies on-site, abutting the parcel or parcels involved or required off-site to provide service to the proposed development or for the continued safety, health and well-being of the public upon completion of the development pursuant to Brentwood Municipal Code Section 16.120.090 “Public Facilities Installation.”
t. Utilities shall be installed underground pursuant to Brentwood Municipal Code Section 16.120.120 “Undergrounding – Electric, Communication, Street Lighting and Advanced Technology Systems.”
u. All landscaping installed by the project shall be from trees and plants selected from the City Approved Drought Tolerant and Native Plant List with the exception of bioretention facilities which shall conform to Appendix B of the Contra Costa Clean Water Program C.3 Guidelines, to the satisfaction of the Director of Parks and Recreation and City Engineer.
v. Permittee shall make all land dedications pursuant to Brentwood Municipal Code Sections 16.140 and 16.150.

19. Prior to issuance of a grading permit:
a. The height and location of all existing and proposed retaining walls shall be shown on the Grading Plans. Retaining walls over three feet in height shall be structurally engineered, and shall require separate building permits. All retaining walls shall include a sub-drain system to the satisfaction of the City Engineer.
b. Construction Plans shall demonstrate that there is adequate overland drainage release to an adequate public drainage facility or towards the creek to the satisfaction of the City Engineer. Permittee shall acquire drainage easements, if necessary.
c. Grading Plans shall include a sufficient number of cross-sections adjacent to creeks, floodplains, and wetland areas showing the proximity of these features to proposed grading and building foundations to the satisfaction of the City Engineer.
d. Grading Plans shall clearly identify the location of all wetlands, creeks, creek setbacks, trees (both to be removed and to be protected).

Attachment 2

13 e. Pursuant to Brentwood Municipal Code 15.070.320, Grading Plans shall identify any special flood hazard area and the elevation of the base flood.
f. Permittee shall secure all required regulatory permits and construct all required drainage facilities, including all storm drain outfalls into creeks. g. Permittee shall provide approved hydrology and hydraulic calculations signed by a licensed engineer or provide other documentation as determined by the City Engineer demonstrating that the Project will adequately collect and convey all runoff within the Project as well as the entire developed watershed upstream of the Project pursuant to Brentwood Municipal Code 16.120.080C. The analysis if necessary, shall include conveyance capacity of Sand Creek.

20. Prior to issuance of an encroachment permit or approval of Improvement Plans:
a. Construction Plans shall include all utilities, including, but not limited to, meters, hydrants, poles, signs, clean-outs and boxes to be located clear of all trails, sidewalks and driveways or as determined by the City Engineer.
b. Construction Plans shall include all utilities designed with seismic considerations to the satisfaction of the City Engineer. c. Permittee shall submit a colored Composite Site Exhibit showing the location of all existing and proposed utilities, utility boxes, landscaping, monuments, street improvements, lights, signs, driveways, house envelopes, fencing, grading contours, walls, easements, property lines, and other improvements as required at a sufficient scale to allow a comprehensive review of proposed improvements.
d. Construction Plans shall include an entirely looped water system throughout the project.
e. Construction Plans shall note that construction of all gravity utilities (i.e. storm drain, sewer) to always commence at the downstream connection and proceed to the upstream terminus.
f. Construction Plans shall demonstrate that all gravity utilities (i.e. storm drain, sewer) are designed to positively and completely drain by gravity without relying on any electro-mechanical means (i.e. pumps, lift stations and siphons) to the satisfaction of the City Engineer. g. Construction Plans shall include cathodic protection measures for all buried metallic infrastructure pursuant to City Standards or as approved by the City Engineer.

Attachment 2

14 h. Construction Plans shall include all proposed storm drain inlets to include and update existing storm drain inlets along the project frontage with “No Dumping – Drains to Creek” thermoplastic stencils to the satisfaction of the City Engineer.
i. Permittee shall obtain approval from the City Engineer on the Project Operation and Maintenance Manual for all stormwater control systems.

Said Manual shall comply with all applicable Municipal Regional NPDES Permit requirements including, but not limited to, maintenance, sediment removal, weed and trash abatement, and the use of chemicals. j. Construction Plans shall include all landscaping with adequate root barriers to protect all City facilities, including but not limited to sidewalks, utilities, meters, ramps, and driveways.
k. Permittee shall have a licensed Land Surveyor locate all existing survey monuments on or adjacent to the project, and show said monuments as protected on all construction plans.
l. Construction Plans shall include a Traffic Control Plan in conformance with the latest edition of the Manual of Uniform Traffic Control Devices issued by Caltrans and as required by the City Engineer. m. Construction Plans shall include Emergency Vehicle Access areas to comply with the requirements of the Fire District, and that ingress and egress is provided to all neighboring properties during construction. n. Construction Plans shall incorporate roadways and driveways that provide adequate sight distance pursuant to City and Caltrans design requirements. All landscape areas required to have restrictions to comply with sight distance requirements shall be shown on applicable Construction and Plot Plans.
o. Construction Plans shall incorporate all-weather vehicular access from a public road, including the ability to turn around, to all proposed and existing public storm drain, sewer, water, and non-potable water mains, appurtenances, and easements subject to approval of the City Engineer.

21. Prior to approving the Final Map:
a. Final Map shall comply with the current Subdivision Map Act. b. The Project shall annex into the most current City Community Facilities District, and annex into, or form a street lighting and landscape maintenance assessment district, or provide and execute an alternative funding mechanism acceptable to the City for the maintenance of City improvements.

Attachment 2

15 c. The Project shall annex into the most current Emergency Medical and Fire Protection Service Funding Community Facilities District as required by the Contra Costa County Fire Protection District (BMC Chapter

17.635).
d. Permittee shall provide for an adequate private funding mechanism for the perpetual maintenance of all stormwater NPDES treatment areas and other similar clean water facilities to the satisfaction of the City Engineer. Permittee shall dedicate parcels with said facilities to a Homeowners Association or similar private entity in fee. e. Final Map shall include approved street names by the Fire District and Community Development Department. All public streets shall be irrevocably offered for dedication.
f. All applicable City fees shall be paid including, but not limited to, the Agricultural Mitigation Fee, the Contra Costa Flood Control and Water Conservation District Fee.
g. Final Map shall show relinquishment of abutter’s rights of access adjacent to all accessible ramp locations.
h. For all common interest developments, Permittee shall submit a copy of the draft Covenants, Conditions and Restrictions for City review.

22. Prior to issuance of any Building Permits:
a. All on-site improvements shall be constructed prior to the issuance of any building permit in each phase (excluding model homes). The improvements shall include, but is not limited to pavement, curb, gutter, sidewalk, street lights, utilities and walls to the satisfaction of the City Engineer.
b. Permittee shall provide an approval signed and sealed by a geotechnical or structural engineer of the location, nature and proximity of stormwater features near or adjacent to buildings as determined by the City Engineer. Locations and design of any mitigating structural design feature (i.e. foundations) shall be shown on the appropriate construction plans.
c. Permittee shall provide an approval signed and sealed by a geotechnical or structural engineer that there is adequate clearance between building foundations and creeks.
d. Permittee shall pay all Development Impact Fees pursuant to, or otherwise comply with the latest City of Brentwood Development Impact Fee Program.

Attachment 2

16 e. Permittee shall provide documents signed by a licensed engineer on building pad elevation, compaction, and appropriate remediation from unsuitable soils.

CITY COUNCIL RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A DESIGN REVIEW (DR 22-006) FOR 63 HOMES (57

SINGLE-FAMILY DETACHED UNITS AND SIX DUET UNITS) FOR
TRUMARK TRAILSIDE, LOCATED AT 1777 APRICOT WAY (APNS 019- 092-013 AND 019-092-034).

WHEREAS, Trumark Homes (the “Permittee”) has requested that the City approve a design review (DR 22-006) for a subdivision of 20.90 acres into 63 singlefamily residential lots, one bio-retention basin, one open space lot adjacent to Sand Creek, and other related improvements; and
WHEREAS, the Permittee concurrently submitted a request for a vesting tentative subdivision map (VTSM 9610); and
WHEREAS, collectively, VTSM 9610 and DR 22-006 as set forth above constitute the “Project;” and
WHEREAS, the Project is proposed to be located on a 20.90-acre site located on two parcels at 1777 Apricot Way (APNs 019-092-013 and 019-092-034) (the “Project Site”); and
WHEREAS, the City referred the Project to various departments and agencies for review and recommendations; and
WHEREAS, on July 22, 2014, the City Council certified an Environmental Impact Report (EIR) that was prepared and certified as part of the Brentwood General Plan (SCH# 2014022058) in accordance with the California Environmental Quality Act (“CEQA”), codified at Public Resources Code §§ 15000, et seq., and as further governed by the State CEQA Guidelines, found at 14 CCR 21000, et seq. Cumulative impacts associated with full development and buildout at a density consistent with the mid-range within the R-LD range of 1.1 to 5.0 units per acre, including the proposed project site, were fully addressed in the EIR; and WHEREAS, the Project is consistent with the General Plan and General Plan EIR and would not result in any Project-specific significant effects to the environment, and is therefore determined to be exempt per California Environmental Quality Act Section 15183 (‘Consistent with Community Plan, General Plan, and Zoning Code’); and
WHEREAS, the City distributed a Notice of Public Hearing to all property owners of record within 300 feet of the Project Site and published it in the Brentwood Press on June 9, 2023, in accordance with City policies and Government Code Section 65090, and a public hearing notice sign was posted on the site during this same timeframe for the June 20, 2023 Planning Commission hearing; and

Attachment 3

2 WHEREAS, on June 20, 2023, the Planning Commission held a public hearing, reviewed said Project, studied the compatibility of this request with adjacent land uses, and considered this request, as well as considered the staff report, all accompanying information, and testimony received from the Applicant and other interested parties; and
WHEREAS, on June 20, 2023, the Planning Commission approved the requested Design Review application (DR22-006), by Planning Commission Resolution No. 23-025; and
WHEREAS, on June 29, 2023, City Council member Jovita Mendoza timely filed a Call for Review of the Planning Commission’s action approving VTSM 9610 and DR 22-006; and
WHEREAS, the City distributed a Notice of Public Hearing to all property owners of record within 300 feet of the Project Site and published it in the Brentwood Press on July 28, 2023, in accordance with City policies and Government Code Section 65090, and a public hearing notice sign was posted on the site during this same timeframe; and
WHEREAS, the City Council considered the call for review of the Project at its regular meeting of August 8, 2023, and considered the staff report, all accompanying information, and testimony received from the Permittee and other interested parties.

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

A. Hereby finds that the California Environmental Quality Act (Public Resources Code §§ 21000, et. seq., hereafter “CEQA”) requires analysis of agency approvals of discretionary “projects.” A “project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” The proposed tentative parcel map is a project under CEQA. As set forth in the accompanying environmental evaluation, no further analysis is required pursuant to CEQA Guidelines Section 15183 (‘Projects Consistent with a Community Plan or Zoning’), which provides that projects that are consistent with the development density and intensity established by existing zoning, community plan, or general plan policies for which an environmental impact report (EIR) has been certified “shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site.”
In accordance with California Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183, and based on the entirety of the record of proceedings, including the Environmental Checklist for Streamlined Review prepared for this Project, the Project is consistent with the land use designation and densities established by the General Plan, for which an EIR was certified.

Attachment 3

3 In particular, the proposed Project is consistent with the development density established by the General Plan EIR (1.1-5.0 dwelling units per acre; Project proposes 3.0 units per acre) and no additional impacts to on-site resources have been identified beyond what was envisioned in the General Plan EIR. The Project would not result in any significant impacts that: (1) are peculiar to the project or project site; (2) were not identified as significant project-level, cumulative, or off- site effects in the General Plan EIR; or (3) were previously identified significant effects, which as a result of substantial new information that was not known at the time that the General Plan EIR was certified, are determined to have a more severe adverse impact than discussed in the General Plan EIR. As a result, the Project is exempt from further environmental review under CEQA. The City Council directs staff to file a Notice of Exemption for this Project with the County Clerk within five working days of the project approval; and
B. With respect to the design review findings pursuant to Brentwood Municipal Code Section 17.820.007:
i. The proposed development shall create a well-composed urban design, harmoniously related to other facilities in the immediate area and to the total setting as seen from key vantage points in the community.

The proposal provides for a varied streetscape, interspersing single-story profile, two-story plans and duet units. Single story profile units are located on corner lots to provide massing and lot proportions consistent with the residential development. The streetscape is varied by the incorporation of three elevations for each of the three detached home plans and two elevations for the duet home plans. While the Residential Design Guidelines requires the provision of two plans with four distinct elevations per plan, the proposed project is providing a total of 12 varied elevations, ensuring significant architectural variation within the streetscape and, thereby, meeting the intent of the guidelines. In addition, with 9 color schemes, the project will provide significant color scheme variation that creates 36 possible combinations. The project includes a single story profile plan, which is 25.4% of the total units thereby exceeding the minimum 25% requirement for single story homes within the subdivision. The project also includes a story home plan with a side loaded garage to help break up the street scene. Approximately 25.4% of the units have side-loaded garages thereby exceeding the minimum 10% requirement for side-loaded garages. The project provides a variety in unit plans and elevations consistent with the Design Review Guidelines. ii. Elements of design which have significant relationship to the exterior appearance of structures and facilities shall be given

Attachment 3

4 special consideration; these elements include but are not limited to height, arrangement on the site, texture, lighting, material, color, signs, landscaping, size, bulk and scale, and appurtenances.

The proposed architecture is uniquely designed, allowing for increased variation of building design and massing throughout the subdivision. There are three home plans for the detached homes and one home plan for the duet units. Each of the floor plans offer a unique configuration of massing, intended to create
differentiation and variety on the streetscape, and provide buyers with distinct choices in lifestyle and use of space. There are three distinctive elevation styles for each of the detached home plans and the duet units, which include Farmhouse, Craftsman, and Prairie.

The exterior materials, massing, roof shape and pitches, trim shapes, colors and materials create a strong neighborhood identity and provides for architectural variation throughout the subdivision.

For each plan there are nine color schemes that represent the particular style, for a total of 36 color combination schemes. The proposed design provides architectural elements and building forms that reflect attention to detail and general compliance with the City’s Design Guidelines.
iii. The proposed development shall be of a quality and character appropriate to, and serving to protect the value of, private and public investments in the immediate area.

With the exception of the affordable units, which are proposed to be duets, no two identical floor plans are repeated side-by-side facing the same street. The façade massing is broken up with varying elevations styles, rooflines, color schemes, and finished materials Architectural integrity is maintained in that the architectural style of each elevation type remains consistent with the traditional examples on which the style is based, and the elements evident on the front façade are carried around to the lessprominent side and rear elevations. Articulated front façades and the use of rooflines to differentiate the first and second stories help to reduce building massing. Front elevations use porches and finish materials to emphasize points of entry.

Other features identified in the design guidelines are carried through onto the proposed plans; including maintenance of architectural integrity with window-wrapping treatment carried around to the side and rear elevations; inclusion of various roof heights and forms; the visual emphasis of front doors from the street, and the avoidance of exposed and unarticulated secondfloor walls. Roof forms and pitch angles vary slightly, but are generally consistent throughout each architectural elevation style.

Attachment 3

5 Taken together, these elements reflect attention to detail and general compliance with the City’s design guidelines.
iv. Where the proposed development is located in an area for which a specific plan, planned development, neighborhood plan or precise plan has been adopted by the city council, the design of the development shall conform in all significant respects with such plans.

The subject site is within the General Plan Residential Low Density (R-LD) land use designation which provides for 1.1-5.0 dwelling units per acre with a mid-range of 3.0 units per gross acre.

According to the General Plan, density calculations are to be made based on a project’s gross acreage. This project would result in an overall density of 3.0 dwelling units per acre, complying with the General Plan policy.
v. The proposed development shall conform with all requirements for landscaping, screening, parking, usable open space and off-street loading as set forth in this title.

The Project, as designed and conditioned, incorporates all required landscape areas within private front yards and in common areas maintained for open space or treatment of stormwater. Two fullsize parking spaces are provided within the garage of each home plan, thus meeting the parking requirements pertaining to singlefamily developments. vi. The site development criteria set forth in Section 17.820.008.

The siting and internal arrangement of all structures and circulation, parking, lighting, access, landscape, hardscape, and utility facilities on the site are conducive to an orderly, attractive, efficient, and harmonious development insomuch as the homes are plotted to meet the allowed setbacks and are designed to provide an attractive and interesting street scene. The home plans are designed to reduce massing and introduce development on a scale that is appropriate to surrounding uses. Access to the
neighborhood is provided through public streets and required parking is provided on each residential lot within a two-car or threecar garage. Additionally, as designed, the Project will not have an adverse environmental effect on adjacent developments, existing or potential, by reason of conflicts in land use in that the proposed development adheres to mid-point density.

Attachment 3

6 vii. “The City of Brentwood Design Guidelines” adopted March 24, 2001, and any other applicable specific design criteria or standards set out in this title or other city ordinance.

Access to the site would be via the existing streets, Strathaven Place and Montclair Place, which have been stubbed to the northern edge of the site by previous developments. The streets will continue approximately 56 feet in width, with sidewalks connecting to the existing sidewalk and will be looped and provide access to the open-space buffer for pedestrian access and views. Pedestrian access and sidewalks are proposed along the interior streets within the project site. Full right-of way improvements would be constructed within the street, including utilities, curb gutter, and a separated sidewalk with a landscape strip. The subdivision would be oriented in a grid like pattern similar to most single-family subdivisions, thus creating a fabric of viable and interrelated neighborhoods (Policy LU1-5, LU1-4, Policy CIR 1-2).
viii. All applicable regulations of the zoning ordinance and other city ordinances, policies or resolutions.

The project is consistent with the General Plan Planned Development land use designation and conforms to the applicable Planned Development 35 (PD-35), Subarea K, development
standards, including:

PD-35 Subarea K Proposed
Minimum Lot Size 8,000 square feet 8,000 square feet
Minimum Lot Width 70 feet1 70 feet1
Minimum Front Yard Setback 20 feet2 20 feet2
Minimum Side Yard Setback 7 feet (with an
aggregate of 20 feet)
7 feet (with an
aggregate of 20 feet)
Minimum Street Side Setback 10 feet 10 feet
Minimum Rear Yard 20 feet (patios can
be at 13 feet)
20 feet (patios can
be 13 feet)
Minimum Off-Street Parking
Spaces In a Garage
2 2
Maximum Building Height 30 feet and two stories 29 feet 11 inches Minimum percentage of required
single-story homes or designed in
such a manner as to resemble a
one-story profile
25% 25.4%

Attachment 3

7 Minimum percentage of required
side-loading garages 10% 25.4%
C. Hereby approves Design Review No. 22-006, subject to the conditions of approval listed in Exhibit “A,” attached hereto and made a part of this resolution, and all City standards applicable to this Project.

D. The Planning Commission shall have jurisdiction to hear any modifications to Design Review No. 22-006.

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

NOW, THEREFORE, BE IT FURTHER RESOLVED that this design review application shall terminate on August 8, 2025, unless actual construction begins prior to that date. However, such date may be extended by the Planning Commission upon application filed at any time before said expiration date.

ADOPTED by the City Council of the City of Brentwood at its regular meeting of August 8, 2023 by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

APPROVED:
______________________________
Joel R. Bryant
Mayor
ATTEST:
__________________________________
Margaret Wimberly, MMC
City Clerk

Attachment 3

8 EXHIBIT “A” TO
CITY COUNCIL RESOLUTION NO.

DR 22-006 – DESIGN REVIEW APPROVAL FOR TRUMARK TRAILSIDE

CONDITIONS OF APPROVAL

1. The Permittee and owner, including all successors in interest (collectively “Permittee”) shall comply with each and every condition set forth in the Permit.

Design Review No. 22-006 (the “Permit”) shall have no force or effect and no building permit shall be issued unless and until all things required by the belowenumerated precedent conditions have been performed. The Permittee shall develop the site in accordance with the approved Attachments and as modified by these Conditions of Approval.

2. Permittee shall comply with all applicable City of Brentwood Standard Conditions of Approval for Residential Design Review, dated May 2005, hereby incorporated by reference, unless otherwise modified by these conditions.

3. The Permittee shall indemnify, defend with counsel of the City’s reasonable choosing, and hold harmless City and its City Council, its boards and commissions, officials, officers, employees, and agents (the “Indemnified Parties”) from and against any third party claim, action, or proceeding against City and/or the Indemnified Parties to attack, review, set aside, void, or annul the City’s approval of the project approved herein, including adoption of VTSM 9610, and DR 22-006, and any environmental determination made with regard thereto, save and except to the extent caused solely by the City's sole or active negligence, or willful misconduct. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, reasonable attorneys' fees, and other reasonable expenses incurred in connection with such claim, action, causes of action, suit or proceeding. The Permittee shall pay to the City upon demand or, as applicable, on a monthly basis to counsel of City’s reasonable choosing, amounts owed pursuant to the indemnification requirements prescribed in this condition. City shall promptly notify the Permittee of any claim, action, or proceeding and shall engage in reasonable efforts to cooperate in the defense. To the extent the above indemnification is limited by Government Code Section 66474.9, any limitations shall only apply to VTSM 9610, and the remainder of this obligation shall be unaffected by said Government Code section.

4. The residential units shall be constructed in substantial conformance with the Design Booklet prepared by SDG Architects, dated “Received March 8, 2023,” unless otherwise modified by these conditions.

5. The residential units shall be constructed in substantial conformance with the Master Plotting Plan prepared by SDG Architects, dated “Received March 8, 2023,” unless otherwise modified by these conditions.

6. The community building shall be constructed in substantial conformance with the plans prepared by SDG Architects, dated “Received March 8, 2023,” unless otherwise modified by these conditions.

Attachment 3

9 7. The residential units shall be constructed in substantial conformance with the Colors and Materials booklet prepared by SDG Architects, dated “Received March 8, 2023,” unless otherwise modified by these conditions.

8. The buildings and related improvements for this project shall be constructed in substantial conformance with the plans prepared by CBG Civil Engineers, dated “Received March 8, 2023,” unless otherwise modified by these conditions.

9. The Permittee is responsible for ensuring that all setbacks are met at the time of plot plan submittal for building permits and throughout the construction process.

10.The Permittee shall provide staff with an updated master plotting plan upon any changes related to setbacks, home plans, and elevation combinations. The changes shall be reviewed and approval shall be to the satisfaction of the Community Director or their assignee.

11.Any alteration of the building designs, building colors, or materials from the approved plans and materials board shall be submitted for the review of the Community Development Director prior to building permit issuance and, if judged to be substantial, may be referred to the Design Review Subcommittee for approval. Specific changes to be brought back and approved by the Design Review Subcommittee include the following:
a) Enhance the Plan 3 left elevation.
b) Enhance the rear elevation of the duet units.
c) All proposed roof materials shall be tile for each plan. d) Review side elevation transitions on the corners of all plans.

12.All trees shall comply with the City of Brentwood’s Urban Forest Guidelines.

13.The Permittee shall submit detailed landscape and irrigation plans of front yard typical, open space areas, fencing, and bio retentions areas for review and approval prior to issuance of a building permit to ensure compliance with the City’s Water Efficient Landscape Ordinance subject to review and approval of the Planning Department.

14.Residential wood fences shall meet the minimum requirement of the City’s Enhanced Residential Good Neighbor Fence detail (ST-22).

15.The Permittee shall be responsible for the construction of all good neighbor fences between the properties, bio-retention fencing, and all perimeter walls.

16.Prior to building permit submittal, plans for all external lighting fixtures shall be submitted in conjunction with the photometric plan for the review and approval of the Community Development Director. All fixtures must be of a cut-off or full cutoff classification and cut-sheets allowing verification of the design must be submitted to the Planning Department.

Attachment 3

10 17.The Permittee shall comply with all conditions of approval for Subdivision Map No. 9610, and Design Review No.22-006.

28336610.1/518848.0007

UPDATED PROJECT DESCRIPTION
Project Title: Subdivision 9610, Trumark Trailside, 1777 Apricot Lane Project Location: The Project site consists of approximately 20.92 acres located in the northwestern portion of Brentwood. The Project site is generally bounded by a single-family residential subdivision to the north, the proposed Parkside Villas project (Subdivision 8982) to the west, a single-family subdivision and ranchette estate lot to the east, and Sand Creek to the south. The planned Lower Sand Creek Detention Basin and Sand Creek Sports Complex are directly across the creek from the site (south of Sand Creek). The properties are identified by Contra Costa County as Assessor's Parcel Numbers (APN) 019-092-013 and 019-092-034. The site is currently vacant and generally flat. The Project is not within the Fire Hazard Severity Zone per the California Office of the State Fire Marshall. The Project falls within the Local Responsibility Area. The General Plan designation is R-LD — Residential-Low Density with a permitted density range of 1.1 to 5.0 units per gross acres, with a mid-range of 3.0 units per gross acre, and a Planned Development Thirty-Five (PD-35, subarea K) Zone.

Project Description: The Purpose of the Project is to successfully fulfill the City of Brentwood’s vision for the land as shown in the City of Brentwood’s Housing Element and General Plan.

On April 29, 2022, Trumark submitted an SB 330 preliminary application and project applicationsfor a Tentative Subdivision Map and Design Review to develop the site into 63 single-family residential parcels, with six (6) affordable dwelling units, one onsite bioretention area, and landscaping of portions of the open space buffer adjacent to Sand Creek, as required by the site zoning and the East Contra Costa Habitat Conservation Plan/Natural Communities Conservation Plan (HCP/NCCP). The resulting density, with the allowances pursuant to Section 17.485.002 meet the general plan designation. Consistent with the zoning, the market rate lot sizes would range from 8,000 square feet to 30,000 square feet with an average of approximately 8,200 square feet.

Pursuant to the General Plan’s Density transition Policy in Action LU 2a(3b), the Project is providing a 30,000 square foot buffer lot on site located adjacent to the existing ranchette estate lot (large residential lot).

Access to the site would be via the existing public right of way streets, Strathaven Place and Montclair Place, that have been stubbed to the northern boundary by previous developments. The interior streets are looped and provide openings to the open-space buffer for pedestrian access and views. Lighting and sidewalks are proposed along the interior streets within the project site. The adjacent Parkside Villas project will extend a trail up to the Project's western property line along the creek corridor which will be continued by the Apricot Way Project along Sand Creek. There is an existing pedestrian bridge across Sand Creek and within the limits of the proposed open-space buffer at the southwest corner of the Project site, which will remain to provide access to the Sand Creek trail and future Sports Complex. The bridge was assessed against LRGD Specifications, and the bridge was found to be adequate for pedestrian loading. Only handrail improvements will be completed to the bridge for aesthetic and accessibility purposes. The entirety of the open-space buffer as required by zoning and HCP/NCCP, will be dedicated to the City.

As a community benefit, the Project will continue Sand Creek trail adjacent to the project site in the form of a 5’ separated sidewalk, adjacent to the roadways. A portion of the trail on both the west and east ends will be a widened path that allows for pedestrians and maintenance vehicles. Along the widened eastern portion, the path will have a picnic area that overlooks the existing channel element and proposed vegetated basin.

Under the Housing Accountability Act (HAA) as amended by SB 330, because the proposed project is consistent with the objective standards and mid-point density in the General Plan, zoning and all other applicable land use regulations, the City cannot deny or conditionally approve the project (which includes decreasing density) unless it finds the project will have a specific, adverse impact on the public’s health or safety. A specific adverse impact as defined in the HAA means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified March 8,
Attachment 4

28336610.1/518848.0007
written public health or safety standards, polices or conditions as they existed at the preliminary application was filed.

Trumark has designed the proposed project so that there are no specific adverse impacts of any kind. We understand the City can conduct a maximum of 5 public hearings on the proposed project under SB 330.

Affordable Housing Program: Pursuant to Chapter 17.725 of Brentwood Municipal Code (MC), the required percentage of affordable units is equal to 10% of the total number of dwelling units for any residential development of five or more lots for a total of six (6) units required for this project. implement attached housing in order to comply with the City's affordable housing program with the construction of three (3) duet (attached) affordable dwelling units on-site for a total of 63 dwelling units.

As set by table D in Section 17.725.003 the allocations of affordability will be as follows:
• moderate-income households — 3%
• low-income households — 4%
• very low-income households — 3%.

Pursuant to Section 17.725, the city and Project team will enter into an affordable housing agreement for the three (3) duet attached units described above.

The attached affordable units are consistent with Chapter 17.485.002(A)(3) (PD-35 Zone Regulations) that allow as a permitted use “[a]ttached housing units in order to comply with the city’s adopted affordable housing provisions, Chapter 17.725.” Since these attached units are a permitted use under the zoning code and satisfy the city’s affordable housing requirements, Trumark is not seeking to modify city standards as allowed by Chapter

17.725.006(D). Also, since Trumark is not seeking a density bonus, it need not demonstrate a financial feasibility however the Project contemplates duets as part of its financial feasibility and are designed to meet the minimum permissible affordable unit size ofsix hundred square feet on a three thousand square foot parcel pursuant to section

17.725.003(F).

Special Flood Hazard Area: A portion of the site is within the Zone X Special Flood Hazard Area pursuant to the current FEMA Flood Insurance Rate Map Number 06013C0353F, Effective Date June 16, 2009. The applicant proposes to process a Letter of Map Revision based on Fill with FEMA prior to the first occupancy to remove all proposed lots from the Special Flood Hazard Area. Consistent with the City's Floodplain Management Ordinance all finished floors will be a minimum of one foot above the base flood elevation as defined on the FEMA map.

Development Standards: The entire project site is zone PD-35, Subarea K. The applicant is not proposing any amendments to the zoning or development standards.

Cultural Resources: As stated in the Cultural Resources Inventory Report for the Project (ECORP 2022), no cultural resources were identified on the property as a result of the records search and field survey.

Also, per the separate Tribal Cultural Resources Memo for the Project (Stantec 2022) no known tribal resources were identified and therefore does not present a new significant environmental impact.

Therefore, no known Historic Properties under Section 106 of the NHPA or Historical Resources & Tribal Cultural Resources under CEQA will be affected by the Project.

Biological Site Assessment: The Project site is within the East Contra Costa habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP). The site is vacant and undeveloped, and existing vegetation consists almost entirely of non-native weedy species, dominated by black mustard and wild oat. The site has previously been in agricultural production and has been levelled. At the time of this submittal (April 28, 2022), the site has been disked and mowed for weed control and prevention of fuel buildup, and the majority of the site is largely devoid of vegetation. Within the disked field, some weedy Attachment 4

28336610.1/518848.0007
species persist such as field bindweed, remnant barley and mustard, as well as common mallow. The edges of the property are similarly dominated with non-native species including red brome, barley, ripgut brome, wild oat, black mustard, and sparse filaree and milkweed. Wildlife observed on the site includes common birds including house finch, Northern mockingbird, scrub jay, mourning dove, killdeer, and rock dove (pigeons). Additional birds found along the Contra Costa Flood Control Drainage Canal include cliff swallow, mallard duck, Say's phoebe, European starling, Anna's hummingbird, and red-winged blackbird.

Raptors observed include two species seen soaring (foraging); red-tailed hawk, and turkey vulture.

The site borders the Contra Costa Flood Control Drainage Canal which is defined as a 3rd or higher stream with a 50-foot setback per East Contra Costa County HCP/NCCP Stream Setback Provisions Map. The site will remain clear of the drainage canal and defined top of bank. The Project will dedicate an 80-foot open-space buffer. There are no other jurisdictional waters or streams on the Project site.

Pursuant to the HCP/NCCP, a Planned Survey Report has been submitted and approved. This report includes information for land cover, jurisdictional aquatic features, species, plant habitat and the required HCP/NCCP habitat fee which will be paid.

Environmental Site Assessment: As discussed in the Project's environmental site assessment report dated December 3, 2021, there are no known physical evidence of soil or groundwater impairments associated with the use or past use of the Project site. A review of regulatory databases maintained by county, state, tribal, and federal agencies found no documentation of hazardous materials violations or discharge on the Property and did not identify contaminated facilities within the appropriate American Society for Testing and Materials (ASTM) search distances that would reasonably be expected to impact the Project site. An agrichemical assessment of the surface soil was conducted to evaluate the potential presence of residual concentrations of organochlorine pesticides (OCPs), arsenic, and lead. The resulting concentrations for OCPs, arsenic, and lead were below the applicable USEPA and CAL-EPA screening levels for residential soil. Based on the findings of this assessment, no Recognized Environmental Conditions (RECs), no historical RECs, and no controlled RECs were identified for the Project site.

Geotechnical Assessment: As discussed in the Project's geotechnical report dated December 10, 2021, the subsurface soils within the Project site generally consist of stiff silty clays with groundwater approximately 18 to 21 feet below the surface at the time of exploration. No active or potentially active faults capable of surface fault rupture are known to cross the site, and the site is not located within a currently delineated State of California Alquist-Priolo Earthquake Fault Zone. The probability of other geologic hazards, such as tsunamis, seiches, deep-seated landslides, or ground subsidence affecting the site, is considered low. Accordingly, the risk of surface rupture due to faulting is considered low.

Attachment 4

28336610.1/518848.0007
Architectural Description
Project Summary: The project is comprised of 3 single family detached home plans and two duet plans which are within substantial conformance of the City of Brentwood’s Housing Element & Design Guidelines. All homes are single family detached and consist of both a one-story profile plan and traditional two-story plans. Three distinct elevation styles have been designed for all plan types. All plans are designed with a usable front Porch and covered rear Loggia. Due to the lot coverage requirements within the city, the single-story house may vary in square footage from the rest of the neighborhood. In employing the single-story profile, pursuant to Brentwood Design Guidelines, a limited area will be included within the roof forms by way of dormers or similar features to break up the roof massing. In addition, the project uses elevation styles that traditionally work well with this type of building massing.

Plan Summary
Plan Square Feet Stories Bedrooms Baths Garages
1 3031 1-story profile 5 3 1/2 3-car split swing
2 3778 2 5 4 1/2 4-car tandem
3 4340 2 5 4 1/2 3-car tandem
Duet A 1902 2 3 2 1/2 2-car
Duet B 2196 2 4 3 2-car
Elevations: Brentwood has a varied and eclectic mix of housing types and elevation styles mostly developed over the past 25-30 years. The Project’s elevation styles have been used in many neighborhoods in Brentwood and fit with the desired massing of the home plans. The elevation styles utilized are Farmhouse (Elevation A), Craftsman (Elevation B), and Prairie (Elevation C). The exterior material palette, massing, roof forms and pitches, trim shapes and material, and colors vary by these elevation styles. The rear elevations vary by elevation style as well, with accent gable and hip roofs, accent trim, and a variety of roof pitches and massing styles. The trim around the windows is carried around all windows at the sides and rears, and matches the style of the window trim on the front elevation. This means that the window trim at the side and rear elevations is different by A, B, and C elevation style.

Window grid patterns also vary by elevation style.

The Farmhouse (A) elevations are a mix of board and batten siding and stucco exterior finishes. Steeply pitched accent roofs with a pitch of 10:12 define these elevations. Wood porch posts with ‘X’ style metal railing define the inviting and usable front porches.

The Craftsman (B) elevations are a combination of horizontal wood siding and stucco exterior finishes.

Wood siding is used on accent forms and upper locations within an elevation plane. Wood siding and corbel accents are used to enhance the gable roofs. Roof pitches are 4:12 for this style. The roof design is defined by gable roofs with an 18” eave depth. Porches are accented with tapered stucco columns with stone bases and wood porch rails. Stone veneer is used at other feature elements of the front elevations.

The Prairie (C) elevations are a stucco exterior with horizontal wood siding accents defining the base of the homes. The roof pitches are 4:12 pitch with hipped roof forms and larger overhangs of 24”. Larger format stone veneer is used to define the entry towers. Horizontal wood siding columns define to usable porches.

Each elevation style draws from a unique set of 3 color schemes selected for the style of the home. This creates 9 total color schemes and a mix of floor plans, elevations, and color schemes that creates 36 possible combinations for # homes in the neighborhood.

Attachment 4

MONTCLAIR PLACE

ASHBOURNE PLACE

PARCEL A
3 2
1 4
27 28
29 30
12 20
31 6
5 7
11 9 8
16 18
17 13
15 24
23 14
19 21
25 26
33 38
35 36
34 37
55 60
47 43
41 48
45 42
44 46
63 62 58
53 61 59 57
56 50
51 52
54 ARIONE STREET

PARCEL B
10 22
32 39
40 49 PONZA STREET PONZA STREET SLEPPY STREET STRATHAVEN PLACE

SLEPPY STREET STRATHAVEN PLACE

PONZA STREET
TYPICAL 56' ROW INTERNAL STREET WITH 36' TC TO TC TYPICAL 52' ROW ADJACENT TO PARCEL A

PARCEL A
TYPICAL 60' ROW - MONTCLAIR PLACE
G:\1098-044\ACAD\TM\TM 01_SITE PLAN.DWG
SUBDIVISION9610

VESTING TENTATIVE MAP

TRUMARK TRAILSIDE

CITY OF BRENTWOOD CONTRA COSTA COUNTY CALIFORNIA
SCALE: 1" = 60' DATE: MARCH 2023
0 60 120 180 CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
SITE 4 VICINITY MAP
LEGEND

EXISTING PROPOSED

ABBREVIATIONS

OF SHEETS
SHEET NO.
1 4
GENERAL NOTES:

March 8,
Attachment 5

52 X SECTION C-C 55 SECTION B-B 15 SECTION A-A 32 X SECTION D-D39 9 ASHBOURNE PLACE ARIONE STREET

PONZA STREET

PONZA STREET

SLEPPY STREET

MONTCLAIR PLACE
STRATHAVEN PLACE BIORETENTION AREA PARCEL A D D B B AA EE BFE 112 BFE 104 BFE 104BFE 103 C C C C C C C C FF G G HH 567 11 9 8 121314 1518 19 20222124 1617 1234 31 32 33 3836 414240 474649 55 63 62 60 59 58 57 252630 48 29 37 44 45 43 56 54 35 28 61 34 27 535251 39 50 D D STRATHAVEN PLACE PONZA STREETSLEPPY STREET 10 23 PARCEL B SECTION F-F PARCEL B SECTION G-G SECTION H-H SECTION E-E 56 ITEM PARCEL B EARTHWORK SUMMARY CUT FILL PHASE 1 GRADING G:\1098-044\ACAD\TM\TM 02_GRADING.DWG SUBDIVISION9610 PRELIMINARY GRADING PLAN TRUMARK TRAILSIDE CITY OF BRENTWOOD CONTRA COSTA COUNTY CALIFORNIA SCALE: 1" = 60' DATE: MARCH 2023 0 60 120 180 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM ROSEVILLE (925) 866-0322 (916) 788-4456 OF SHEETS SHEET NO. 24 LEGEND ABBREVIATIONS Attachment
5

ASHBOURNE PLACE

ARIONE STREET PONZA STREET PONZA STREET SLEPPY STREET MONTCLAIR PLACE STRATHAVEN PLACE

BIORETENTION AREA

PARCEL A
5 6
7 11 9 8
12 13
14 15
18 19
20 22
21 24
16 17
1 2
3 4
31 32
33 38
36 41
42 40
47 46
49 55
57 62 60 59 58 63
25 26
30 48
29 39
37 44 45
43 56
54 35
28 61
34 27
53 52
51 50

PARCEL B STRATHAVEN PLACE

PONZA STREET

SLEPPY STREET
23 10
LEGEND

EXISTING PROPOSED

ABBREVIATIONS

MINIMUM UTILITY DEPTHS

AT STORM DRAIN CROSSINGS

MINIMUM UTILITY DEPTHS
MINIMUM DEPTH PROJECT PARAMETERS:
·
·
·
UTILITY DESIGN NOTES:

G:\1098-044\ACAD\TM\TM 03_UTILITIES.DWG
SUBDIVISION9610

PRELIMINARY UTILITY PLAN

TRUMARK TRAILSIDE

CITY OF BRENTWOOD CONTRA COSTA COUNTY CALIFORNIA
SCALE: 1" = 60' DATE: MARCH 2023
0 60 120 180 CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456

OF SHEETS
SHEET NO.
3 4
Attachment 5

ASHBOURNE PLACEBIORETENTION AREA PARCEL A DMA 1 IMP 1 DMA 2

MONTCLAIR PLACE PARCEL B

PONZA STREET

PONZA STREET
SLEPPY STREET 567 11 9 8 1213141518 1920222124 1617 1234 31 32 33 3836 414240 474649 5557 62 60 59 58 63 252630 48 29 3937 44 45 43 56 54 35 28 61 34 27 535251 STRATHAVEN PLACE 50 PONZA STREET SLEPPY STREET 2310 ARIONE STREET STRATHAVEN PLACE LEGEND EXISTING PROPOSED ABBREVIATIONS DMA 1 IMP 1 DRAINAGE MANAGEMENT AREA SUMMARY PRIVATE IMPROVEMENTS TREATMENT AREA G:\1098-044\ACAD\TM\TM 04_SWCP.DWG SUBDIVISION9610 STORMWATER CONTROL PLAN TRUMARK TRAILSIDE CITY OF BRENTWOOD CONTRA COSTA COUNTY CALIFORNIA SCALE: 1" = 60' DATE: MARCH 2023 0 60 120 180 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM ROSEVILLE (925) 866-0322 (916) 788-4456 OF SHEETS SHEET NO. 44 Attachment
5

ASHBOURNE PLACE

ARIONE STREET PONZA STREET PONZA STREET SLEPPY STREET MONTCLAIR PLACE STRATHAVEN PLACE (M)
1 (M)
2 (M)
3 (MP)
4 5
6 7
8 9
10 11
12 13
15 17
18 19
20 21
22 24 25
26 27
29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 46
47 48
49 50
51 52
53 54
55 56
57 59 58
60 62
63 16
28 14 61 23

PONZA STREET

SLEPPY STREET
G:\1098-044\ACAD\DP\1098-044_DP.DWG
SUBDIVISION 9610

PRELIMINARY

DEVELOPMENT PLAN

TRUMARK TRAILSIDE

CITY OF BRENTWOOD CONTRA COSTA COUNTY CALIFORNIA
SCALE: 1" = 50' DATE: MARCH 2023
0 50 100 150 CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456

PLAN TOTAL

PLAN MIX
%
PURSUANT TO PD-35

ELEVATION QUANTITY

PLAN A B C TOTAL

TYPICAL LOT SETBACKS
LEGEND
(M)
(MP)

PARKING LEGEND

PARKING COUNT
LOT
LOT

AREA (SF) PLAN

FOOTPRINT
(SF)
LOT

COVERAGE
1 8,894 1 2,917 33%
2 8,400 2 2,846 34%
3 8,400 3 2,655 32%
4 8,952 2 2,846 32%
5 8,169 1 2,917 36%
6 8,118 2 2,846 35%
7 13,674 3 2,655 19%
8 12,520 2 2,846 23%
9 8,411 1 2,917 35%
10 8,400 3 2,655 32%
11 12,590 2 2,846 23%
12 13,628 3 2,655 19%
13 8,027 2 2,846 35%
14 8,025 3 1,443 18%
15 4,210 Duet B 1,443 34%
16 4,210 Duet A 1,325 31%
17 8,022 3 2,655 33%
18 11,341 2 2,846 25%
19 8,980 3 2,655 30%
20 8,000 1 2,917 36%
21 8,000 2 2,846 36%
22 8,000 3 2,655 33%
23 8,000 2 2,846 36%
24 8,000 1 2,917 36%
25 8,872 3 2,655 30%
26 8,424 2 2,846 34%
27 4,212 Duet A 1,325 31%
28 4,212 Duet B 1,443 34%
29 8,424 3 2,655 32%
30 8,424 2 2,846 34%
31 10,870 1 2,917 27%
32 9,321 2 2,846 31%
33 8,910 3 2,655 30%
34 8,910 1 2,917 33%
35 8,862 2 2,846 32%
36 8,952 1 2,917 33%
37 9,000 2 2,846 32%
38 9,000 3 2,655 30%
39 12,409 1 2,917 24%
40 8,319 1 2,917 35%
41 8,163 3 2,655 33%
42 8,163 2 2,846 35%
43 8,163 1 2,917 36%
44 8,319 3 2,655 32%
45 8,319 2 2,846 34%
46 8,163 3 2,655 33%
47 8,163 1 2,917 36%
48 8,163 2 2,846 35%
49 8,319 3 2,655 32%
50 10,738 1 2,917 27%
51 10,738 3 2,655 25%
52 10,738 2 2,846 27%
53 11,381 1 2,917 26%
54 10,152 3 2,655 26%
55 10,183 2 2,846 28%
56 30,000 3 2,655 9%
57 8,540 1 2,917 34%
58 8,282 3 2,655 32%
59 8,282 2 2,846 34%
60 4,141 Duet B 1,443 35%
61 4,141 Duet A 1,325 32%
62 8,282 3 2,655 32%
63 8,540 1 2,917 34%
Attachment 5

L1.1

OVERALL

CONCEPT PLAN
25’
1”= 50’-0”
50’ 100’
4321567
Bioretenton AreaPicnic NookHandrails and paint to be installed on existing pedestrian bridgeTurfWalking PathPlanting AreaParkway Strip LEGEND
1 2
4 7
6 3
5 EXISTING PATH
Attachment 5

L1.2

LINEAR PARK
15’ 30’ 60’
1”= 30’-0”
87654321 Bioretenton Sod
Ornamental BouldersDry CreekbedPicnic NookSplit Rail FencingParkway StripWalking PathPlanting Area LEGEND
1 2
3 4
5 7
8 6
50’ HCP BUFFER

LINEAR PARK PLANTING
TREESSCIENTIFIC NAME COMMON NAME SIZE WUCOLSARBUTUS X ‘MARINA’ MARINA STRAWBERRY TREE 15 GAL. LCERCIS OCCIDENTALIS WESTERN REDBUD 15 GAL. L PLATANUS OCCIDENTALIS AMERICAN SYCAMORE 15 GAL. MPRUNUS CERASIFERA ‘KRAUTER VESUVIUS’ KRAUTER VESUVIUS PURPLE-LEAF PLUM 15 GAL. MQUERCUS AGRIFOLIA COAST LIVE OAK 15 GAL. LULMUS PARVIFOLIA ‘TRUE GREEN’ TRUE GREEN LACEBARK ELM 15 GAL. M SHRUBSABELIA X GRANDIFLORA GLOSSY ABELIA 5 GAL MAGAPANTHUS AFRICANUS AFRICAN LILY 1 GAL MARCTOSTAPHYLOS DENSIFLORA VINE HILL MANZANITA 15 GAL LCEANOTHUS X ‘DARK STAR’ DARK STAR WILD LILAC 15 GAL LCHONDROPETALUM TECTORUM SMALL CAPE RUSH 5 GAL L CISTUS X OBLONGIFOLIUS ROCKROSE 5 GAL LEPILOBIUM CANUM CALIFORNIA FUCHSIA 5 GAL LGALVEZIA SPECIOSA ISLAND SNAPDRAGON 5 GAL L GREVILLEA X ‘NOELLII’ NOEL GREVILLEA 5 GAL LHEMEROCALLIS X ‘STELLA DE ORO’ STELLA DE ORO DAYLILY 1 GAL MLANTANA MONTEVIDENSIS PURPLE TRAILING LANTANA 5 GAL L LIGUSTRUM JAPONICUM ‘TEXANUM’ TEXAS JAPANESE PRIVET 5 GAL LPENNISETUM SETACEUM ‘RUBRUM’ PURPLE FOUNTAIN GRASS 5 GAL L RHAMNUS CALIFORNICA CALIFORNIA COFFEEBERRY 15 GAL LRHUS OVATA SUGAR BUSH 15 GAL LSALVIA GREGGII AUTUMN SAGE 1 GAL LSALVIA LEUCANTHA MEXICAN BUSH SAGE 5 GAL LSCAEVOLA ALBIDA ‘MAUVE CLUSTERS’ MAUVE CLUSTERS FAIRY FAN FLOWER 1 GAL LTEUCRIUM CHAMAEDRYS GERMANDER 1 GAL MTULBAGHIA VIOLACEA SOCIETY GARLIC 1 GAL LXYLOSMA CONGESTUM SHINY XYLOSMA ESPALIER 5 GAL M

GROUNDCOVERS
ACACIA REDOLENS ‘LOW BOY’ LOW BOY BANK CATCLAW 1 GAL L
ARCTOSTAPHYLOS X ‘PACIFIC MIST’ PACIFIC MIST MANZANITA 1 GAL L BACCHARIS PILULARIS ‘PIGEON POINT’ PIGEON POINT COYOTE BRUSH 1 GAL LCEANOTHUS GRISEUS HORIZONTALIS CARMEL CREEPER 1 GAL L COPROSMA KIRKII ‘VARIEGATA’ CREEPING MIRROR PLANT 1 GAL L COTONEASTER DAMMERI ‘LOWFAST’ LOWFAST BEARBERRY COTONEASTER 1 GAL LGREVILLEA HUMILIS ‘COASTAL GEM’ COCONUT ICE GREVILLEA 1 GAL LWESTRINGIA FRUTICOSA ‘WES05’ TM MUNDI COAST ROSEMARY 1 GAL L FESTUCA X ‘BOLERO’ BOLERO DWARF FESCUE SOD M

CHARACTER IMAGES
SEE SHEET L1.3

TOP OF BANK
Attachment
5

L1.3

LINEAR PARK
15’ 30’ 60’
1”= 30’-0”

PEDESTRIAN BRIDGE RENOVATION
54321 Handrails and paint to
be installed on existing pedestrian bridgeTurfWalking PathPlanting AreaParkway Strip LEGEND
1 2
3 4
5 SEE SHEET L1.2

LINEAR PARK PLANTING
TREESSCIENTIFIC NAME COMMON NAME SIZE WUCOLSARBUTUS X ‘MARINA’ MARINA STRAWBERRY TREE 15 GAL. LCERCIS OCCIDENTALIS WESTERN REDBUD 15 GAL. LPLATANUS OCCIDENTALIS AMERICAN SYCAMORE 15 GAL. MPRUNUS CERASIFERA ‘KRAUTER VESUVIUS’ KRAUTER VESUVIUS PURPLE-LEAF PLUM 15 GAL. MQUERCUS AGRIFOLIA COAST LIVE OAK 15 GAL. LULMUS PARVIFOLIA ‘TRUE GREEN’ TRUE GREEN LACEBARK ELM 15 GAL. M SHRUBSABELIA X GRANDIFLORA GLOSSY ABELIA 5 GAL MAGAPANTHUS AFRICANUS AFRICAN LILY 1 GAL MARCTOSTAPHYLOS DENSIFLORA VINE HILL MANZANITA 15 GAL LCEANOTHUS X ‘DARK STAR’ DARK STAR WILD LILAC 15 GAL L CHONDROPETALUM TECTORUM SMALL CAPE RUSH 5 GAL L
CISTUS X OBLONGIFOLIUS ROCKROSE 5 GAL LEPILOBIUM CANUM CALIFORNIA FUCHSIA 5 GAL LGALVEZIA SPECIOSA ISLAND SNAPDRAGON 5 GAL L GREVILLEA X ‘NOELLII’ NOEL GREVILLEA 5 GAL LHEMEROCALLIS X ‘STELLA DE ORO’ STELLA DE ORO DAYLILY 1 GAL MLANTANA MONTEVIDENSIS PURPLE TRAILING LANTANA 5 GAL LLIGUSTRUM JAPONICUM ‘TEXANUM’ TEXAS JAPANESE PRIVET 5 GAL LPENNISETUM SETACEUM ‘RUBRUM’ PURPLE FOUNTAIN GRASS 5 GAL L RHAMNUS CALIFORNICA CALIFORNIA COFFEEBERRY 15 GAL LRHUS OVATA SUGAR BUSH 15 GAL LSALVIA GREGGII AUTUMN SAGE 1 GAL LSALVIA LEUCANTHA MEXICAN BUSH SAGE 5 GAL LSCAEVOLA ALBIDA ‘MAUVE CLUSTERS’ MAUVE CLUSTERS FAIRY FAN FLOWER 1 GAL LTEUCRIUM CHAMAEDRYS GERMANDER 1 GAL MTULBAGHIA VIOLACEA SOCIETY GARLIC 1 GAL LXYLOSMA CONGESTUM SHINY XYLOSMA ESPALIER 5 GAL M

GROUNDCOVERS
ACACIA REDOLENS ‘LOW BOY’ LOW BOY BANK CATCLAW 1 GAL LARCTOSTAPHYLOS X ‘PACIFIC MIST’ PACIFIC MIST MANZANITA 1 GAL L BACCHARIS PILULARIS ‘PIGEON POINT’ PIGEON POINT COYOTE BRUSH 1 GAL LCEANOTHUS GRISEUS HORIZONTALIS CARMEL CREEPER 1 GAL L COPROSMA KIRKII ‘VARIEGATA’ CREEPING MIRROR PLANT 1 GAL L COTONEASTER DAMMERI ‘LOWFAST’ LOWFAST BEARBERRY COTONEASTER 1 GAL LGREVILLEA HUMILIS ‘COASTAL GEM’ COCONUT ICE GREVILLEA 1 GAL LWESTRINGIA FRUTICOSA ‘WES05’ TM MUNDI COAST ROSEMARY 1 GAL L FESTUCA X ‘BOLERO’ BOLERO DWARF FESCUE SOD M
50’ HCP BUFFER
Attachment
5

25’
1”= 50’-0”
50’ 100’
L2.1

OVERALL TREE

AND FENCE PLAN
Tillia cordataZelkova serrataLagerstroemiaAcer RubrumQuercus agrifoliaUlmus parvifoliaCercis occidentalisPrunus cerasiferaPlatanus occidentalisArbutus marina

TREE LEGEND
Attachment 5

25’
1”= 50’-0”
50’ 100’
L2.2

OVERALL TREE

AND FENCE PLAN
Good Neighbor FenceGood Neighbor Fence with Lattice4’ HT Split Rail FenceMasonry WallGood Neighbor Fence on Retaining Wall

EXISTING
SUBDIVISION 8408

SECTION AGOOD NEIGHBOR FENCE

PROPOSED
SUBDIVISION 9610

FENCING LEGEND
Existing fence to be removed replaced with good neighbor fence pending adjacent homeowner approval Subdivision 8408
A
A
A
A
Subdivision 8408
Attachment
5

1”= 12’-0”
12’ 24’
L3.1

FRONT YARD

TYPICALS
PLAN 2 PLAN 3 PLAN DUET PLAN 1
Attachment
5

L4.1
PLANT

PALETTE
SHRUBSTREESAbelia x ‘Grandiflora’Arbutus X ‘Marina’
Grevillea x ‘Noellii’
Cercis occidentalis
Hemerocallis X ‘Stella De Oro’
Arctostaphylos densiflora ‘Howard Mcminn’
Platanus occidentalis
Lantana montevidensis
Ceanothus ‘Dark Star’
Prunus cerasifera ‘Krauter Vesuvius’
Ligustrum japonicum ‘Texanum’
Chondropetalum tectorum
Quercus agrifolia
Lomandra longifolia ‘Breeze’
Cistus x oblongifolius Epilobium canum
Ulmus parvifolia ‘True Green’
Pennisetum setaceum ‘Rubrum’Galvezia speciosa
Glossy AbeliaMarina Strawberry Tree Standard
Noel Grevillea
Western Redbud Multi-Trunk
Stella de Oro Daylily
Howard Mcminn Manzanita
American Sycamore
Purple Trailing Lantana
Dark Star Wild Lilac
Krauter Vesuvius Purple-Leaf Plum
Texas Japanese Privit
Small Cape Rush
Coast Live Oak
Breeze Mat Rush
Rockrose California Fuschia
True Green Lacebark Elm
Purple Fountain GrassIsland Snapdragon
Rhus ovata Salvia leucantha Scaevola albida ‘Mauve Clusters’ Teucrium chamaedrysSugar Bush Mexican Bush Sage Mauve Clusters Fairy Fan Flower Germander Rhamnus californicaCalifornia Coffeberry
Attachment
5

PLANT PALETTE L4.2
PLANT

PALETTE
GROUNDCOVERSSHRUBS (CONT.)
Ceanothus griseus horizontalis ‘Yankee Point’
Coprosma kirkii ‘Variegata’ Cotoneaster dammeri ‘Lowfast’ Grevillea humilis ‘Coastal Gem’ Westringia fruticosa ‘Wes05’Acacia redolens ‘Lowboy’ Arctostaphylos x ‘Pacific Mist’Tulbaghia violacea Xylosma congestum Yankee Point Carmel Creeper
Creeping Mirror Plant Coconut Ice Grevillea Lowfast Bearberry Cotoneaster Mundi Coast RosemaryProstrate Acacia Pacific Mist ManzanitaSociety Garlic Shiny Xylosma Attachment
5

PLANT PALETTE L5.1

CONSTRUCTION

DETAILS
Attachment 5

PLANT PALETTE L5.2

CONSTRUCTION

DETAILS
Attachment 5

PLANT PALETTE L5.3

CONSTRUCTION

DETAILS
Attachment 5

25’
1”= 50’-0”
50’ 100’
L2.3

PRELIMINARY

MAILBOX PLAN
8-Door13-Door16-Door

MAILBOX LEGEND
Subdivision 8408
Subdivision 8408
8-Door 13-Door 16-Door
24 Lots
39 Lots
NOTE:MAILBOX LOCATIONS SUBJECT TO CHANGE PENDING REVIEW BY POSTMASTER Attachment
5

Attachment 5

W D
80'-0" MINIMUM 99'-0" MINIMUM 8'-0" 12'-0"
7'-0"

SETBACK
13'-0" 20'-0" SETBACK
SETBACK 20'-0" SETBACK

COVERED LOGGIA
W D
80'-0" MINIMUM 99'-0" MINIMUM 8'-0" 12'-0"
7'-0"

SETBACK
13'-0" 20'-0" SETBACK
SETBACK 20'-0" SETBACK

ARCHITECTURAL

PROJECTION

COVERED LOGGIA
W D
80'-0" MINIMUM 99'-0" MINIMUM 8'-0" 12'-0"
7'-0"

SETBACK
13'-0" 20'-0" SETBACK
SETBACK 20'-0" SETBACK
COVERED LOGGIA 373.012 Apricot
Brentwood, CA
October 7, 2022
Trumark Homes
3001 Bishop Drive, Suite 100, San Ramon, CA 94583
925.648.8300
PLAN 1 SETBACK EXHIBIT
A01
0 2' 4' 6' 8' 16'

PRAIRIE FIRST FLOOR PLAN CRAFTSMAN FIRST FLOOR PLAN FARMHOUSE FIRST FLOOR PLAN V:\373012_TRU Apricot\03_CAD\373012\04_Sheets\DRB\A01 PLAN 1 SETBACK EXHIBIT.dwg, 10/5/2022 10:18:53 AM, MThomas Attachment 5

W D
PANTRY
UP 59'-0"
60'-0"

WALK-IN
CLOSET 48'-0" 8'-0"
LINEN
2-CAR GARAGE
19'-10" x 20'-1"
ENTRY
PWDR
DINING
13'-10" x 11'-2"

KITCHEN
PORCH
LNDY

PRIMARY

BEDROOM
16'-9" x 14'-0"

PRIMARY
BATH
BEDROOM 2
10'-5" x 11'-8"
BATH 2
1-CAR GARAGE
21'-0" x 10'-1"
LOGGIA
26'-0" x 8'-0"
FAMILY
ROOM
21'-2" x 25'-10"
BEDROOM 2
10'-5" x 11'-0" 373.012 Apricot
Brentwood, CA
October 7, 2022
Trumark Homes
3001 Bishop Drive, Suite 100, San Ramon, CA 94583
925.648.8300
PLAN 1 FIRST FLOOR PLAN
A02
FIRST FLOOR PLAN 0 1' 2' 3' 4' 8'

SQUARE FOOTAGES

FIRST FLOOR

SECOND FLOOR

TOTAL LIVING
2-CAR GARAGE
1-CAR GARAGE
PORCH
LOGGIA
2280 SQ. FT.
751 SQ. FT.
3031 SQ. FT.
412 SQ. FT.
225 SQ. FT.
126 SQ. FT.
219 SQ. FT.

V:\373012_TRU Apricot\03_CAD\373012\04_Sheets\DRB\A02 PLAN 1 FIRST FLOOR PLAN.dwg, 10/5/2022 11:44:39 AM, MThomas Attachment 5

BEDROOM 3
10'-7" x 12'-4"

WALK-IN
CLOSET

OPEN TO
BELOW
BEDROOM 4
10'-7" x 12'-4"
BATH 3
LOFT
21'-0" x 13'-5"
DN

WALK-IN
CLOSET 373.012 Apricot
Brentwood, CA
October 7, 2022
Trumark Homes
3001 Bishop Drive, Suite 100, San Ramon, CA 94583
925.648.8300
PLAN 1 SECOND FLOOR PLAN
A03

SECOND FLOOR PLAN
0 1' 2' 3' 4' 8' V:\373012_TRU Apricot\03_CAD\373012\04_Sheets\DRB\A03 PLAN 1 SECOND FLOOR PLAN.dwg, 10/5/2022 11:45:12 AM, MThomas Attachment 5

Attachment 5

Attachment 5

Attachment 5

Attachment 5

Attachment 5

Attachment 5

80'-0" MINIMUM 19'-5"
7'-0"

SETBACK
13'-0" 20'-0" SETBACK
SETBACK 20'-0" SETBACK 99'-0" MINIMUM 16'-6"
PORCH
COVERED LOGGIA 16'-0" 99'-0" MINIMUM 20'-0" SETBACK
13'-0"
SETBACK 20'-0" SETBACK
7'-0"
SETBACK 18'-11"
80'-0" MINIMUM
PORCH

COVERED LOGGIA
PORCH
80'-0" MINIMUM 18'-11"
7'-0"

SETBACK
13'-0" 20'-0" SETBACK
SETBACK 20'-0" SETBACK 99'-0" MINIMUM 16'-0"
COVERED LOGGIA 373.012 Apricot
Brentwood, CA
October 7, 2022
Trumark Homes
3001 Bishop Drive, Suite 100, San Ramon, CA 94583
925.648.8300
PLAN 2 SETBACK EXHIBIT
A10
0 2' 4' 6' 8' 16'

PRAIRIE FIRST FLOOR PLAN CRAFTSMAN FIRST FLOOR PLAN FARMHOUSE FIRST FLOOR PLAN V:\373012_TRU Apricot\03_CAD\373012\04_Sheets\DRB\A10 PLAN 2 SETBACK EXHIBIT.dwg, 10/5/2022 10:30:31 AM, MThomas Attachment 5

PANTRY
UP 57'-0"
60'-0"

WALK-IN
CLOSET 2'-7" 4'-6"
4-CAR GARAGE
21'-2" x 40'-0"
ENTRY
PWDR
DINING
17'-0" x 14'-0"

KITCHEN
PORCH
BEDROOM 5
12'-6" x 12'-0"
BATH 4
FLEX
13'-0" x 15'-0"
NOOK
16'-5" x 9'-6"
LOGGIA
21'-7" x 10'-0"
FAMILY
ROOM
20'-6" x 16'-2" 373.012 Apricot
Brentwood, CA
October 7, 2022
Trumark Homes
3001 Bishop Drive, Suite 100, San Ramon, CA 94583
925.648.8300
PLAN 2 FIRST FLOOR PLAN
A11
FIRST FLOOR PLAN 0 1' 2' 3' 4' 8'

SQUARE FOOTAGES

FIRST FLOOR

SECOND FLOOR

TOTAL LIVING
4-CAR GARAGE
PORCH
LOGGIA
1977 SQ. FT.
1801 SQ. FT.
3778 SQ. FT.
869 SQ. FT.
207 SQ. FT.
218 SQ. FT.

V:\373012_TRU Apricot\03_CAD\373012\04_Sheets\DRB\A11 PLAN 2 FIRST FLOOR PLAN.dwg, 10/5/2022 11:47:18 AM, MThomas Attachment 5

WALK-IN
CLOSET
LINEN

WALK-IN

CLOSET D W
DN
LNDY

PRIMARY

BEDROOM
19'-0" x 14'-9"

PRIMARY
BATH
BEDROOM 2
12'-0" x 12'-0"
BEDROOM 4
12'-0" x 11'-8"
BATH 3
LOFT
11'-9" x 14'-0"
BEDROOM 3
13'-8" x 12'-0"
BATH 2 373.012 Apricot
Brentwood, CA
October 7, 2022
Trumark Homes
3001 Bishop Drive, Suite 100, San Ramon, CA 94583
925.648.8300
PLAN 2 SECOND FLOOR PLAN
A12
SECOND FLOOR PLAN 0 1' 2' 3' 4' 8' V:\373012_TRU Apricot\03_CAD\373012\04_Sheets\DRB\A12 PLAN 2 SECOND FLOOR PLAN.dwg, 10/5/2022 11:46:46 AM, MThomas Attachment 5

Attachment 5

Attachment 5

Attachment 5

Attachment 5

Attachment 5

Attachment 5

80'-0" MINIMUM 26'-0"
7'-0"

SETBACK
13'-0" 20'-0" SETBACK
SETBACK 20'-0" SETBACK 99'-0" MINIMUM 16'-0"
PORCH
COVERED LOGGIA 16'-0" 99'-0" MINIMUM 20'-0" SETBACK
13'-0"
SETBACK 20'-0" SETBACK
7'-0"
SETBACK 25'-0"
80'-0" MINIMUM
PORCH

COVERED LOGGIA
PORCH
80'-0" MINIMUM 25'-0" 7'-0"

SETBACK
13'-0" 20'-0" SETBACK
SETBACK 20'-0" SETBACK 99'-0" MINIMUM 16'-0"
COVERED LOGGIA 373.012 Apricot
Brentwood, CA
October 7, 2022
Trumark Homes
3001 Bishop Drive, Suite 100, San Ramon, CA 94583
925.648.8300
PLAN 3 SETBACK EXHIBIT
A19
0 2' 4' 6' 8' 16'

PRAIRIE FIRST FLOOR PLAN CRAFTSMAN FIRST FLOOR PLAN FARMHOUSE FIRST FLOOR PLAN V:\373012_TRU Apricot\03_CAD\373012\04_Sheets\DRB\A19 PLAN 3 SETBACK EXHIBIT.dwg, 10/5/2022 10:30:56 AM, MThomas Attachment 5

PANTRY
UP 47'-0"
60'-0"

WALK-IN
CLOSET 4'-0" 7'-0"
FAMILY
ROOM
19'-0" x 15'-3"
ENTRY
PWDR
DINING
14'-1" x 15'-1"

KITCHEN
PORCH
BEDROOM 5
13'-5" x 12'-0"
BATH 4
FLEX
14'-8" x 13'-0"
NOOK
12'-10" x 7'-5"
LOGGIA
19'-0" x 11'-6"
3-CAR TANDEM
GARAGE
21'-5" x 40'-0"
OPT. PREP KITCHEN/
HOME OFFICE 373.012 Apricot
Brentwood, CA
October 7, 2022
Trumark Homes
3001 Bishop Drive, Suite 100, San Ramon, CA 94583
925.648.8300
PLAN 3 FIRST FLOOR PLAN
A20
FIRST FLOOR PLAN 0 1' 2' 3' 4' 8'

SQUARE FOOTAGES

FIRST FLOOR

SECOND FLOOR

TOTAL LIVING
3-CAR TANDEM GARAGE
PORCH
LOGGIA
1967 SQ. FT.
2373 SQ. FT.
4340 SQ. FT.
688 SQ. FT.
170 SQ. FT.
226 SQ. FT.

V:\373012_TRU Apricot\03_CAD\373012\04_Sheets\DRB\A20 PLAN 3 FIRST FLOOR PLAN.dwg, 10/5/2022 11:48:46 AM, MThomas Attachment 5

WALK-IN
CLOSET

WALK-IN
CLOSET
DN

WALK-IN
CLOSET

WALK-IN
CLOSET

OPEN TO

BELOW D W
LNDY

PRIMARY

BEDROOM
18'-0" x 18'-0"

PRIMARY
BEDROOM 2 BATH
14'-6" x 12'-0"
BEDROOM 4
12'-0" x 14'-0"
BATH 3
BONUS
16'-9" x 19'-5"
BEDROOM 3
14'-6" x 12'-0"
BATH 2
LINEN 373.012 Apricot
Brentwood, CA
October 7, 2022
Trumark Homes
3001 Bishop Drive, Suite 100, San Ramon, CA 94583
925.648.8300
PLAN 3 SECOND FLOOR PLAN
A21
SECOND FLOOR PLAN 0 1' 2' 3' 4' 8' V:\373012_TRU Apricot\03_CAD\373012\04_Sheets\DRB\A21 PLAN 3 SECOND FLOOR PLAN.dwg, 10/5/2022 11:48:29 AM, MThomas Attachment 5

Attachment 5

Attachment 5

Attachment 5

Attachment 5

Attachment 5

Attachment 5

80'-0" MINIMUM 26'-0"
7'-0"

SETBACK
13'-0" 20'-0" SETBACK
SETBACK 20'-0" SETBACK 99'-0" MINIMUM
PORCH
PORCH
80'-0" MINIMUM 26'-0"
7'-0"

SETBACK
13'-0" 20'-0" SETBACK
SETBACK 20'-0" SETBACK 99'-0" MINIMUM
PORCH
PORCH
80'-0" MINIMUM 26'-0" 7'-0"

SETBACK
13'-0" 20'-0" SETBACK
SETBACK 20'-0" SETBACK 99'-0" MINIMUM
PORCH
PORCH 373.012 Apricot
Brentwood, CA
October 7, 2022
Trumark Homes
3001 Bishop Drive, Suite 100, San Ramon, CA 94583
925.648.8300

DUET SETBACK EXHIBIT
A28
0 2' 4' 6' 8' 16'

PRAIRIE FIRST FLOOR PLAN CRAFTSMAN FIRST FLOOR PLAN FARMHOUSE FIRST FLOOR PLAN V:\373012_TRU Apricot\03_CAD\373012\04_Sheets\DRB\A28 DUET SETBACK EXHIBIT.dwg, 10/5/2022 10:31:20 AM, MThomas Attachment 5

53'-0" 32'-7 1/2" 6'-0"
60'-0"
2-CAR GARAGE
20'-5" x 20'-1"
ENTRY
DINING
9'-11" x 13'-1"
PORCH
BEDROOM 4
11'-11" x 11'-0"
BATH 3
2-CAR GARAGE
20'-5" x 20'-1"
PWDR

WALK-IN
CLOSET
ENTRY
UP UP
PORCH

KITCHEN
DINING
13'-10" x 7'-0"
FAMILY
ROOM
19'-7" x 10'-3"
FAMILY
ROOM
16'-11" x 13'-1"
KITCHEN 373.012 Apricot
Brentwood, CA
October 7, 2022
Trumark Homes
3001 Bishop Drive, Suite 100, San Ramon, CA 94583
925.648.8300

DUET FIRST FLOOR PLAN
A29

FIRST FLOOR PLAN
0 1' 2' 3' 4' 8'

DUET A SQUARE FOOTAGES

FIRST FLOOR

SECOND FLOOR

TOTAL LIVING
2-CAR GARAGE
897 SQ. FT.
1005 SQ. FT.
1902 SQ. FT.
428 SQ. FT.

DUET B SQUARE FOOTAGES

FIRST FLOOR

SECOND FLOOR

TOTAL LIVING
2-CAR GARAGE
1015 SQ. FT.
1181 SQ. FT.
2196 SQ. FT.
428 SQ. FT.

V:\373012_TRU Apricot\03_CAD\373012\04_Sheets\DRB\A29 DUET FIRST FLOOR PLAN.dwg, 10/5/2022 11:50:57 AM, MThomas Attachment 5

DN
W D
D W
DN
LNDY

PRIMARY

BEDROOM
16'-9" x 12'-5"

PRIMARY
BATH
BEDROOM 2
11'-0" x 12'-0"
BEDROOM 3
11'-1" x 12'-0"
BATH 2

PRIMARY
BATH

WALK-IN
CLOSET

WALK-IN
CLOSET

WALK-IN
CLOSET

PRIMARY

BEDROOM
14'-1" x 13'-0"
BEDROOM 2
11'-6" x 10'-1"
BEDROOM 3
11'-1" x 12'-0"
BATH 2
LNDY 373.012 Apricot
Brentwood, CA
October 7, 2022
Trumark Homes
3001 Bishop Drive, Suite 100, San Ramon, CA 94583
925.648.8300

DUET SECOND FLOOR PLAN
A30

SECOND FLOOR PLAN
0 1' 2' 3' 4' 8' V:\373012_TRU Apricot\03_CAD\373012\04_Sheets\DRB\A30 DUET SECOND FLOOR PLAN.dwg, 10/5/2022 11:50:37 AM, MThomas Attachment 5

Attachment 5

Attachment 5

Attachment 5

Attachment 5

Attachment 5

Attachment 5

Attachment 5

Attachment 5

Attachment 5

  



 





 


 

 !"
#$

%&'!

   !"
()
*+%%,-!."%/  


0*12%.3#4
!55'
-!*
%

%671!86!
'9
,# +:
-:

-'7,9!;9*

"6
*!*
/$7),
/
9 %
 <!5=;6$<>?@AB*%-!*?39

"'C
!1
'D 9
,
*
!''%*9#%
)
%C*
*
%
)!9

#%
%5
 95!-'%*!,E!-
**%$!
,F8#!
,%*:'!*,
15%/1
*9.6:5%E-*!'9%

-'7,9!,9
"
 /
+=GHIICAA?B
%*::%19*%) -%
9*7-*,%
*:?3'%*9=

-'7,

"JK9

"'C
!1
'D,*!-:,:%19!
,9
L!

%,!)',7*9B. 6:5%E-*
9'%-!*,!*@KKK45
-%*M!D=4&29 A@>CA>ICA@3!
,A@>CA>ICA3NB.&797!
**%*: F!'

%

!O
/
%
1
*!'P7!'
*D4-*$-*
%
 @J@Q3#*:5%E-*
9-%
9 9*
*+
*:*: ,/'%51
*,
9 *D9*!)'
9:,)D!F%117

*D &'!
#R
!'&'!
#%S%

"
%+:
-:!
 
/
%
1
*!'
15!-*5%*=O0HB:!9)
 -*

,.4
O0H+!955!,!
,-*

,)D*: F
*DF%7
-
'!95!*%
*:T
*+%%,R
!'&'!
 =$F UIA@NAIIAJQB

IA@N.6:
%#
%
7*: 
/
%
1
*!'!
!'D9
9
9V7
,!9*:5%5%9, ;9*

"6
*!*
/$7),
/
9 %
<!5
9-%
9 9*
* +
*:*:R
!'&'!
. 
 
WX


6:IA.>AC!-5%E-*9
*-%
9 9*9%
*+%5!-'9 !*@KKK45
-%*Y!
!**:*1

79%
$*!*:!/
 &'!-!
,<%
*-'!
&'!-=4&29A@>CA>ICA@3!
, A@>CA>ICA3NB. 





H9
,
*
!'ZY%+G
9 *D=HCYGB 
W

&'!

,G/'%51
*2%.3J$7)!![=&G3JC[B 
\
<'

!4. %79#$!'/%O.4
%
#!
,G)!H. <!""
%!#*!'. 



671!8 %19]&!12
*

" 
^


2]4 
_
`abcde`fghij Attachment 6






















!"
#

"$%&

'(()*
+

%

,

-

.

/-

0$-%
12 3/04125*
0$-%




67&
8,



-

-
,


&-

7-
9&

:;;<*


=7-





7



4 

.=


7










-
/-

0$-%
.*



$-&-
-

,







=7-7-
-



>
%



$-%*

?@AB
 BACB







-


7-

7
$-




$
--

&
7


=7-7-
7*






&

--

%


D

>
,
=
%-



7&

7
-
=-

$=*




77,
,


$=
*

EFGGHFIJKIL
MNIJ
OPQP
"R

6S
)22<
3=
=-4%-

%5
/0412
67&
T
UR

6S
)22<
3=
=-4%-

%5
/0412
67&
T,


=
VU4 V
U
-
67R

6

>,

7

W-

-


&,



77
6

>
6

%-
XR

6S
)():
3=-4%-

%
7

7,
/>

Y--5
/0412
67&
Z

[\]^_`
a

`_\bc
d\ef
?_gh`ie
j\e`

klkm
nQGKNo
pqHrH

sQrNKoQJ
tGHuQvr
sQPvGKprKHI

7%>
w%

x7=

$=
$
7&
$
%
3Y
6S
(<';5


<1
=-4%-


-
-,

&4
&,



-



6

y
z{|}~
z€
‚ƒ„ Attachment 6

 



 







  


! "






#


 


 $


 %&

"
' 

 

  (""
 #
 
!
 






)
"*+,,-"
 

%& 





"
,

+$ &*-"
)



 (


"







 



 
"


 




 (




.



!




#$-"
) 




 (""
 #

/

 "
'








  "







 

 "









 









)

0


'1

23456789:;<=64>?6@A@ABC6@=D7 
'


 







 

E
F
 
GHGIJKLKM NOPOQRSTSRPRPUVWXYZP[\SO]OP^ 
E
F
 



_



"

 


`

' 



"

"++
% 







" $
a
 



E
F
 
'





# # 
 3;b9cB8@D7>b97738bB3>BdeABfB4Bb3<g<343<797@3@B7@A3@@AB:65 


"



 



"
 
'













 
'
"$ 










E
F
 
h 




#
0




C6@=D7ijklfB4Bb3<F
 

$m
.

 
 

 






 -


 "





  







"1





 



 



 



 

E
F
 m
.

 
 

""
 #






"
'
#















 -

'
"

 ""
 #




#






"







 







"



 


#

 #'

E
F
 m
.

 "

n 
opqrIstu\Y^RvSZYwRSRPUXYOxR^^OQPZPyQOP^zWWU^wR^xQW{ZUOY|WQRUZ{OQYO}YOS|~YX||ZZOP^ W]]XPZ^€^wR^W||OQYRvQWRUYxO^QX]W|WvWxxWQ^XPZ^ZOY}wWXYZP[^€xOY}W]]XPZ^€ |RZSZ^ZOY}RPUW]]OQZRSYOQ{ZOY‚  



 
 





 "
  
"
""


'



""#
 

"

#'
 %& 

 

"
'



 (


 ""
 #
 

 
opqrƒ„tu
RZSZ^R^ORUZ{OQYZ^€W|wWXYZP[WxxWQ^XPZ^ZOY^WOPwRP†‡ˆ‰‡Š‹ˆŒŽ‹‹‘’‡‘‹“”‘•‡‘ˆ RPU^WYR^ZY|€^wOYwOS^OQPOOUYW|RSSyQOP^zWWUQOYZUOP^Y‚  


 
 





 "
 

'



"" #
 

"

#'
 %& 

 

"
'



 ( 


 ""
 #
 





##


 

"'


 
opqrƒ„–u\PWXQR[OwWXYZP[^wR^ZYR||WQURvSO^WRSSYWZW~‡†”‘”•‹†Ž‡’•‡‘ˆŽ”—˜“‡‘ˆ™””šŽ xWxXSR^ZWP‚  



 (""
 #

/

 "
'








  "







 

 "








"



›
œžŸ ¡œ¢£¤¥¦ Attachment 6




    

 

!
" 

 #
$%
&"' "!
 (
)* )
+,-./0 12342 56789:;<=> ?:@A BCC6DE;F9> G6HI:<J KDE:<;<=>L B99 <>? D>I:E><@:;9 8D6M>=@I IA;99 NOPQRST UVVPOSUWXT YPZ[R\] Z\R^[ R\ U__POSU\_T `R^Y ^YT aR^bc[ USPN^TS BCC6DE;F9> G6HI:<J KDE:<;<=> 5A;8@>D defeghf iA> 5:@j ?:99 =6<@:<H> @6 D>k:>? ;<E 76<:@6D @A> 6<J6:<J TVVT_^RQT\T[[ PV ^YT aR^bc[ UVVPOSUWXT YPZ[R\] POSR\U\_T ^P T\[ZOT STQTXPNTO[ NOPQRST U _TO^UR\ 8>D=><@;J> 6C <>? A67>I @6 lH;9:Cj:<J A6HI>A69EI ;@ ;< ;CC6DE;F9> =6I@ C6D @A> 96<J>I@ C>;I:F9> @:7>f iA> 6DE:<;<=> IA;99 ;9I6 =6<@:<H> @6 :<=9HE> ; 9:I@ 6C ;H@67;@:=;99j ;k;:9;F9> E>k>9687><@ :<=><@:k>I @6 ><=6HD;J> @A> =6<I@DH=@:6< 6C @A> :<=9HI:6<;Dj H<:@Im ;I ?>99 ;I 8D6k:E> @A> E>@;:9I C6D ;k;:9;F9> ;9@>D<;@:k>I @6 I;@:ICj :<=9HI:6<;Dj A6HI:<J 6F9:J;@:6<If n(
op pq

) ( ( r$%
stt
u
 v
)* w
p ux
y*
tt
u

) 
pp
p ( ( 
p (
 
)  ttp
 ( q (
op 
) q pq

  z
x {|{{}
 ) )
uop  ( 
p
tt
u
x ~
q n(
op )
y* )
tt
u

)} (  )y t yx
€pq (
)(
)}  )y t
€pq (
)(
)}
  )y t q
€pq (
)(
)} p)) ( ( 
p
+,-./0 ‚ 342 ƒ@:9:„> E><I:@j @D;<I:@:6<I :< 6DE>D @6 8D6@>=@ @A> :<@>JD:@j 6C > :I@:<J 9;<E HI> 8;@@>D<I ;<E 7:<:7:„> @A> :78;=@I 6< > :I@:<J HI>I ;<E D>I:E><@If †@ IA;99 F> 5:@j 869:=jL
df i6 96=;@> 96?>D D>I:E><@:;9 E><I:@:>I ;EM;=><@ @6 68>< I8;=>m ;D>;I 6C ;JD:=H9@HD;9 HI>m ;<E > :I@:<J 96?>D E><I:@j D>I:E><@:;9 ;D>;I‡
gf i6 96=;@> A:JA>D D>I:E><@:;9 E><I:@:>I :< 8D6
:7:@j @6 I>Dk:=>Im @D;<I:@m ;<Eˆ6D >7896j7><@ ;=@:k:@j =><@>DI‡ ‰f i6 D>lH:D> FHCC>D 96@I :< <>? D>I:E><@:;9 E>k>9687><@I @A;@ ;FH@ 6D C;=> > :I@:<J 9;DJ> D>I:E><@:;9 96@I ;I C6996?IL
Ff 8D686I>E 96@I C;=:<J 6D ;FH@@:<J >
:I@:<J D>I:E><@:;9 96@I „6<>E Š;<=A>@@> ‹I@;@> ŒŠ‹ 6D 6C 6<> ;=D> 6D 76D> IA;99 A;k> ; 7:<:7H7 ;D>; 6C gŽmŽŽŽ IlH;D> C>>@‡ y (
)p t
)  ‘
p( ’)
 p
x  ( 
)} (

)

o
p  ()

p
) ) ~
 ux ()

px  (
y
qq
q

t {|}||| )~

 t n(
op q) () ~
q ux

)*  “|}||| )~

 t


* ( 
)
op u

x n() pt*

 


y
y)

u
tt  qq ( q

p t ( y

q  ( )* ))

p ( *x t ( )*


)

)  ( 
)
”6<:<J 56<I:I@><=j n(
op )  •

 –y

q “— ˜•–€“—™} š
u

› n( ~
 qq
q
 ) ) œ}||| )~

 t
 (

)
) 
* tq œ}|||  “}žŸ  )~

 t  )} ( ( p
 t ( 

)
 

* )


p


* ( 
) * t ( )}
o
p  ( )* ‘
p( ’)

) (
 

 u “|}||| )~

 t  ) s) p} (

)
)
 
( 

)
 q)

~
q)} )u
p¡ ~
q)}
 ( (
)
p) t ( y

q t •–€“—} š
u

›}
)
y  ( 
u
 u
¢
£
¤¥¦§¨© ¤ª« ¬­¬ Attachment 6





 


!"!!#$

!"!!#$
%& '"!!#('"!!#(
)
*



+, ("!!#-(.!!#-

*



+, '"!!#/01#23 44 !4#!5"("!!#6 '"!!#/01#23 44 !4#!5"("!!#6 




+, $"!!#$"!!# 7

*

 ("!!#/8#15
93:!# $-"!!#6 ("!!#/8#15
93:! $-"!!#6 ;<<



,= 
+
>
?

=
((

@AB=C
=& -"!!#3D#05
#5 1!
(E"!!#$$1392!


+

=
<

F

=B

G&


=
+&



 


 B



G
<B
(HI (HJKI 

+

=
<

F


B
==

=
 $I (HJKI $LMNO!9#153$'J'(HJ-J./$6PP50
"5 !D
9!DQ131Q
QP5#
1R!
"5 ""5 D:P!D
!#
31#
J
(N
PSD!S
9P5#

2PP2T!01D#25"35#P!

#23
!T!3#U"!!#Q!

!D#21 #U"!!#" 5Q#2!" 53#8 58! #UP13!J
-V5 92!
QU!39 592
8#5K"!!#13#5#2! !

1 !D" 53#
!#:9W8! N28#! $'JXXJH KV#15
QU!39 592
8#5"!!#13#5#2! !

1 !D !
!#:9W8! N28#! $'JXXJH
YZ[\]^_`Zabcd`]^_Zefgh]_bgigZj k2!8 5l!9#88P19#1530
D!!Q!D95Q8P!#!13MU(((3D#2! !"5 !1

:l!9##5#2!mnopqr s""5 D:P!t5

134u D1339!N28#! $'J'(H#2#0
13!""!9###2##1Q!Jk2#5 D1339! !

1 !
#2!8 5l!9##5 !
! T!#!38! 9!3#/$I65"#5#P
31#

""5 D:P!
31#
Jv3D! #2# 5 D1339!#2!8 5l!9#1
!

1 !D#58 5T1D!
1w""5 D:P!
31#
01#2#05 !
! T!D"5 T! UP50S 1395Q!25

!25PD
#05 !
! T!D"5 P50S1395Q!25

!25PD
3D#05 !
! T!D"5 Q5D! #!S 1395Q!25

!25PD
Jx1#2#5#P5"
1w"5 S
P!D
!#
31#
#2!8 5l!9#Q!!#
#2! !

1 !D ""5 D:1P1#U !

1 !Q!3#

!

1 !D:U#2!N1#Uqr5 D1339!J
k2!D!
143
5"#2!""5 D:P!
31#
!95Q8 :P!#5#2!!w#! 15 D!
143
5"#2!Q W!# #!
31#
139P
D134Q#! 1P
 921#!9#
P!P!Q!3#
3D5T! PP953
#
9#153

P1#U
0!PP
#2! 3
Q:! 5":!D 55Q
3D8 585 #1535":!D 55Q#U8!
Jk2!""5 D:P!
31#
!P
5D1
8!
!D #2 5
425
##2!D!T!P58Q!3#953
1 #!3#01#2#2! !

1 !Q!3#
5"#2!88P19:P!5 D1339!J
y!
#134k!3##1T!O
:D1T1
153M8 k2!

:l!9#
1#!953
1 #
5"#058 9!P
#5#P134(JES9 !
13 1R!!924!3! PPU !9#34
P 13
28!Jk2!8 585
!DT!
#134#!3##1T!

:D1T1
153Q8139P
D!
X-
134P!S"Q1PUP5#
:15 !#!3#153P5#/V 9!PL63D358!3
89!P5#/V 9!Ps6Dl9!3##5O3DN !!WJk2!D
!#
31#
05 PD2T!3T! 4!P5#
1R!5"K$

!"!!#3D#2! !Q13134H' !
1D!3#1PP5#

z
{|}~€{‚ƒ„z Attachment 6








 



 





 



 
!






 




 
"





#


$






%  







"

 





 !
&

 '(

)*

 





 






 
+


"

 ,
  &

-

%




-




 . /

-.
/



 

,
 





 

,




-




. /

-"




. /

-.
 /



012343562574585860459:3;<(-! #


 =
(   &

- 


 
,%




-"



"


  








"



 +

  


,

,


 "



%



- &



 


 %&

"


 
 

 


- 




%






'>/.?;(
%;&<*  
+





 



$



@



 
/ // % ?
(

 @

,





,


,
, 

,

% 

 









/%  ?
@


,




 ?

,



 

 



&
&%

 






 
- 



 
!

"

 ,,


 
 



%



,






 


 





/%



,

  



.

%


&

  
 

 







 / // % .
A
#


 / )

  
+

 /
  
,





.,
(

 = 
(

,


 

 
 





%

,
,


 !



  
 




%B

 
-








- 
,
 




&








 

 ,
 (

 

  
-





 


 

"


!
"

(-
 C
"




% 

 
 



"


 

 
. /

-





 


%


"







-



  



"

 D  

 





 



. /

- 





&






 





,

 
,



. /

- 







!



&









/%


   
 


!
, 


 
-


 



"

 (-
C,  "


,








,
   




'(
%EF&BEF&(
%/D#&;*  
=
(
(  !





 






 

 

 

  / 

#

@

>







  


 

, %

,
,

%






!



,

 ,





 






  
  .

&%


 
 %

%

 


,





 

 
 
 



,


 
 


%


&
-
%/
 D 

,
,









 
%

 



G
HIJKLMHNOPQR Attachment 6

 













 





















 
























 



















 








 
!"#$%&'()%$*+%,)%+"-."/&01+.2&%3-422"5#3-+5 
 



 6








 









 


6









7 


 





8




 

 






















 







6

9
7



 :;
<=>?@A;=<B
C@A
;B<BBB@A6








 










D

 















 EFGHIEFJFKLMFELNFOILPQRSFRITFKLIUVWFRIXKYHITFVIKFRZ[NI\NEFGHIEFULVFURL]KFTI^^FEFKL 





=>








: 
_
`abcde`fghij Attachment 6




 
 
 










 
!"#! $%!&$! '()*+,-. /-,012) 34567 3 !"448$%6&$69:,*+,-.3;5$7 ! 6"!6#$%6&$!9:,*+,-.3;5 7 <=)+> ";#3!%3&$39:,*+,-.345 <=)+?3" ;@6%!39:,*+,-.345 ABCDEFGHIJGKGGHJLMKJNOJLPQEJPQDJRST5  9U)-)V-)+U-))W1X+1(Y+1Z))2)ZV+1,(X+.2)X0,-)VYUU,[)\2V(]1(Y2=W1(^+U)W=)+X_":U1YU 1(Y2=W)`V-[U,=X)"a-V0+X[V("V(W/-V1-1)&  
9U)+U-)))2)ZV+1,(X+.2)X,00)-)WV-)VX0,22,:Xb c
d
ef 

 9U)`V-[U,=X))2)ZV+1,(XV-)V[1g,0h,V-WV(WhV++)(X1W1(^V(WX+=YY,)g+)-1,-01(1XU)X& 9U)-,,0\1+YU)XV(WW)X1^(,0+U1XX+.2)1(Y2=W)X+))\2.\1+YU)WVYY)(+-,,0X:1+UV\1+YU,0 #FijklCCOmCnoQmCRDRpJDQqr5RDsNEGEDHNnHJNJLPV-)V2X,1(Y2=W)WV2,(^+U)0-,(+)(+-. \,-YU)X&  c
d
ftu  9U)a-V0+X[V()2)ZV+1,(XV-)VY,[h1(V+1,(,0U,-1v,(+V2:,,WX1W1(^V(WX+=YY,)g+)-1,- 01(1XU)X&w,,WX1W1(^1X=X)W,(VYY)(+0,-[XV(W=\\)-2,YV+1,(X,()VYU)2)ZV+1,(:1+U:,,W X1W1(^V(WY,-h)2VYY)(+X=X)W+,)(UV(Y)+U)^Vh2)-,,0X&9U)-,,0\1+YU)XV(WW)X1^(,0+U1X X+.2)1(Y2=W)V\1+YU,06b 3:1+U^Vh2)X+.2)-,,0V(W)(UV(Y)W)VZ)W)\+UX&9U)\,-YU)XV-) VYY)(+)W:1+U+V\)-)WX+=YY,Y,2=[(X:1+UX+,()hVX)XV(W:,,W\,-YU-V12X&xVX+2."+U1X )2)ZV+1,(1(Y2=W)XX+,()Z)())-VYY)(+0)V+=-)X,(+U)0-,(+)2)ZV+1,(X&  c
d
tf


 9U)/-V1-1))2)ZV+1,(XV-)VX+=YY,)g+)-1,-:1+UU,-1v,(+V2:,,WX1W1(^VYY)(+XW)01(1(^+U) hVX),0+U)U,[)X&9U)-,,0\1+YU)XV(WW)X1^(,0+U1XX+.2)1(Y2=W)V6b 3\1+YU:1+UU1\\)W -,,00,-[XV(W2V-^)-,Z)-UV(^X&xV-^)-0,-[V+X+,()Z)())-1X=X)W+,W)01()+U))(+-.+,:)-X V2,(^:1+UU,-1v,(+V2:,,WX1W1(^Y,2=[(X+,W)01()+U)0-,(+=XVh2)\,-YU)X&  9U))g+)-1,-[V+)-1V2X"[VXX1(^"-,,0XUV\)V(W\1+YU)X"+-1[XUV\)X"Y,2,-XV(W[V+)-1V2X Y-)V+)VX+-,(^()1^Uh,-U,,W1W)(+1+.V(W\-,Z1W)0,-V-YU1+)Y+=-V2ZV-1V+1,(+U-,=^U,=++U) X=hW1Z1X1,(&9U)\-,\,X)WW)X1^(\-,Z1W)XV-YU1+)Y+=-V2)2)[)(+XV(Wh=12W1(^0,-[X+UV+-)02)Y+ V++)(+1,(+,W)+V12V(W^)()-V2Y,[\21V(Y):1+UDQEyJDs5RzERJPL{KJOENJLERk |
}~€‚}ƒ„
†‡ Attachment 6






 



 !
"#$
%&"'
()* +
,-.
"
"''

'(/
0 123456789:9;<=6>5?2>@=524A57B754CD@7EF G HIJ KLMNOIP
P NL

QJONPMNOPORSTU 
(
"'-"(,
('("

(-"
("

(

'""

'"FV
!
"#$
(W
(
'(-
 '"

(

-"
'('"*
'(''(/
'(-"

"X)-"( -"
*
("
"(


("-"("



(
"'"*
(, *






FY"
*
Z(
*
'(/
'(- "
(
-"("

"
("
[\',
,"
F'(/
'(- "-"(


'""-"




#!-$
F G ]KRMPJOINM

KL QPN^Q

NORJONM
U

V_"X
"
(
`
( 
*
'(-"`
( '(
"(
 
(
"
"



(

*("
 (

"''"(""
"

(


((
"/"
'('(
F

'(-""( )*)abW
"(`
(
(
"(
cdX`W
"(`

(
"
'

e
 
( "''"(""
"
-("
(


(



('(/
 "''(-
&
F'(/

`
( '(
'"*)dFfg 


"


(, h



)dg(W
(

F
G]JOINM

KL QPN^L Pi
N 
O
INM
O NU
'(/


'"%_"X.
"`""("
',("
'
 
(
Fj''(h
"
 )dFfg


"-`""("*
(, h



Xbg(W
(

F
89:98k@574@57@=3l54234B=@DE4AD25742m=54AnOILIO
R
L

QI
 O
R OI
  INLOJONJNON  
KLLO N
^N
NKLILLR OQ U
o

"('""(('"
`, `"
"

(
F"p"
",(
'
-"( -"

*(*(
*"
"
("Fj(


("
(

"
"
"


"-"

'(
" 




("
"h"
'

,"*"


-

(
"p""("(("(


`'(

"("(-"
F j(

"
(
"p""

(
(
"

(
"
('
(
,

"Fq(
-"

'("
"
("

'"e '

( F
r
("

(


"("((
(


'(''"s 

"
""(


("
(

`("''
("


"(("(


"("(-"
s
-"(
(
"(
s"
-
" 
'"(
((


(
F!(
"'
"-"( 
 *,

"( (" 


(


""(


("-"

F"

(*
 tutvtwxyzt{ut|x}xxtwx~wx€tx}~u}w€twtz}u|v‚u~}w|tƒ~x„x„t ~x†‡y#$
F
ˆ
‰Š‹ŒŽ‰‘’’ Attachment 6

 


 





 



 
  


















 



 


!"#$ %&'())*$+(,*"-"./*( $01'23'+014$ $01"45(**"6 "-1(**$.! 7$6 /-"'8/ 

 





9:
;


<
=

;

>


;





 

 
; 

; 

<?









@A


 B
CD


E ;

F
 :<G


9 
; 

;


  
;










;

<>
  +01'$' "1 H$ ! !"#088$''$01&'-"

  






B
   
;

 




<I




E 

 


 

 



 
 
 
  


0"1'/-"+08)*$(1+"H$ ! !"#$ %&'J( "-K77$+$"1 L(14'+()"M-4$1(1+"2 NOPQRSTRPUVQW >
:
; 
 





X

=

 


; 


YZZ




[
\9CZCY





 


 E 


<I



 

9



 
; 





 

<
PQ]^RSO__`UVOPURTaW
G



b



:?

ccDAC<c

FI

XF:?

 @c<ZAZ<ZAZde
I

f9










;




<G


 




 



g

>


 Fdg>F?\c@Zf9
 






 
h

i dhiCC
ZZcf 



;




@<I 











;









 


9






  







 <I






 
9
 


; 

;

=

:

 

 

 

;


 
 <
QTjU]RT^QTPO`NQPQ]^UTOPURTW
: 
e
 



k
;I
d:ekIfb 
?

@A@lYC 








 









;
 
;:



;=
9b
 m*(150-n01$1.70-H!$+!(1"1o$-018"1 (*$8)(+ -")0- pKqrs!(',""1+"- $7$"4t'!(**10 E  

 



 9



;










')"+$7$+'$.1$7$+(1 "77"+ 'H!$+!(-")"+/*$(- 0 !")-0u"+ 0-$ ''$ "2v31Kqr  
 ;

:
;:
 
CZ@D


X

b
=
d?:wxCZ@DZCCZAlf<I 
;
;B

:ekI






 @G



XF:?

@y<lCZ<Z@@d>





f9
 








;
  ;



; 
; 

 



=

:

 
  < CI

;?

@A@lY  

ze
 



I
; {>8(-|( }-($*'$4"&( )(."' Y
D
~
ze
 



I
; {>
~
>  &
€
‚ƒ„
†‡ˆ‰Š‹ Attachment 6

 


 

 
 




 

   










 



 

!

"#$ % 

 % 
 


 %




 
&'()%
* 







+ ,




$+-.,/(/
0()%
(1






 
 
  
%


 





(2




+ 
  % 

 
 



 
 

!

"#$( 3
%






  

4#

5
% 6% 

 6%





 






!

( 
789:;;8<=>?@:<A 
5 

 





,1

 
$ 
%
2(BCD'+)DED'+)D0  



,F
,3


5% 
 42(GH/). ,$

2( DD+))H3%
I3
 
( 
J




K .
$ 
%
2(D'+)DE+F
,3


5% 
 4 
%
2(D'+)D0+. ,$

 3%
I

. 
 
5%



I, 3%
I1"LJJ
 
M
NOPQRSNTUVWX Attachment 6

JUNE 20, 2023

PLANNING COMMISSION MINUTES
BRENTWOOD CITY HALL, 150 CITY PARK WAY

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

CALL TO ORDER & ROLL CALL
Attendee Name Title Status Arrived
Kristopher Brand Commissioner Present 7:00 PM
Rod Flohr Commissioner Present 7:00 PM
David Sparling Vice Chairperson Present 7:00 PM
Dirk Zeigler Commissioner Present 7:00 PM
Anita Roberts Chairperson Present 7:00 PM

PLEDGE OF ALLEGIANCE
Chairperson Roberts led the pledge of allegiance.

PUBLIC COMMENTS
Brentwood Resident, Clifton Fagerquist, spoke regarding the Deer Ridge Clubhouse.

The Commission received 2 public comments that were sent via email or otherwise for the Commission’s consideration. Copies of these comments would be made available on the City’s website on the ‘Planning Commission Agendas’ page, if there were any.

CONSENT CALENDAR
RESULT: APPROVED [UNANIMOUS]
MOVER: Kristopher Brand, Commissioner
SECONDER: David Sparling, Vice Chairperson
AYES: Brand, Flohr, Sparling, Zeigler, Roberts

1. Minutes of the Planning Commission meeting of June 6, 2023. (Drummond) Moved/Seconded Brand/Sparling. Motion carried unanimously 5-0.

Attachment 7

JUNE 20, 2023

REGULAR MEETING MINUTES
PAGE 2 OF 7

BUSINESS ITEMS

2. Public Hearing. An application for Costco, which includes two vacant parcels totaling approximately 19.04 acres located south of Lone Tree Plaza Drive and east of Heidorn Ranch Road (APNs 019-020-073 and 019-020-073). The project includes the following requested entitlements: (1) Tentative Parcel Map (MS 351-22) for the reconfiguration and subdivision of two vacant parcels into a total of four smaller parcels; (2) Conditional Use Permit (CUP 22-001) application to operate the proposed fuel facility; (3) Design Review (DR 22-002) application for the development of a 154,852-square-foot Costco Warehouse with a 5,368-square-foot entrance canopy, and a gas station fueling area with an 11,500 square foot canopy over 16 fueling dispensers, which allows for 32 fueling positions situated. Associated parking lot, landscaping, and access and circulation improvements will also be included on the two lots; and (4) Master Sign Program (MSP 22-001) consisting of building mounted signage for the Costco warehouse and Costco fueling station. Pursuant to CEQA Section 15183, the project is consistent with the development density established by a Community Plan, General Plan, or Zoning for which an environmental impact report (EIR) has been certified. Therefore, no further environmental analysis is required as the proposed Tentative Parcel Map and Design Review applications are consistent with the General Plan. (Hagen) Senior Planner, Jennifer Hagen, presented the staff report for this item.

The Commissioners asked questions of staff.

Chairperson Roberts opened the public hearing.

Real Estate Development Director for the Applicant, Perry Holiday, spoke regarding the project.

Architect for the Applicant, Joseph Welch of MG2, spoke regarding the project.

The Commission granted the Applicant more time to speak due to their time expiring.

Bruce Olson spoke regarding the project.

Brentwood Resident, JoAnn Klement, spoke regarding the project.

Brentwood Resident, Greg Robinson, spoke regarding the project.

Brentwood Resident, Bailey Grewal, spoke regarding the project.

Brentwood Resident, Danny Dohrmann, spoke regarding the project.

Andrew Becker spoke opposing the project.

Brentwood Resident, Sinziana Todor, spoke regarding the project.

Kinnon spoke regarding the project.

Attachment 7

JUNE 20, 2023

REGULAR MEETING MINUTES
PAGE 3 OF 7
The City received 27 public comments regarding this item that were sent via email or otherwise for the Commission’s consideration after the packet was published. 7 were included in the packet publication. Total of 34 public comments received.

The Commissioners asked questions of the applicant and staff.

Moved/seconded by Flohr/Brand to close the public hearing. Motion carried unanimously 5-0.

The Commissioners discussed the project.

RESULT: CLOSE PUBLIC HEARING [UNANIMOUS]
MOVER: Rod Flohr, Commissioner
SECONDER: Kristopher Brand, Commissioner
AYES: Brand, Flohr, Sparling, Zeigler, Roberts
Resolution No. 23-020 of the Planning Commission of the City of Brentwood approving a Tentative Parcel Map (MS 351-22) to subdivide two parcels (19.04 acres, and 4.02 acres) into a total of four smaller parcels ranging in size from 1.368 acres to 17.79 acres located south of Lone Tree Plaza Drive and east of Heidorn Ranch Road (APNs 019-020-073 and 019-020-073 and making CEQA Findings of Exemption pursuant to State CEQA Guidelines Section 15183.

Moved/Seconded by Zeigler/Flohr to approve Resolution No. 23-020. Motion carried unanimously 5-0.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Dirk Zeigler, Commissioner
SECONDER: Rod Flohr, Commissioner
AYES: Brand, Flohr, Sparling, Zeigler, Roberts
Resolution No. 23-021 of the Planning Commission of the City of Brentwood approving a Conditional Use Permit (CUP 22-001) to allow a Costco Fueling Facility with a 11,500 square foot canopy over 16 fueling dispensers, which allows for 32 fueling positions generally located south of Lone Tree Plaza Drive and east of Heidorn Ranch Road (APNs 016-170-032, 016-170-034, and 016- 170-035) and making CEQA Findings of Exemption pursuant to STATE CEQA Guidelines Section 15183.

Moved/Seconded by Flohr/Brand to approve Resolution No. 23-021. Motion carried unanimously 5-0.

Attachment 7

JUNE 20, 2023

REGULAR MEETING MINUTES
PAGE 4 OF 7
RESULT: ADOPTED [UNANIMOUS]
MOVER: Rod Flohr, Commissioner
SECONDER: Kristopher Brand, Commissioner
AYES: Brand, Flohr, Sparling, Zeigler, Roberts
Resolution No. 23-022 of the Planning Commission of the City of Brentwood approving a Design Review (DR 22-022) for the development of a 154,852-square foot Costco Warehouse, 5,368-squarefoot entrance canopy, gas station fueling area with 11,500 square foot canopy and associated parking lot, landscaping, and circulation improvements located south of Lone Tree Plaza Drive and east of Heidorn Ranch Road (APNs 019-020-073 and 019-020-073) and making CEQA Findings of Exemption pursuant to State CEQA
Moved/Seconded by Brand/ to approve Resolution No. 23-022 with the added condition that prior to issuance of Certificate of Occupancy, Permittee shall construct a fence along the eastern property line of Parcel A of MS 351-22. Said fence shall conform with all requirements of the PA-1 Specific Plan Private Realm Development Design Guidelines.

Motion carried unanimously 5-0.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Kristopher Brand, Commissioner
SECONDER: Dirk Zeigler, Commissioner
AYES: Brand, Flohr, Sparling, Zeigler, Roberts
Resolution No. 23-023 of the Planning Commission of the City of Brentwood approving a Master Sign Program (MSP 22-001) for the Costco project generally located south of Lone Tree Plaza Drive and east of Heidorn Ranch Road (APNs 016-170-132, 016-170-034, and 016-170-035) and making CEQA Findings of Exemption pursuant to State CEQA Guidelines Section 15183.

Moved/Seconded by Sparling/Flohr to approve Resolution No. 23-023. Motion carried unanimously 5-0.

Chairperson Roberts requested a 5-minute recess. Seconded by Vice Chairperson Sparling. Motion carried unanimously 5-0
Attachment 7

JUNE 20, 2023

REGULAR MEETING MINUTES
PAGE 5 OF 7
RESULT: ADOPTED [UNANIMOUS]
MOVER: David Sparling, Vice Chairperson
SECONDER: Rod Flohr, Commissioner
AYES: Brand, Flohr, Sparling, Zeigler, Roberts

3. Public Hearing. An application for Trumark Trailside, which includes a Vesting Tentative Subdivision Map (VTSM 9610) to create 63 single-family residential lots, one bioretention basin, one open space lot adjacent to Sand Creek, and other related improvements. The project also includes a design review (DR 22-006) for the homes to be constructed on the 63 lots (including 57 single-family detached homes and six affordable duets). The project is located at 1777 Apricot Way (APNs 019-092-013 and 019-092-034). Pursuant to the California Environmental Quality Act Section 15183, the project is consistent with the development density established by a Community Plan, General Plan, or Zoning for which an environmental impact report (EIR) has been certified. An EIR was prepared and certified by the City Council as part of the Brentwood General Plan (SCH# 2014022058) in 2014. Therefore, no further environmental analysis is required as the proposed Vesting Tentative Subdivision Map is consistent with the General Plan. (Hagen)
Senior Planner, Jennifer Hagen, presented the staff report for this item.

The Commissioners asked questions of staff.

Chairperson Roberts opened the public hearing.

Garret Hines, Vice President of Trumark Homes, spoke regarding the project.

Brentwood Resident, Joe Osterlund, spoke regarding the project.

Brentwood Resident, Mecea Padilla, spoke regarding the project.

Brentwood Resident, Danny Dorhmann, spoke regarding the project.

Brentwood Resident, Sinziana Todor, spoke regarding the project.

Architect for the Applicant, Jeff Potts of SDG Architects, spoke regarding the project.

The Commission granted the Applicant more time to speak due to their time expiring.

The City received 2 public comments regarding this item that were sent via email or otherwise for the Commission’s consideration after the packet was published.

The Commissioners asked questions of the applicant.

Moved/seconded by Zeigler/Sparling to close the public hearing. Motion carried unanimously 5-0.

The Commissioners discussed the project.

Attachment 7

JUNE 20, 2023

REGULAR MEETING MINUTES
PAGE 6 OF 7
RESULT: CLOSE PUBLIC HEARING [UNANIMOUS]
MOVER: Dirk Zeigler, Commissioner
SECONDER: David Sparling, Vice Chairperson
AYES: Brand, Flohr, Sparling, Zeigler, Roberts
Resolution No. 23-024 of the Planning Commission of the City of Brentwood approving a Vesting Tentative Subdivision Map (VTSM 9610) to allow the subdivision of the two parcels totaling 20.90 acres into 63 single-family residential lots, one bio-retention basin, one open space lot adjacent to Sand Creek, and other related improvements for Trumark Trailside, located at 1777 Apricot Way (APNs 019-092-013 and 019-092-034) and making CEQA Findings of Exemption pursuant to State CEQA Guidelines Section
Moved/Seconded by Zeigler/Sparling to approve Resolution No. 23-024. Motion carried 4-1
RESULT: ADOPTED [4 TO 1]
MOVER: Dirk Zeigler, Commissioner
SECONDER: David Sparling, Vice Chairperson
AYES: Brand, Flohr, Sparling, Zeigler
NAYS: Roberts
Resolution No. 23-025 of the Planning Commission of the City of Brentwood approving a Design Review (DR 22-006) for 63 homes (57 single-family detached units and six duet units) for Trumark Trailside, located at 1777 Apricot Way (APNs 019-092-013 and 019-092-034).

Moved/Seconded by Zeigler/Sparling to approve Resolution No. 23-025 with an additional condition of approval (#11) that specific changes be made and brought to the Design Review Subcommittee, including the following:
a) Enhance the Plan 3 left elevation.
b) Enhance the rear elevation of the duet units.
c) Provide clarification on the roof materials for each plan. d) Review side elevation transitions on the corners of all plans.

Motion carried unanimously 5-0.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Dirk Zeigler, Commissioner
SECONDER: David Sparling, Vice Chairperson
AYES: Brand, Flohr, Sparling, Zeigler, Roberts

INFORMATIONAL REPORTS FROM COMMITTEES AND UPCOMING MEETING

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

REQUEST FOR FUTURE AGENDA ITEMS
There was none.

Attachment 7

JUNE 20, 2023

REGULAR MEETING MINUTES
PAGE 7 OF 7

4. Public Hearing. Future agenda item request from Commissioner Flohr regarding conditions of approval (COA) for conditional use permits. (Nolthenius) Planning Manager, Erik Nolthenius, gave a brief introduction of the item.

Commissioner Flohr explained his request.

Chairperson Roberts opened the public comment.

The Commission received 1 public comment regarding this item that were sent via email or otherwise for the Commission’s consideration.

Chairperson Roberts closed public comment.

The Commissioners discussed the item.

Commissioner Flohr made a motion to have staff spend time and resources preparing a future agenda item to discuss conditions of approval for conditional use permits. This includes how conditions are enforced and accessed by the public, the process for the Planning Commission or the public to ensure conditions are properly implemented, and how the Planning Commission might suggest improvements to the process.

Moved/Seconded Flohr/Brand. Motion carried 3-2.

RESULT: APPROVED [3 TO 2]
MOVER: Rod Flohr, Commissioner
AYES: Brand, Flohr, Roberts
NAYS: Sparling, Zeigler

ADJOURNMENT
Moved/Seconded Sparling/Zeigler Motion carried unanimously at 11:37 PM Attachment 7

Attachment 8

2 top of each other. It's part of what brings value to our neighborhood. Our home values should not go down because lesser homes are being built with so many being forced on such a small piece of land.

Another wonderful reason our court is great is our current unobstructed view of the gorgeous Mt.

Diablo. Location brings value to a home. Having multiple two‐story homes built behind my home will lead to a decrease in the value of my home. I will lose my view of the gorgeous sunsets that were a large reason why I bought the home that I did. I will no longer have privacy when using my pool, because with this proposal there will now be two‐story homes peering into my backyard. My home will now have the afternoon sun blocked by two‐story homes, limiting the sunbathing that we currently enjoy during summer afternoons.

I urge the city council to deny this proposed new home development. With so many unknowns on the impacts to the local neighborhood this project should not be allowed to move forward. I feel like we were tricked into believing that the land was zoned for farmland, and not housing. There are already so many new home construction sites in Brentwood, we simply do not need to develop every open space of land. Highway 4 is already a nightmare racetrack; we do not need any more cars brought to the area with new home builds.

Again, I wish to appeal moving forward with the new proposed construction at 1777 Apricot Lane. I love my city of Brentwood, but I do not love the direction it is going.

Sarah Buckhout
Resident on Cherry Blossom Ct

Attachment 8

1 Hagen, Jennifer
From: Sinziana Todor
Sent: Tuesday, June 20, 2023 3:07 PM
To: Web Planning Division
Subject: Trumark Trailside project
CAUTION – EXTERNAL SENDER
Hello,
In reading the packet for tonight's meeting and asking questions of city staff, I realized that the Trumark Trailside project is NOT following the established process. This project should go to Design review committee before it comes to Planning Commission. I understand that the Director of Community Development and the City Manager are flip flopping when it comes to the right process and course of action for design review. Not sure what their intent is, but looking from outside in, regular residents can conclude that the city staff (their leaders in particular) wants to push thru projects without proper review. Please bring this up and get clarification, and ensure there is no confusion on the process going forward.

Since staff failed to review this project with the design committee, it is your responsibility to go line by line and make sure all criteria outlined
in https://www.brentwoodca.gov/home/showpublisheddocument/3578/637808560644070000?fbclid=IwAR3V7 7wBNhI1cfCWhhIXvRWrvzYhlEFr6AVdojzvWyioOC1KNzHJh7Doh8M is met.

The design for Trumark Trailside development does NOT meet the criteria outlined on page 22 of the Residential Design Guidelines, and this is just one aspect that comes to mind.

Attachment 8

2 Also, I would like to point out the lack of design features for the duets to be built as affordable units. Do we need to really make them look and stand out as low income? I thought we are subscribing to the concept of inclusionary affordable units, so please make sure the design for the affordable integrates with the rest of the subdivision.

Attachment 8

3 Thank you,
Sinziana Todor
Attachment 8











 





!

"

#$% &
'$
(
)"


*+,-.-/012 &

 '+3430
5 

6
7897: ; 
<:
=<:> 

<=?8@AB Attachment 9





 

 


  








 !"!

#$%&'()*(+#'+#, 
-./0123456788-09....................................................................................................: ;.6170436......................................................................................................................< 4.;-4=>017?@-?@A?501@745A1?.........................................................................B @./012345@3640A/5A1?..............................................................................................C 3.3?DA01?83?5-EF-45106/153?5A-EE9-FF3453@........................................:C F.@35308A?-5A1?.........................................................................................................:G >.3?DA01?83?5-E4H34=EA65..................................................................................:I JKLMNOPMOJQNKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKRS JKLTUJQVWOVUMLXYZ[UMNOUMN[VUQMNKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKK\\ JJJKLJU]VLWJO^KKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKK\_ J`KaJ[W[TJQLWUMN[VUQMNKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKbc `KQVWOVULWUMN[VUQMNKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKdd `JKMXMUT^KKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKde `JJK TM[W[T^LXYN[JWNKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKK_R `JJJK TUMMXP[VNMTLNMfJNNJ[XNKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKK_e JgKPLhLUYNLXYPLhLUY[VNfLOMUJLWNKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKc\ gKP^YU[W[T^LXYiLOMU]VLWJO^KKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKcS gJKWLXYVNMLXYjWLXXJXTKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKe_ gJJK fJXMULWUMN[VUQMNKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKee gJJJKX[JNMKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKeS gJ`Kj[jVWLOJ[XLXYP[VNJXTKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKSS g`KjVaWJQNMU`JQMNKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKkl `JKUMQUMLOJ[XKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKkb g`JJKOULXNj[UOLOJ[XKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKk_ g`JJJKOUJaLWQVWOVULWUMN[VUQMNKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKRlR gJgKVOJWJOJMNLXYNMU`JQMN^NOMfNKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKRld ggK iJWYZJUMKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKRlk gJK fLXYLO[U^ZJXYJXTN[ZNJTXJZJQLXQMKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKRRR  )mnop',
qrstuvwxvsryz{|}r~rzr€{‚ƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒ„ qrstuv †uy‡v~ˆrv‰ytzŠ{urv‹ƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒŒ qrstuvˆrv†|{zƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒŽ qrstuvr|rrv‹†|{zƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒw‘ qrstuv’ˆyu“”{vu•yzuy|†|{zƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒww qrstuv„–{zŠ‹~{‚rzs†|{zƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒw qrstuvŒ}v‹rzs—vz{r˜vˆt™Šr˜r‹ryz{‚ƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒw qrstuvŽš›xœxv‹t|‹žr‹‚vu‹ryzyŸ•yz‹ut~ryz†ƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒ qrstuv ¡yr‹vv{‹tuv“vz–y~{ryz‹ƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒŽ‘  #$%&',
—{™|vwzršu~¢rv~tu{|ˆt““{u€ƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒ’ —{™|v
‰šš£—¢uv‹¢y|Š‹yŸˆrszrŸr~{z~vƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒ „
—{™|v{¤r“t“z“rrs{vŠ•yz‹ut~ryz›“r‹‹ryz‹¥|™‹¦Š{€§ƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒ Ž
—{™|vz“rrs{vŠ{¤r“t“œ‚vu{ryz{|›“r‹‹ryz‹ƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒƒ 
—{™|v’{¤r“t“•{z~vuxr‹¨{zŠ©{ª{uŠ«zŠv¤š‹‹y~r{vŠ”r¢•yz‹ut~ryz†ƒƒƒƒƒƒƒƒƒƒƒƒƒ Attachment 9





 

 


  









! !"!

#$%&'()*+,-,.$-'/01'2$-,3*$&4546+,77,3*78888888888888888888888888888888888888888888888888888888888888888888889: #$%&';<=++$2>3?@3,7'A*$&>7,7B'$7=2'/53=2&>@3,7'C'D'&788888888888888888888888888888888888888888;: #$%&'EC$*/)7'F3+1$-,%,&,->?326G-'2,32@3,7'6*D,23*+'*-HC/*I88888888888888888888888888888888888888;: #$%&':<-$-,3*$2>H@3*J#2$*7132-$-,3*I@3,7'<3=2K'7<-$*/$2/7888888888888888888888888888888888888888888EL #$%&'LMF3*7-2=K-,3*6N=,1+'*-@3,7'88888888888888888888888888888888888888888888888888888888888888888888888888888888888EO #$%&'LL6??'K-73?P,%2$-,3*3*Q'31&'$*/R=,&/,*.788888888888888888888888888888888888888888888888888888888888888E( #$%&'LSP,%2$-,3*C'D'&7?32P$2,3=7F3*7-2=K-,3*6N=,1+'*-8888888888888888888888888888888888888888888888888E; #$%&'LOB=&-,1&'T2>U'$27<=11&>$*/T'+$*/F3+1$2,73*88888888888888888888888888888888888888888888888LM( 
VWWXYZ[\X]^ A11'*/,GA_A,2`=$&,->$*/42''*a3=7'4$7B3/'&,*.b'7=&-7 A11'*/,GR_Q&$**,*.<=2D'>b'132- GF_4'3-'Ka*,K$&6G1&32$-,3* GT_Qa$7'c6*D,23*+'*-$&<,-'A77'77+'*- A11'*/,G6_6G-'2,32@3,7'A*$&>7,7 Gd_#2$??,Kc+1$K-<-=/> Attachment 9