Brentwood City Council
October 24, 2023

Attachment 3

20 to the issuance of the 47th certificate of occupancy and prior to the issuance of any building permit contiguous to Parcel “B”.

28. Parcel “B” and all landscape trails, medians and streetscapes shall be maintained by the developer, at their expense, until subdivision acceptance.

After subdivision acceptance, these areas will be maintained by the City and will be paid by the subdivision’s Lighting and Landscape District or other acceptable financing mechanism accepted by the City.

29. The developer shall present to the Director of Parks and Recreation or designee and the City’s Park and Recreation Commission conceptual designs for all parks, trails and landscape areas for review and approval prior to final map approval.

30. The development of Parcel “B” shall incorporate design criteria from the City of Brentwood Parks, Trails and Recreation Master Plan to the satisfaction of the City Engineer, the Director of Parks and Recreation and the Community Development Director, or their designees. The design for this park shall also include a tot lot to the satisfaction of the Director of Parks and Recreation.

RESOLUTION NO. 23-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING DESIGN REVIEW (DR21-006) FOR 94
SINGLE-FAMILY HOMES LOCATED AT 251 HANSON LANE (APN
018-231-034-3).

WHEREAS, MLC Holdings (the “Applicant”), submitted an application to the City of Brentwood for certain permits and approvals, including a Vesting Tentative Subdivision Map (VTSM 9547) and Design Review (DR 21-006), to develop its proposed Hanson Lane Project, a residential subdivision project proposed to be developed on a 19.73-acre site located south of Lone Tree Way and north of Hanson Lane (the “Project Site,” identified as APN 018-231-034-3); and WHEREAS, collectively, Vesting Tentative Subdivision Map (VTSM 9547), which includes a request for a density bonus under the State Density Bonus Law, and Design Review (DR 21-006) constitute the “Project;” and WHEREAS, the Project application has been referred to various public utility companies, public districts, and pertinent departments for review and recommendations; and
WHEREAS, the City distributed a Notice of Public Hearing to all property owners of record within 300 feet of the Project Site and published it in the Brentwood Press on September 8, 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 September 19, 2023 Planning Commission hearing; and WHEREAS, on September 19, 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 September 19, 2023, the Planning Commission approved Design Review (DR 21-006), by Planning Commission Resolution No. 23-031; and WHEREAS, on September 19, 2023, City Council member Jovita Mendoza timely filed a Call for Review of the Planning Commission’s action approving the Project, including adoption of Planning Commission Resolution No. 23-031; 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 October 13, 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

Attachment 4

2 WHEREAS, the City Council considered the call for review of the Project at its regular meeting of October 24, 2023, and considered the staff report, all accompanying information, and testimony received from the Permittee and other interested parties; and
WHEREAS, the City prepared an Initial Study and Mitigated Negative Declaration (IS/MND) for this project in accordance with the CEQA and CEQA Guidelines, and at its October 24, 2023 meeting, the City Council adopted said IS/MND, including its accompanying Mitigation Monitoring and Reporting Plan and Errata Sheet, through adoption of Resolution No. .

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

A. 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 four plans with four distinct elevations per plan. The Residential Design Guidelines requires the provision of three plans with four distinct elevations per plan, the proposed project is providing a total of four varied floor plans with four varied elevations, ensuring significant architectural variation within the streetscape and, thereby, meeting the intent of the Guidelines. In addition, each architectural style will have three color scheme options to provide significant color scheme variation that creates a variety of combinations. The project provides a variety in unit plans and elevations consistent with the Design Review Guidelines. In addition, the project is consistent with Action LU 2a of the General Plan requiring a density transition for proposed lots facing or abutting existing residential lots zoned Ranchette Estate or of one acre or more. The new proposed estate lots provide a visual buffer to minimize the impact of the development on the existing residents and protect the integrity and harmoniously integrating with the existing land use patterns to the west.
ii. Elements of design which have significant relationship to the exterior appearance of structures and facilities shall be given 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.

Attachment 4

3 The proposed architecture is uniquely designed, allowing for increased variation of building design throughout the subdivision.

There are four home plans with each of the floor plans offering a unique configuration, intended to create differentiation and variety on the streetscape, and provide buyers with distinct choices in lifestyle and use of space. There are four distinctive elevation styles, which include Santa Barbara, Coastal, Contemporary, and Farmhouse. 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 architectural style will have three color scheme options that represent the particular style, for a number of color combination schemes. The proposed design provides architectural elements and building forms including the size, bulk and scale of the homes, 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.

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 less-prominent 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; and the visual emphasis of front doors from the street. Roof forms and pitch angles vary slightly, but are generally consistent throughout each architectural elevation style. Taken together, these elements reflect attention to detail and general compliance with the City’s design guidelines by creating a thoughtful and well design project that serves to protect the value of, private and public investments in the immediate area. 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

Attachment 4

4 development shall conform in all significant respects with such plans.

The subject site is not located within an area for which a specific plan has been approved. However, it is subject to the provisions of Planned Development 71, which allows for single-family detached residential uses on lots as well as provide development standards including height, setbacks and parking standards. In addition, the project site is likewise within the General Plan Residential Low Density (R-LD) land use designation, which provides for 1.1-5.0 dwelling units per acre. According to the General Plan, density calculations are to be made based on a project’s gross acreage. This project would result in a density of

4.67 dwelling units per acre, within the General Plan allowable range.
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 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 the General Plan allowable density. 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.

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5 Site access would be provided by way of Hanson Lane and Lone Tree Way. Hanson Lane and Lone Tree Way will be extended as part of the proposed project, in addition three roadway connections would be constructed along Lone Tree Way, and one connection roadway would be constructed along Hanson Lane, to provide access to the proposed roadway network which would be
constructed as part of the project. A EVA parcel would be located along the western boundary of the site to provide access to the site from Bonita Way. Sidewalks would be included on both sides of the streets to allow for pedestrian circulation throughout the project site. A new sidewalk would also be constructed along the southern side of Hanson Lane and extend outside of the project boundary in order to connect to the existing sidewalk. 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). The proposed improvements along Hanson Lane and Lone Tree Way will ensure that the City’s circulation network is a wellconnected system of streets, roads, highways, sidewalks, and paths that effectively accommodates vehicular and non-vehicular traffic in a manner that supports residential development. viii. All applicable regulations of the zoning ordinance and other city ordinances, policies or resolutions.

The State of California has passed numerous housing laws to address the housing shortage and limit local government’s ability to deny housing projects that comply with the General Plan and/or zoning designation. There are several laws that apply to the project and effect the processing of the Project. The housing laws that effect and are requested to be used by the applicant and project directly limit the City’s ability to respond to issues about density, development standards, and design standards. Although there are a variety of housing laws that apply to this project, the most relevant is the State Density Bonus law (Government Code § 65915-65918), with which this Project, as conditioned, is consistent. The Project’s compliance with all applicable regulations of the zoning ordinance and other city ordinances, policies, or resolutions is further discussed in the findings set forth in Resolution No 23-029 approving Vesting Tentative Subdivision Map (VTSM 9547), which findings are incorporated herein as if restated in full.

B. Hereby approves Design Review (DR21-006) 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.

Attachment 4

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

This permit shall terminate on October 24, 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.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at its regular meeting of October 24, 2023, by the following vote:

AYES:

NOES:

ABESENT:

RECUSE:

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

Attachment 4

7 EXHIBIT ‘A’ TO
CITY COUNCIL RESOLUTION NO. 23-XXX

CONDITIONS OF APPROVAL FOR
DESIGN REVIEW (DR 21-006)

1. The Applicant and Permittees, including all successors in interest (collectively, “Permittee”) shall comply with each and every condition set forth in the Permit. Design Review (DR 21-006) (the “Permit”) shall have no force or effect and no building permit shall be issued unless and until all things required by the below-enumerated 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 and Design Review Applications, dated May 2005, are hereby incorporated by reference and shall be complied with by the Permittee, unless modified by any of the conditions below.

3. The residential units shall be constructed in substantial conformance with the Plans prepared by Kevin L. Cook Architect, Vandertollen Associates, and CBG Civil Engineers dated “June 29 2023” unless otherwise amended by the conditions of approval contained herein.

4. The approval of Design Review (DR21-006) is effective only after adoption of the MND prepared to analyze the Project.

5. 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.

6. 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.

7. Prior to building permit approval, the applicant shall enter into an Affordable Housing Agreement with the City of Brentwood, per the City’s Affordable Housing Ordinance (Brentwood Municipal Code Chapter 17.725).

8. Building designs shall consist of one of the four approved architectural styles (Santa Barbara, Farmhouse, Coastal, and Contemporary).

9. All proposed masonry block walls and retaining walls shall be decorative split face block.

10. Pursuant to the Brentwood Residential Design Guidelines, enhanced design elements shall be provided on the side and rear elevations of corner lots.

Attachment 4

8 11. The same floor plan or exterior colors for dwelling units shall not be placed side by side. Flipping the orientation of the floor plan does not constitute a change in floor plan and homes directly across the street from one another should not have the same floor plan, unless they have different elevation styles.

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 cut-off classification and cut-sheets allowing verification of the design must be submitted to the Planning Department.

17. All HVAC shall be ground mounted and shall not be visible from any street or pedestrian views. No roof mounted HVAC unit allowed.

18. 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 9547, and DR 21-006, 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

Attachment 4

9 limitations shall only apply to VTSM 9547, and the remainder of this obligation shall be unaffected by said Government Code section.

19. Permittee shall comply with all requirements of Brentwood Municipal Code Chapter 17.720 (“Density Bonus Program”) and Government Code 65915- 65918 (the State Density Bonus law).

20. Permittee shall comply with all requirements of Brentwood Municipal Code Chapter 17.725 (“Affordable Housing”).

21. Permittee shall cause each and every mitigation measure set forth in the Mitigation Monitoring and Reporting Program for the Project to be fulfilled within the timelines set forth therein.

22. 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 County Fire Protection District (CCCFPD). The City’s Building Division shall review the building plans to ensure compliance.

23. 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 CCCFPD and the City of Brentwood.

24. 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.

25. The Permittee shall comply with all conditions of approval for Subdivision Map No. 9547, and Design Review No. 21-006.

26. Permittee shall work with City staff to develop and provide a visual and safety barrier on the northern property line of the project, to the satisfaction of the City Engineer and the Director of Community Development.

27. Permittee shall work with City staff on project entry details to include clear delineation of private and public access points along Lone Tree Way, to the satisfaction of the City Engineer.

4 5
6 7 8 9 10 11 12 13
21 20 19 18 17 16 15 14
22 23 24 25 26 27 28
34 33 32 31 30 29
35 36
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39 40
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45 46 48 47
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49 69
68 67
66 65
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62 60
89 87
86 90
85 91
92 84 93
94 71 70
83 73 72
82 78 77 76 75 74
79 80
81 2

PARCEL D (EVA)

PARCEL B
1 3 LONE TREE WAY HANSON LANE BONITA WAY

MARSH CREEK SWALLOWTAIL COURT

ADMIRAL COURT

MEGANOS ROAD

RIVAS DRIVE

VICEROY WAY

CATERPILLAR LANE

HANSON LANE BLOOMFIELD WAY BEVERLY PLACE LONE TREE WAY
61 58
59 88

PARCEL A

PARCEL C
TYPICAL 56 ROW
JOB NO.: 2462-030

VESTING TENTATIVE MAP

HANSON LANE

CITY OF BRENTWOOD CONTRA COSTA COUNTY CALIFORNIA
DATE: OCTOBER 2023

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
G:\2462-030\ACAD\TM\TM01.DWG
SHEET NO.

OF 37 SHEETS
SCALE: 1" = 60'

LOTTING PLAN
0 60 120 180 C1.0

CONTACTS

GENERAL NOTES

VICINITY MAP
SITE
October 16, 2023
Attachment 5

EVA LONE TREE WAY HANSON LANE
4 5
6 7 8
9 10 11
12 13
16 15 14 17 21 20 19 18
22 23 24 25
26 27 28
33 32 31 30 29
35 34
36 37
38 39 40
41 42
43 44
45 46 47
48 49
50 51
52 53
54 55
56 57
58 61
62 63
64 65
66 67
68 69
70 71 72 75 74 73 76 78 77
79 80
81 82 83
84 85
86 87
89 90
91 92
1 2 3 SWALLOWTAIL COURT

ADMIRAL COURT

MEGANOS ROAD

RIVAS DRIVE

VICEROY WAY

CATERPILLAR LANE

HANSON LANE BLOOMFIELD WAY

MARSH CREEK BONITA WAY LONE TREE WAY BEVERLY PLACE
93 94
59 60
88 PARCEL D (EVA)

PARCEL B

PARCEL C

PARCEL A
G:\2462-030\ACAD\TM\P1.0.DWG

HANSON LANE

PRELIMINARY

DEVELOPMENT PLAN

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

SAN RAMON
WWW.CBANDG.COM

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

UNIT MIX SUMMARY
PLAN NUMBER # OF LOTS % OF TOTAL

TYPICAL LOT SETBACKS
SHEET NO.

OF 37 SHEETS
P1.0

MINIMUM SETBACKS

BMR UNIT

SUMMARY

LOT NUMBER PLAN TYPE
Attachment 5

L-1.1 SCALE: 1" = 40'-0" NORTH 0' 40' 80' 160' vanderToolen Associates 700 Ygnacio Valley Rd. Suite 100 Walnut Creek, CA 94596 tel+ 707.224.2299 hhhvandertoolenco^ OVERALL PLAN CONCEPTUAL LANDSCAPE PLAN Project No. 06520 Brentwood, California HANSON LANE 12657 AlCOSTA BLVD., STE. 175 SAN RAMON, CA 94583 (925) 543-4004 Copyright 2023 vanderToolen Associates. The drawings or written materials contained herein constitute the original and unpublished work of the landscape architect. Reproduction, use or alteration in any form is strictly prohibited without the written consent of vanderToolen Associates. OCTOBER 17, 2023 PROPOSED TREE PALLETE * WATER NEEDS BASED ON THE WATER USE CLASSIFICATION OF LANDSCAPE SPECIES (WUCOLS) BY THE UNIVERSITY OF CALIFORNIA COOPERATIVE EXTENSION. WUCOLS* STREET TREES BOTANICAL NAME COMMON NAME ACER RUBRUM GINKGO BILOBA LAGERSTROEMIA INDICA PISTACIA C. 'KEITH DAVEY' PRUNUS C. 'KRAUTER VESUVIUS' ZELKOVA S.'GREEN VASE' RED MAPLE MAIDENHAIR TREE CRAPE MYRTLE KEITH DAVEY CHINESE PISTACHE PURPLE LEAF PLUM GREEN VASE ZELKOVA 24" BOX 24" BOX 24" BOX 24" BOX 24" BOX 24" BOX MMLLMM CREEK / OPEN SPACE TREES ARBUTUS 'MARINA' CERCIS OCCIDENTALIS PLATANUS A. 'COLUMBIA' QUERCUS LOBATA HYDBRID STRAWBERRY TREE WESTERN REDBUD LONDON PLANE TREE VALLEY OAK 24" BOX 24" BOX 24" BOX 24" BOX LVLML SYMBOL MIN. SIZE ACCENT TREES DODONAEA V. 'PURPUREA' STD. LAGERSTROEMIA I. 'ZUNI' STD. RHAPHIOLEPIS I. 'MAGNIFICENT' PURPLE HOPSEED BUSH CRAPE MYRTLE INDIAN HAWTHORN 15 GAL 15 GAL 15 GAL LLM GENERAL NOTES: · TREE LAYOUT IS SCHEMATIC. FINAL TREE LOCATIONS AND SPECIES SUBJECT TO CITY REVIEW. STREET TREES LOCATED APPROXIMATELY 30' O.C. · ALL LANDSCAPE AREAS THAT ARE INSTALLED BY DEVELOPER SHALL RECEIVE IRRIGATION BY MEANS OF AN AUTOMATIC UNDERGROUND IRRIGATION SYSTEM(S). THE SYSTEM(S) WILL BE DESIGNED UTILIZING BACKFLOW PREVENTION DEVICES TO MEET LOCAL AND UBC CODES. 6' HIGH GOOD NEIGHBOR FENCE VIEW FENCE MASONRY WALL AT OPEN SPACE 6' HIGH GOOD NEIGHBOR FENCE ON RETAINING WALL SOUND WALL FENCE & WALL LEGEND REFER TO SHEET L-2 FOR TYPICAL FRONT YARD PLANTING. CREEK TRAIL CONNECTION REFER TO SHEET L-3 FOR OPEN SPACE AMENITIES SHEET 10' PAVED TRAIL HOMECOMING PARK / CONNECTION TO MARSH CREEK TRAIL BRIDGE SOUND WALL CREEK TRAIL RETAINING WALL WITH WOOD FENCE Attachment
5

L-1.2 vanderToolen Associates 700 Ygnacio Valley Rd. Suite 100 Walnut Creek, CA 94596 tel+ 707.224.2299 hhhvandertoolenco^ TYPICAL LOTS AND PLANT IMAGERY CONCEPTUAL LANDSCAPE PLAN Project No. 06520 Brentwood, California HANSON LANE 12657 AlCOSTA BLVD., STE. 175 SAN RAMON, CA 94583 (925) 543-4004 Copyright 2023 vanderToolen Associates. The drawings or written materials contained herein constitute the original and unpublished work of the landscape architect. Reproduction, use or alteration in any form is strictly prohibited without the written consent of vanderToolen Associates. OCTOBER 17, 2023 SCALE: 1" = 10'-0" 0' 5' 10' 20' TYPICAL LOT AND CORNER FRONTYARDS PENSTEMON H. `MARGARITA BOP` MYOPORUM PARVIFOLIUM VERBENA L. 'DE LAMINA' NEPETA X FAASSENII RHIZOMATOUS TALL FESCUE (RTF) SCAVEOLA A. 'MAUVE CLUSTERS' ARCTOSTAPHYLOS 'EMERALD CARPET' LAGERSTROEMIA INDICA ZELKOVA S. 'GREEN VASE' CALAMAGROSTIS `KARL FOERSTER` JUNCUS PATENS ANIGOZANTHOS SPP. BOUTELOUA G. 'BLONDE AMBITION' HELICTOTRICHON SEMPERVIRENS DIETES SPP. ARCTOSTAPHYLOS `HOWARD MCMINN` CALLISTEMON C. `LITTLE JOHN` CEANOTHUS SPP. DODONAEA V. `PURPUREA` GREVILLEA X `NOELLII` LOROPETALUM SPP. RHAMNUS C. `EVE CASE` SALVIA SPP. STREETS TREES SHRUBS AND GRASSES GROUNDCOVERS TURF GROUNDCOVERS SHRUBS ABELIA SPP. ACHILLEA SPP. AGAPANTHUS SPP. ARCTOSTAPHYLOS SPP. CALLISTEMON V. 'LITTLE JOHN' CEANOTHUS SPP. CISTUS SPP. CORDYLINE SPP. DODONAEA V. 'PURPUREA' ESCALLONIA SPP. GAURA LINDHEIMERI GREVILLEA SPP. LIGUSTRUM SPP. LOROPETALUM SPP. MYRTUS C. 'COMPACTA' NANDINA DOMESTICA NEPETA X FAASSENII PENSTEMON SPP. PITTOSPORUM SPP. PODOCARPUS M. 'MAKI' PRUNUS C. 'COMPACTA' RHAMNUS CALIFORNICA RHAPHIOLEPIS SPP. ROSA SPP. SALVIA SPP. VERBENA SPP. VIBURNUM SPP. WESTRINGIA SPP ABELIA YARROW LILY OF THE NILE MANZANITA DWARF BOTTLE BRUSH CALIFORNIA LILAC ROCKROSE CORDYLINE PURPLE LEAFED HOPSEED BUSH ESCALLONIA GAURA GREVILLEA WAX LEAF PRIVET FRINGE FLOWER DWARF MYRTLE HEAVENLY BAMBOO CATMINT BEARDTONGUE MOCK ORANGE PODOCARPUS CAROLINA CHERRY COFFEE BERRY INDIAN HAWTHORN ROSE SAGE VERBENA VIBURNUM COAST ROSEMARY 5 GAL 1 GAL 1 GAL 5 GAL 1 GAL 1 GAL 1 GAL 1 GAL 5 GAL 1 GAL 1 GAL 1 GAL 5 GAL 1 GAL 1 GAL 1 GAL 1 GAL 1 GAL 5 GAL 5 GAL 5 GAL 1 GAL 1 GAL 1 GAL 1 GAL 1 GAL 5 GAL 1 GAL MLMLLLLMLMMLLMLLLMMMLLMMLLML ARCTOSTAPHYLOS 'EMERALD CARPET' MYOPORUM PARVIFOLIUM SCAVEOLA A. 'MAUVE CLUSTERS' RHAPHIOLEPIS I. 'PINK DANCER' MANZANITA MYOPORUM FAIRY FAN FLOWER INDIAN HAWTHORN 1 GAL 1 GAL 1 GAL 1 GAL MLLM RHIZOMATOUS TALL FESCUE (RTF) SELF-HEALING TURF SOD/HYDROSEED BOTANICAL NAME COMMON NAME WUCOLS* PROPOSED PLANT PALETTE * WATER NEEDS BASED ON THE WATER USE CLASSIFICATION OF LANDSCAPE SPECIES (WUCOLS) BY THE UNIVERSITY OF CALIFORNIA COOPERATIVE EXTENSION. GRASSES BOUTELOUA G. 'BLONDE AMBITION' CALAMAGROSTIS SPP. CAREX DIVULSA CHONDROPELATUM TECTORUM DIETES SPP. HELICTOTRICHON SEMPVIRONS HESPERALOW PARVIFOLIA JUNCUS PATENS LOMANDRA LONGIFOLIA MUHLENBERGIA SPP, YUCCA FILAMENTOSA BLUE GRAMA REED GRASS BERKELEY SEDGE CAPE RUSH AFRICAN IRIS BLUE OAT GRASS RED YUCCA SPREADING RUSH DWARF MAT RUSH MUHLY GRASS ADAM'S NEEDLE 1 GAL 1 GAL 1 GAL 1 GAL 1 GAL 1 GAL 1 GAL 1 GAL 1 GAL 1 GAL 1 GAL LMLLLLLMLLM MIN. SIZE PROPOSED TREE PALLETE * WATER NEEDS BASED ON THE WATER USE CLASSIFICATION OF LANDSCAPE SPECIES (WUCOLS) BY THE UNIVERSITY OF CALIFORNIA COOPERATIVE EXTENSION. WUCOLS* STREET TREES BOTANICAL NAME COMMON NAME ACER RUBRUM GINKGO BILOBA LAGERSTROEMIA INDICA PISTACIA C. 'KEITH DAVEY' PRUNUS C. 'KRAUTER VESUVIUS' ZELKOVA S.'GREEN VASE' RED MAPLE MAIDENHAIR TREE CRAPE MYRTLE KEITH DAVEY CHINESE PISTACHE PURPLE LEAF PLUM GREEN VASE ZELKOVA 24" BOX 24" BOX 24" BOX 24" BOX 24" BOX 24" BOX MMLLMM CREEK / OPEN SPACE TREES ARBUTUS 'MARINA' CERCIS OCCIDENTALIS PLATANUS A. 'COLUMBIA' QUERCUS LOBATA HYDBRID STRAWBERRY TREE WESTERN REDBUD LONDON PLANE TREE VALLEY OAK 24" BOX 24" BOX 24" BOX 24" BOX LVLML SYMBOL MIN. SIZE ACCENT TREES DODONAEA V. 'PURPUREA' STD. LAGERSTROEMIA I. 'ZUNI' STD. RHAPHIOLEPIS I. 'MAGNIFICENT' PURPLE HOPSEED BUSH CRAPE MYRTLE INDIAN HAWTHORN 15 GAL 15 GAL 15 GAL LLM STREET TREE, TYPICAL 6' GOOD NEIGHBOR FENCE & GATE FRONT YARD PLANTING, TYPICAL PARKWAY PLANTING, TYPICAL QUERCUS LOBATA CONCEPTUAL IRRIGATION STATEMENT THE IRRIGATION DESIGN FOR THE PROJECT SITE SHALL COMPLY WITH THE STATE MANDATED MODEL WATER EFFICIENT LANDSCAPE ORDINANCE (MWELO) ADOPTED DECEMBER 1, 2016, AND THE CITY OF BRENTWOOD WATER EFFICIENT LANDSCAPE REQUIREMENTS. IRRIGATION SYSTEMS WILL BE AUTOMATICALLY CONTROLLED BY AN ET (EVAPO-TRANSPIRATION) SMART IRRIGATION CONTROLLER CAPABLE OF MULTIPLE PROGRAMMING AND INDEPENDENT TIMING OF INDIVIDUAL IRRIGATION SYSTEMS. THE CONTROLLER WILL HAVE A 24-HOUR CLOCK TO ALLOW MULTIPLE START TIMES AND REPEAT CYCLES TO ADJUST FOR SOIL PERCOLATION RATES. THE IRRIGATION SYSTEMS WILL CONSIST PRIMARILY OF LOW VOLUME, LOW FLOW BUBBLERS FOR TREES, POINT SOURCE DRIP IRRIGATION FOR SHRUBS & GROUNDCOVERS, AND MP ROTATOR IRRIGATION FOR TURF AREAS. PLANTS WILL BE GROUPED INTO SEPARATE VALVES ACCORDING TO SUN EXPOSURE AND WATER USE TO ALLOW FOR IRRIGATION APPLICATION BY HYDROZONE. THE IRRIGATION SCHEDULING WILL REFLECT THE REGIONAL EVAPO-TRANSPIRATION RATES. THE ENTIRE SITE WILL BE DESIGNED TO RUN DURING NIGHTTIME HOURS WHEN IRRIGATION IS MOST EFFICIENT. ALL MWELO DOCUMENTATION INCLUDING IRRIGATION PLANS, WATER USE CALCULATIONS AND CERTIFICATES SHALL BE SUBMITTED WITH THE LANDSCAPE IMPROVEMENT PLANS FOR REVIEW AND APPROVAL. GINKGO BILOBA PRUNUS C. 'KRAUTER VESUVIUS' CERCIS OCCIDENTALIS ACER RUBRUM PISTACIA C. 'KEITH DAVEY' ARBUTUS 'MARINA' CREEK TREES ACCENT TREE, TYPICAL PLAN 3 PLAN 2 PLAN 4 GOOD NEIGHBOR FENCE A GROUNDCOVER, TYPICAL PLAN 1 Attachment
5


 
August 30, 2023
Attachment 6

4 5
6 7 8 9 10 11 12 13
21 20 19 18 17 16 15 14
22 23 24 25 26 27 28
34 33 32 31 30 29
35 36
37 38
39 40
41 42
43 44
45 46
48 47
57 56
55 54
53 52
51 50
49 69
68 67
66 65
64 63
62 60
89 87
86 90
85 91
92 84 93
94 71 70
83 73 72
82 78 77 76 75 74
79 80
81 2

PARCEL D (EVA)

PARCEL B
1 3 LONE TREE WAY

HANSON LANE BONITA WAY

MARSH CREEK

SWALLOWTAIL COURT

ADMIRAL COURT

MEGANOS ROAD

RIVAS DRIVE

VICEROY WAY

CATERPILLAR LANE

HANSON LANE

BLOOMFIELD WAY

BEVERLY PLACE

LONE TREE WAY
61 58
59 88
TYPICAL 56 ROW
JOB NO.: 2462-030

VESTING TENTATIVE MAP

HANSON LANE

CITY OF BRENTWOOD CONTRA COSTA COUNTY CALIFORNIA
DATE: JUNE 2023

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
G:\2462-030\ACAD\TM\TM01.DWG
SHEET NO.

OF 37 SHEETS
SCALE: 1" = 60'

LOTTING PLAN
0 60 120 180 C1.0

CONTACTS

GENERAL NOTES

VICINITY MAP
SITE
Attachment 6

HANSON LANE BONITA WAY

MARSH CREEK LONE TREE WAY BEVERLY PLACE
JOB NO.: 2462-030

VESTING TENTATIVE MAP

HANSON LANE

CITY OF BRENTWOOD CONTRA COSTA COUNTY CALIFORNIA
DATE: JUNE 2023

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
G:\2462-030\ACAD\TM\TM02.DWG
SHEET NO.

OF 37 SHEETS
SCALE: 1" = 60'

EXISTING CONDITIONS
0 60 120 180 C2.0
FLOOD ZONE: LEGEND
Attachment 6

LONE TREE WAY HANSON LANE BONITA WAY

MARSH CREEK EVA
4 5 6 7 8 9 10 11 12 13
21 20 19 18 17 16 15 14
22 23 24 25 26 27 28
35 34 33 32 31 30 29
36 37
38 39
40 41
42 43
44 45
48 47 46
49 50
51 52
53 54
55 56
57 60
61 62
63 64
65 66
67 68
69 77 76 75 74 73 72 71 70
78 79
80 81
82 83
85 86
87 88
89 1 2 3 SWALLOWTAIL COURT

ADMIRAL COURT

MEGANOS ROAD

RIVAS DRIVE

VICEROY WAY

CATERPILLAR LANE

HANSON LANE BLOOMFIELD WAY BEVERLY PLACE LONE TREE WAY
84 58
59 90
91 92
94 93
JOB NO.: 2462-030

VESTING TENTATIVE MAP

HANSON LANE

CITY OF BRENTWOOD CONTRA COSTA COUNTY CALIFORNIA
DATE: JUNE 2023

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
G:\2462-030\ACAD\TM\TM03.DWG
SHEET NO.

OF 37 SHEETS
SCALE: 1" = 60'

PRELIMINARY GRADING PLAN
0 60 120 180 C3.0
Attachment 6

LONE TREE WAY HANSON LANE BONITA WAY

MARSH CREEK EVA
4 5
6 7
8 9 10 11 12 13
21 20 19 18 17 16 15 14
22 23 24 25 26 27 28
35 34 33 32 31 30 29
36 37
38 39 40
41 42
43 44
45 48 47 46
49 50
51 52
53 54
55 56
57 58
61 62
63 64
65 66
67 68
69 77 76 75 74 73 72 71 70
78 79
80 81
82 83
84 85
86 87
89 90
91 94
1 2 3 SWALLOWTAIL COURT

ADMIRAL COURT

MEGANOS ROAD

RIVAS DRIVE

VICEROY WAY

CATERPILLAR LANE

HANSON LANE BLOOMFIELD WAY LONE TREE WAY BEVERLY PLACE
92 93
59 60
88 MINIMUM UTILITY DEPTHS

MINIMUM UTILITY DEPTHS
AT STORM DRAIN CROSSINGS JOB NO.: 2462-030

VESTING TENTATIVE MAP

HANSON LANE

CITY OF BRENTWOOD CONTRA COSTA COUNTY CALIFORNIA
DATE: JUNE 2023

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
G:\2462-030\ACAD\TM\TM04.DWG
SHEET NO.

OF 37 SHEETS
SCALE: 1" = 60'

PRELIMINARY UTILITY PLAN
0 60 120 180 C4.0
MINIMUM DEPTH PROJECT PARAMETERS:
·
·
·
UTILITY DESIGN NOTES:

Attachment 6

LONE TREE WAY BONITA WAY EVA
DMA 1
IMP 1A
IMP 1B
4 5
6 7
8 9 10 11 12 13
21 20 19 18 17 16 15 14
22 23 24 25 26 27 28
35 34 33 32 31 30 29
36 37
38 39 40
41 42
43 44
45 48 47 46
49 50
51 52
53 54
55 56
57 58
61 62
63 64
65 66
67 68
72 71 70 69 77 76 75 74 73 78
79 80
81 82 83
84 85
86 89
90 93
94 1 2 3 SWALLOWTAIL COURT

ADMIRAL COURT

MEGANOS ROAD

RIVAS DRIVE

VICEROY WAY

CATERPILLAR LANE

HANSON LANE BLOOMFIELD WAY HANSON LANE

MARSH CREEK BEVERLY PLACE LONE TREE WAY
91 92
59 60
87 88
0 60 120 180
JOB NO.: 2462-030

VESTING TENTATIVE MAP

HANSON LANE

CITY OF BRENTWOOD CONTRA COSTA COUNTY CALIFORNIA
DATE: JUNE 2023

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
G:\2462-030\ACAD\TM\TM05.DWG
SHEET NO.

OF 37 SHEETS

PRELIMINARY STORMWATER

MANAGEMENT PLAN
SCALE: 1" = 60'
C5.0

TENTATIVE MAP
LEGEND
DMA 1
IMP 1
·
·
·
NOTES:

DMA 1 433,649
AREA
ID

IMPERVIOUS AREAS
(SF)

PERVIOUS AREAS
(SF)

PROVIDED
(SF)

DRAINAGE MANAGEMENT AREA SUMMARY

REQUIRED
(SF)

PRIVATE IMPROVEMENTS TREATMENT AREA
416,987 19,013 22,800

LANDSCAPE & BIO RETENTION AREA DETAIL
NOTE:

LOW FLOW SUMP PUMP STRUCTURE

OUTLET STRUCTURE
Attachment 6

L-1 SCALE: 1" = 40'-0" NORTH 0' 40' 80' 160' vanderToolen Associates 700 Ygnacio Valley Rd. Suite 100 Walnut Creek, CA 94596 tel: 707.224.2299 www.vandertoolen.com OVERALL PLAN CONCEPTUAL LANDSCAPE PLAN Project No. 06520 Brentwood, California HANSON RANCH 12657 AlCOSTA BLVD., STE. 175 SAN RAMON, CA 94583 (925) 543-4004 Copyright 2023 vanderToolen Associates. The drawings or written materials contained herein constitute the original and unpublished work of the landscape architect. Reproduction, use or alteration in any form is strictly prohibited without the written consent of vanderToolen Associates. JUNE 14, 2023 PROPOSED TREE PALLETE * WATER NEEDS BASED ON THE WATER USE CLASSIFICATION OF LANDSCAPE SPECIES (WUCOLS) BY THE UNIVERSITY OF CALIFORNIA COOPERATIVE EXTENSION. WUCOLS* STREET TREES BOTANICAL NAME COMMON NAME ACER RUBRUM GINKGO BILOBA LAGERSTROEMIA INDICA PISTACIA C. 'KEITH DAVEY' PRUNUS C. 'KRAUTER VESUVIUS' ZELKOVA S.'GREEN VASE' RED MAPLE MAIDENHAIR TREE CRAPE MYRTLE KEITH DAVEY CHINESE PISTACHE PURPLE LEAF PLUM GREEN VASE ZELKOVA 24" BOX 24" BOX 24" BOX 24" BOX 24" BOX 24" BOX MMLLMM CREEK / OPEN SPACE TREES ARBUTUS 'MARINA' CERCIS OCCIDENTALIS PLATANUS A. 'COLUMBIA' QUERCUS LOBATA HYDBRID STRAWBERRY TREE WESTERN REDBUD LONDON PLANE TREE VALLEY OAK 24" BOX 24" BOX 24" BOX 24" BOX LVLML SYMBOL MIN. SIZE ACCENT TREES DODONAEA V. 'PURPUREA' STD. LAGERSTROEMIA I. 'ZUNI' STD. RHAPHIOLEPIS I. 'MAGNIFICENT' PURPLE HOPSEED BUSH CRAPE MYRTLE INDIAN HAWTHORN 15 GAL 15 GAL 15 GAL LLM GENERAL NOTES: · TREE LAYOUT IS SCHEMATIC. FINAL TREE LOCATIONS AND SPECIES SUBJECT TO CITY REVIEW. STREET TREES LOCATED APPROXIMATELY 30' O.C. · ALL LANDSCAPE AREAS THAT ARE INSTALLED BY DEVELOPER SHALL RECEIVE IRRIGATION BY MEANS OF AN AUTOMATIC UNDERGROUND IRRIGATION SYSTEM(S). THE SYSTEM(S) WILL BE DESIGNED UTILIZING BACKFLOW PREVENTION DEVICES TO MEET LOCAL AND UBC CODES. 6' HIGH GOOD NEIGHBOR FENCE VIEW FENCE MASONRY WALL AT OPEN SPACE 6' HIGH GOOD NEIGHBOR FENCE ON RETAINING WALL FENCE & WALL LEGEND REFER TO SHEET L-2 FOR TYPICAL FRONT YARD PLANTING. TURF BENCH, TYP. 5' WIDE CONCRETE WALK CONNECTING TO CREEK TRAIL Attachment
6

L-2 vanderToolen Associates 700 Ygnacio Valley Rd. Suite 100 Walnut Creek, CA 94596 tel: 707.224.2299 www.vandertoolen.com TYPICAL LOTS AND PLANT IMAGERY CONCEPTUAL LANDSCAPE PLAN Project No. 06520 Brentwood, California HANSON RANCH 12657 AlCOSTA BLVD., STE. 175 SAN RAMON, CA 94583 (925) 543-4004 Copyright 2023 vanderToolen Associates. The drawings or written materials contained herein constitute the original and unpublished work of the landscape architect. Reproduction, use or alteration in any form is strictly prohibited without the written consent of vanderToolen Associates. JUNE 14, 2023 SCALE: 1" = 10'-0" 0' 5' 10' 20' TYPICAL LOT AND CORNER FRONTYARDS PENSTEMON H. `MARGARITA BOP` MYOPORUM PARVIFOLIUM VERBENA L. 'DE LAMINA' NEPETA X FAASSENII RHIZOMATOUS TALL FESCUE (RTF) SCAVEOLA A. 'MAUVE CLUSTERS' ARCTOSTAPHYLOS 'EMERALD CARPET' LAGERSTROEMIA INDICA ZELKOVA S. 'GREEN VASE' CALAMAGROSTIS `KARL FOERSTER` JUNCUS PATENS ANIGOZANTHOS SPP. BOUTELOUA G. 'BLONDE AMBITION' HELICTOTRICHON SEMPERVIRENS DIETES SPP. ARCTOSTAPHYLOS `HOWARD MCMINN` CALLISTEMON C. `LITTLE JOHN` CEANOTHUS SPP. DODONAEA V. `PURPUREA` GREVILLEA X `NOELLII` LOROPETALUM SPP. RHAMNUS C. `EVE CASE` SALVIA SPP. STREETS TREES SHRUBS AND GRASSES GROUNDCOVERS TURF GROUNDCOVERS SHRUBS ABELIA SPP. ACHILLEA SPP. AGAPANTHUS SPP. ARCTOSTAPHYLOS SPP. CALLISTEMON V. 'LITTLE JOHN' CEANOTHUS SPP. CISTUS SPP. CORDYLINE SPP. DODONAEA V. 'PURPUREA' ESCALLONIA SPP. GAURA LINDHEIMERI GREVILLEA SPP. LIGUSTRUM SPP. LOROPETALUM SPP. MYRTUS C. 'COMPACTA' NANDINA DOMESTICA NEPETA X FAASSENII PENSTEMON SPP. PITTOSPORUM SPP. PODOCARPUS M. 'MAKI' PRUNUS C. 'COMPACTA' RHAMNUS CALIFORNICA RHAPHIOLEPIS SPP. ROSA SPP. SALVIA SPP. VERBENA SPP. VIBURNUM SPP. WESTRINGIA SPP ABELIA YARROW LILY OF THE NILE MANZANITA DWARF BOTTLE BRUSH CALIFORNIA LILAC ROCKROSE CORDYLINE PURPLE LEAFED HOPSEED BUSH ESCALLONIA GAURA GREVILLEA WAX LEAF PRIVET FRINGE FLOWER DWARF MYRTLE HEAVENLY BAMBOO CATMINT BEARDTONGUE MOCK ORANGE PODOCARPUS CAROLINA CHERRY COFFEE BERRY INDIAN HAWTHORN ROSE SAGE VERBENA VIBURNUM COAST ROSEMARY 5 GAL 1 GAL 1 GAL 5 GAL 1 GAL 1 GAL 1 GAL 1 GAL 5 GAL 1 GAL 1 GAL 1 GAL 5 GAL 1 GAL 1 GAL 1 GAL 1 GAL 1 GAL 5 GAL 5 GAL 5 GAL 1 GAL 1 GAL 1 GAL 1 GAL 1 GAL 5 GAL 1 GAL MLMLLLLMLMMLLMLLLMMMLLMMLLML ARCTOSTAPHYLOS 'EMERALD CARPET' MYOPORUM PARVIFOLIUM SCAVEOLA A. 'MAUVE CLUSTERS' RHAPHIOLEPIS I. 'PINK DANCER' MANZANITA MYOPORUM FAIRY FAN FLOWER INDIAN HAWTHORN 1 GAL 1 GAL 1 GAL 1 GAL MLLM RHIZOMATOUS TALL FESCUE (RTF) SELF-HEALING TURF SOD/HYDROSEED BOTANICAL NAME COMMON NAME WUCOLS* PROPOSED PLANT PALETTE * WATER NEEDS BASED ON THE WATER USE CLASSIFICATION OF LANDSCAPE SPECIES (WUCOLS) BY THE UNIVERSITY OF CALIFORNIA COOPERATIVE EXTENSION. GRASSES BOUTELOUA G. 'BLONDE AMBITION' CALAMAGROSTIS SPP. CAREX DIVULSA CHONDROPELATUM TECTORUM DIETES SPP. HELICTOTRICHON SEMPVIRONS HESPERALOW PARVIFOLIA JUNCUS PATENS LOMANDRA LONGIFOLIA MUHLENBERGIA SPP, YUCCA FILAMENTOSA BLUE GRAMA REED GRASS BERKELEY SEDGE CAPE RUSH AFRICAN IRIS BLUE OAT GRASS RED YUCCA SPREADING RUSH DWARF MAT RUSH MUHLY GRASS ADAM'S NEEDLE 1 GAL 1 GAL 1 GAL 1 GAL 1 GAL 1 GAL 1 GAL 1 GAL 1 GAL 1 GAL 1 GAL LMLLLLLMLLM MIN. SIZE PROPOSED TREE PALLETE * WATER NEEDS BASED ON THE WATER USE CLASSIFICATION OF LANDSCAPE SPECIES (WUCOLS) BY THE UNIVERSITY OF CALIFORNIA COOPERATIVE EXTENSION. WUCOLS* STREET TREES BOTANICAL NAME COMMON NAME ACER RUBRUM GINKGO BILOBA LAGERSTROEMIA INDICA PISTACIA C. 'KEITH DAVEY' PRUNUS C. 'KRAUTER VESUVIUS' ZELKOVA S.'GREEN VASE' RED MAPLE MAIDENHAIR TREE CRAPE MYRTLE KEITH DAVEY CHINESE PISTACHE PURPLE LEAF PLUM GREEN VASE ZELKOVA 24" BOX 24" BOX 24" BOX 24" BOX 24" BOX 24" BOX MMLLMM CREEK / OPEN SPACE TREES ARBUTUS 'MARINA' CERCIS OCCIDENTALIS PLATANUS A. 'COLUMBIA' QUERCUS LOBATA HYDBRID STRAWBERRY TREE WESTERN REDBUD LONDON PLANE TREE VALLEY OAK 24" BOX 24" BOX 24" BOX 24" BOX LVLML SYMBOL MIN. SIZE ACCENT TREES DODONAEA V. 'PURPUREA' STD. LAGERSTROEMIA I. 'ZUNI' STD. RHAPHIOLEPIS I. 'MAGNIFICENT' PURPLE HOPSEED BUSH CRAPE MYRTLE INDIAN HAWTHORN 15 GAL 15 GAL 15 GAL LLM STREET TREE, TYPICAL. 6' GOOD NEIGHBOR FENCE & GATE FRONT YARD PLANTING, TYPICAL. PARKWAY PLANTING, TYPICAL. QUERCUS LOBATA CONCEPTUAL IRRIGATION STATEMENT THE IRRIGATION DESIGN FOR THE PROJECT SITE SHALL COMPLY WITH THE STATE MANDATED MODEL WATER EFFICIENT LANDSCAPE ORDINANCE (MWELO) ADOPTED DECEMBER 1, 2016, AND THE CITY OF BRENTWOOD WATER EFFICIENT LANDSCAPE REQUIREMENTS. IRRIGATION SYSTEMS WILL BE AUTOMATICALLY CONTROLLED BY AN ET (EVAPO-TRANSPIRATION) SMART IRRIGATION CONTROLLER CAPABLE OF MULTIPLE PROGRAMMING AND INDEPENDENT TIMING OF INDIVIDUAL IRRIGATION SYSTEMS. THE CONTROLLER WILL HAVE A 24-HOUR CLOCK TO ALLOW MULTIPLE START TIMES AND REPEAT CYCLES TO ADJUST FOR SOIL PERCOLATION RATES. THE IRRIGATION SYSTEMS WILL CONSIST PRIMARILY OF LOW VOLUME, LOW FLOW BUBBLERS FOR TREES, POINT SOURCE DRIP IRRIGATION FOR SHRUBS & GROUNDCOVERS, AND MP ROTATOR IRRIGATION FOR TURF AREAS. PLANTS WILL BE GROUPED INTO SEPARATE VALVES ACCORDING TO SUN EXPOSURE AND WATER USE TO ALLOW FOR IRRIGATION APPLICATION BY HYDROZONE. THE IRRIGATION SCHEDULING WILL REFLECT THE REGIONAL EVAPO-TRANSPIRATION RATES. THE ENTIRE SITE WILL BE DESIGNED TO RUN DURING NIGHTTIME HOURS WHEN IRRIGATION IS MOST EFFICIENT. ALL MWELO DOCUMENTATION INCLUDING IRRIGATION PLANS, WATER USE CALCULATIONS AND CERTIFICATES SHALL BE SUBMITTED WITH THE LANDSCAPE IMPROVEMENT PLANS FOR REVIEW AND APPROVAL. GINKGO BILOBA PRUNUS C. 'KRAUTER VESUVIUS' CERCIS OCCIDENTALIS ACER RUBRUM PISTACIA C. 'KEITH DAVEY' ARBUTUS 'MARINA' CREEK TREES ACCENT TREE, TYPICAL. PLAN 3 PLAN 2 PLAN 4 GOOD NEIGHBOR FENCE A GROUNDCOVER, TYPICAL. PLAN 1 Attachment
6

EVA LONE TREE WAY

HANSON LANE
4 5
6 7
8 9 10 11
12 13
21 20 19 18 17 16 15 14
22 23 24 25 26 27 28
33 32 31 30 29
35 34
36 37
38 39 40
41 42
43 44
45 46 47
48 49
50 51
52 53
54 55
56 57
58 61
62 63
64 65
66 67
68 69
72 71 70 77 76 75 74 73 78
79 80
81 82 83
84 85
86 87
89 90
91 92
1 2 3 SWALLOWTAIL COURT

ADMIRAL COURT

MEGANOS ROAD

RIVAS DRIVE

VICEROY WAY

CATERPILLAR LANE

HANSON LANE

BLOOMFIELD WAY

MARSH CREEK BONITA WAY LONE TREE WAY

BEVERLY PLACE
93 94
59 60
88 G:\2462-030\ACAD\TM\P1.0.DWG

HANSON LANE

PRELIMINARY

DEVELOPMENT PLAN

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

SAN RAMON
WWW.CBANDG.COM

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

UNIT MIX SUMMARY
PLAN NUMBER # OF LOTS % OF TOTAL

TYPICAL LOT SETBACKS
SHEET NO.

OF 37 SHEETS
P1.0

MINIMUM SETBACKS
Attachment 6

 


      





       


    
 



 








  


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Attachment 6

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Attachment 6

HANSON LANE
PROJECT DESCRIPTION
Project Title:  VTSM 9574 and DR 21‐006
Project Location: The Hanson Lane Project site is 20.15 acres located at the eastern terminus of Hanson Lane bounded by Marsh Creek to the east, the extension of Lone Tree Drive to the north and existing residential to the west.

Project Description:  The Hanson Lane project proposes the development of 94 single family detached homes.  Lot sizes range from 4,000 to 21,200 square feet however, typical/minimum lot dimensions are 50 feet wide and 80 feet deep.  As described below the Project proposes 3 large lots in conformance with the City’s Density Transition Policy.

The Project proposes an on‐site recreation amenity connecting on‐site sidewalks to the Marsh Creek Trail featuring turf, trees and benches adjacent to water quality treatment areas adjacent to the Creek.

The location and nature of the amenities enhances the pedestrian experience for project residents and all users of the Marsh Creek trail.  The Project also proposes off‐site trail improvements which further enhancing pedestrian connectivity in the area.  On‐site water quality treatment and detention basins line the Marsh Creek frontage to ensure an appropriate buffer for project impacts and pleasant experience for pedestrians on the Marsh Creek Trail.

The Project is proposing the construction of 12 affordable homes on site.  These homes will be restricted to Moderate, Low and very Low levels in conformance with the City’s inclusionary zoning ordinance requirements.  The proposed affordable homes will be identical to market rate homes in size and exterior appearance and are spread throughout the community.  As discussed below the Project’s affordable housing proposals qualifies it for Density Bonus Law application.

Entitlement Summary/Key Issue Summary
General Plan:  The Hanson Lane Project proposes the subdivision of 20.15 acres of land currently designated as Residential‐Low Density (R‐LD) in the City of Brentwood’s General Plan.  The allowed density range for this designation in the General Plan is 1.1 to 5.0 dwelling units per acre.  The Project proposes 94 single family detached lots, a density of 4.67 dwelling units per acre, and is therefore consistent with the General Plan.

Zoning:  The property is currently zoned Planned Development (PD‐71).  No rezoning of the property is required for the Project as state law (the Housing Accountability Act) now provides that a proposed project is not inconsistent with applicable zoning standards and criteria, and shall not require a rezoning, if the proposed project is consistent with objective General Plan standards and criteria, but the local Attachment 7

agency’s adopted zoning for the project site is inconsistent with the general plan.  As detailed in our application materials, waivers and concessions available to the Project via Density Bonus Law are utilized where the Project does not meet certain existing zoning standards.

Affordable Housing:  The Project is proposing to meet the City’s 3/4/3 Inclusionary Zoning Requirements under (City Municipal Code, title 17 [“Zoning Code”], chapter 17.725) by building and restricting 5 homes at Very Low, 4 homes at Low and 3 homes at Moderate income levels (see chart below for current expected sales prices). The 12 affordable homes are proposed to be identical in size and appearance to market rate homes in the community.  The specific house plans and their location that are proposed as affordable units are indicated on the included Development Site Plan.

Density Bonus Law Application:  The Project’s proposal to provide 5 units at Very Low Income levels expressly qualifies the Project under Density Bonus Law for a base density bonus, 1 concession and unlimited waivers.  When a project qualifies for a density bonus under the DBL, it is entitled to the maximum base density of any density range permitted by local rules.  (Government Code, § 65195(b)(1), (f), (o)(5).)   However, the Hanson Project’s proposed density is within the allowed range under the city’s current General Plan and as a result is not proposing to utilize any of the allowed bonus units. The Project is proposing to utilize the concession and waivers allowed under the Law with respect to some of the zoning criteria as well as the City’s mid‐point density policy.  The application of the concession and waivers is further detailed in the zoning criteria checklist provided with the Project’s application.

Transitional Density Policy:  A portion of the western boundary of the Project abuts two existing large residential lots triggering the applicability of the City’s Density Transition General Plan Policy.  Lots 1 ‐3 of the Project abut those two lots and are each 20,000SF or larger ensuring compliance with the policy.

Mid‐Point Density Policy:  The City’s policy typically prohibits development above the mid‐point of the applicable General Plan density range unless City Council determines that a project incorporates significant “amenities”.  While the Project does propose significant on‐site and off‐site pedestrian and recreational amenities, the application of this policy to the Project is not appropriate under current state law as the Project is consistent with the General Plan.  The Housing Accountability Act protects the Project from application of a subjective standard.  As the mid‐Point Policy only allows development above the mid‐point when city council subjectively determines that adequate amenities are provided, the Policy may not be applied to the Project.

Units Price
Very Low (3%) 5 $164,000
Low (4%) 4 $271,000
Moderate (3%) 3 $581,000
Total 12
Hanson Lane
Attachment 7

Architectural Summary
Three floor plans are proposed, all plans are two story and include 4 bedrooms and 3 bathrooms.  All homes offer a first‐floor bedroom and bathroom.  Homes sizes range from 2,177 to 2,541 square feet.

Four elevation styles are proposed (Santa Barbara, Contemporary, Coastal and Farmhouse) providing 12 different elevation/plan combinations ensuring a varied street scene.

The Santa Barbara elevations are primarily stucco with window trim and shutter accents.  Varied roof forms and simulated clay tile roof provide character and interest to a clean and classic form.

The Contemporary elevations feature stucco and horizontal cementitious lap siding to create clean and more modern lines and styling.

The Coastal elevations are a combination of stucco and cementitious siding with manufactured stone veneer and window shutter accents.  Distinct front entry columns, varied roof forms and cement flat tile materials combine to provide distinct styling and curb appeal.

The Farmhouse elevations are stucco homes with vertical cementitious board and batten siding and manufactured brick accents blend with primarily shed and gable roof forms with flat concrete tiles combine to create a the easily identifiable farmhouse look.

Environmental Condition
The site is vacant and dominated by ruderal, disturbed grasslands.  A portion of the property was historically used as an orchard grove, a foundation for a previously removed home remains on the property. A total of 21 trees remain on the property and are described in detail in the PSR.  There are no potentially jurisdictional wetlands on the property, but the site does provide potential habitat for protected animal and plant species.

The site is within the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP).  A Planning Survey Report (PSR) was prepared and submitted as part of the project application.  Projects within the boundaries of the HCP/NCCP pay fees as the approved form of mitigation for actual or assumed impacts on jurisdictional species and waters.  The PSR identifies potentially impacted species and includes requirements for pre‐construction surveys and avoidance measures as necessary.  The HCP/NCCP also includes required setback from Marsh Creek.  All of these requirements are reflected in the projects conditions of approval.

Attachment 7

Attachment 8

PLANNING COMMISSION AGENDA ITEM NO. E.2
09/19/2023
SUBJECT: Applications for Vesting Tentative Subdivision Map and Design Review approval for the Hanson Lane residential project.

DEPARTMENT: Community Development Department
STAFF: Erik Nolthenius, Planning Manager
Jennifer Hagen, Senior Planner

TITLE/RECOMMENDATION
Staff recommends that the Planning Commission adopt Resolution No. 23-029 approving the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, and Errata Sheet; Resolution No. 23-030 approving the Vesting Tentative Subdivision Map (VTSM 9547); and Resolution No. 23-031 approving the Design Review (DR 21-006) for the Hanson Lane Project, based on findings of fact, as conditioned.

The project includes a Vesting Tentative Subdivision Map (VTSM 9547) to create 94 single-family residential lots, open space area, an emergency vehicle access (EVA), new internal roadway system, and other related improvements. The project qualifies for a density bonus, but is not seeking to develop above the density allowed by the City. Rather, the applicant seeks concessions and waivers from certain City standards, as allowed by the density bonus law. The project also includes a design review application (DR 21-006) for the homes to be constructed on the 94 lots. The project is located at 251 Hanson Lane (APN 018-230-034).

The City prepared a mitigated negative declaration for this project in accordance with the requirements of the California Environmental Quality Act (CEQA, codified at Public Resources Code §§ 21000, et seq., and as further governed by the State CEQA Guidelines, found at 14 CCR §§ 15000, et seq.). Several potentially significant impacts are identified; however, mitigation measures are incorporated to reduce those impacts to less than significant levels. All mitigation measures not addressed by the standard conditions of approval are included as conditions of approval where appropriate.

OWNER/APPLICANT
Edward J. Hanson / MLC Holdings, Inc.

Attachment 9

PLANNING COMMISSION AGENDA ITEM NO. E.2
09/19/2023

PROJECT DESCRIPTION
The applicant, MLC Holdings Inc., is requesting approval of an Initial Study/Mitigated Negative Declaration (IS/MND), a Mitigation Monitoring and Reporting Plan (MMRP), Errata Sheet, a Vesting Tentative Subdivision Map (VTSM 9547), and Design Review (DR 21-006) for a new 94-unit single-family development including three estate residential lots, open space area, an emergency vehicle access (EVA), and new internal roadway system.

The proposed project would include the subdivision of the 19.73-acre property to develop 94 single-family residences including three estate residential lots ranging from 21,101 square feet (sf) to 21,200 sf and 91 single-family residential lots ranging in size from 4,000 sf to 8,242 sf. The project includes four varying floor plans that will be distributed across all 94 lots as follows:

Plan Number Units Size # of Lots % of Total
Plan 1 (4024
2,541-sf residence with four
bedrooms and a loft 24 26%
Plan 2 (4022)
2,320-sf residence with four
bedrooms and a loft 23 24%
Plan 3 (3526)
2,177-sf residence with four
bedrooms, an office, and a loft 24 26%
Plan 4 (4026)
2,771-sf residence with four
bedrooms and a loft 23 24%
As detailed below, a total of 12 below-market rate units would be provided for verylow, low-, and moderate-income families. The 12 below-market rate units are spread across the four proposed floor plans. Each residence would include a two-car garage and a private rear yard. Additionally, the three larger lots discussed above would provide the required density transition from the existing Ranchette Estate development adjacent to the project to the southwest.

A retaining wall up to four feet in height would be constructed along the western boundary of the site due to a change in grade in a few areas near the adjacent existing residential development. A standard six-foot good neighbor rear yard fence would be constructed on top of the retaining wall. In addition, due to a change in grade between the northern boundary of the project site and the existing access road for the rural residences to the north of Lone Tree Way, a four-foot retaining wall would be constructed separating the private road to the north of the project site and the segment of Lone Tree Way along the northern boundary of the project site.

Attachment 9

PLANNING COMMISSION AGENDA ITEM NO. E.2
09/19/2023

GENERAL PLAN
Residential-Low Density
ZONING
PD-71 (Planned Development No. 71)

PREVIOUS ACTION(S)
Previous actions related to this agenda item that were taken by the Planning Commission and City 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 research references to the Brentwood Municipal Code and search by the code section(s) cited.

On September 26, 2006, the City Council adopted Ordinance No. 836 Prezoning the subject property known and Hanson Ranch to Planned Development (PD) 71 and added Chapter 17.528 to the Brentwood Municipal Code establishing uses and development standards for the site.

On June 13, 2007 the subject property was annexed into the City as part of the Hanson Ranch Annexation.

On April 8, 2008, the City Council adopted Ordinance No. 857 updating the PD sections of the Brentwood Municipal Code, including PD-71 adopting revised subarea maps and development standards.

BACKGROUND
The 19.73-acre project site is located at 251 Hanson Lane in the city of Brentwood, and is identified by Assessor’s Parcel Number (APN) 018-230-034. The site has been disturbed by previous agricultural operations and is currently undeveloped and vacant. The southwest and northeast corners of the site contain existing trees, the majority of which are ornamental species. The General Plan designates the site as Residential-Low Density (R-LD) and the site is zoned Planned Development (PD-71).

Pursuant to Brentwood Municipal Code Section 17.521.001, the intended primary use for the PD-71 zone shall consist of detached single-family residential, duets, parks, and open space uses.

Attachment 9

PLANNING COMMISSION AGENDA ITEM NO. E.2
09/19/2023
Surrounding Land Uses
North: Rural Residential across Lone Tree Way
East: The City of Brentwood Solid Waste Operations and Wastewater Operations facilities across Marsh Creek and Marsh Creek Regional Trail South: Single-Family Residential across Hanson Lane
West: Single-Family Residential

APPLICABLE STATE HOUSING LAW
The applicant submitted the application for this project under Senate Bill (SB) 330 (Government Code section 65941.1.) and review of the application must comply with SB 330. Most importantly, if the application complies with the applicable objective general plan, zoning, and subdivision standards and criteria, including design review standards, the City cannot deny or condition the project in a manner that would lessen the intensity of housing, such as decreasing the density or number of units (Government Code section 65589.5(j)). Therefore, the City cannot require compliance with the City’s General Plan “mid-range” policy. The “mid-range” policy requires that applicants meet subjective criteria to develop above the mid-point of the applicable General Plan density range, and is, therefore, contrary to the requirement that cities cannot limit density through subjective criteria. The City Council has directed that this policy be removed from the General Plan.

ANALYSIS

GENERAL PLAN CONSISTENCY - RESIDENTIAL LOW DENSITY
The subject property has a General Plan land use designation of R-LD. The R-LD designation is designed predominantly for single-family detached houses, although higher density developments could be accommodated if offset with sufficient open Project
Site

Attachment 9

PLANNING COMMISSION AGENDA ITEM NO. E.2
09/19/2023
space or other amenities in order to maintain the gross density within the indicated range. The R-LD designation allows a density range of 1.1 to 5.0 dwelling units per gross acre (du/ac), and the proposed project would result in a density of 4.67 du/ac.

As noted above, the City cannot impose the General Plan “mid-range” policy.

Consistent with the General Plan, this development will help to provide a broad spectrum of housing types and community facilities with development occurring in a logical and orderly manner and contiguous with existing developments (Goal LU1, Policy LU 1-4, and Policy LU 1-5). The proposed project is located in a convenient location for future residents to access bus transit (Policy LU 2-6). The proposed project also provides land for recreational uses with access to the existing Marsh Creek Trail, and opportunities for community gathering (Policies LU 4-2 and 4-3).

In addition, as demonstrated in the IS/MND prepared for the project, the City’s community services and facilities can accommodate the increased demand resulting from the development, as the proposed project will offset impacts to community services through the payment of impact fees (Policies CSF 1-2 and CSF 1-3).

The project is not anticipated to have a significant adverse effect on the surrounding properties from a noise perspective; however, the proposed project would result in a temporary increase of noise during construction activities. The project will be conditioned to comply with the Noise Element so that construction activities will be regulated to the allowable hours, construction vehicles will be required to use operating mufflers, and loud stationary noise sources will be positioned away from sensitive receptors (Noise, Action N-1). Continued compliance with the Noise Element under operational conditions will also be required. Seismically sound construction designs and practices will further comply with the Safety Element (Goal SA-1).

Housing Element
In addition to applicable State laws, the City’s 2014 General Plan and 2023 Housing Element have goals and policies to ensure that adequate provisions are made for meeting the housing needs for all economic segments of Brentwood. The proposed project meets the intent of the goals and polices established by the General Plan and Housing Element as follows:

Goal LU 1. Establish a land use pattern in Brentwood that provides for a diverse, self-sufficient community that offers a broad spectrum of job opportunities, housing types, community facilities, and commercial services.

Attachment 9

PLANNING COMMISSION AGENDA ITEM NO. E.2
09/19/2023
The project provides a land use pattern that provides for a diverse and self-sufficient community that offers a total of 94 detached single-family residences, with 82 market rate homes, including three estate residential lots, and 12 affordable single-family units.

Goal H-1. Provide a diversity of housing opportunities to enhance the City's living environment and to satisfy the shelter needs of all Brentwood residents.

The project provides a diversity of housing opportunities by including 82 single-family market rate homes, three of which would be estate residential homes, and 12 belowmarket rate homes for very-low, low-, and moderate-income families. The homes would range in size from 2,177 sf to 2,771 sf.

Goal H-2. Encourage housing that is affordable to all socio-economic segments of Brentwood’s population.

The project includes 12 affordable units for very-low, low-, and moderate-income families for the Brentwood population, consistent with the City’s Affordable Housing Ordinance.

Action H 2a. Compliance with Affordable Housing Ordinance: All new residential projects shall provide affordable housing units in accordance with the City’s adopted Affordable Housing Ordinance Chapter 17.725. The City will continue to review and monitor the ongoing effectiveness of the City’s affordable housing ordinance to ensure developers provide a certain percentage of new homes to qualifying households at an affordable cost for the longest feasible time. The ordinance shall also continue to include a list of automatically available development incentives to encourage the construction of the inclusionary units, as well as provide the details for available alternatives to satisfy inclusionary housing obligations.

The project complies with the Affordable Housing Ordinance by providing affordable units in accordance with the City’s adopted ordinance that was in effect at the time the project was deemed complete in January 2022 and is subject to the 10 percent affordability requirement. The project is providing 12 affordable units (13 percent) for very-low, low-, and moderate-income households which is more than required by the ordinance in order to also meet State Density Bonus requirements. In addition, the project developer would be required to enter into an Affordable Housing Agreement with the City prior to final map approval.

Attachment 9

PLANNING COMMISSION AGENDA ITEM NO. E.2
09/19/2023
The project site is within the General Plan R-LD land use designation, which provides for a density range from 1.1 to 5.0 dwelling units per acre. The 94 proposed units results in an overall density of 4.67 dwelling units per acre, which is consistent with the density range of 1.1 to 5.0 dwelling units per acre.

Goal H-3. Encourage an equitable distribution of housing for all economic groups throughout the community.

By providing a mix of market rate, moderate, and low income units, the project achieves and maintains an equitable distribution of housing types available to all economic groups. The Regional housing Needs Allocation (RHNA) for Brentwood for the 6th cycle requires planning for the development of 1,522 new affordable housing, including 247 units for moderate-income households and 232 units for low income households for the next 2023-2031 housing allocation cycle. The proposed project would contribute 12 affordable units and 82 above moderate units that are all anticipated to be counted toward the 2023-2031 allocation cycle consistent with the provisions in the Housing Element update.

Action LU 2a. Density Transition
Action LU 2a of the General Plan requires a density transition for proposed lots facing or abutting existing residential lots zoned Ranchette Estate or of one acre or more, such that the proposed lots have a minimum area of 20,000 sf. Given the presence of one acre lots west of the site, the proposed lots are required by this policy to have a minimum area of 20,000 sf. The project meets this requirement on its western border by including three larger lots ranging between 21,100 sf to 21,200 sf. These larger lots would be accessed internally through the new subdivision and would back up to the existing Ranchette Estate residential development along Hanson Lane, along the western boundary of the site to comply with the General Plan provisions (Goal LU 2, Action LU 2a). This configuration would provide a visual buffer to minimize the impact of the development on the existing residents and protect the integrity of the existing land use patterns to the west.

ZONING CONSISTENCY- PLANNED DEVELOPMENT (PD-71)
The project site is zoned PD-71, which allows for single-family detached residential uses on lots with a minimum size of 5,000 sf for 67 percent of the total lots and a minimum size of 4,500 sf for 33 percent of the lots. As shown in the table below, the project satisfies the required height and parking standards for the zoning district; however, the project includes reduced front and side yard setbacks, and reduced lot area. As allowed under the State Density Bonus law, the applicant is requesting a

Attachment 9

PLANNING COMMISSION AGENDA ITEM NO. E.2
09/19/2023
concession and waivers to these development standards, which is discussed further in the report.

PD-71 Development
Standards Proposed Complies
Minimum Lot Area
5,000 sf for 66% of
the total lots (~59
lots)
4,500 sf for 33% of
the total lots (~29
lots)
~25% of lots are
5,000 sf or more
~22% range from
4,500sf-5,000 sf
~52% are less than
4,500 sf
No,
waiver
requested.

Minimum Front
Yard Setback
15’ from property line
to any building façade
20’ feet from any
garage facing street
12’
No,
waiver
requested.

Minimum Side Yard
Setback
5’ with a min. 15’
combined total
5’, with a 10’
combined total
No,
waiver
requested.

Minimum Rear Yard
Setbacks 20’ 20’-22’ Yes
Minimum Off-Street
Parking Spaces 2 2 Yes
Maximum Building
Height 30’ 25’ 4” Yes
Maximum Lot
Coverage 40% 28%-42%
No,
waiver
requested.

Density 5 dwelling units per
acre

4.67 dwelling units
per acre
Yes

HOUSING LAWS
The State has passed numerous housing laws to address the housing shortage and limit local governments’ ability to deny housing projects that comply with the General Plan and/or zoning regulations. Several laws apply to the Hanson Lane project that affect the City’s processing of the project. The housing laws that affect the Hanson Lane project directly limit the City’s ability to respond to issues about density, development standards, and design standards. Although there are a variety of housing laws that apply to this project, the most relevant is the State Density Bonus law (Government Code §§ 65915-65918).

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State Density Bonus Law
The State Density Bonus Law was enacted in 1979 to address the shortage of affordable housing in California. The law has been amended dozens of times over the years. Pursuant to the Density Bonus law, the density bonus is set on a sliding scale, based on the percentage of affordable units provided. The proposed project is proposing to provide five percent (5%) of the units for very-low income households, which meets the State’s Density Bonus Law threshold for a base density bonus (Government Code § 65915 (f)(2)(B)(1)(b)). However, the project’s proposed density is within the allowed range under the City’s current General Plan and as a result is not requesting to utilize any of the allowed bonus units. The project is, however, requesting to utilize the concession and waivers allowed under the Law with respect to some of the zoning criteria as well as the City’s mid-point density policy.

Concession
As relevant here, an incentive/concession is defined as either (1) a reduction in site development standards or a modification of zoning requirements or architectural design requirements that exceed the minimum Building Code standards, or (2) other regulatory incentives or concessions proposed by the developer or the City that result in identifiable and actual cost reductions to provide for affordable housing costs (Government Code § 65915(k)). Under the Density Bonus Law, a project that provides at least five percent of its units for very-low income households, such as the proposed project, may request one incentive/concession (Government Code § 65915(d)(2)(A)). Although it has already been noted that the City cannot impose the General Plan “mid-range” policy, the applicant had originally requested a concession in order to exceed the midpoint point range. The following table provides a summary of the concession requested by the applicant:

General Plan Concession
Request Summary
1 The General Plan
requires housing
projects above
the mid-point
density to
provide a
significant
amount of
amenities / public
benefit
incorporated into
a project at the
discretion of the
Exemption from
the General
Plan mid-point
density range
requiring a
significant
amount of
amenities/public
benefit.

The density range in the Residential
Low Density General Plan land use
designation is 1.1 to 5.0 du/ac with a
midrange of 3.0 du/ac. The applicant’s
proposed density exceeds the
midpoint of that range. According to
the applicant, the provision of 10%
very-low, low- and moderate-income
units, in addition to the additional
units to satisfy State Density Bonus
law is a public benefit that would
justify exceeding the midpoint density
range policy and therefore requests a

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Council (General
Plan Density
Calculation p.9-
1).
concession in the form of
acknowledgment of the provision of
this level of affordable housing as a
public benefit sufficient for these
purposes.

Under State law, the City’s review of requested incentives or concessions is limited to determining the project’s eligibility for the requested incentives and concessions, and whether any requested deviations from City standards would (1) not actually result in identifiable and actual cost reductions to provide for affordable housing costs, (2) have a specific, adverse impact on public health/safety or on a property listed on the California Register of Historical Resources for which there is no feasible method to satisfactorily mitigate the impact without rendering the project unaffordable, (3) be contrary to state or federal law. Cities bear the burden of proof for the denial of any requested incentive or concession not given. Staff has not identified any grounds under the Density Bonus Law for denying this requested concession.

Waivers
Under the Density Bonus Law, a qualified applicant may request waivers of development standards such as lot sizes, lot dimensions, or setbacks. Pursuant to the Density Bonus law, the City is not permitted to apply any development standards that would physically preclude the construction of the project as designed at its permitted density with the concessions allowed under the law. As with concessions, the City is not required to waive or reduce development standards that would (1) have a specific, adverse impact on public health /safety or on a property listed on the California Register of Historical Resources for which there is no feasible method to satisfactorily mitigate the impact without rendering the project unaffordable, or (2) be contrary to state or federal law. Furthermore, a waiver does not count as an incentive/concession, and there is no limit on the number of waivers that may be requested or granted. The following table provides an summary of the four waivers requested by the applicant:

PD-71 Zoning
Standard Waiver Requested Summary
1 The minimum lot
area is 5,000 sf for
66% of the lots on
the 19.73‐acre
project site and
4,500 sf for 33%
Approximately 25%of
the proposed lots are
5,000 sf or more; 22%
are between 4,500 sf
and 5,000 sf; and the
remaining ~ 52% are
less than 4,500 sf.

Larger lot sizes would not
allow for the project to build
to the density permitted
under the Density Bonus
Law.

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PD-71 Zoning
Standard Waiver Requested Summary
of the lots on the
project site.
2 The front yard
setback shall be
15 feet as
measured from the
property line to
any building
façade or side
entry garage and
20 feet for any
garage facing the
street measured
from the property
line to the center
of the garage
door.

Minimum front yard
reduced to 12 feet.

On certain floor plans, a 15-
foot front setback would
preclude the ability to
provide the PD-required
usable rear yard space and
would thus preclude
development of the project
as proposed.
3 The minimum side
yard setbacks for
single‐family
detached units
shall be a
minimum of five
feet with a
minimum
combined total of
15 feet for both
side yards. Corner
lots shall maintain
a minimum side
yard on the street
side of ten feet.

Minimum side yard
setback combined total
reduced to 10 feet.
15-foot combined side yards
would require significantly
smaller houses and/or the
development of significantly
wider lots, which would
physically preclude
construction of this Density
Bonus Law‐qualifying project
as proposed and would also
prevent attainment of the
density allowed by the
General Plan.
4 Maximum lot
coverage shall be
40%.

Maximum lot coverage
increased to 42%.

Compliance with this
development standard would
physically preclude
construction of the Density
Bonus Law‐qualifying project
as proposed.

Staff has analyzed whether all of the above mentioned waivers are subject to denial and has determined that they are not, for the following reasons:

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(1) there are no specific, adverse impacts on public health or safety for which there is no feasible method of mitigation or avoidance that would be associated with granting this requested waiver;
(2) there are no specific, adverse impacts on public health or safety on any real property listed in the California Register of Historical Resources; and (3) the requested waivers are not contrary to state or federal law.

Affordable Housing Ordinance and Density Bonus Affordability Requirement The project application was deemed complete in January 2022, and therefore is subject to the City’s Affordability Housing Ordinance that was in effect at that time.

That ordinance requires the project to provide ten percent (10%) of total units as affordable units. Under that ordinance, the project is required to provide nine affordable units, with two reserved for very low-income households, four reserved for low-income households, and three reserved for moderate-income households. The proposed project is proposing to provide 12 affordable units, with five reserved for very low-income households, four reserved for low-income households, and three reserved for moderate-income households. Under the State Density Bonus Law (Government Code § 65915 (f)(2)(B)(1)(b)), the project is required to provide five percent (5%) of the units for very-low income households in order to qualify for Density Bonus benefits. Under this law, the project is required to provide five units reserved for very-low income households. Units required by the City’s Affordable Housing Ordinance qualify as affordable units for purposes of the Density Bonus Law.

Therefore, with a total of 12 affordable for-sale units, the project meets the affordability requirements as required by City and State requirements (BMC Ordinance 790, adopted December 14, 2005, and Government Code § 65915 (f)(2)(B)(1)(b)).

The designs of the affordable units are comparable to the exterior designs of the market rate units, materials, architectural elements, and overall construction quality, as well as the number of bedroom and proportion of bedroom types. The affordable units are also dispersed throughout the residential development including on corner lots, consistent with the requirements of the applicable Affordable Housing Ordinance.

VESTING TENTATIVE SUBDIVISION MAP
The subject site consists of an irregularly shaped 19.73-acre parcel, with the eastern boundary along Marsh Creek. The proposed vesting tentative subdivision map includes 94 single-family lots, a 73,244-sf open space area, a 64,757 sf bioretention area located along the eastern boundary of the site, and a 5,471-sf emergency vehicle access lot located along the western boundary of the site. The three estate

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residential lots ranging from 21,101 to 21,200 sf are located along the southwestern edge of the site, north of Hanson Lane, to assure the required density transition between the proposed project and the existing homes. A bioretention lot (Parcel B) for storm water treatment is located along the eastern boundary of the site. Smaller residential lots ranging from 4,005 sf to 8,242 sf in size are accessed through the internal street system.

Although the project will not have an on-site park, it will provide direct connection to the cities trail system and provide an improved path along the projects creek frontage with a new 75-foot vegetated creek setback area. The General Plan establishes a standard of five acres of community or neighborhood recreational or park facility per 1,000 residents to ensure adequate recreational open space for the community. Since the proposed project does not include development of a park, the proposed project would be subject to the payment of fees in lieu of land dedication, consistent with the requirements set forth in Section 16.150.030 of the Municipal Code. (Goal CSF 2, Policy 2-9).

As part of the application review, the Engineering Department and the Contra Costa County Fire Protection District reviewed the proposed vesting tentative subdivision map to verify that safe and acceptable street widths have been included in the subdivision. Full right-of-way improvements would be constructed within the street, including utilities, curb, gutter, and a separated sidewalk with a landscape strip. The project involves the construction of the necessary infrastructure to serve the proposed neighborhood and would include plans to connect to existing City infrastructure to provide water and sewer to the site. Storm water quality for the site will be established with a bio-retention basin constructed at the eastern boundary of the site pursuant to Contra Costa County and State Water Control Resource Board regulations. A draft condition of approval would also require improvements to Hanson Lane and Lone Tree Way along the project frontage.

Access and Circulation
Site access would be provided by way of Hanson Lane and Lone Tree Way, which (at this location) are minor arterial streets leading to retail and dining. Hanson Lane and Lone Tree Way will be extended as part of the proposed project. In addition, as part of the project, three roadway connections would be constructed along Lone Tree Way, and one connection would be constructed along Hanson Lane to provide access to the proposed roadway network. A 5,471-sf EVA parcel would be located along the western boundary of the site. The EVA would provide access to the site from Bonita Way. Sidewalks would be included on both sides of the streets to allow for pedestrian circulation throughout the project site. A new sidewalk would also be constructed

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along the southern side of Hanson Lane and extend outside of the project boundary in order to connect to the existing sidewalk. Each residence would include a two-car garage with a 20-foot driveway and street parking would be provided throughout the site. Access to the site would be via three proposed access locations off Lone Tree Way, which borders the property to the north, and two proposed access locations off Hanson Lane, which borders the property to the south. The internal streets are approximately 56 feet in width, with sidewalks leading to Hanson Lane and Lone Tree Way. 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).

An analysis of the expected vehicle miles traveled (VMT) by the proposed residential development was prepared by TJKM Transportation Consultants. The proposed development is expected to generate 839 daily vehicle trips, including 62 AM peak hour trips and 84 PM peak hour trips. Based on the existing residential VMT generated by other similar homes surrounding the project location, the project is expected to generate VMT per resident that is at least 15 percent below the Brentwood citywide average. The project would thus result in a less-than-significant impact related to VMT, based on the adopted Contra Costa Transportation Authority thresholds. A detailed discussion of transportation-related impacts associated with the proposed project can be found in the IS/MND.

Master Plotting Plan
The master plotting plan depicts which home plans would be constructed on a particular lot. Consistent with the Residential Design Guidelines, the proposed combination of models and elevation styles serve to diversify the plotting as much as possible.

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DESIGN REVIEW
Architecture
The proposed residences are aesthetically cohesive and consistent with design approaches used in the existing neighborhoods and as identified in the City’s Residential Design Guidelines. Four home plans are provided for the 94 units. A summary of the proposed home plans are as follows:

Plan # Home Size
(SF)
Bed/Bath Garage
Spaces
Stories Maximum
Height*
4024 (1) 2,541 4/3 2 2 25’ 8”
4022 (2) 2,320 4/3 2 2 25” 4’
3526 (3) 2,177 4/3 2 2 26’ 1”
4026 (4) 2,771 4/3 2 2 26’ 2”
*Note: maximum main building height in the PD-71 zone is 30’

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Four distinctive elevation styles are provided for each house plan, which include Santa Barbara, Coastal, Contemporary, and Farmhouse. The four elevation styles offered are as follows:

Santa Barbara – The Santa Barbara style incorporates concrete “S” style tile roofing covering a series of traditional gable roof forms. Walls are clad with stucco and will be painted with a complimentary color. The Santa Barbara style incorporates deepset entry doors with entrances onto porches that are typically designated by a single arch feature. All windows are accented with dimensional stucco trim and decorative wooden shutters at the front elevation.

Farmhouse – The Farmhouse style incorporates concrete flat tile roofing covering a series of traditional gable roof forms. Walls are clad with stucco and board and batten will be features at the front upper gable. Plan 4022 and Plan 4026 will also feature board and batten on a portion of the upper story exterior. The Farmhouse style will incorporate a darker trim around windows and doors on all sides and decorative wood shutters on the front windows. Plan 4022 and Plan 4026 will feature a brick veneer along the front elevation, and Plan 4024 will have darker color of stucco at the lower half of the first story front elevation.

Coastal – The Coastal style incorporates concrete flat tile roofing covering a series of traditional gable roof forms. Walls are clad with stucco, lap siding, and stone

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veneer. Two of the front windows feature decorative wooden shutters, and all windows are accented with dimensional stucco trim, which is carried around onto the sides and rear of the homes. Entryways may feature one or two columns.

Contemporary – The Contemporary style incorporates concrete flat tile roofing covering a series of variable gable roof forms. Walls are clad with stucco and lap siding. The Contemporary style incorporates flat roofs and non-traditional angled gables. All windows and doors are accented with a dimensional stucco trim. Lap siding is placed in varying positions on the front elevation of the house to create visual interest.

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 due to new State laws. The following discussion highlights some of the key Residential Design Guidelines (Chapter 2, Subdivisions) that apply to the project:

Section 2.6.1 Provide variety in unit plans.
 One distinct plan with four distinctive elevations shall be provided for every 25 units.
94 units require four plans, each with four elevations. The applicant is providing four plans, each with four elevations and 12 color schemes. The streetscape is varied by the incorporation of four elevations for each of the four home plans. While the Residential Design Guidelines requires the provision of four plans with four distinct elevations per plan, the proposed project is providing a total of three varied floor plans with four varied elevations and 12 varied color schemes. The project provides a variety in unit plans and elevations consistent with the Design Review Guidelines.  Twenty-five percent of all units within a subdivision must be single story.

Although a waiver is not required to deviate from the Guidelines, the applicant has requested a waiver to allow all homes within the subdivision to be two-story. Staff

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has analyzed whether this waiver is subject to denial and has determined that is not, for the following reasons:
(4) there are no specific, adverse impacts on public health or safety for which there is no feasible method of mitigation or avoidance that would be associated with granting this requested waiver;
(5) there are no specific, adverse impacts on public health or safety on any real property listed in the California Register of Historical Resources; and (6) the requested waiver is not contrary to state or federal law.  Ten percent of all units within a subdivision must have side-loaded garage configuration.

Again, although a waiver is not required to deviate from the Guidelines, the applicant has requested a waiver to allow all units included in the proposed project to have a front-loaded garage configuration. Staff has also analyzed whether this waiver is subject to denial and has determined that is not, for the following reasons:
(1) there are no specific, adverse impacts on public health or safety for which there is no feasible method of mitigation or avoidance that would be associated with granting this requested waiver;
(2) there are no specific, adverse impacts on public health or safety on any real property listed in the California Register of Historical Resources; and (3) the requested waiver is not contrary to state or federal law.

Section 2.6.2 Maintain architectural style integrity. Architectural styles shall be clearly articulated and consistent in their proportions and details with the traditional models on which they are based.

Based on the Master Plotting Plan, two identical floor plans are not repeated side-byside facing the same street. The façade massing is broken up with varying elevation 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 less-prominent 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 various roof heights and forms; the visual emphasis of

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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. Taken together, these elements reflect attention to detail and general compliance with the City’s Residential Design Guidelines.

Section 3.2.1 Form and Massing. Side walls on corner lots require special design treatment. The stepping back of wall plans at the corner is suggested. Corner lot side walls should receive the same level of design treatment as front facades.

The design elements on the front elevations of the proposed homes do not continue to the side and rear elevations. A majority of the side and rear elevations contain windows with trim as the only design element. As such, a condition of approval has been included to require the continuation of design elements, such as lap siding and shutters, to the side and rear elevations of corner lots, where such elevations would be visible from the public right of way.

Lighting
All street lighting would be required to comply with the standards set forth in Section

17.521.005 (Other Regulations) of the Brentwood Municipal Code, which includes such requirements as cut-off lenses to direct light downward. Prior to installation of any building-mounted lighting fixtures, the applicant would be required to submit project plans including lighting fixtures to be reviewed.

Lighting details and cut sheets for the residential lighting fixtures will be reviewed in conjunction with final design-level submittals for site improvements and building permits for compliance with the City’s applicable regulations. As conditioned, all external light fixtures must be of either a cut-off or full-cut off design, per City regulations.

Landscaping
The proposed project would include an open space area along the western side of Marsh Creek. The open space area would include landscaping and sidewalks. All existing on-site trees would be removed as part of the proposed project; however, trees would be planted throughout the site along the internal roadway network. In addition, a variety of shrubs, groundcover, and grasses would be planted throughout the project site.

The preliminary landscape plan submitted with the application provides typical front yard landscaping. Shade and ornamental trees proposed on the site are 15-gallon

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size and 24-inch box as required by the Municipal Code. A standard condition of approval requires the submittal of detailed landscape and irrigation plans for review and approval prior to issuance of a building permit to ensure compliance with the City’s Water Efficient Landscape Ordinance.

Fencing and Walls
A masonry retaining wall would be constructed along the western boundary of the site due to a change in grade in a few areas near the adjacent existing residential development. The retaining wall would range in height up to four feet. A standard six-foot good neighbor rear yard fence would be constructed on top the retaining wall. In addition, due to a change in grade between the northern boundary of the project site and the existing road to access the rural residences located to the north of Lone Tree Way, a four-foot retaining wall would be constructed. The retaining wall would separate Lone Tree Way and the private road to the north of Lone Tree Way.

All masonry walls have been conditioned to be decorative split-face block. Each property will be provided a six-foot high wood good neighbor fence for privacy by the applicant.

DATE OF NOTICE
As required, the City published a public hearing notice in the Brentwood Press and mailed it to property owners within 300 feet of the site on September 8, 2023, and the project site is posted with the required signage. Prior to publication of the agenda report, staff received the attached email within Attachment 6 in opposition of the project.

ENVIRONMENTAL DETERMINATION
The City prepared a mitigated negative declaration for this project in accordance with the requirements of the California Environmental Quality Act (CEQA, codified at Public Resources Code 21000, et seq., and as further governed by the State CEQA Guidelines, found at 14 CCR 15000, et seq.). Several potentially significant impacts are identified; however, mitigation measures are incorporated to reduce those impacts to less than significant levels. All mitigation measures not addressed by the standard conditions of approval are included as conditions of approval where appropriate.

The public review period for the proposed IS/MND began on April 21, 2023, and ended on May 22, 2023. Staff did not receive any comment letters during this public review period.

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An Errata Sheet has been prepared for the IS/MND to provide consistency for the numbering of the proposed mitigation measures. The revisions do not result in modifications to the conclusions of the IS/MND and do no result in significant new information. Therefore, pursuant to CEQA, recirculation of the IS/MND is not required. The IS/MND, Mitigation Monitoring and Reporting Program (MMRP) and the IS/MND Errata Sheet may be reviewed by clicking on the link below and scrolling to “Hanson Lane:”
https://www.brentwoodca.gov/government/community-development/planning/ceqadocuments

ATTACHMENT(S)

1. Resolution No. 23-029 Hanson Lane MND and MMRP
A. Hanson Lane IS/MND (see link embedded on page 21 of the staff report) B. Hanson Lane MMRP (see link embedded on page 21 of the staff report) C. Hanson Lane Errata Sheet (see link embedded on page 21 of the staff report)

2. Resolution No. 23-030 Hanson Lane VTSM
A. Conditions of Approval

3. Resolution No. 23-031 Hanson Lane DR
A. Conditions of Approval

4. Hanson Lane Design Review and Vesting Tentative Subdivision Map Package

5. Hanson Lane Project Description

6. Public Comment

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Quality Code Data 4/22/2021, Page 1311
Chapter 17.725

AFFORDABLE HOUSING
Sections:

17.725.001 Title and purpose of provisions.

17.725.002 Definitions.

17.725.003 General requirements.

17.725.004 Alternative equivalent proposal.

17.725.005 Implementation procedures.

17.725.006 Affordable unit concessions and construction incentives.

17.725.007 Affordable housing in lieu fee fund.

17.725.008 Brentwood rental housing trust fund.

17.725.009 First time homebuyer fund.

17.725.010 Enforcement.

17.725.011 Waiver.

17.725.001 Title and purpose of provisions.

A. Title. The provisions of this chapter shall be known as the “affordable housing program” of this title.

B. Purpose. The purpose of this affordable housing program is to:

1. Enhance the public welfare and assure that further housing development contributes to the attainment of the city’s housing goals as described in the housing element of the general plan, by creating, preserving, maintaining, and protecting housing affordable for households of very low-, low- and moderateincome;

2. Assure that the remaining developable land in the city’s planning area is utilized in a manner consistent with the city’s housing policies and needs;

3. Increase the number of affordable housing units in Brentwood in recognition of the insufficient number of existing affordable housing units in relation to the community’s current and future needs, and

4. Assure that new affordable housing units that are constructed are distributed throughout the city as part of mixed-income developments in order to obtain the benefits that flow from economically diverse communities, increase access to opportunity, and affirmatively further fair housing. (Ord. 1014 § 1, 2020)

17.725.002 Definitions.

As used in this chapter, each of the following terms shall be defined as follows:
“Affordable housing agreement” means a recorded agreement between the city and a residential developer setting forth the residential developer’s compliance with the requirements of this chapter. “Affordable housing cost” means the cost defined in the California Health and Safety Code Sections 50052.5 and 50053 (as may be amended from time to time) for owner-occupied and tenant-occupied units, respectively, and adjusted for assumed household size. The housing manager, on or about July 1 of each calendar year shall publish the maximum affordable housing costs for sales prices and rents as calculated in accordance with the applicable provisions of the California Health and Safety Code. “Affordable unit” means an ownership or rental-housing unit, including senior housing, occupied by and available to households of very low, low and moderate incomes at an affordable housing cost, adjusted for Attachment 11

Quality Code Data 4/22/2021, Page 1312
assumed household size as defined in this chapter, with deed restrictions as defined in this chapter in favor of the city.
“Assumed household size” means the assumed number of persons residing within a dwelling unit. For the purposes of this chapter, assumed household sizes for affordable units for a given number of bedrooms are as follows, or as may be amended by the California Health and Safety Code.

Assumed
Household
Size 1 2 3 4 5 6 or more
Unit Size Studio 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom “Custom home development” means any residential development being subdivided by one party and sold as individual lots or parcels to separate owners for construction and development of dwelling units. “Divided in-lieu fee” means the total amount of the in-lieu fees due for the residential development at the time of first building permit issuance divided by the total number of market-rate units in the residential development. The divided in-lieu fee shall be adjusted annually in accordance with appropriate factors or indexes as adopted by the cost allocation plan. “Dwelling unit” means a dwelling designed and intended for occupancy by one household. “First time homebuyer” means a household which has not owned its principal place of residence within the last three years.
“In-lieu fee” means a fee paid to the city by an applicant in lieu of providing the required affordable units.
“Low-income household” means a household whose annual income does not exceed the qualifying limits set for “lower income households” in Section 50079.5 of the California Health and Safety Code. “Market-rate unit” is defined as a residential unit that is not an affordable unit. “Moderate-income household” means a household whose annual income does not exceed the qualifying limits set for “moderate-income households” in Section 50093 of the California Health and Safety Code and does not include a very low- or low-income household.
“Ownership development” means any residential development that includes the creation of one or more additional dwelling units that may be sold individually. An ownership development also includes the conversion of a residential rental development to a residential ownership development. “Refinance and Resale Limitation Agreement and Option to Purchase” means a recorded agreement between the city and an individual homebuyer of an ownership affordable unit documenting resale controls and/or rent restrictions.
“Rental development” means any residential development that creates one or more additional dwelling units that cannot be lawfully sold individually in conformance with the Subdivision Map Act. “Resale controls and/or rent restrictions” means legal restrictions by which affordable units shall be restricted to ensure that the unit remains affordable to very low-, low- or moderate-income households, as applicable, for a period of not less than forty-five years for ownership units and not less than fifty-five years for rental units, or longer periods if required by state housing or federal law or a financing assistance program. Resale controls for owner-occupied units shall be in the form of resale restrictions, deeds of trust, and/or other similar documents recorded against the subject property. Rent restrictions for rental units shall be in the form of a regulatory agreement recorded against the subject property. “Residential development” means and includes, without limitation, for-sale single-family dwellings, multiple-family dwellings, groups of dwellings, condominium or townhouse developments, condominium conversions, cooperative developments, mixed use developments that include housing units, manufactured Attachment 11

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housing, mobilehomes, and residential land subdivisions intended to be sold, leased or rented to the general public.
“Very low-income household” means a household whose annual income does not exceed the qualifying limits set for “very low-income households” in Sections 50093 and 50105 of the California Health and Safety Code. “Very low-income households” include “extremely low-income households” as defined in Sections 50093 and 50106 of the California Health and Safety Code. (Ord. 1014 § 1, 2020)

17.725.002

17.725.003 General requirements.

A. Applicability. This chapter shall apply to all new residential developments of five or more lots or dwelling units designed and intended for residential occupancy in the city. No residential development, other than that exempted in subsection C of this section, shall be undertaken, and no building permits shall be accepted for processing or issued, unless the development has been approved in accordance with this chapter.

B. Affordability Requirement. Developers of residential developments of five or more lots or dwelling units designed and intended for residential occupancy shall construct or make possible the construction of a minimum of six percent of the total number of dwelling units within the residential development as affordable units, allocated to income levels as set forth in this chapter, or as provided in an affordable housing agreement which specifies the means of satisfying this chapter. Commencing on January 1, 2021, the required percentage of affordable units shall be increased to ten percent of the total number of dwelling units for any residential development of five or more lots, unless the application was determined to be complete by December 31, 2020 under Government Code Section 65589.5(o). The foregoing requirement shall be applied prior to the application of a density bonus and no more than once to an approved residential development regardless of changes in its character or ownership, provided that the total number of dwelling units does not change.

1. Residential Developments of Five to Nine Dwelling Units. Developers of residential developments consisting of five to nine dwelling units may either construct one low-income affordable unit, pay a fee equal to fifty percent of the low-income in-lieu fee, as established by resolution of the city council, or provide an “alternative equivalent” as established in this chapter. However, if all or any portion of a residential development of five to nine dwelling units is later re-subdivided into ten or more parcels or dwelling units, the city’s affordable housing requirement may not be satisfied by payment of an in-lieu fee.

2. Application to Residential Development of Ten or More Dwelling Units. In applying this requirement to residential development consisting of ten or more dwelling units, any decimal fraction less than 0.50 dwelling units shall be disregarded and any decimal fraction equal to or greater than 0.50 dwelling units shall be construed as one dwelling unit.

C. Exemptions. The following are exempt from the provisions of this chapter:

1. Residential development governed by a development agreement expressly precluding compliance with this chapter or an ordinance of this nature. In cases in which the development agreement does not expressly preclude compliance with this chapter, the project shall comply with this chapter;

2. Replacement housing due to natural disaster on a one for one basis (i.e., one dwelling unit replaced for each legally existing dwelling unit);

3. Modifications to existing properties or structures that do not increase the number of dwelling units;

4. Residential care facilities with dwelling units that are nonself-sufficient units; that is, they do not include kitchen facilities (if a project includes both self-sufficient and nonself-sufficient units, only the latter are exempt);

5. Subdivisions consisting of between one and four lots or dwelling units;

6. Development of up to four new dwelling units on an existing residential lot of record; Attachment 11

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7. Development of up to three additional dwelling units on a lot zoned to accommodate up to a maximum of four dwelling units, and which already contains at least one existing dwelling unit, provided that the maximum limit of dwelling units is not increased;

8. A residential second unit or accessory dwelling unit (as defined by state law) on an existing residential lot, subject to compliance with the zoning ordinance;

9. Residential developments whose applications were determined to be complete under Government Code Section 65943 or any successor provision prior to the effective date of the ordinance codified in this chapter, provided that such residential developments shall comply with the predecessor ordinance, resolution, or policy in effect immediately prior to the effective date of the ordinance codified in this chapter;

10. Residential developments exempted by California Government Code Section 65589.5(o) or successor provision, provided that such residential development shall comply with any predecessor ordinance, resolution, or policy in effect on the date a preliminary application for the development containing all of the information required by Government Code Section 65941.1 was submitted to the city.

D. Allocation of Affordable Units to Income Levels. Dwelling units located within the Brentwood city limits for very low-, low- and moderate-income households as required by this chapter shall be allocated as follows:

Allocation through December 31, 2020 (six percent affordability requirement):

Ownership Development
Moderate-Income Households 1%
Low-Income Households 4%
Very Low-Income Households 1%
Rental Development
Low-Income Households 3%
Very Low-Income Households 3%
Allocation applicable commencing January 1, 2021 (ten percent affordability requirement):

Ownership Development
Moderate-Income Households 3%
Low-Income Households 4%
Very Low-income Households 3%
Rental Development
Low-Income Households 5%
Very Low-Income Households 5%
E. Concurrent Construction. All affordable units in a residential development or phase of a residential development shall be constructed prior to or concurrently with market-rate units, as set forth, and in the location specified, in a schedule of construction approved by the city and set forth in the affordable housing agreement. The building permits for the last ten percent of the market-rate units shall not be issued until the last affordable unit has been issued a building permit and construction of the last affordable unit has begun.

F. Design and Distribution of Affordable Units. All affordable units within a residential development shall be comparable to the market-rate units in exterior design, quality, materials, architectural elements and Attachment 11

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overall construction quality, as well as number and proportion of bedroom types. If approved by the planning commission in the design review approval process as specified in Section 17.725.006(D),the developer may request an exception to the foregoing in order to reduce the cost of the affordable units by permitting reduced front, side and backyard landscaping and smaller square footage for bedrooms. Otherwise, affordable units shall be comparable to the approved landscape plans, exterior elevations, and bedroom square footage found in the approved plans for the remainder of the residential development. In addition, all affordable units shall include the same or similar interior amenities offered for market-rate units within a residential development. Affordable units shall be dispersed throughout the residential development so as to prevent the concentration of affordable units, unless the planning commission has approved an exception to this standard to accommodate senior housing or to reduce affordable unit costs as described above, or approval of an offsite location has been granted.

1. Very Low- to Medium-Density Zoning. For residential developments with very low- to mediumdensity zoning designations as defined by the general plan, the affordable unit may be smaller in size than other models in the residential development. The minimum permissible affordable unit size is one thousand six hundred square feet on a three thousand square foot parcel. As a means to provide massing and lot proportions consistent with the residential development, a duet unit will satisfy the city’s affordable housing requirement. For example, a duet unit can be located on a corner with each duet unit being one thousand six hundred square feet on two separate three thousand square foot parcels.

2. High- to Very High-Density Zoning. For residential developments with high- to very high-density zoning designations as defined by the general plan, the affordable units shall be comparable to market-rate units in square footage.

G. Length of Affordability. All affordable ownership units shall remain affordable for a period of at least forty-five years from date of original occupancy and each subsequent ownership, and any affordable rental units provided as an agreed-upon alternative equivalent proposal pursuant to Section 17.725.004 shall remain affordable for a period of at least fifty-five years from the date of the initial rental or leasing period, or longer periods as may be required by state housing law.

H. Concurrently with applicant’s submission of a universal application to the city with respect to any proposed residential development subject to this chapter, applicant shall also submit a narrative describing how the proposed residential development will comply with the requirements of this chapter. (Ord. 1014 § 1, 2020)

17.725.003

17.725.004 Alternative equivalent proposal.

As an alternative to constructing affordable units on site, a residential developer may propose one of the alternative equivalents set forth below to meet the requirements of Section 17.725.003. Such proposed alternative shall be processed in accordance with Section 17.725.005 of this chapter. An alternative equivalent proposal may include, but is not limited to, payment of an in-lieu fee for ownership development, dedication of vacant developable land, dedication of constructed units to the city’s rental housing program, construction of affordable units on another site, or conversion of existing market-rate units (either for-sale or for-rent) within the city to affordable units through acquisition and enforcement of required affordability restrictions consistent with this chapter. All alternative equivalent proposals must be submitted in writing, demonstrate that the alternative equivalent will provide as much or more affordable housing in the city as would be achieved through the construction of required on-site affordable units required under Sections

17.725.003(D), be consistent with the city’s housing element, and not increase residential segregation. Additionally, for ownership developments, an alternative equivalent proposal must result in an approximately equal geographic distribution of affordable units throughout the city.

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A. Approval of Payment of In-Lieu Fees. In-lieu fees may be paid for: (1) residential developments consisting of between five and nine dwelling units; or (2) the very low-income requirement for a residential development consisting of ten or more dwelling units. The amount of the in-lieu fee shall be adopted by resolution of the city council, and may be amended from time to time.

1. In-lieu fees for custom home developments shall be paid at time of building permit issuance for each custom home. For each permit pulled, the developer shall pay either the divided in-lieu fee or in a lump sum with the total fee, as elected by the developer.

2. In-lieu fees for all other residential developments shall be paid at building permit issuance for each market-rate unit constructed within the development. For each permit pulled, the developer shall pay either the divided in-lieu fee or in a lump sum as with the total fee, as elected by the developer.

3. Except as may otherwise be required by law, the amount of the fee shall be as set forth in the inlieu fee resolution in effect at the time of payment. In-lieu fees paid to the city shall be deposited into the affordable housing in-lieu fee fund in accordance with Section 17.725.007.

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4. The in-lieu fee paid by the developer of an ownership development shall be calculated using a market rate median sales price based in-lieu fee. This fee is based on the twelve-month median sales price for a three-bedroom, one thousand five hundred to one thousand seven hundred square foot, market-rate home in Brentwood, minus the current affordable housing cost as defined in the California Health and Safety Code for owner-occupied units for the applicable household income level.

The amount of the in-lieu fee for each affordable unit shall be the difference between the market rate median sales price, calculated as above, and the affordable housing cost for a for-sale three-bedroom unit.

5. Developers of rental developments must construct affordable units on site or satisfy the affordable requirements through an alternative equivalent proposal other than payment of in-lieu fees unless, prior to the last discretionary approval for the development, the applicant requests a waiver under Section

17.725.011, and the city council approves the in-lieu fee based on specific findings demonstrating that the city’s goals of increasing affordable housing production are equally met through use of applicant’s proposed alterative.

B. Dedication of Vacant Developable Land. An applicant may dedicate vacant developable land to the city or city-approved nonprofit housing developer in-lieu of constructing a portion of the required affordable units, if the city council finds all of the following:

1. The dedication of vacant land in lieu of constructing affordable units is consistent with this chapter’s goal of creating, preserving, maintaining, and protecting housing for very low-, low- and moderateincome households;

2. The dedicated vacant land is large enough and appropriately zoned to accommodate the number of affordable units that the applicant would otherwise be required to construct by Sections 17.725.003(D);

3. The dedicated vacant land is improved with infrastructure and utilities required to serve the property, including, but not limited to, power, telephone, cable, gas, water, sewer and fiber optics, grading, and all applicable fees, taxes, and assessments, including, but not limited to, school and flood control fees, and excluding any affordable housing in-lieu fees, have been or will be paid by the applicant;

4. The dedicated vacant land is located inside the city, or the vacant land will be annexed to the city prior to issuance of any building permits to the applicant for his/her related market-rate dwelling unit(s);

5. That the off-site location would not increase segregation; and

6. That the development of affordable units on the dedicated land will be financially feasible.

C. Off-Site Construction of For-Sale or For-Rent Affordable Units or Conversion of Market-Rate ForSale or For-Rent Units to Affordable Units. An applicant may construct the required affordable units off site from the proposed market-rate development site by causing the construction of new ownership or rental affordable units or convert existing market-rate ownership or rental affordable units with the approval of the city council and subject to the city council’s approval of each of the following findings and imposition of the following conditions of approval on each tentative map or other entitlement:

1. Required Findings for Construction and Conversion.
a. The construction of the affordable units off site or conversion of the existing market-rate units, excluding mobile-home units and units within cooperative developments, in lieu of constructing affordable units on site is consistent with this chapter.
b. The developer has submitted documentation to the satisfaction of the city manager or designee that demonstrates that the construction of the affordable units on site would be impractical or that off-site construction or conversion of market-rate units to affordable units will significantly benefit the city. c. The residential development will be subject to the conditions of approval set forth in subsection(C)(3) of this section. The conditions of approval for the market-rate development shall require that any Attachment 11

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off-site affordable units be governed by resale controls and/or rent restrictions similar to those required for on-site affordable units.
d. The quality and quantity of affordable units constructed off site and market-rate units converted to affordable units shall be equivalent to affordable units that would have been constructed on site to satisfy the city’s affordable housing requirement.

2. Additional Finding Required for Construction of Ownership or Rental Affordable Units. a. The conditions of approval and subdivision guarantee for a residential project, or other security such as a cash deposit, are adequate to provide for the construction of the off-site affordable units prior to or concurrently with the completion of the on-site construction of the market-rate units.

3. Required Conditions.
a. Affordable units constructed off site shall be constructed at the time specified in the affordable housing agreement.
b. Affordable units converted from market-rate units shall be both converted and inspected at the time specified in the affordable housing agreement. Market-rate units converted to affordable units shall require inspection by the community development department to ensure that the affordable units are in good condition and repair, and conform to all applicable city building and zoning codes. c. Existing very low-, low-, or moderate-income-households that occupy market-rate units being converted to affordable units shall not be displaced from those units. If temporary or permanent displacement occurs while the converted units are being repaired or rehabilitated, the developer shall be responsible to pay relocation and moving benefits to the displaced households in accordance with the California Code of Regulations, Title 25, Chapter 6, (California Relocation Assistance Guidelines). The calculation of relocation and moving benefits to be provided by developers to temporarily or permanently displaced households shall be submitted to and approved by the city for verification of compliance with the California relocation assistance guidelines.

D. Dedication of Affordable Units to the City of Brentwood. An applicant may dedicate constructed or converted on-site or off-site affordable units to the city’s rental housing program to satisfy the requirements of this chapter. Mobile homes and units within cooperative developments are excluded from dedication.

Each unit dedicated to the city shall equate to the construction of two affordable units that would otherwise be required pursuant to Section 17.725.003(D). Any units dedicated to the city’s rental housing program shall be from the rental stream from these affordable rental units shall be deposited into a Brentwood rental housing trust fund administered by the city’s finance director in accordance with Section 17.725.008.

All units dedicated to the city pursuant to this chapter shall meet the following requirements prior to acceptance by the city:

1. All applicable fees (including development impact fees), capital improvement financing program assessments, and bond interest payments shall have been prepaid by the developer.

2. The units shall be less than twenty years old and in good condition and repair, as verified by an inspection conducted by the community development department. A second such inspection may need to be performed to confirm that any repair punchlist generated by the initial inspection is completed prior to the city’s acceptance of the unit into the rental housing program.

3. The developer shall have installed any front yard, side yard, any backyard landscaping and the unit’s interior shall meet the city’s minimum interior finish and appliance requirements.

4. The sprinkler system, window coverings, and all appliances shall have been installed in the unit in accordance with the list of required items maintained by the city manager or designee.

5. Each unit must be on a subdivided parcel in accordance with Government Code Section 66426, 66427, or 66428.

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6. The developer shall pay all recording, escrow and title fees involved in the transfer of title to the city, including the costs of a title policy insuring city’s title in a form and with exceptions approved by the city.

E. Other Means of Fulfilling Affordable Housing Requirements. Subject to city manager or designee approval, any developer may fulfill its affordable housing requirement through additional alternative equivalent methods not specifically mentioned in this chapter, including through the provision of rental affordable units by developers of ownership development projects (in accordance with Government Code Section 65589.8), provided that the city council determines such alternative results in the same number of affordable units that would have been provided with on-site construction of affordable units and that the affordable units otherwise meet all requirements of subsections F through G of Section 17.725.003. (Ord. 1014 § 1, 2020)

17.725.004

17.725.005 Implementation procedures.

A. Satisfaction of Affordable Housing Requirement. Each proposal for satisfying the city’s affordable housing requirement, together with a proposed affordable housing agreement per subsection B of this section, shall be reviewed by the city manager or designee, considered for recommendation by the city council committee having jurisdiction, and forwarded to the city council for approval on its consent calendar agenda.

The requirements of this chapter shall be satisfied by all ownership and rental developments subject to this chapter, the applicant receives a waiver under Section 17.725.011.

B. Agreements. Prior to the approval of a final map for any residential development, or issuance of a building permit for a unit within a residential development, to which this chapter applies, whichever comes first, the city and the residential developer shall enter into an affordable housing agreement in a form approved by the city attorney. For those residential developments for which affordable units will be constructed or converted on or off site, the affordable housing agreement shall include appropriate resale controls and/or rent restrictions. For ownership affordable units, the city and the individual homebuyer shall be required to enter into a recorded refinance and resale limitation agreement in a form approved by the city attorney. The city manager or designee is authorized to execute affordable housing agreements, resale controls and/or rent restrictions and any other documents necessary to effectuate the implementation of this chapter, provided such agreements and documents are consistent with the requirements of this chapter.

C. Annual Monitoring and Transfer Fees. Agreements involving rental units provided off site or by conversion of market-rate units as specified in Section 17.725.004(C) shall require the owner of the affordable rental units to submit an annual monitoring report to the housing division, in a format approved by the city manager. For each affordable rental unit provided hereunder, the current owner may be required to pay an annual monitoring fee for the term of required affordability in the amount set forth in the affordable housing agreement. For each owner-occupied affordable unit provided under this chapter, the current owner may be required to pay a transfer fee for any change of ownership as adopted from time to time by the city council during the term of required affordability in the amount set forth in the refinance and resale limitation agreement.

D. Resale Prices for Affordable Ownership Units. The maximum resale price for an affordable ownership unit and terms of resale to an eligible household shall be set by the community development director pursuant to the affordable housing cost as defined in Section 17.725.002(A) and as set forth in a refinance and resale limitation agreement.

E. City’s Right of Option to Purchase Affordable Ownership Units. The resale restrictions as set forth in the refinance and resale limitation agreement shall provide that in the event the owner cannot in good faith and despite his/her best reasonable efforts, locate an eligible household to purchase an affordable ownAttachment 11

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ership unit at an affordable housing cost, the owner shall give written notice of such circumstances, and an option to purchase, to the city. The city shall also have an option to purchase the affordable unit at the maximum resale price, as limited by any applicable affordability restrictions, if the owner defaults on the terms of the refinance and resale limitation agreement.

F. Selection Criteria for Rental or Ownership Units. No household at the time of move-in shall be permitted to rent, purchase or occupy an affordable unit that is required under this chapter unless its qualifications are consistent with this chapter and the housing manager has approved the household’s eligibility.

Eligible potential occupants of ownership affordable units must be first-time homebuyers and will be qualified on the basis of household income as defined in this chapter, including all sources of income and assets, the relationship between household size and the size of the available units, and any further criteria required by law and/or established by the city council. The affordable housing developer shall use an equitable selection method established in conformance with the terms of this chapter and in compliance with state and federal law. Selection of qualified households shall be based on the affordable housing priorities established below:

Priority 1. Eligible applicants for an affordable unit that live or work within Brentwood city limits. Preference will not be allowed if not permitted by state or federal law or other fair housing restrictions.

Priority 2. Other qualified applicants that do not live or work within Brentwood’s city limits.

The community development director shall establish and maintain eligibility selection contact lists for qualified households based on the two housing priority groups mentioned in subsection F of this section.

Proof of qualification for a priority group shall be provided by a household before placement on one of the selection contact lists. The lists shall be updated as needed.

By virtue of their position or relationship, city senior management employees and officials and their children, or members of the city’s agencies, authorities, or commissions who have, by the authority of their position, policy making authority or influence affecting city housing programs, are ineligible to occupy an affordable unit. (Ord. 1014 § 1, 2020)

17.725.005

17.725.006 Affordable unit concessions and construction incentives.

For any residential development meeting the requirements specified in Section 17.725.003 of this chapter, the city may offer incentives or financial assistance to encourage compliance with this chapter to the extent resources for this purpose are available and approved for such use by the city. In order to provide flexibility in the application of these concessions and incentives, and to ensure that they fit the variety of circumstances and different development projects regularly processed by the city, such incentives may include, but shall not be limited to, any of the following items, applied alone or in any combination upon the city council’s finding that a developer has proven that the incentive is necessary to the financial feasibility of the residential development.

A. Development Processing Fee Deferral. The city manager or designee may approve deferring payment of city processing and plan check fees applicable to the review and processing of the project. The terms and payment schedule of the deferred processing fees shall be subject to the approval of the city manager or designee. In no case shall deferred development processing fees be paid later than occupancy of any of the units in the residential development. In no case shall fees be waived.

B. Development Impact Fee Deferral. The city manager or designee may authorize the deferred payment of development impact fees applicable to the affordable units. Approval of this incentive requires demonstration by the applicant that the deferral increases the project’s feasibility. The applicant must provide appropriate security to ensure future payment of applicable development impact fees. In no case shall Attachment 11

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deferred development impact fees be paid later than occupancy of any of the units in the residential development. In no case shall fees be waived.

C. Density Bonus. Concurrently with consideration of an application for a residential growth management program allocation, the city may award a density bonus for developments that comply with the very low-, low- or moderate-income affordability provisions of this chapter by constructing units on site, paying the appropriate in lieu fee, providing an acceptable alternative equivalent proposal, or a combination of the above, in accordance with this chapter. In the event that a development is also eligible for a density bonus pursuant to Government Code Section 65915, the density bonus authorized pursuant to this chapter shall be included in any density bonus obtained pursuant to state law and shall not increase the amount of the density bonus above that afforded by state law. An application for a density bonus must be received concurrently with an application for residential growth management program allotments. The density bonus provided shall initially be set at nine percent above the midpoint of the density range established in the general plan and zoning code. Fractional density bonus units shall be rounded in the manner set forth in Section

17.725.003(B)(2) of this chapter. The density bonus amount shall be periodically reviewed by the city engineer, the community development director, and the housing manager, who will recommend that adjustments, as appropriate, be adopted by resolution of the city council. Density bonus units authorized under this chapter shall be excluded from the affordability requirements specified in Section 17.725.003 of this chapter.

D. Flexible Design Standards. The approving body may modify city standards, including design guidelines, for affordable units that reduce the costs of and are necessary to result in identifiable and actual cost reductions to provide for affordable housing, including, but not limited to, the following:

1. Reduced lot sizes;

2. Reduced setback requirements;

3. Reduced open space requirements;

4. Construction of duets, duplexes, triplexes or fourplexes on corner lots within single-family areas;

5. Reduced landscaping requirements;

6. Reduced parking requirements;

7. Height restriction waivers.

The applicant shall be responsible for documenting to the satisfaction of city manager or designee, that the modification is necessary for the financial or other feasibility of the residential development. Except for any standards modified by the planning commission, the residential development must otherwise be consistent with all required general plan, zoning code, Uniform Building Code, and other applicable city regulations and policies.

E. Fast Track Processing. The city manager or designee may authorize prioritized application review and project processing including environmental review, report preparation, entitlement meetings, plan checks and project inspections.

F. Direct Financial Assistance. The city council may authorize provision of direct financial assistance in the form of a loan or grant from collected affordable housing trust funds as described in Section

17.725.007 of this code for developments which include dwellings units affordable to very low-, low-, or moderate-income households that exceed minimum affordable unit counts required under Section

17.725.003 of this code.

G. Additional Concessions and Incentives. The city council may consider, on a case-by-case basis, at its sole discretion, the provision of additional concessions or incentives consistent with state law and the housing element of the city of Brentwood general plan for residential development projects that exceed the requirements of this chapter. (Ord. 1014 § 1, 2020)

17.725.006
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17.725.007 Affordable housing in lieu fee fund.

A. Creation. in-lieu fees shall be deposited into the affordable housing in-lieu fee fund, which is part of the housing enterprise.

B. Use. The finance director shall administer all monies in this fund including any interest earnings.

Funds shall be disbursed at the discretion of the city council for the purpose of assisting in the construction of very low-, low- or moderate-income dwelling units, or helping with other affordable housing opportunities. Use of this fund may include the provision of loans to help fund rental housing projects. The finance director is authorized to utilize the city council approved budget to annually fund the city housing operating costs. In addition, the finance director is authorized to make budget adjustments as required to forgive the interfund receivable that has accumulated prior to the adoption of the ordinance codified in this chapter. (Ord. 1014 § 1, 2020)

17.725.007

17.725.008 Brentwood rental housing trust fund.

A. Creation. Net rental income from all rental units dedicated to the city’s previous rental housing program shall be deposited into a Brentwood rental housing trust fund, which is part of the housing enterprise.

B. Use. The finance director shall administer all monies in this fund including any interest earnings.

All funds other than those specified in subsection C of this section shall be utilized to purchase, construct or repair single-family or multifamily rental unit inside the city limits. One-half of the rental income may be utilized from time to time at the city council’s discretion to further the provision of affordable housing in the city of Brentwood so long as sufficient funds remain to pay for the maintenance and operation of existing affordable housing in the city’s rental housing program.

C. Withholding. The finance director is authorized to utilize the city council approved budget to annually fund the city housing operating costs from the rental stream of these affordable rental units to fund city housing personnel and administrative costs directly related to management and administration of the Brentwood rental housing trust fund and program. The finance director is further authorized to withhold up to an additional fifteen percent of net proceeds from the rental stream to reimburse city development fees and agricultural mitigation fees for these units until the city development fee accounts are whole. (Ord. 1014 § 1, 2020)

17.725.009 First time homebuyer fund.

A. Creation. Contributions to the city’s first time homebuyer program in accordance with Section

17.725.004(D) shall be deposited into the first time homebuyer fund, which is part of the housing enterprise.

B. Use. The finance director shall administer all monies in this fund, including any interest earnings.

All monies in the fund, other than those specified in Section 17.725.009(C) shall be loaned to first time homebuyers that qualify as a moderate-income, low-income or very low-income household, in accordance with terms and provisions of the approved first time homebuyer program approved by the city council.

C. Withholding. The finance director is authorized to utilize the city council approved budget to annually fund the city housing personnel and administrative costs directly related to the management and administration of the first time homebuyer fund and program. (Ord. 1014 § 1, 2020)

17.725.010 Enforcement.

A. General. The city shall enforce this chapter, and its provisions shall be binding on all agents, successors, and assigns of an applicant. The city may suspend or revoke any building permit or approval upon finding a violation of any provision of this chapter. No land use approval, building permit, or occupancy apAttachment 11

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proval shall be granted for any residential development unless it is in compliance herewith, including, but not limited to, actions to revoke, deny, or suspend any permit or development approval.

B. Excessive Sales Price and Rents/Legal Action. It is unlawful, a public nuisance and a misdemeanor for any person to sell or rent an affordable unit at a price or rent exceeding the maximum allowed under this chapter or to a household not qualified under this chapter, and such person shall be subject to a five hundred dollar fine per month from the date of original noncompliance until the affordable unit is in compliance with this chapter. If the city determines that the sales price or rents in excess of those allowed by operation of this chapter have been charged to a household residing in an affordable unit, the city may take appropriate legal action.

C. Violation Abatement. The city of Brentwood city attorney or the Contra Costa County district attorney, as appropriate, shall be authorized to abate violations of this chapter and to enforce the provisions of this chapter and all implementing regulatory agreements and affordability controls placed on affordable units by civil action, injunctive relief, and any other proceeding or method permitted by law. Remedies provided for in this chapter shall not preclude the city from any other remedy or relief to which it otherwise would be entitled under law or equity. (Ord. 1014 § 1, 2020)

17.725.010

17.725.011 Waiver.

A. A developer of any project subject to the requirements of this chapter may request that the requirements of this section be waived or modified by the city council, based upon a showing that applying the requirements of this section would result in an unconstitutional taking of property or would result in any other unconstitutional result.

B. Any such request for a waiver shall be made in writing to the city council, submitted to the city concurrently with applicant’s submission of a universal application for any proposed residential development subject to this chapter.

C. The request for waiver shall set forth in detail the factual and legal basis for the claim of waiver or modification. The city council shall consider the request at the public hearing on the permit application. The applicant shall bear the burden of presenting substantial evidence to support the waiver request, including comparable technical information to support applicant’s position.

D. A waiver of an affordable housing requirement may only be approved by the city council to the extent necessary to avoid an unconstitutional result, based upon legal advice provided by or at the behest of the city attorney, after adoption of written findings, based on legal analysis and substantial evidence. The decision of the city council shall be final. If a modification or waiver is granted, any change in use within the project shall invalidate the waiver or modification of the affordable housing requirement, and a new application shall be required for any waiver or modification under this section. (Ord. 1014 § 1, 2020) Attachment 11

CITY COUNCIL AGENDA ITEM NO. G.2
10/24/2023
SUBJECT: Establish the Intern classification, job description, and salary range
DEPARTMENT: Human Resources
STAFF: Sukari Beshears, Director of Human Resources/Risk Manager Ashley Sosa, Management Analyst

TITLE/RECOMMENDATION
Adopt a Resolution establishing the Intern classification, job description, and salary range; and authorize the City Manager with administrative authority to implement the Intern Classification.

FISCAL IMPACT
Funding of $26,418 was included in the adopted 2022/23 – 2023/24 General Fund Operating Budget which would fund up to four (4) interns and related program costs.

BACKGROUND
Maintaining quality of life in Brentwood is a high priority for the City Council and requires planning and allocation of resources. A Strategic Plan enhances the City’s planning efforts and the identification of high priorities for the City Council.

The City Council participated in strategic plan workshops October 9-10, 2019 to discuss the draft City of Brentwood Strategic Plan FY 2020/21 – FY 2021/22. The City Council discussed, reviewed, and provided staff with additional direction on various strategic initiatives during the strategic plan workshops.

On February 25, 2020, City Council adopted Resolution 2020-29 to a) approve and adopt the City of Brentwood Strategic Plan FY 2020/21 – FY 2021/22, and b) direct staff to incorporate the costs associated with the Strategic Plan into the FY 2020/21 and FY 2021/22 Operating Budget, the Capital Improvement Program (CIP) Budget, and the ten-year General Fund Fiscal Model. One of the strategic initiatives included development of an Internship Program under Focus Area 6: Fiscal Sustainability and Operational Management. There are four (4) Internships approved in the City’s Operating Budget.

CITY COUNCIL AGENDA ITEM NO. G.2
10/24/2023
On March 17, 2020, the City ceased non-essential operations and services at physical work locations and facilities due to the Coronavirus (COVID-19) pandemic. Based on the impacts of COVID-19, staff postponed the implementation of the program until employees were back to work in the physical work locations to ensure the interns receive a meaningful internship experience. Program development began in 2023, when the City implemented a regular, Remote Work Policy and a consistence staff presence at the physical work locations was in place.

The four (4) approved internships allowed staff to focus on developing a sustainable and manageable program. Introducing a new program with a small group allows proper assessment and evaluation of the Program to determine the needs going forward, and make adjustments as necessary prior to seeking an increase in resources to expand the Program.

A successful program begins with collaboration inside and outside the organization.

Phase one of the Program will be with Liberty Union High School District (LUHSD) students. Thorough collaborative efforts with representatives of LUHSD and the City, they were able to develop an initial plan and guidelines for the Program. The Interns will participate in structured training and mentorship to gain exposure to local government and explore public sector career options presented through direct experience.

Human Resources Department staff reviewed the body of work and developed the proposed Intern classification, job description, and salary range (Exhibit A). This information was reviewed by Koff & Associates, a division of Gallagher Benefit Service, Inc, a consulting firm conducting the current citywide Classification and Compensation study. Based on the duties and responsibilities proposed in the new classification, it is similar to limited service unrepresented classifications. Therefore, staff recommends that the Interns be unrepresented and at-will. Staff also recommends the Interns be limited service where they are employed by the City for no more than six (6) months and no more than 1,000 in a fiscal year. The salary range proposed was set based on internal alignment with other City limited service classifications.

Staff recommends approval of the Intern classification, job description, and salary range. This staff report and related attachments have been reviewed by the City Attorney and outside legal counsel that specializes in employment law.

CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 6: Fiscal Sustainability and Operational Management

CITY COUNCIL AGENDA ITEM NO. G.2
10/24/2023

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

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Exhibit A – Intern Job Description

4. Exhibit B - Internship Guidelines

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 February 25, 2020, City Council adopted Resolution 2020-29 to a) adopt the City of Brentwood Strategic Plan FY 2020/21 – FY 2021/22, and b) direct staff to incorporate strategic plan costs into the Operating and Capital Improvement Program (CIP) Budgets, as well as in the City’s ten-year General Fund Fiscal Model.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ESTABLISHING THE INTERN CLASSIFICATION, JOB DESCRIPTION, AND SALARY RANGE; AND

AUTHORIZING THE CITY MANAGER ADMINISTRATIVE AUTHORITY TO IMPLEMENT THE

INTERN CLASSIFICATION
WHEREAS, a Strategic Plan further enhances the City’s planning efforts and the identification of high priorities for the City Council; and WHEREAS, in October 2019, the City Council participated in a strategic plan workshop to discuss the draft City of Brentwood Strategic Plan FY 2020/21 – FY 2021/22. Throughout the workshop, the City Council discussed, reviewed, and provided staff with additional direction on various initiatives. The City Council also received financial information related to the City’s financial capacity and identified resources to fund the two-year strategic plan; and WHEREAS, on February 25, 2020, City Council adopted Resolution 2020-29 to a) adopt the City of Brentwood Strategic Plan FY 2020/21 – FY 2021/22, and b) direct staff to incorporate strategic plan costs into the Operating and Capital Improvement Program (CIP) Budgets, as well as in the City’s ten-year General Fund Fiscal Model. One of the strategic initiatives included development of an Internship Program under Focus Area 6: Fiscal Sustainability and Operational Management. There are four (4) Internships approved in the City’s Operating Budget; and WHEREAS, on March 17, 2020, the City ceased non-essential operations and services at physical work locations and facilities due to the Coronavirus (COVID-19) pandemic. Based on the impacts of COVID-19, staff postponed the implementation of the program until employees were back to work in the physical work locations to ensure the interns receive a meaningful internship experience; and
WHEREAS, staff reviewed the duties and responsibilities and determined the body of work falls under the requested classification; and
WHEREAS, staff is requesting approval of the Intern classification, job description, and salary range.

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

1. Establish the Intern classification, job description, and salary range, as reflected in Exhibit A.

2. Authorize the City Manager to implement the Intern classification, job description, and salary range.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 24
th day of October 2023, by the following vote:

City of Brentwood
Internship Guidelines
Purpose
The City of Brentwood Internship Program is a focused learning experience that is structured for the benefit of the Intern. Interns will have the opportunity to gain valuable on the job training and experience related to their field while pursuing their education. This program is designed to enhance our ability to accomplish the City’s strategic goals, recruit and retain top talent, and build strong relations within the community. Interns will gain knowledge of public sector careers through this program and expand their network of professional connections, which will provide feedback, guidance, and mentoring opportunities.

Eligibility
The City of Brentwood Internship Program is a public service leadership and development program that provides emerging leaders with an opportunity to gain valuable skills while supporting the work of the City. Internships can be seasonal or year round and may work full-time or part-time schedules but may not exceed 1,000 hours in a fiscal year. Interns are at-will, unrepresented employees.

Candidates for internships are individuals currently enrolled in high school, pursing undergraduate or graduate degree programs in various fields, or they have recently graduated. Candidates will be considered based on the applicability of their education and experience to the internships that are available.

Requesting an Intern
The Human Resources (HR) Department will coordinate with the applicable department on what their Intern will accomplish during the internship. Prior to initiating the application process, departments must decide on the following items:

1. Determine the duties/project(s)/assignment(s) that the intern will be responsible to complete.

Clerical/non-professional tasks should be limited to 20% or less of the intern’s total responsibilities.

2. Determine the duration for the internship, hours of work, required experience or certifications.

Rate of pay will follow the lower, mid, and upper guidelines based on required experience.

Pay
Categories
Required Experience Proposed Pay Range
Lower High school Interns or no experience
required
$15.50 - $20.00
Mid College Interns or positions requiring 1 –
3 years of experience
$20.00 - $22.00
Upper Post Bachelor Interns or positions
requiring multiple years of experience or
advanced certifications
$20.00 - $25.00

3. Establish the work-related selection criteria to use when selecting an intern.

4. Determine how the intern will be trained/oriented by the department during the first few days.

City of Brentwood
Internship Guidelines

5. Decide who will supervise the intern and what the supervision will entail. Important considerations before determining a supervisor: Is the supervisor committed to and capable of developing people? Do they have the professional content expertise to effectively coach and/or mentor? Do they have the time to work effectively with an intern? Selection Process
Departments that would like to hire an Intern will need to contact Human Resources to start the recruitment and selection process. HR will provide a request form to the hiring department and meet with the manager to go over the program, expectations, and requirements.

In coordination with Liberty Union High School District, other local schools, or other programs, HR will provide a list of qualified candidates to the Department. The hiring department will be able to interview candidates from the list of candidates and inform HR who they would like to offer the internship. HR will perform any required pre-employment exams, and once the candidate clears background, will coordinate a start date.

Orientation
On their first day, Interns will complete orientation with the HR Department that will highlight key aspects of the position as well as all city policies they will be expected to follow while employed with the City.

Each intern will receive an in-depth review of department functions and activities conducted by the department manager and team leads during the first week of employment.

Ongoing activities, meetings, and events should be planned, with the coordination of the hiring department and HR, to familiarize Interns with public agencies and exposure to networking opportunities during their internship. Such events may include lunch or socials; department, city-wide, or council meetings; or specialized fairs or mixers.

Evaluation
Interns matter. Prioritize them and provide regular feedback and exposure to local government operations. Managers should engage Interns in meetings, inquire about what they would like to learn, hold them accountable for their work, and if interns are not asking for certain experiences, ask for them.

An internship should be similar to a mentoring relationship.

Supervisors are responsible for keeping Interns engaged by assigning a sufficient amount of tasks in a variety of assignments. Supervisors should include Interns in meetings, whenever possible, and provide information regarding possible career paths. Job objectives and assignments should be clear. Formal and informal feedback should be continuous and specific. Supervisors should identify developmental opportunities to strengthen and enhance the Intern’s skills and performance to leverage their strengths and develop in areas that need improvement. They will receive a performance evaluation through the NeoGov Perform system.

At the end of the internship, Interns will present to either the City Council or Executive team of what they learned and accomplished. HR will also conduct an exit interview with the Intern. The exit interview will review the performance of the supervisor, the performance of any mentors/coaches, the overall value of the internship program, and adjustments that can be made to increase the value of the intern experience.

Established Date: October 2023
FLSA: Non Exempt
Bargaining Group: Unrepresented
INTERN ($15.50 – $25.00/hr)

DEFINITION
Under direct supervision, provides staff assistance for a variety of general administrative or specialized technical projects in support of the objectives of the department to which assigned; participates in a structured on-the-job training program to gain experience in a public sector environment; and performs related duties as assigned.

SUPERVISION RECEIVED AND EXERCISED
Receives direction from assigned supervisory or management personnel. Exercises no supervision.

CLASS CHARACTERISTICS
This classification exists as part of the Brentwood Internship Program to provide development opportunities and on the job training to current or recent students. Duties performed will vary in scope of activity depending on the assigned department but will be used as a learning and growth opportunity to help applicants enter, gain experience, and succeed in the workforce.

Interns are at-will, limited service with employment up to six (6) months and no more than 1,000 hours in a fiscal year.

EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.

1. Participates in a structured on-the-job training program to gain experience in a public sector environment.

2. Performs a variety of fundamental duties in various divisions of the employing department.

3. Provides assistance in research projects, special reports, data collection, and programmatic problem solving.

4. Gathers, compiles, tabulates, and reports statistical data.

5. Acquires working knowledge of department practices, procedures, equipment, and organizational systems.

6. Responds to community inquires and complaints.

7. Coordinates special projects including community outreach projects or events.

8. Creates and updates resource materials to increase local community awareness, education, and support for City programs.

9. Performs related duties as required.

QUALIFICATIONS
Knowledge of:
 Basic case management methods.
 Basic principles and practices of research, data collection, and report preparation.  Basic principles and methods of math and statistics.

Intern

 The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.
 Modern equipment and communication tools used for business functions and program, project, and task coordination.
 Computers and software programs (e.g., Microsoft software packages) to conduct, compile, and/or generate documentation.

Ability to:
 Gather and compile information from a variety of sources.  Make accurate arithmetic and statistical computations.  Prepare clear and concise reports, correspondence, documentation, and other written materials.
 Understand and carry out oral and written instructions.  Organize work and follow-up on assignments.
 Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
 Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
 Use computer systems, software applications, and modern business equipment to perform a variety of work tasks.

Education and Experience:

Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:
 Enrollment in high school, two- or four-year degree program, Master's degree program OR very recent graduation from degree program (graduation must have occurred no greater than three months prior to placing an application for an internship).

Licenses and Certifications:
 Some internships may require prior education or certifications in the field of study.

PHYSICAL DEMANDS & ENVIRONMENTAL CONDITIONS
Working conditions vary by internship assignment.

CITY COUNCIL AGENDA ITEM NO. G.1
10/24/2023
SUBJECT: Planning Commission Request to Amend Rules and Procedures Regarding Public Comments of Items on the Agenda
DEPARTMENT: City Manager
STAFF: Darin Gale, Assistant City Manager

TITLE/RECOMMENDATION
Staff does not recommend the City spend staff time and resources to amend the City’s Meeting Rules and Procedures (Council Administrative Policy No. 110-1) as requested by the Planning Commission.

FISCAL IMPACT
There is no fiscal impact associated with this recommendation.

BACKGROUND
At the June 6, 2023 Planning Commission meeting, Commissioner Flohr requested and the Planning Commission approved a future agenda item request for City Council consideration on a 4-1 vote. The request, which was made before the City Council revised procedures for general public comments, concerns a change to the Meeting Rules and Procedures that govern the City Council and all City commissions.

As most recently revised by minute action of the City Council, the Meeting Rules and Procedures specify that the general public comment period, for City Council and all Commission meetings, is limited to comments on items not on the public hearings or business items portions of the agenda, and for requests for future agenda items. (Emphasis in original.) As a result, members of the public who wish to comment on public hearing items or business items are required to do so when each of those items is each called.

Commissioner Flohr’s future agenda item was to consider amending the Meeting Rules and Procedures to allow the Planning Commission to accept public comments on items that are on the agenda (i.e., public hearings and business items) during the general public comment period at the start of the Commission’s meetings and to ensure a person does not speak for more than the allowed time.

CITY COUNCIL AGENDA ITEM NO. G.1
10/24/2023
Staff does not recommend this request and has not spent significant time or resources beyond preparing this report. Listed below are the primary reasons that staff does not support this request.

1. Uniformity for the Public. As noted above, the Meeting Rules and Procedures govern the City Council and all Commissions. Implementing the requested change would necessitate either (a) carving out special procedures for the Planning Commission in this regard, or (b) changing the process for all covered bodies in order to continue to ensure that the process is the same across all committees and commissions. If the City Council were to pursue changing this procedure, staff would recommend that the procedure be amended for the City Council and all City commissions, in order to ensure uniformity for the public. However, for the reasons listed below, staff does not believe that the City Council or the remaining City commissions would be wellserved by this change.

2. Creating a Clear Record. A number of the actions taken by both the Planning Commission and City Council are required by law to be taken in the context of a public hearing, which is officially opened so that public testimony can be taken and later closed so the decision-makers can begin their deliberations.

Among other things, this creates a clear record of the proceedings. Examples of such actions run the gamut from consideration of a conditional use permit to amendment of the General Plan, as well as non-land use related items, such as adoption of the capital improvements plan (CIP), establishment of new landscape and lighting assessment districts (LLAD’s), changes to development impact fees, and so on.

Moving portions of public comment applicable to a given public hearing item to another segment of the meeting would not assist in creating this clear record, which is crucial in the event a given action is subject to legal challenge.

3. Orderly Conduct of the Meeting. In addition to the reasons listed above, moving public comments outside of that process is not recommended because it would disrupt the orderly conduct of the meeting. For example:
a. Following Council direction given October 10th, members of the public using Zoom may speak on business items or public hearings via Zoom, but not on general public comment matters. In order to implement this direction, the City Clerk and Commission secretaries will not accept Zoom comments during the general public comment portion of the meeting. Enacting the

CITY COUNCIL AGENDA ITEM NO. G.1
10/24/2023
change proposed by the Planning Commission would result in the City Clerk and/or Commission secretaries once again accepting these calls and questioning the caller as to whether their comment concerned a public hearing item or business item (and would thus be allowed) or concerned another portion of the agenda (which would not).
b. Accepting public comment on agendized items at the top of the meeting, and then remembering to apply those comments to items that may be heard many hours later, with multiple intervening items, may be difficult for decision-makers, the public, and applicants.
c. In addition, at its meeting of October 10th, the City Council made it clear that it wished to explore ways in which to “interact” with those offering public comment (within the confines of the Brown Act). Accepting public comment outside of the agendized period for a given item, coupled with Council interaction with the speaker, may quickly, if unintentionally, morph into consideration of the item before it has actually been called, leading to potential Brown Act issues.
d. The City Council establishes time limits on public comment. Changing the meeting rules and procedures could allow a participant to speak twice on the same agenda item, which is currently not allowed. As presently structured, members of the public who wish to speak on a public hearing or business item wait until each individual item is called.

If public comments on public hearing and business items were to be accepted at the start of the meeting, staff and the meeting chair or Mayor would be in a position of having to monitor who had provided comments on specific items at the start of the meeting in order to ensure that the same speakers did not take the podium again once the item was called. This would be necessary to ensure that all members of the public were equally provided with a single opportunity to speak on each item. e. The City frequently engages consultants and other outside assistance in processing and presenting materials to the City Council and Commissions.

These individuals typically participate in only that portion of the meetings when their individual item is called. The Mayor and/or Commission chair often calls upon these subject matter experts to respond to questions posed by members of the public. If comments (and questions) from the public on agendized items were to be accepted during the general public comment

CITY COUNCIL AGENDA ITEM NO. G.1
10/24/2023
period, this would necessitate having these individuals either respond to such questions at that time (which is not recommended) or saving those questions until the item was actually called.

4. Due Process. For quasi-judicial public hearings (where the decision makers are applying a fixed rule, standard, or law to a specific circumstance, such as a request for a conditional use permit, variance, design review, or subdivision map), the project applicant is required by law to be afforded due process.

Typically this is accomplished by, among other steps, allowing the applicant to be the first to speak on the item and giving them 10 minutes to make a presentation. The applicant may choose to reserve some of this time to address public comments received after their initial presentation. Changing the Meeting Rules and Procedures in the manner suggested could be argued to deprive a project applicant of their due process rights and a meaningful opportunity to be heard.

5. Alternative Communications Channels Available. Participants can provide written comments in advance of the meeting if they are unable to attend or do not wish to remain at a meeting until the item on which they desire to comment is called. Written comments are shared with the Planning Commission, posted to the City’s website, and are also included as part of the public record.

CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.

PREVIOUS ACTION
No previous City Council action.

ENVIRONMENTAL DETERMINATION
Not applicable.

ATTACHMENT(S)

1. Meeting Rules and Procedures

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject:

Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 1 of 10

CITY OF BRENTWOOD

MEETING

RULES AND PROCEDURES

TABLE OF CONTENTS
Page

1. PURPOSE; APPLICABILITY ...........................................................................................2

2. MEETINGS: GENERAL RULES ......................................................................................2

3. ELECTION OF CITY COUNCIL OFFICERS; DUTIES .....................................................4

4. MEETING AGENDA: PREPARATION AND CONTENTS..................................................6

5. DECORUM .......................................................................................................................7

6. VOTING AND DECISION; RECONSIDERATION .............................................................8

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject:

Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 2 of 10

1. PURPOSE; APPLICABILITY

1.1 Purpose. The purpose of the Council Meeting Rules and Procedures (these “Rules”) is to establish protocols that will be convenient for the public and contribute to the orderly conduct of City business. These Rules apply in addition to:
• the Ralph M. Brown Act Open Meeting Law (Brown Act, Gov’t. Code §55950 and following);
• the Political Reform Act (Gov’t. Code §81000 and following); and • any other California laws that govern the conduct of City Council meetings.

1.2 Applicability. These Rules apply to meetings of the City Council and all City Commissions (unless: a provision is clearly not applicable, stated otherwise in the ordinance establishing a particular commission, or stated otherwise in state law). Reference to Mayor, Council, Council Member, and City Clerk shall respectively mean Chairperson, Commission, Commissioner and Secretary, when applicable to a City commission.

1.3 Effect. Failure to observe these Rules does not invalidate any otherwise lawful action.

2. MEETINGS: GENERAL RULES

2.1 Meeting – Definition. The term meeting means the gathering together of three or more members of the City Council (or a majority of the total members of any commission) to hear, discuss, deliberate, or take action on any matter within its jurisdiction. (Gov’t. Code §54952.2(a).)
1 2.2 Meetings Open to the Public. Unless otherwise authorized by law to be held in closed session, all City Council meetings are open and public. (Cal. Const. art I, §3(b)(1); Gov’t.

Code §54953(a).)

2.3 Time and Place of City Council Meetings. The City Council shall hold regular meetings at the dates, time, and location set forth in Municipal Code Chapter 2.04 and any related resolutions, or as modified by the Council.

2.4 Quorum. A majority of the total members of the Council shall constitute a quorum and is sufficient to transact regular business. A Council Member present but abstaining is counted for purposes of constituting a quorum. A Council Member disqualified from voting by law is not counted for purposes of constituting a quorum. (See Section 3.4a below.) If there is no quorum, the Mayor or City Clerk shall adjourn the meeting to a stated time and place.

2.5 Presiding Officer. The Mayor is the presiding officer of the Council. In the absence of the Mayor or in case of conflict under Section 3.4a, the Vice-Mayor shall preside. In the absence of the Mayor and Vice-Mayor, the City Manager shall preside over the election of a temporary chair.

The temporary chair will preside until the return of one of the officers. 1 The Brown Act prohibits a majority of a city council, outside an open and noticed meeting, from using a series of communications of any kind (including telephone or email, or through intermediaries) to discuss, deliberate or take any action on city business. (Gov’t. Code §54952.2(b)(2).

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject:

Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 3 of 10

2.6 Types of meetings.
a. Regular meetings. This is the regular City Council meeting generally held twice per month, as established by the Municipal Code (Chapter 2.04) and City Council Resolution. b. Special Meetings. A special meeting may be called by the Mayor or by a majority of the City Council. Notice must be given in conformance with Government Code §54956 at least 24 hours before the special meeting.
c. Closed Sessions. The City Council may meet in closed session (not open to the public), as provided by California law. No member of the City Council, City employee or person present during a Closed Session may disclose to anyone not present at the Closed Session the content or substance of any confidential written materials or confidential discussions which took place during the session, unless the City Council votes to authorize disclosure of such information by a majority vote, except as otherwise required by law. (Gov’t. Code § 54956.5.) d. Adjourned Meetings. The City Council may adjourn a regular or special meeting to a specific time and place. (If there is less than a quorum at any scheduled meeting or if all members are absent, the Mayor or City Clerk may declare the meeting adjourned to a stated time and place and post notice of that fact consistent with Government Code § 54955. e. Continued Hearings. The City Council may continue any hearing to a subsequent meeting, stating the specific date, time, and place. (Government Code § 54955.1). f. Emergency Meetings. The City Council may hold an emergency meeting under Government Code section 54956.5 if a majority of the members of the City Council determine that there is 1) a work stoppage or other activity which severely impairs public health, safety, or both, or 2) a crippling disaster which severely impairs public health, safety, or both. Notice shall be given as provided in Government Code section 54956.5. g. Teleconferences. The City Council may use teleconferencing for any City Council meeting. Each teleconference location must be open to the public, and an agenda posted at each location. Each teleconference location shall be identified in the notice and agenda of the meeting. At least a quorum of the Council Members must be present at locations within the City.

All votes taken during a teleconferenced meeting shall be by roll call vote. (Gov’t. Code § 54953.)
h. Meetings with City Commissions. The City Council may hold a joint meeting with a City Commission, or with another public agency, in conformance with the Brown Act.

2.7 Minutes; Record-keeping. The City Clerk or his or her designee will take action minutes, consisting of the names of individuals speaking about an item, and the action taken by Council on each item including the motion and the vote. City Council and Planning Commission meetings are generally broadcast live and are also available for viewing later on the City‘s website. The City maintains audio recordings for other commission meetings. Copies or transcripts are available upon request, with prior payment of fees established by City Council resolution.

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject:

Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 4 of 10
3 ELECTION OF CITY COUNCIL OFFICERS; DUTIES

3.1 Election of Vice Mayor. The City Council shall elect a Vice Mayor for a two-year term, at the meeting when new Council Members are sworn in after a general municipal election. If the office of Vice Mayor becomes vacant for any reason (including resignation, incapacity, death, recall, municipal election, or removal by majority vote), the City Council shall elect one of its members to fill the vacancy at the next regular meeting. The election or removal of the ViceMayor requires three affirmative votes.

3.2 Duties of Mayor. The Mayor has the power, authority, and discretion, without a vote of the majority of the Council (except as noted) to:
a. Preside over Council meetings:
1) maintain order and proper decorum (See Rule 5 below); 2) announce the business before the Council in the order set forth in the agenda (or as such order may be changed per Rule 4.3 below);
3) call for votes on each matter requiring a decision, and announce the results. The Mayor may make a motion, second and debate matters, subject only to the same limitations of debate as are imposed upon all members.);
4) when requested, make these Rules known and decide questions of order, subject to an appeal of the Council;
5) set time limits on Council discussion (subject to Council concurrence) and on communications from members of the public, consistent with the Brown Act; and 6) open public hearings.”
b. Agendas. Work with the City Manager in the preparation of agendas, and place items on a future Council meeting agenda, under Rule Sections 4.2 and 4.4 below. c. Signing. Sign all documents as authorized by the City Council, and ceremonial documents.
d. Subcommittees. Create subcommittees, with a concurrence of the Council, under Section

3.4b.
e. Appointments. Make appointments to a public office or position, with the confirmation of a majority of the City Council.
f. City Spokesperson. Serve as the chief spokesperson and representative for the City and City Council for matters concerning public policy.
g. Other duties. Perform other duties as are required by law or as pertain to the office of Mayor.

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject:

Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 5 of 10

3.3 Duties of Vice Mayor. The Vice Mayor has the power and authority to:
a. Exercise the duties and powers of the Mayor, in the Mayor’s absence. b. Serve with the Mayor as spokesperson and representative for the Council. c. Assist the Mayor in anticipating an issue that may warrant a special meeting.

3.4 Duties of all Council Members. It is the duty of each Council Member to attend Council meetings, adhere to these Rules, and to cast votes as outlined below. a. Abstention from voting. A Council Member must abstain from voting if:
1) the Council Member has a personal or financial interest in the matter as defined in the California Political Reform Act (Government Code §§ 81000 et seq.) 2 ; or
2) the law otherwise declares the Council Member's participation to be a conflict of interest (e.g., Government Code §§ 1090, 1126, 81000 et seq.; or case law); or 3) the member is disqualified as to a particular matter because of his or her absence from a prior public hearing and inability or failure to review the prior testimony and evidence presented.

If a Council Member is disqualified, he or she shall declare this fact and the reason for it on the record, and shall leave the room until the matter is concluded. However, if the matter on which the Council Member is disqualified is on the Consent Calendar, and is not pulled from the Consent Calendar, the Council member does not need to step down from the dais during the vote. Rather, before the Consent Calendar vote, he or she should declare this fact and the reason for it on the record and state that he or she is not voting on that item. b. Committees and Boards. The business of the City Council will from time to time require work in Council committees (either a standing committee or ad hoc committee), and through Council Member participation on boards of other governmental agencies.

The Mayor, a majority of the Council, or staff may recommend formation of a committee. A committee assists in the resolution or study of issues arising from a specific area of Council concern. All communications and advice from a committee shall be made to the Council. A committee serves until discharged by a majority of the Council.

It is the duty of any Council Member sitting on such a committee, or outside board, to make periodic reports to the City Council as a whole and to the general public at regular City Council meetings. It is also the duty of a Council Member to timely advise his or her alternate, if any, if the Council Member will be absent from any committee or board meeting.

3.5 Absences. A Council Member should endeavor to give notice to the Mayor, City Manager, or City Clerk in advance if he or she will be absent or late to a Council meeting. If a Council Member is absent without permission from all regular city council meetings for 60 days consecutively from the last regular meeting he or she attended, his or her office becomes vacant and shall be filled as any other vacancy. (Gov’t. Code §36513.)

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject:

Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 6 of 10
4 MEETING AGENDA: PREPARATION AND CONTENTS

4.1 General. The City Council will not discuss any item of business not appearing on the written agenda, except as provided in Government Code section 54954.2.

If other matters (not on the agenda) are raised by the public, the City Council or staff may refer the matter to staff or to a subsequent meeting.
3 (Gov’t. Code §54954.2.)

4.2 Agenda Preparation; Distribution. There shall be a written agenda for each City Council meeting. The agenda shall contain a brief general description of each item of business to be transacted or discussed and shall include other matters as set forth in this Section 4. The City Clerk shall prepare the agenda in conjunction with the City Manager’s office. Anonymous communications will not be considered nor placed on the agenda. Only the City Manager, City Attorney, the Mayor and Council Members may add items to a Council agenda. If a member of the public wishes an item to be added, he or she must have a Council Member sponsor the item. The agenda will be posted and distributed as required by the Brown Act. (Gov’t. Code §§54954.2, 54954.1.)

4.3. Agenda Contents; Order of Business. The agenda shall include general information, a brief description of items of business, and the order of business (See Government Code § 54954.2).

The order of business is as follows, subject to change by the Mayor, Vice-Mayor (in the Mayor’s absence), City Manager or a majority vote of the City Council:

Call to Order and Roll Call
Pledge of Allegiance
Presentations (and Proclamations) (these may also be included on the Consent Calendar.) Public Comments (for items not on the public hearings or business items portions of the agenda, or requests for future agenda items)
Informational Reports from Council Members, committees, liaisons, and staff Consent Calendar
Public Hearings
4 Business Items
Request for Future Agenda Items (by Council Members)
Adjournment
2 A Council Member may not make, participate in making, or in any way attempt to use their official position to influence a governmental decision in which they know (or have reason to know) they have a financial interest. (Gov’t. Code § 81000.) 3 No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights, ask a question for clarification, or provide a reference to staff or other resource for factual information. (Gov’t. Code §54954.2)
4 Public Hearings. Public hearings are those having specific notice requirements by state law or City ordinance. At the hearing, the Council shall afford any interested person (and his or her representative) the opportunity to speak, present witnesses and evidence, subject to these Rules. Public hearings will be conducted in the following order: (1) Staff Reports and Council Member questions to staff; (2) Public hearing opened by Mayor; (3) Public testimony; (4) Mayor closes the public hearing, by majority vote; (5) Discussion among Council Members; and (6) Action by majority vote

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject:

Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 7 of 10

4.4 Adding Future Agenda Items.

An item may be added to a future agenda, and staff time authorized, in either of the following ways:
a. Standard agenda process for agenda preparation, under Rule Section 4.2 above, including:
1) by the City Manager, City Attorney, or staff; or
2) by written request to the City Manager by the Mayor or two Council Members at least one week before the publication of the next agenda (Thursday by 5:00 p.m.) and the City Manager determines that there is adequate staff time to prepare discussion and recommendation materials; or
b. By an individual Council Member making:
1) a written request to the City Manager at least one week before the publication of the next agenda to place the item under Request for Future Agenda Items on the next agenda; or
2) a verbal request at a Council meeting to have an item placed on the next agenda under Request for Future Agenda Items.

In either case (b.1 or b.2), the listed item will identify the Council Member making the request and briefly describe the nature of the request. Council discussion will be limited to whether staff time and City resources should be spent on the item and the time period for scheduling. Staff will not spend time on the requested item unless and until the Council wishes additional information, except that if staff has already worked on a matter or the City Manager deems an item to be urgent, he or she may place it on the next agenda as an action item.
5 DECORUM

5.1 Decorum Generally - City Council Members. The Mayor and Council Members shall preserve order and decorum at City Council meetings. Council Members shall confine their remarks to the agenda item under consideration and speak only when recognized by the Mayor, except as otherwise provided in these Rules. Once a Council Member is recognized, he or she will not be interrupted unless called to order by the Mayor. A Council Member may not, by conversation or otherwise, disturb or disrupt the proceedings or the peace of the City Council in any way, nor disturb any other Council Member or member of the public while speaking, nor refuse to obey the instruction of the Mayor or City Council.

During a quasi-judicial hearing
5 , an applicant or appellant is entitled to due process of law, including a meaningful opportunity to be heard. Council Members should not receive information outside of the hearing on the matter unless they disclose the nature of the communications. Council Members will give full attention to speakers at the hearing. 5 A quasi-judicial hearing is one that involves the application of rules to a specific project or set of existing circumstances.

Examples include land use matters (but not legislative decisions such as General Plan or zoning amendments, or development agreements), employee disciplinary proceedings, and proceedings for the revocation, suspension, or reinstatement of permits, licenses, and franchises.

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject:

Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 8 of 10
Council meetings will be governed by common sense and good taste. In case of a dispute concerning a procedural matter not specifically covered in these Rules, the majority vote of the Council will control.

5.2 Decorum Generally - Public.

Members of the public wishing to speak during the public discussion are requested to fill out the speaker form provided and hand the card to the City Clerk at the beginning of (or during) the meeting. Comments by members of the public are generally limited to five minutes, or less time if a large number of speakers is anticipated, or if approved by the Mayor. A speaker may not allocate his or her time to another speaker. The Mayor will invite public testimony on each item at the appropriate time. Written documents or messages to the City Council or any Council Member while the City Council is in session, which pertain to the Council’s business, shall be made only through the City Clerk.

A member of the audience must come forward to the lectern so that their remarks may be accurately recorded. All remarks shall be addressed to the Mayor, except that answers to questions posed by a City Council Member recognized by the Mayor may be addressed to the questioner. No person other than a member of the City Council and the person having the floor shall enter into any discussion, either directly or through a Council Member, without the permission of the Mayor. The comments must be pertinent to the agenda item under discussion. A member of the public may not ask a question of a Council Member or staff member, except through the Mayor. Speakers are urged to avoid unnecessary repetition in their remarks and instead simply indicate agreement with previous speakers.

If a meeting is willfully interrupted by any individual, group or groups of people so as to render the orderly conduct of the meeting unfeasible, the Mayor may recess the meeting and require the removal of individuals who are interrupting the meeting, or clear the room and continue the meeting allowing only members of the press to remain. (Gov’t. Code §§ 54957.9.)”
6 VOTING AND DECISION; RECONSIDERATION

6.1 Voting and Decision. Ordinances, resolutions and other matters submitted to the Council must be adopted by a majority vote of the total membership of the Council unless a greater number of votes is required by law. A majority means three votes for the City Council (and for each City commission with a total of five members). If one or more Council Members is absent and a majority vote cannot be obtained, and no additional action is taken, the matter shall automatically be added to a future agenda, to be considered at least once with all Council Members present.

If a member (qualified to vote) does not vote in the affirmative or negative, the member shall be deemed to have voted in the affirmative.

A tie vote means the motion is not approved.

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject:

Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 9 of 10
After a vote is taken on a matter, if an appropriate resolution is not already prepared, the Council may direct the staff to prepare a resolution reflecting the City Council’s findings and decision. A resolution brought back to the Council may be placed on the Consent Calendar. (No public comments can be received or considered unless a public hearing is re-noticed.) The vote is not considered final until the City Council reviews and approves the resolution at a later meeting.

6.2 Reconsideration. This section 6.2 does not apply to City Commissions. a. Reconsideration of Quasi-Judicial Actions. (See footnote 5.) A motion to reconsider any quasi-judicial action taken by the City Council may be made by any Council Member who voted with the majority on a question, and may be seconded by any Council Member. The motion must be approved by a majority vote of the entire City Council. The City Clerk shall provide notice to all interested parties as soon as possible when a matter becomes the subject of a motion to reconsider.
1) Timing. The motion must be made at the same meeting at which the action was taken (including an adjourned or continued meeting), at the next regular meeting, or at any intervening special meeting. If a request for reconsideration is communicated to the City Manager by any Council Member who voted in the majority, at least 24 hours before the state law deadline for posting the City Council meeting agenda, then the request shall appear on the posted agenda for the next regular meeting or intervening special meeting. Otherwise, no City Council discussion or action on reconsideration may occur unless the item is appropriately added to the agenda under Government Code section 54954.2(b) which addresses adding items that are not listed on a posted agenda, when immediate action is necessary. (See Rule Section 4.1b.) 2) Effect of Approval of Motion; Notice. If the motion to reconsider is made and approved at the same meeting at which the initial action was taken and all interested persons (including applicants, owners, supporters, and opponents) are still present, the matter may be reconsidered at that meeting or at the next regular meeting or intervening special meeting (subject to the discretion of the maker of the motion) and no further public notice is required.

If the motion to reconsider is made and approved at the same meeting at which the initial action was taken but all interested persons are not still present, or if the motion is made and approved at the next regular meeting or intervening special meeting, the item shall be scheduled for consideration at the earliest feasible City Council meeting and shall be re-noticed in accordance with state law and the Municipal Code. In certain circumstances, a right may have vested after the initial decision, precluding reconsideration.
b. Reconsideration of Legislative or Other Non-Quasi-Judicial Actions. The City Council may rescind, repeal or amend its prior legislative or other non-quasi-judicial actions (unless precluded from doing so under applicable laws) at any regular or special meeting of the City Council. Noticing and scheduling of such actions shall be consistent with Rule Section 4 (Meeting Agenda: Preparation and Contents) and any required notice provisions.

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject:

Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 10 of 10
Revision History
Date Resolution
11/13/2001 2399 adopted policy
04/27/2004 2004-97 amended Rules 1-27 added rules 28-36 05/25/2005 2005-260 deleted Rule 8
04/11/2006 2006-73 deleted Rule 36
01/23/2007 2007-15 added Rule 13A
10/09/2007 2007-225 amended Rule 13A
05/24/2011 2011-67 deleted a portion of Rule 32 & amended Rule 28H 01/22/2013 2013-11 amended Rule 26 Priority of Business 12/10/2013 2013-174 amended Rule 35 in its entirety
12/09/2014 2014-182 amended Rule 13 A
6/14/2016 2016-74 Re-adopting new Meeting Rules and Procedures 12/12/2017 2017-162 Quorums and reconsideration of matters by City commissions 10/10/2023 2023-123 – Amended Rule 3.2 and 5.2

CITY COUNCIL AGENDA ITEM NO. I.1
10/24/2023
SUBJECT: Consider a Request from Council Member Pierson regarding a review of Brentwood Municipal Code sections that are no longer enforceable
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Pierson regarding a review of Municipal Code section 2.45.020 regarding the powers and duties of the Park and Recreation Commission, and any sections of the Municipal Code that are no longer enforceable.

FISCAL IMPACT
There is no fiscal impact associated with the part of this agenda item that pertains to updating Municipal Code section 2.45.020, and only a few staff hours would be involved.

However, a significant amount of time (a year or more) would be needed to review the entire municipal code for any like implications, and would need outside contractual and legal assistance. In addition, even with outside assistance, some updates will require considerable staff time given the nature and/or number of section revisions that may occur at any one time.

Not knowing all of the sections that may require updating, it is difficult to provide a cost estimate, with some provisions requiring more detailed attention than others.

Given the ongoing nature of keeping the Municipal Code up-to-date, if the City Council wishes to move forward with this request, a specific amount, such as $50,000 a year, could be budgeted each year for these endeavors. If staff is directed to move forward with consultant assistance, staff will return to City Council for their approval of any necessary General Fund budget adjustments.

BACKGROUND

CITY COUNCIL AGENDA ITEM NO. I.1
10/24/2023
Pursuant to Council Policy 110-1 Rule 4.4 (b)(2), this item has been placed on the agenda so that Council may discuss it and provide further direction to staff. Pursuant to Section 4.4, Council discussion is limited to whether staff time and City resources should be spent on the item and the time period for scheduling.

As the priority sections would be updated as time permits, the workload impact of addressing these code would be reasonable.

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

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, 2023, Council Member Pierson requested a future agenda item for the review of Municipal Code section 2.45.020 pertaining to the powers and duties of Park and Recreation Commission, and any sections of the Municipal Code that are longer enforceable.

On October 10, 2023, the City Council continued consideration of the request from Council Member Pierson r regarding a review of Municipal Code section 2.45.020 regarding the powers and duties of the Park and Recreation Commission, and any sections of the Municipal Code that are no longer enforceable to the City Council meeting of October 24, 2023.

CITY COUNCIL AGENDA ITEM NO. I.2
10/24/2023
SUBJECT: Consider a Request from Council Member Pierson for the Creation of an Anti-racism and Anti-hate Crime Policy
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Pierson regarding the creation of an Anti-racism and Anti-hate Crime Policy.

FISCAL IMPACT
The fiscal impact associated with this item is approximately $5,000 and would be the responsibility of the General Fund. This includes staff development and outside legal review over the next few months, aside from any existing policies already in place.

If this item moves forward staff will bring a General Fund budget request at a later date.

BACKGROUND
Pursuant to Council Policy 110-1 Rule 4.4 (b)(2), this item has been placed on the agenda so that Council may discuss it and provide further direction to staff. Pursuant to Section 4.4, Council discussion is limited to whether staff time and City resources should be spent on the item and the time period for scheduling.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

CITY COUNCIL AGENDA ITEM NO. I.2
10/24/2023

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action

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, 2023, Council Member Pierson requested a future agenda item related to creating an anti-racism and anti-hate crime resolution or policy.

On October 10, 2023, the City Council continued consideration of the request from Council Member Pierson regarding the creation of an Anti-racism and Anti-hate Crime Policy to the City Council meeting of October 24, 2023.

CITY COUNCIL AGENDA ITEM NO. I.3
10/24/2023
SUBJECT: Consider a Request from Council Member Pierson for the Creation of a Citywide Racial Equity Plan
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Pierson regarding the creation of a citywide racial equity plan.

FISCAL IMPACT
The fiscal impact associated with this item is approximately $50,000. This includes plan development by a consultant who specializes in Diversity, Equity, and Inclusion as well as staff and outside legal review, all of which will take many months. If staff is directed to move forward with consultant assistance, staff will return to City Council for their approval of any necessary General Fund budget adjustments.

BACKGROUND
Pursuant to Council Policy 110-1 Rule 4.4 (b)(2), this item has been placed on the agenda so that Council may discuss it and provide further direction to staff. Pursuant to Section 4.4, Council discussion is limited to whether staff time and City resources should be spent on the item and the time period for scheduling.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

CITY COUNCIL AGENDA ITEM NO. I.3
10/24/2023

1. Previous Action

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, 2023, Council Member Pierson requested a future agenda item related to creating a citywide racial equity plan.

On October 10, 2023, the City Council continued consideration of the request from Council Member Pierson regarding the creation of citywide racial equity plan to the City Council meeting of October 24, 2023.

CITY COUNCIL AGENDA ITEM NO. I.4
10/24/2023
SUBJECT: Consider a Request from Council Member Pierson for the Creation of a Race and Equity Commission
DEPARTMENT: City Manager
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the revised request from Council Member Pierson regarding the creation of a Race and Equity Commission to include the Council and members of the public.

FISCAL IMPACT
There is no known fiscal impact associated with establishing the commission.

However, the fiscal impact is unknown depending on the scope of work, and meeting timeframes recommendations by Council.

The Racial Equity Plan mentioned in a related agenda item would be a work product of the commission, if established, and those fiscal impacts are identified separately.

If staff is directed to move forward with consultant assistance assisting with the commission, or any other related expenses, staff will return to City Council for their approval of any necessary General Fund budget adjustments.

BACKGROUND
Pursuant to Council Policy 110-1 Rule 4.4 (b)(2), this item has been placed on the agenda so that Council may discuss it and provide further direction to staff. Pursuant to Section 4.4, Council discussion is limited to whether staff time and City resources should be spent on the item and the time period for scheduling.

Council Member Pierson requested a clarification of her request in the interim period of the item being delayed to reflect a desire for the committee to actually function as a commission and include members of the City Council and members of the public.

CITY COUNCIL AGENDA ITEM NO. I.4
10/24/2023
Should Council direct staff to spend time and resources to assess the viability of and draft the scope of the proposed commission to include Council and members of the public. Commission scope and membership assignments will be brought to Council for consideration on January 9, 2024.

Based on the current workload of major projects for the Human Resources Department, including Classification and Compensation study, Internship Program, Workforce Diversity, Equity, & Inclusion Strategy, and pending labor negotiations culminating in six Memorandum of Understanding agreements, any major projects from the commission will be prioritized accordingly.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

CITY COUNCIL AGENDA ITEM NO. I.4
10/24/2023

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action

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, 2023, Council Member Pierson requested a future agenda item related to creating a Race and Equity Committee.

On October 10, 2023, the City Council continued consideration of the request from Council Member Pierson regarding the creation of a Race and Equity Committee of the Council to the City Council meeting of October 24, 2023.

On October 10, 2023, before the City Council meeting, Council Member Pierson requested clarification of her request to be a commission and include both members of the City Council and the public.

CITY COUNCIL AGENDA ITEM NO. I.5
10/24/2023
SUBJECT: Consider a Request from Vice Mayor Meyer regarding amending the process for Council presentations of proclamations
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Vice Mayor Meyer regarding amending the process for Council presentations of proclamations.

FISCAL IMPACT
There is no fiscal impact associated with this item. Depending on Council direction, staff time is not expected to be significant.

BACKGROUND
Pursuant to Council Policy 110-1 Rule 4.4 (b)(2), this item has been placed on the agenda so that Council may discuss it and provide further direction to staff. Pursuant to Section 4.4, Council discussion is limited to whether staff time and City resources should be spent on the item and the time period for scheduling.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

CITY COUNCIL AGENDA ITEM NO. I.5
10/24/2023

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action

2. Proclamation Policy

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, 2023, Vice Mayor Meyer requested a future agenda item for the review of the presentation process for proclamations.

On October 10, 2023, the City Council continued consideration of the request from Vice Mayor Meyer review of the presentation process for proclamations to the City Council meeting of October 24, 2023.

CITY COUNCIL AGENDA ITEM NO. I.6
10/24/2023
SUBJECT: Consider a Request from Vice Mayor Meyer for the Creation of a Council Committee for Age Friendly Communities
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Vice Mayor Meyer regarding the creation of a Council Committee for Age Friendly Communities.

FISCAL IMPACT
There is no fiscal impact associated with authorizing the formation of this committee.

However, significant Parks & Recreation (Recreation Division) staff time, approximately 10-20 hours per month, could be involved in working with the committee and efforts with stakeholders preparing for funding requests related to the effort. If consultant assistance is needed, costs could exceed $50,000 or more.

If staff is directed to move forward with consultant assistance, staff will return to City Council for their approval of any necessary General Fund budget adjustments.

Further, if this committee is determined to be a standing versus ad-hoc committee, staff time involved would increase.

BACKGROUND
Pursuant to Council Policy 110-1 Rule 4.4 (b)(2), this item has been placed on the agenda so that Council may discuss it and provide further direction to staff. Pursuant to Section 4.4, Council discussion is limited to whether staff time and City resources should be spent on the item and the time period for scheduling.

In addition to ongoing recreation programming and major projects underway, the Parks & Recreation department currently manages several other commissions with monthly meetings. Any new committees, especially if meeting monthly, will need to be prioritized amidst current obligations of other commission workloads.

CITY COUNCIL AGENDA ITEM NO. I.6
10/24/2023
Should Council direct staff to spend time and resources on this issue, the draft scope of the committee and committee assignments will be brought to Council for consideration on January 9, 2024.

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

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, 2023, Vice Mayor Meyer requested a future agenda item related to creating an Age Friendly Communities committee.

On October 10, 2023, the City Council continued consideration of the request from Vice Mayor Meyer regarding the creation of a Council Committee for Age Friendly Communities to the City Council meeting of October 24, 2023.

CITY COUNCIL AGENDA ITEM NO. I.7
10/24/2023
SUBJECT: Consider a Request from Council Member Mendoza to have Department Directors report to the City Council
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Damien Brower, City Attorney

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Mendoza regarding the pros and cons of having department directors report to the City Council and the process for implementing this change.

FISCAL IMPACT
The fiscal impact will come from the time and costs associated with the use of outside legal counsel to explore the legal implications of implementing the underlying proposal, and/or a consultant to assist with looking into the pros and cons of enacting such a proposal and the implementation process.

While not an exhaustive list, some areas where outside legal counsel would be utilized include an initial determination of whether the proposed structural change is allowed under State law. If such a change is permitted, then special counsel or an outside consultant could be used to look into the pros and cons of enacting such a proposal and the implementation process.

If the Council subsequently moves forward with the proposal, then outside legal counsel would assist in revising the City’s Municipal Code and policies pertaining to department directors. In addition, they would assist the City Council in the negotiation of any employment agreements with the department directors, as well as assist the Council with the eight additional performance reviews for which the City Council would be responsible.

Very preliminary legal cost estimates would be $5,000-$10,000 to determine the Council’s ability to implement the proposal, $10,000-$20,000 to develop a list of the pros and cons/implementation process, $25,000-$40,000 to implement the proposal, and $25,000-$35,000 to assist the City Council with the annual evaluation process.

CITY COUNCIL AGENDA ITEM NO. I.7
10/24/2023
These estimates do not include any costs associated with defending the City if the proposal is challenged in court. All these costs would be of the General Fund, and staff will return for City Council approval if necessary.

BACKGROUND
Pursuant to Council Policy 110-1 Rule 4.4 (b)(2), this item has been placed on the agenda so that Council may discuss it and provide further direction to staff. Pursuant to Section 4.4, Council discussion is limited to whether staff time and City resources should be spent on the item and the time period for scheduling.

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

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, 2023, Council Member Mendoza requested a future agenda item for Council to consider the pros and cons of having department directors report to the City Council and the process for implementing.

On October 10, 2023, the City Council continued consideration of the request from Council Member Mendoza regarding the pros and cons of having department directors report to the City Council and the process for implementing this change to the City Council meeting of October 24, 2023.

CITY COUNCIL AGENDA ITEM NO. I.8
10/24/2023
SUBJECT: Consider a Request from Council Member Mendoza Establishing a Council Design Standards Committee.

DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Mendoza establishing a Council Design Standards Committee.

FISCAL IMPACT
The fiscal impact of this item would depend on how and when the committee meets and the direction it provides to staff. If the scope of this request simply proceeds to the Land Use and Development (LUD) committee, there is no need for a new committee. If the newly proposed committee met in the evening, similar to the Land Use and Development (LUD) committee, the meeting would result in staff overtime.

Agenda items regarding a complex subject could incur outside consultant costs, and costs would be paid out of the General Fund.

If a consultant or outside legal assistance were required, this would be an additional cost based on the hourly rates of those consultants. These costs could be $1,200 or higher per meeting depending on the number of hours needed. This could also require an increase in the CIP budget for the residential Objective Design Standards (ODS) project (CIP #337-37258) and an amendment to the consultant’s contract. The General Fund portion of the budget for this CIP project is $140,000.

Staff will return with a General Fund Budget amendment request, if necessary, based on further direction and clarification received.

BACKGROUND
Pursuant to Council Policy 110-1 Rule 4.4 (b)(2), this item has been placed on the agenda so that Council may discuss it and provide further direction to staff. Pursuant to Section 4.4, Council discussion is limited to whether staff time and City resources should be spent on the item and the time period for scheduling.

CITY COUNCIL AGENDA ITEM NO. I.8
10/24/2023
The City has Commercial and Industrial Design Guidelines that were adopted by the City Council in 2001 and Residential Design Guidelines that were adopted by the City Council in 2006 in an effort to articulate the importance of high-quality design that complements and enhances the existing fabric of the community. Based on City Council direction on January 24, 2023, staff has been drafting 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.

The standing LUD Committee meets on the third Monday of each month at 5:30 p.m.

Currently, Vice Mayor Meyer and Councilmember Mendoza are the committee members. This committee reviews items relating to major land use, community development, economic development, and housing policy topics, as well as citywide areas of interest, including but not limited to: general plan, zoning, permit processing, strategic initiatives, ordinances, economic development projects and programs, affordable housing projects and programs, and other major matters or projects that could affect Council policy, or result in a significant expenditure of City staff or financial resources. This committee includes the Chair of the Planning Commission who serves in an advisory, non-voting role. As stated above, it was staff’s intent to bring draft ODS to this committee for review and discussion, as well as Planning Commission and City Council.

Should Council direct staff to spend time and resources on this issue, including whether to form the proposed committee or not, the committee scope, and committee assignments will be brought to Council for consideration on January 9, 2024.

Based on Council direction on January 24, 2023, staff drafted Interim ODS for residential uses, which were adopted by the City Council June 27 (see attached City Council staff report), and the City has contracted with a consultant (the De Novo Group) to develop Permanent ODS. The Consultant has begun working on the project and in the next several months staff will be asking the Land Use and Development Committee (LUD), the City Council, and the Planning Commission for feedback and direction on the Permanent ODS they would like the City to adopt.

Planning staff is currently at capacity with multiple long range planning projects, future Council agenda items, development applications, plan checks, etc. It is unclear at this time what the purview of the possible new committee would be; but, if LUD or a new Committee was formed to discuss and draft design standards separately

CITY COUNCIL AGENDA ITEM NO. I.8
10/24/2023
from the Permanent ODS project already underway, staff does not have the capacity to work on separate projects related to design standards at the same time. Thus, the timelines of other projects would have to shift significantly to accommodate any additional work.

Further, if a new committee were to provide direction that conflicted with or differed from the direction received from the City Council, Planning Commission, and/or LUD, it would cause delays and confusion for the Permanent ODS project.

Alternatively, if LUD or a new committee were formed to periodically update the ODS in the future once they are adopted by the City Council, this would have no impact on the schedule for the ODS project.

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
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action

2. June 27, 2023, City Council Staff Report

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, 2023, Council Member Mendoza requested a future agenda item to establish a Design Standards Committee.

On October 10, 2023, the City Council continued consideration of the request from Council Member Mendoza to establish a Council Design Standards Committee. to the City Council meeting of October 24, 2023.

CITY COUNCIL AGENDA ITEM NO. I.9
10/24/2023
SUBJECT: Consider a Request from Council Member Mendoza establishing a Budget Review Committee
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Mendoza establishing a Budget Review Committee and the process for implementing the committee.

FISCAL IMPACT
There is no fiscal impact associated with this item. The staff time could be approximately 10-15 hours per month preparing for and following up on committee discussions depending on the scope and meeting frequency of the potential committee. Additionally, if determined to be a standing committee verses an ad-hoc committee, staff time would increase.

BACKGROUND
Pursuant to Council Policy 110-1 Rule 4.4 (b)(2), this item has been placed on the agenda so that Council may discuss it and provide further direction to staff. Pursuant to Section 4.4, Council discussion is limited to whether staff time and City resources should be spent on the item and the time period for scheduling.

The City previously had two Ad-Hoc Committees relating to the City’s budget. Those Ad-Hoc committees and responsibilities (using 2016 as an example) were as follows:
 2016/17 – 2017/18 Operating/Capital Improvement Budgets – This ad-hoc committee will offer oversight and guidance by providing policy level direction and input on the City’s Fiscal Year 2016/17 – 2017/18 operating and capital improvement budgets and development fee program. It will review debt issuance and refinancing opportunities; review and/or make recommendations concerning revenues and reserves; evaluate potential funding sources for the construction and/or operation of public facilities; and consider related policies.

CITY COUNCIL AGENDA ITEM NO. I.9
10/24/2023
 2015/16 – 2016/17 Fiscal Model – This ad-hoc committee will offer oversight and guidance by providing policy level direction and input on the City’s 2015/16 – 2016/17 Fiscal Model as it relates to multi-year forecasts and the projected long-term financial condition of the City’s pension and other post-employment benefit plans; as well as consider policies related thereto.

It is likely that the work and meeting requirements of a potential committee would vary significantly during the year, with significant work during the January – May time period as the City’s Operating and Capital Budgets are developed. Staff would anticipate requesting multiple special meetings during the budget development process to ensure adoption deadlines are met. A set schedule, or cancelled meetings, would likely occur for the remainder of the year with less budget input needed (June – December).

Should Council direct staff to spend time and resources on this issue, the draft scope of the committee and committee assignments will be brought to Council for consideration on January 9, 2024.

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

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, 2023, Council Member Mendoza requested a future agenda item to establish a Budget Review Committee.

On October 10, 2023, the City Council continued consideration of the request from Council Member Mendoza to establish a Budget Review Committee and the process for implementing the committee to the City Council meeting of October 24, 2023.

CITY COUNCIL AGENDA ITEM NO. I.10
10/24/2023
SUBJECT: Consider a Request from Council Member Mendoza for an appraisal for the former Davis Camp property & Process
Discussion about Rezoning the Site and Developing it, in Part, as a Park
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Mendoza for an appraisals for the former Davis Camp property & process discussion about rezoning the site and developing it, in part, as a park.

FISCAL IMPACT
The cost of an appraisal is budgeted, however, the costs to subdivide the parcel and purchase part of it could cost approximately $500,000, not including any park and parking lot design and equipment purchases, that could cost upwards of another $500,000, etc.

Staff time would be minimal for obtaining the appraisal, however, the implementing rezoning and purchasing effort would be significant, and take months to complete.

Additionally, if feedback is sought from the Parks & Recreation Commission about park design, equipment purchases, etc., as well as rezone considerations and revisions of the Brentwood Boulevard Specific Plan with the Planning Commission would all increase staff and consultant time and resources. These efforts will take many months to complete once directed.

Staff’s preliminary research indicates that Parks Development Impact Fees could fund a portion of a potential park at this location. It should be noted, however, that the Parks Development Impact Fee Fund has a negative $1 million balance following $7.8 million in contributions made to the Sand Creek Sports Complex over the past year.

As new development permits are pulled this negative balance is reduced. With the ultimate cost of the Sand Creek Sports Complex unknown, it may be several years before sufficient new development fees come in to provide funding for new projects.

CITY COUNCIL AGENDA ITEM NO. I.10
10/24/2023
The City currently has over 100 parks, many of which are small neighborhood parks. At this time, it is the larger community parks like the Sand Creek Sports Complex that the City Council has prioritized. Funding additional smaller parks will compete for the same funding source, thus making it more challenging to complete the Sand Creek Sports Complex in the future.

Parks added outside of the development process are not able to be annexed into a LLAD, and as such, will add additional ongoing maintenance costs to the General Fund.

If staff is directed to move forward with purchasing the property, rezoning the Specific Plan, and adding park equipment, staff will return to City Council for their approval of necessary General Fund and/or Parks Development Impact Fee budget adjustments.

BACKGROUND
Pursuant to Council Policy 110-1 Rule 4.4 (b)(2), this item has been placed on the agenda so that Council may discuss it and provide further direction to staff. Pursuant to Section 4.4, Council discussion is limited to whether staff time and City resources should be spent on the item and the time period for scheduling.

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

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, 2023, Council Member Mendoza requested a future agenda item related to a Former Davis Camp property appraisal & process discussion about rezoning the site and developing it in part as a park.

On October 10, 2023, the City Council continued consideration of the request from Council Member Mendoza for an appraisal for the former Davis Camp property & process discussion about rezoning the site and developing it, in part, as a park. to the City Council meeting of October 24, 2023.