SPECIAL CITY COUNCIL AGENDA
Zoom Webinar ID: 760 1397 0037
November 14, 2023, 5:30 p.m.
City Council Chambers
150 City Park Way
Brentwood, CA 94513
City Council Zoom Link
Following the staff presentation of the Agenda Item C.1, and before direction is provided, public comment will be taken on the agenda item.
A. CALL TO ORDER & ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. BUSINESS ITEMS
C.1 Discussion and Direction on the Zoning Code Update, Particularly on the Focused Zoning Code Updates
Title/Recommendation
Within the framework of the larger Zoning Code Update, staff is recommending that the City Council discuss and provide direction on the tentative timeline for moving forward with the focused portion of the Zoning Code Update (Task 3), as well as provide direction on topics and areas of concerns to focus on.
D. ADJOURNMENT
Any disclosable public records related to an agenda item for the open session of this meeting distributed to all or a majority of the City Council less than 72 hours before this meeting is available for inspection at City Hall, located at 150 City Park Way, during normal business hours.
These writings will also be available for review at the City Council meeting in the public access binder in the entrance of the City Council Chambers.
Public comments received after 3:00 p.m. of the meeting date, but prior to the start of the meeting, will be emailed to the City Council, posted online at www.brentwoodca.gov/councilmeetingonline within one day following the meeting, and will be summarized in the meeting minutes.
The Closed Captioning provided via Zoom is auto generated. It is not the official record and is provided as a convenience.
If you challenge the any of the matters listed under 'Public Hearings' in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Brentwood City Council at, or prior to, the public hearing
NOTICE
In compliance with the Americans with Disabilities Act, the meeting room is wheelchair accessible and disabled parking is available at the City Hall parking lot. If you are a person with a disability and you need disability-related modifications or accommodations to participate in this meeting, please contact the City Clerk's Office at (925) 516-5440 or fax (925) 516-5441. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. {28 CFR 35.102-35, 104 ADA Title II}
POSTING STATEMENT
On November 9, 2023, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside City Hall, 150 City Park Way, Brentwood, CA 94513 and at our website www.brentwoodca.gov
A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov
SPECIAL CITY COUNCIL AGENDA ITEM NO. C.1
11/14/2023
SUBJECT: Discussion and Direction on the Zoning Code Update, Particularly on the Focused Zoning Code Updates
DEPARTMENT: Community Development Department
STAFF: Alexis Morris, Director of Community Development Erik Nolthenius, Planning Manager
Jennifer Hagen, Senior Planner
TITLE/RECOMMENDATION
Within the framework of the larger Zoning Code Update, staff is recommending that the City Council discuss and provide direction on the tentative timeline for moving forward with the focused portion of the Zoning Code Update (Task 3), as well as provide direction on topics and areas of concerns to focus on.
FISCAL IMPACT
The Zoning Ordinance Update, CIP Project No. 337-37228 “Project” is included in the adopted 2022/23 – 2026/27 Capital Improvement Program with a total budget of $450,000. Current funding for the Project is $310,000 from a SB 2 grant, and $140,000 from the General Fund.
In response to feedback from HCD, staff is working to submit a revised scope of work to the State for the SB-2 grant to allow the grant to be utilized on the Housing Element Update and Safety Element Update, CIP Project 337-37258 (“H&S Project”) included in the adopted 2022/23 – 2026/27 Capital Improvement Program. The H&S Project is funded almost entirely by the General Fund. If the State allows for the redirection of the SB2 grant to the H&S Project, funding from the General Fund for the H&S Project would be transferred to the Project, with no net impact to the General Fund.
BACKGROUND
On January 24, 2023, the City Council provided direction on reinitiating the City’s Zoning Code Update, including a new focused and phased approach. The January 24, 2023 staff report is attached for reference. On May 23, 2023, the project scope was finalized (attached for reference) when the City Council approved a Professional Services Agreement with De Novo Planning Group to prepare and complete the
SPECIAL CITY COUNCIL AGENDA ITEM NO. C.1
11/14/2023
Focused Zoning Code Update and Objective Design Standards. The plan approved by the Council includes three main tasks to complete:
Task 1: Objective Design Standards;
Task 2: Zoning Code Updates required by State Law and the Housing Element; Task 3: Focused Zoning Code updates.
The approved timeline envisioned the three tasks being completed in order, with the final task (Focused Zoning Code updates) being completed towards the end of 2024.
Based on recent future agenda item requests and discussions around several development applications, staff is recommending moving Task 3 forward in the schedule in order to prioritize focused Zoning Code updates. Staff is requesting that the City Council discuss the potential Zoning Code updates outlined below and provide initial direction on which specific updates to focus on.
DISCUSSION
ZONING CODE UPDATE TIMELINES
Task 1: Task 1 is currently underway and it is critical to move forward with it expeditiously. The City’s current Objective Design Standards were adopted by the City Council as an urgency ordinance on an interim basis only, and are set to expire on May 12, 2024. Staff does not recommend modifying the current timeline for this task. It is anticipated that staff will introduce the Objective Design Standards at the December 12, 2023 City Council meeting and request direction on the City Council goals and objectives, as well as priorities to focus on moving forward with residential standards. After the initial City Council meeting, initial drafts are anticipated to be presented to the Land Use and Development committee (LUD) throughout the process.
Task 2: This task will provide updates to various sections of the Zoning Code required to bring it up to date and consistent with current State Laws. In addition, upon the adoption of the Housing Element, other updates to the Code will be required to be consistent with State Housing Element Law. Since the City is still waiting for State certification of the Housing Element in order to finalize changes to be made under this task, it would be appropriate to move this task to the end of the timeline.
Task 3: Originally envisioned as the final task within the Council-approved project scope, this task includes focused and prioritized updates to the City’s Zoning Code. The updates are anticipated to amend various sections of the Zoning Code to better reflect the community's values based on feedback from
SPECIAL CITY COUNCIL AGENDA ITEM NO. C.1
11/14/2023
Objective Design Standards
-Urgency Ordinance expires
May 12, 2024
-Council Workshop
December 12, 2023
-Community Outreach
Winter-Spring 2024
Focused Zoning Code Update
-Council Workshop
November 14, 2023
-Community Outreach
February/March 2024
Updates Required by
State Law
-Pending HCD approval of
Housing Element
-Likely begin Summer 2024
the community and City Council, including changes to some permitted and conditionally permitted uses throughout the city. Staff is recommending that the schedule for Task 3 be moved up to be conducted almost concurrently with Task 1. If the City Council is supportive of this change, staff anticipates moving forward with additional community outreach in February and March of 2024, followed by review by LUD, with final drafts to be presented to Planning Commission and the City Council in April or May of 2024.
In summary, the revised schedule would look like this:
FOCUSED ZONING CODE UPDATE PRIORITIES
Over the past year, staff has noted community, Planning Commission, and City Council comments in regards to desired updates to land use regulations in the Zoning Code. Based on these observations, staff has come up with the following uses that the City Council may want to address in Task 3 as part of the City’s focused update efforts:
1. Short term rental regulations
2. Alcohol sales regulations
3. Self-storage facilities
4. Carwashes
5. Gas stations
6. Drive-through uses
Staff is recommending that the City Council first confirm whether it would like to move forward with the above listed items as part of the focused zoning code update and, if so, provide the following clarification points.
It should be noted that although the City Council has prioritized restricting tobacco sales within the city, that is not included in the list. Work on new tobacco regulations is already moving forward on a separate path since it is likely to affect other Municipal
SPECIAL CITY COUNCIL AGENDA ITEM NO. C.1
11/14/2023
Code sections outside of the Zoning Code, and therefore will not be included as part of the focused Zoning Code Update.
1. Short Term Rental Regulations
The City’s Zoning Code currently only references short term rentals of a home in terms of allowing rooming and boarding in excess of 30 consecutive calendar days in residential zones. The Zoning Code does not currently reference renting portions of the property such as the backyard or pool. The Zoning Code does include a general provision requiring a Conditional Use Permit for all uses not specifically permitted or determined by the Zoning Administrator to be similar to a use permitted within residential zones (17.650.003 Accessory uses permitted). Staff has taken the position that renting a residence for periods shorter than 30 days or renting portions of the home such as the backyard or pool are not expressly permitted uses, and not similar to any permitted uses, and would therefore require a Conditional Use Permit. To date, the City has not received any formal applications for short term rentals, including backyard or pool rentals. The City Council has formally requested a future agenda item to address backyard rentals. Staff is recommending that the future agenda item be consolidated into the Zoning Code Update.
Direction needed:
1.a Does the City Council wish to move forward with updating the Zoning Code to further address short-term rental regulations, including renting of the home and/or rooms, as well as other portions of the property such as the backyard and/or pool?
1.b Is the City Council supportive of this effort moving forward as part of the Zoning Code Update?
1.c Would the City Council like staff to research prohibiting all future shortterm rentals, or to regulate their usage?
2. Alcohol Sales Regulations
The City’s Zoning Code currently has very limited alcohol-related regulations, and has little in the way of development standards that address alcohol sales. In a typical zone1, restaurants serving beer, wine, and full alcohol are permitted uses with service
1 There are currently 72 Planned Development (PD) zones, seven Office and Commercial zones, two Industrial/Commercial zones, and five Residential zones. In addition, there are currently three Specific Plans (PA-1, Downtown, and Brentwood Boulevard), that each have multiple residential and commercial sub-districts within each plan. Each zone and sub-district has a specific permitted and conditionally permitted use chart specific to that designation. As an informational business item, staff is only providing a summary of where specified uses are or may be and how they are typically regulated. Once staff is provided further direction, staff will be able to provide a zone by zone analysis of where uses are currently allowed and how that may be changed based on Council direction.
SPECIAL CITY COUNCIL AGENDA ITEM NO. C.1
11/14/2023
up to 10 p.m. Conditional Use Permits are typically required for bars or restaurants serving alcohol past 10 p.m. The City Council has formally requested a future agenda item to define schools relative to alcohol sales. Staff is recommending that the future agenda item be consolidated into the Zoning Code Update.
Direction needed:
2.a Does the City Council wish to move forward with updating the Zoning Code to further address alcohol sales regulations?
2.b Is the City Council supportive of this effort moving forward as part of the Zoning Code Update?
2.c Would the City Council like staff to research adding regulations to both permitted and conditionally permitted uses such as distances from schools (including defining a school) and parks?
2.d Would the City Council like staff to research adding any other regulations, outside of what was previously directed?
3. Self-storage Facilities
The City’s Zoning Code currently does not have any specific operational regulations or development standards related to self-storage facilities. Although permitted by right in a few zones throughout the city, self-storage facilities are typically conditionally permitted in most industrial zones.
Direction needed:
3.a Does the City Council wish to move forward with updating the Zoning Code to further address self-storage facility regulations?
3.b Would the City Council like staff to research prohibiting all future selfstorage facilities, or to regulate their operations (size, height, distance from other facilities), as well as impose additional design guidelines for their appearance?
3.c Would the City Council like staff to research adding any other regulations?
4. Carwashes
The City’s Zoning Code currently does not have any specific operational regulations or development standards related to carwash facilities. Carwash facilities are typically conditionally permitted in most commercial zones throughout the city.
SPECIAL CITY COUNCIL AGENDA ITEM NO. C.1
11/14/2023
Direction needed:
4.a Does the City Council wish to move forward with updating the Zoning Code to further address carwash facility regulations?
4.b Would the City Council like staff to research prohibiting all future carwash facilities or to regulate their operations (noise, distance from residential zones, or other similar facilities)?
4.c Would the City Council like staff to research adding any other regulations?
5. Gas Stations
The City’s Zoning Code currently does not have any specific operational regulations or development standards related to gas stations. Gas stations are typically conditionally permitted when allowed in commercial zones throughout the city.
Direction needed:
5.a Does the City Council wish to move forward with updating the Zoning Code to further address gas station regulations?
5.b Would the City Council like staff to research prohibiting all future gas stations or to regulate their operations such as imposing distance requirements from residential zones or other gas station facilities?
5.c Would the City Council like staff to research adding any other regulations?
6. Drive-through Uses
The City’s Zoning Code currently does not have any specific operational regulations related or development standards to drive-through uses. Drive-through uses are typically conditionally permitted when allowed in commercial zones throughout the city.
Direction needed:
6.a Does the City Council wish to move forward with updating the Zoning Code to further address drive-through use regulations?
6.b Would the City Council like staff to research adding regulations to drivethrough uses to regulate their usage, such as imposing distance requirements from residential zones, greater queuing requirements, or additional noise analysis requirements?
6.c Would the City Council like staff to research adding any other regulations?
SPECIAL CITY COUNCIL AGENDA ITEM NO. C.1
11/14/2023
7. Other Zoning Code Amendments
Task 3 of the Zoning Code Update is currently intended for focused updates and not a comprehensive review of the entire use chart for all of the zones within the city.
While staff has noted specific land uses mentioned by the City Council over the past few months, there may be additional areas or topics the City Council would like to include. Staff would like to better understand any additional areas that the City Council would like staff to research or evaluate for potential changes moving forward.
Direction needed:
7.a Would the City Council like staff to research adding any other regulations related to specific uses within the city?
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.
ATTACHMENT(S)
1. Previous Action
2. City Council Agenda Report – January 24, 2023
3. De Novo Approved Project Scope
4. Focused Zoning Code Update Priorities Summary
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 November 16 and 17, 2017, the City Council held workshops to discuss, deliberate, and direct staff on priorities and the allocation of financial resources for the development of a Strategic Plan initiative. The Council directed staff to initiate a comprehensive zoning ordinance update.
On February 27, 2018, the City Council adopted Resolution No. 2018-21 to approve the FY 2018/19 and FY 2019/20 City of Brentwood Strategic Plan, including Strategic Initiative 4.1.c, preparation of a comprehensive zoning ordinance update which has been continued over the past few years into the current Strategic Plan FY 2022/23 – FY 2023/24 (Focus Area 4: Land Use Planning, Goal 1: Implement Zoning Ordinance update).
On June 9, 2020, by Resolution No. 2020-73, the City Council adopted the City’s 2020/21 – 2024/25 Capital Improvement Program (“CIP”), which includes the Zoning Ordinance Update, CIP Project No. 337-37228.
On January 24, 2023, the City Council provided direction on reinitiating the City’s Zoning Code Update, including a new focused and phased approach that is to be scaled down in size and focused into specific tasks.
On May 23, 2023, the City Council approved a Professional Services Agreement with De Novo Planning Group to prepare and complete the Focused Zoning Ordinance Update and Objective Design Standards.
!
"
#$%&'()*+,-.,,+/0102*+34-5+/0/034+0+5+15+065748+59:,;/0+068/24<=2154>+571 ?@ AB@CDAEEFGDAEFF
@CGH@ICJEA
AKIDAEF
AJI?I
F
@LACH DC@FA F
AJI?I
F
@LACHHDMD MA
EAJIKA
NJAD EEAJIKA
NJAHI?AJIAD DOAJJD@KA
JJNEPAHEQRS
T
HI?FJICHI@DU
VWXWY%ZAIBA
[PA QAI@
\JA
#$%]Y%Z^JA_ID`@
ID aI
ACH@
@Bb@??IH
aAKAJ@F?AH
VcV#
c
b@??IH
aAd4e/=f405+,34g.4,5+068+598/.0-+e+0=.51022+34-5+/0/034+0+5+15+065748+59:, h@IPb@EAiFEHAOIHG?@ AB@CDAEEFGDAEFF
@CGUjGADHBB
AF@
HF
@KIEAD NCMP
@E@O@
MHGHODF
AKI@DJ
IIHIHAEDF
H@BHGAh@IPb@EAFEHAI
!
!k
!
lm
AC@??AEDAOB@CDAEEFGDAEFF
@CGOIHGAOHI?AJIAHGHICJEAD FGDAEEAJIKA
NJADmEEADC
INADDD@CIHAENEPAHI?FCHDUQHBBG@FADH@CC@?FJIDGHGA B@JJ@OIP@NLACHIKADHHGAb@CIJ?AAHIPn lU\ ADAHNCMP
@EIB@
?HI@@HGAh@IPb@EAiFEHA ICJEIPHGA@
IPIJJ
FF
@KAEF
@LACHDC@FAEE
BHO@
MF
@ECHF
AKI@DJ
F
AF
AEN
HG@
IoAE C@DJHH`IJJA
\JIP^DD@CIHADp`\^qU
UrH
@ECAE
ACAIKAEI
ACHI@@
AKIDAEF
AJI?I
F
@LACHDC@FA ICJEIP IH
@ECHI@@BF
AJI?I
F
@LACHHDMD MA
EAJIKA
NJAD EEAJIKA
NJAHI?AJIADU
"UsACAIKAEI
ACHI@@
AHIIPHGAA_IDHIPC@H
CHAEC@DJHH@
?@KIPB@
O
EOIHG AOC@DJHHB@
BH
AO@
M ICJEIPAO
ADIEAHIJtNLACHIKAaADIPQHE
ED ptaQqU
UsACAIKAEI
ACHI@@HHA?FHIPH@HIJIoA@
AF
F@DAO@
MF
@ECHF
AKI@DJ
F
AF
AE N
HGAC@DJHHEA
HGAF
AKI@DF
@LACHDC@FAU
uUsACAIKAEI
ACHI@@HGANEPAHI?FJICHI@DDD@CIHAEOIHGHGA
AKIDAEF
@LACHDC@FA
vUsACAIKAEI
ACHI@@
AKIDIPHGAQRS
T
HF
@LACHDC@FAIBHGA
AKIDAEF
@LACHDC@FAID DFF@
HAEU
#c
w
bIH
@BR
AHO@@EQH
HAPIC\Jxy
!
k
"zxy
!
"k
x@CD^
A n{EiDA\JIP T@Jlnr?FJA?AHh@IPt
EICAFEHAH@?IHIC@?FJICAOIHGQHHAJO ICJEIP EAKAJ@FIP@NLACHIKAEADIPDHE EDpQR""!C@?FJICAqU
Vc
w#
t|@KA?NA
lvEl}
!l} HGAbIH
b@CIJGAJEO@
MDG@FDH@EIDCDD EAJINA
HA E EI
ACHDHBB@F
I@
IHIADEHGAJJ@CHI@@BBICIJ
AD@
CADB@
HGAEAKAJ@F?AH@B QH
HAPIC\JIIHIHIKAUjGAb@CIJEI
ACHAEDHBBH@IIHIHAC@?F
AGADIKAo@IP@
EICA FEHAU
~
Attachment 2
!"
"!
#$%& '(
'& ') *
# + ,' % #% & '(
!
-.
-!
*/ *01 2 ( '
3 0)++4'
+
"
"
,' #
#
& $5&$6
' # ,'++
7 +7 +
8
9/'+ ##
:"
-
;<=>;?@AB<CDE?F=GE=HG;<=>IJKL
!
.
*!
M;DF<=DCNOFP?QGOGA=RP?SPDOTU;NRVWXYH<BH<ABC@EGJ=HG4' 2 )((Z
--
-
:
-
(# & /'+%8( '/ 58(/6 + 4' 2 +9[-M *M
( '++ Z
ZIJ) (
)(
8
-
\ ]%^ (+
7 #2 '
&+
( '++ Z (+
7 #2'
/
+'%#
8(/
_`abcdefgh
#$%4'
iHG;<=>IJB@PPGA=j?A<ASkPE<ADABG<JB?E<l<GEDJi<=CGmn<A=HGo@A<B<FDC;?EGDAEYDJ "
) #4' ++ + +
4'' #+
#++'3 (
'# 3 ( #'
' ' + ]
# + %
#+ BP<=<BDC=?DBH<GQ<AS=HGpGAGPDCRCDAIJQ<J<?Al?PAG<SHq?PH??EFPGJGPQD=<?ADAEGAHDABGOGA=X + + +
++
&$
( '3
]&$
( '3 (' +5(3(6
+
+ ' #' '' ' ' + # ++ + + +' ' ]' + ,r
#$%% '#[-
s' '
# '+ ' ,' + + 9 ' +'#
t
uvwxyzu{|} Attachment 2
!
"
" #
$%&%'()*+,-./(0%,.&&.1)*+&)$(.,2'()3)()%$(02(2-%'.&&%'()3%&45%,)*%52$67-).-)(47.&)'4 8-%2$9: ;
!
"
#
<
"#
= ;
"
"#
#
"" = ;
"
"
" #<
"
>
?@
#
#
"
= ;
!
>
><
=
A"
"
=
"
<
B
C*5%-(0%D)(4 $'E--%*(&42FF-.3%5+-2*(2FF&)'2().*G( ?
<#
#
<#
#
< #
"#
BH
""
?
"
"
>
!
A"
"
BH
""
##
>
"#
>"
"
A"
"
#
<#
B H
""
>
#
<#
"
#
B
#
""
>
>
#"
I
?
J"
"
K
L
B
K
7-.M%'( $
"
N O H
I
K
J"
"
>
"
#"
"
?
P!
##
P
>
>
"
"
>
Q
"
#
"#
>"
>
#"
#
BH
""
"
N O
""
"
" " #R
B
L
"
#
S
TUTS
> O "
"
"
A"
" "
I
K
"
L
"#
VLW
#
"
" "
##
" "
#
""
>"
O
#"
"
#
BJ
> "
"
" "
I
?
"
"
>
#"
#
!
#
#
O
#"
B
X
"
#
S> O "
I
K
J"
"
>
(0%D)(4D.E*')& $Y(-2(%+)'7&2**)*+5)$'E$$).*$)*
TUTTBH
>
>
"
TT
TUTT
>
"
I
K
J"
J"
#"
>
>
#"
"
BH
Z
[\]^_`[abc Attachment 2
!
"#$ %&'
&
(
)
'
&
&'
*
"
+
'
,-
+
.&'
/0
12345678962:126;7<= >8625?5@ABBC8<6D3;A@;5@5=5A=3;E=F3G6@5@?H6;37D;A=3IA8=6J3A<6KD23F3@85437D;A=3L MF3H6;3ND;A=3IA8625?5@ABBC3@45856@3;=6J3;545;3;A@;D2383@=3;5@;58<23=383<=56@8=6 3@AJB323453IA@;<6KK3@=D2562=6;343B6DK3@=6OA<6KDB3=3;2AO=G6@5@?H6;3O62 <6@85;32A=56@LMF3123B5K5@A2CP2AO=N83Q3?7BA=56@8IA8=F3O528=83<=56@;2AO=3;O6223453IE A@;IA8=6J3O6BB6I3;JC;58=25<=A@;<5=CRI5;3;343B6DK3@=8=A@;A2;8S5@<B7;5@?6JT3<=543 ;385?@8=A@;A2;8UA@;A;K5@58=2A=543D26<3;7238LMF3O6BB6I5@?;6<7K3@=8I323;2AO=3;JC V1>EAB=F67?F@6=ABB6O=F3;2AO=8I323O5@AB5W3;JC8=AOO62D2383@=3;=6=F3D7JB5<;73=6=5K5@? 588738X YG6@5@?H6;3ND;A=3Z16B5<C[88731AD32SD2383@=3;6@\3J27A2C]^E_`_]U 123B5K5@A2CP2AO=N83Q3?7BA=56@8SD2383@=3;6@VAC]aA@;b3D=3KJ32]E_`_]U Y>;K5@58=2A=543P2AO=G6@5@?P58=25<=P343B6DK3@=b=A@;A2;8S@3432D2383@=3;U Y>;K5@58=2A=543P2AO=H5=CI5;3P343B6DK3@=b=A@;A2;8S@3432D2383@=3;U MF3O528=83<=56@D2645;3;=6=F3H5=CO6223453IIA8=F3123B5K5@A2CP2AO=N83Q3?7BA=56@8 <FAD=32=FA=IA8D2383@=3;A=Ac52=7ABM6I@dABBF3B;6@VAC]aE_`_]EO6BB6I3;JCAe65@= 1BA@@5@?H6KK58856@A@;H5=CH67@<5B962:8F6D6@b3D=3KJ32]E_`_]ED2562=6=F3D26T3<= J35@?D7=6@F6B;LMF3123B5K5@A2CP2AO=N83Q3?7BA=56@88D3<5O53;IF5<FBA@;7838I67B;J3 D32K5==3;E<6@;5=56@ABBCD32K5==3;E62D26F5J5=3;5@3A<FW6@5@?;58=25<=5@=F3H5=CEA@;5@<B7;3; 8D3<5AB23f7523K3@=8E5OA@CEADDB5<AJB3=68D3<5O5<7838L [@A;;5=56@=6=F3123B5K5@A2CP2AO=N83Q3?7BA=56@8E=F3<6@87B=A@=FA;AB86J3?7@;2AO=5@? G6@5@?P58=25<=P343B6DK3@=b=A@;A2;8A@;H5=CI5;3P343B6DK3@=b=A@;A2;8=FA=I323@3432 D2383@=3;=6=F3H5=CH67@<5BL>8DA2=6O=F3G6@5@?P58=25<=P343B6DK3@=b=A@;A2;8E=F3 <6@87B=A@=FA;;2AO=3;5@5=5AB6JT3<=543;385?@8=A@;A2;8O622385;3@=5AB;343B6DK3@=L MF3I62:D26;7<=D23DA23;JC=F3<6@87B=A@==6;A=3IA8D23DA23;A8A<6KD23F3@8543@3I ;6<7K3@=A@;IA8@6=A@3;5=6O=F33g58=5@?G6@5@?h2;5@A@<3I5=F<FA@?38=2A<:3;L MF323O623E=F3KAT625=C6O=F3I62:58@6=783O7BO62AK623O6<783;7D;A=3D26T3<=Ld6I3432E 8=AOOJ3B53438=FA=D62=56@86O=F3;2AO=3;G6@5@?P58=25<=P343B6DK3@=b=A@;A2;8O622385;3@=5AB ;58=25<=8E;58<7883;BA=325@=F5823D62=EO5==F3<25=325A6O=F36JT3<=543;385?@8=A@;A2;8A@;KAC J3AJB3=6J37=5B5W3;A8AJA83O625@=325K6JT3<=543;385?@8=A@;A2;8=FA=I5BB@33;=6J3 <23A=3;=6J3<6KDB5A@=I5=Fb=A=3BAIL>==F3=5K3=F3D26T3<=IA8D7=6@F6B;E=F3625?5@AB <6@87B=A@=FA;J33@DA5;ADD26g5KA=3BCi]jkE```O62=F3I62:;6@3=6;A=3L lmnopnnmqr
126D683;Q34583;126T3<=b<6D3
sA83;6@D2345678;58<78856@8I5=FH67@<5BA@;=F37D;A=3;b=2A=3?5<[@5=5A=543E8=AOO 23<6KK3@;8=FA==F3G6@5@?h2;5@A@<3ND;A=3D26T3<=J38<AB3;;6I@5@85W3A@;O6<783;5@=6 8D3<5O5<=A8:8EA85;3@=5O53;O72=F325@=F5823D62=EIF5<FI5BBJ3<6KDB3=3;5@ADD26g5KA=3BC]_=6 ]kK6@=F8L
btuvvwxytzy{|}tx~|z||tutt|zt}
xyzyzyuyw|I5BB343@=7ABBC@33;A<6KD23F3@8543 7D;A=3=6J3<6@858=3@=I5=Fb=A=3BAIA@;D26O38856@ABJ38=D2A<=5<38EA@;=6J3I25==3@=6J3
Attachment 2
!
"
#
#
$
%
& '()*+(,-./012345607/28090)2:.;/(.<(1<),=
>?@
A
BCCDEFBGEHIJKLKGHMKNOMPEGGKQGRBGPBSBDDHJTMS?LEURGVBCCLHWBDX
& '()*+5,Y013(.0./45607/28090)2:.;/(.<(1<),#
?
& '()*Z,[\<(/0)]0^_210<5`;/(/0a(b(.</c0de_)2.:fg030./,h
i
#
j=
k
#
k j
& '()*l,me7_)0<(.<Y12e12/2n0<[\<(/0),h
i
o
#
#
#
% ?
=
#
#
'()*)+((.<+5p45607/28090)2:.;/(.<(1<)
A
q
$
q"
A
r
stuvwxsyzr{ Attachment 2
!
!"
#
$
%&'#
! !
(
%&''
)
*
+
&
%&,
-
'
(
.
"
&
%&,
/0
1
2%
$
3
4
*5
"
$
(6
789:;8<=>?@ABCDEF@G?BH@I@9BJ>K?8>L8AL9
MI@9GABN?BO>P&
&
%&,"
-
'$
+ 1
2%
+
%
%
.
QR
3
* 2
M7BCB>JP+
**
(S
-
'
TUVWTXYZZU[Z\]ZX]^]__`abT^(cYd\Ze]ffc`g]_h
MK?8iiB>JP+
.
QR
Mjk>LB>JPl
%&
789:;EmjB>8noOCNA@p@>9BH@DEF@G?BH@I@9BJ>K?8>L8AL9
M I@9GABN?BO>P3
*
( 6
l+ 1
2%
q
rstuvwrxyqq Attachment 2
!"#$%&'()!*!)+,-.%-./
0
1
2
0
1
2
3
4
56
7
-8"!)9,-"(":();<<9.!"#$%/(%!8(%-./(.%98(":-".(=8(%!/(."!-,/(>(,;'<(."
?
@
@
6
!."(8'8(""(8<!.;,;A#%9):-%B/(%!8-C,(D9-,!"!(%EF B);<'-"!C,(/(%!A.EF;8B-''8;'8!-"(,#%(.%!"!>(F=:!)::-%
@
0
1
2
G
1
@
H IJKJLMNO
3
3
6
P
PG
6
H QRSTTJLMNP
7
@
U
V 0
7
3
W
0
1
2
G
G
P
X1 P
XX
Y
Z
P
X[
P
\
V P
]
\
V ^
0
1
2
\
V 1
@
\
V^
_
X
3
3
3
H`aLbJLMN
PG
IScdeNfgbSRhcihjaJkhblmQRSRhnSoSLbRphqracJLMsthKhLR
H uhcvkJgRJrLN0
":( !"#$%
w
3
P
x y
6
W
Y
1
z
Z
[
P
6
\
6
3
3
O
{
|
z
}
~~
} Attachment 2
! "#$%
&&'
(
)*)+
)
,
-./00 "#$%
( (
&
'
(
1
23"4 "#$5
)
)
/678$29:36;4/"4<= 9= . >;4?@4/.;6
A;6:= @. 9"$
(
B
C
'
&&
D
&
'
'
E
'
(
'
%
'
F
(&&
G (
H
(
(
(
' (
I5
&
&&(
(
'
((
5
&
&&
(
(&
D
H
'
( D1
D
! "#$%
&&'
J
KL
)*)+'(
)*)M
E)*)M
-./00 "#$%
( (
&&
D
( &
B
(
(
1
&
(
23"4 "#$
+
'
)
N
O
(
&
N%O
P
5
)*QMB
R
(
P
5
'
((
N%OH
'(
B&
S
TUVWXYTZ[S\ Attachment 2
!
"
"
#
$
%&
"
'
(
)
* +
% ,
-
../0./112
131141.5131641/%
7893333
+78933337.:3333
'(1 7:83333
;
'(1
$
'
.3131.
)
<
7.:9893
<
7:82333
" <
71/333
) % ,
<
71/9333
)
:=% ,
(
%
<
>?@ABCDEFGHIGJ K@F?CB LMM?@NBHLOO@CPDI@G QF??BGD RSMBGHIDF?BT UBVPIGIGJ LOO@CPDI@G KWXY?PGD 7.:3333 7:/933371/9333 YBGB?POEFGH 7:83333 Z@DPO 7893333
[\]^_`ab ( * %
"
,
'(1
%
$
! )"::
)"1c
!
d
(
+
)
'
!
d
e
"
'(1
fghiijklmnoppmqrjqsporjitjqsgumvjgtwknxllmqgfyzh{{|jnhgjoqgonuhqsmgum{lo}mng
,
'
!%d
) %
$
" !%d
%
%
#
wk "
,
<7:82333
wk "
#
<
;
'(1
,
#
~
~ Attachment 2
!"#$%&'()*#(+,-
.
!"#/)",*0(+12/#*0#34"0
5 6
76
7
8
7
7 79:;
<=>???
7
@<AB???9:;
<
=???
C
DE
F
G
F
H
65:I
D
F
H
7
<A???? I
J
7<
>???G
F
H
;
65:I
G
6
76
G
6
7
<
???? DE
F
7
D
6
76
65:I
F
H
<
>???
5
6
76
6
76
D
<A????K>????
J
7<
>???
J
7<=>???KB>???
G
F
H
LE
D
MNOPQRS TUVWXVY ZOUNRQ
[\\NO]QW [^^OR_SXOV `UNNQVS ab\QVWXSUNQc dQe_XVXVY [^^OR_SXOV [WWXSXOV_^ TUVWXVYfQQWQW ZghiN_VS < ????<?<
???? iQVQN_^TUVW <A????<=>??? jklmnooo <A????p<>???? qOS_^ <A>???? <=>??? krmnooosktmnooo
.
!"#/)",*0(+u2v#('(w(,!xyz{+0|&0+ )#}+0$,#"0(%3~/ 5 6
76
8
79:; 5
D
J
7 <=
???
<AB???
9:;7
DE
F
5
>
7
J
7<
??@> <=
???C
9:;
7
7
7 DE
7
7
F
H
I
6
7
J
7<
AA??DE
J
7 <A??? F
H
8
D
J
Attachment 2
!
"#$%&'()*+,-+. /$*#'& 011#$2&,033$'4(-$+ 5*##&+( 671&+,-(*#&8 9&:4-+-+. 033$'4(-$+ /;<=#4+( >
?@@@@>ABC@@>!
DD@@ =&++)*+, >?D@@@@>EED@@>D@C@@
F$(43 >DB@@@@ >?AB@@@ >!AB@@@
)G/50HGI"05F
JK
L
MMN O
AP
A!!Q
!@!!R!
S!@!CR!A
M
>DB@@@@
!
>
?@@@@
N
>?D@@@@
T
UOV
W
>?AB@@@
W
MN
?
>AB@@@P>QB@@@
T
U
M
N
!
V
N
/XII09Y0Z[5\Z5HX/G\Z
JK
L
JK
]
T
M
N
^W^
N
^
D
"#$1$8&,F48_8 [&8'#-1(-$+ F-:-+. /(4``-+. )*+,-+. ? P
KN a
^bMc
d
?!@!
K
bMc
e
!
?PU
KN a
fghijkflfmlnofpqr
M
s
aT
Pt !@!
K
e
!
u
vwxyz{v|}u~ Attachment 2
!
" #$
%$ &'(%
)
$ *+
,-.
)
/)")
0 $!123
*
24
)!$
3)#5 ! 6
)4 4 $$
"
.
)
/)")
0 $!123
. 3378
&9&: 6
$
4 $ 2
)
)
2!)2 )$$$
)4 )42
)
,-$
) ;
$2#2- 2!,2 .<& !)
$ :'= 4 $
)
;
>
(%
)
$ = 4 $
%
)
$
$%442)
$$)
% 4
$
!
;2)! ? 33$$ )
?
-? 42 " #$
%$ =)22&9&:'. 33 &9&@ 6
$
4 $ 2
)
)
2!)2 )$$$
)4 )42
)
,-$
) /#2-
2!,2 .<&
$
A4 42 $ B$
)" 2
2#
)
22 "! ,C4
D$
?
-? 423
!E
FG*4D
4
4 33
D$
% C4
$4 %
&G*4D
4
)!
H$
!4
)4
4 $ 2
)
3 D! ")
"
)"4 $ 2
)
" #B42
!"$
)26,C4
DI$!.
)
)
$G
:G*4D
4
)
3%
!
2> % % $" #%
4 %D $2-%%)
,-
4 $ 2
)
%D $% C4
$4 %G
@G*4D
4
,
!
3%24)
$)$$ 4)
"
D$
% C4
$4 %G
JG*4D
4
D$!
.<'&K)
% C4
$4 %
D$
% C4
$4 %$ $ %%
G
L
)4
3
$E M22;2)!L$$ 4)
$L%% D
.4 % 8 # L<&9FF)
.<NA 3)
)20)
6,C4
DI$!.
)
)
$=LO
P
QRSTUVQWXPY Attachment 2
De Novo Planning Group
A Land Use Planning, Design, and Environmental Firm
DE NOVO PLANNING GROUP
1020 SUNCAST LANE, SUITE 106, EL DORADO HILLS, CA 95762 [email protected] | (916) 949- 3231
April 18, 2023
Alexis Morris, Director
Community Development Department
City of Brentwood
150 City Park Way
Brentwood, CA 94513
Via email: [email protected]
SUBJECT: Proposal to Prepare a Focused Zoning Code Update and Objective Design Standards Dear Ms. Morris,
On behalf of De Novo Planning Group, thank you for the opportunity to submit this proposal to prepare a focused update to the Brentwood Zoning Code and for development of Objective Design Standards. Based on our understanding of the project, our team’s extensive familiarity with Brentwood, and our experience preparing similar projects for agencies across California, we are confident that we can undertake this exciting project and deliver the City a complete, concise, and user-friendly Zoning Code Update and complimentary Objective Design Standards ontime and on-budget.
De Novo, along with our teaming subconsultant JZMK Partners, will provide the City with an energetic and dedicated group of professionals with exceptional planning and urban design skills and qualifications. We are 100% committed to this project and will allocate our resources and energy in a way that will exceed all expectations. Our goal is to serve as an extension of your staff in a capacity that will provide the tools, research, and professional knowledge to help create a modern Zoning Code and Objective Design Standards that will implement the vision of the City Council, staff, and the community.
Our team is ready and excited to address this topic for the City of Brentwood based on trusted research and innovative planning principles, and we will listen to the community to ensure that their values and priorities are reflected in this planning document. We work regularly with cities throughout California to undertake focused as well as comprehensive updates to their General Plans and Zoning Codes, and all of our ongoing Zoning Code projects address the California Government Code as it relates to planning and zoning regulations.
We truly appreciate being considered for this project. We are confident that our experience, record of success, local knowledge, and Principal-level attention to every project will prove to be extremely valuable to the City. We have the ability and are ready to take on the assignment. Ben Ritchie is the Principal contact and is authorized to sign agreements and bind De Novo Planning Group in our proposal. Mr. Ritchie can be reached at (916) 949-3231 or [email protected].
Sincerely,
DE NOVO PLANNING GROUP
Ben Ritchie, Principal
Attachment 3
2 PROJECT UNDERSTANDING AND APPROACH
We understand that the City of Brentwood is seeking a qualified land use planning consultant to assist with a focused update to its Zoning Code, including preparation of (1) Interim Objective Design Standards, (2) Comprehensive Objective Design Standards, (3) Amendments Required by State Law and the 2023-2031 Housing Element, and (4) Other Prioritized Amendments.
The Zoning Code Update must address amendments triggered by changes to State law and the updated 2023-2031 Housing Element, particularly the preparation of Objective Design Standards for residential and mixed-use development. We also understand that the project schedule is driven by the necessity to adopt Objective Design Standards in a timely manner. The Zoning Code Update will be prepared in accordance with California Planning and Zoning Law.
Given that the project is an update to an existing regulatory document to comply with new laws and reinforce existing policy direction, and is not anticipated to result in any direct or indirect physical changes to the environment, we anticipate the project will be covered by the common sense exemption pursuant to CEQA Guidelines Section 15061(b)(3), which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. De Novo will prepare the Notice of Exemption as part of this project.
SCOPE OF WORK
We have prepared the following work plan based on our experience working on similar Focused Zoning Code Update projects throughout California, including those triggered by 6th Cycle Housing Element Updates. All work products will be delivered in an electronic format to reduce waste; where hardcopies of products are to be provided, they are specifically identified in the associated task deliverable.
TASK 1: PROJECT ADMINISTRATION
1.1 PROJECT KICK-OFF MEETING AND SCHEDULE DEVELOPMENT
Within one week of receiving a notice to proceed, De Novo will conduct a virtual kick-off meeting via Zoom with City staff to refine the project work scope and to discuss roles and responsibilities, project schedule, data collection needs, and document review procedures. The work scope will be refined based on our discussions and critical project milestones, and a clear project schedule will be established. The De Novo Principal and Principal Planner and the Project Manager from JZMK will participate in the kick-off meeting. We will prepare the meeting agenda, as well as a meeting summary identifying project goals and follow-up action items.
1.2 PROJECT COORDINATION
For the duration of the project, De Novo’s Principal Planner will conduct bi-weekly Zoom meetings/conference calls with City staff to promote project coordination and close collaboration. These meetings/calls will allow the team to review project status, to discuss issues and documents, and plan presentations. This task also involves the time necessary for management and administration of the project, including invoicing and progress reports.
Task 1 Deliverables:
• Kick-off meeting with City staff (virtual)
Attachment 3
3 • Kick-off meeting agenda and summary
• Project schedule with updates as needed
• Data needs list
• Bi-weekly meetings/conference calls with City staff (virtual) TASK 2: OBJECTIVE DESIGN STANDARDS
Based on the timing of new State housing legislation including AB 2011 and SB 6 (both effective July 1, 2023), the City intends to first move forward with Interim Objective Design Standards (immediately) followed by a more detailed and graphically-oriented set of Comprehensive Objective Design Standards.
2.1 INTERIM OBJECTIVE DESIGN STANDARDS
The consultant team (De Novo and JZMK) will prepare a set of Interim Objective Design Standards that will act as a temporary measure to meet State law in a timely manner while the Comprehensive Objective Design Standards (see Task 2.2) are being developed. The Interim Objective Design Standards may utilize work already initiated by the City and will only provide minimum enforceable standards until comprehensive standards can be implemented. The consultant team will prepare an Administrative Draft of the Interim Objective Design Standards for review by City staff. City staff will provide one consolidated set of comments on the Administrative Draft and the consultant team will prepare the Final Interim Objective Design Standards based on this feedback.
Task 2.1 Deliverables:
• Administrative Draft and Final Interim Objective Design Standards (Word and PDF)
2.2 COMPREHENSIVE OBJECTIVE DESIGN STANDARDS
To ensure that residential development and mixed-use projects continue to deliver high-quality design and appropriate site planning and amenities, and are compatible with surrounding neighborhoods and the community, the consultant team will prepare Comprehensive Objective Design Standards. The main objectives of this task will be to update the City’s Specific Plans and current Residential Design Guidelines. The Comprehensive Objective Design Standards will include text and graphics that will guide prospective developers and/or users in the uniform accomplishment of the desired objective design standards. Based upon feedback from the City and community input, the consultant team will create streamlined objective design standards for developers and City staff to use. Subjects for each covered may include:
a. Approved land use type;
b. Development ratios, density, height, massing and form; c. Building setback and easements;
d. Building frontages;
e. Entrances;
f. Building materials;
g. Open space and site amenities;
h. Landscaping;
i. Site access and parking;
j. Pedestrian circulation;
Attachment 3
4 k. Development incentives and bonuses, if any;
l. Affordable housing requirements, if any.
Preparation of the Comprehensive Objective Design Standards will involve public participation in order to gain valuable input and feedback, as further described under Task 5. The consultant team will prepare an Administrative Draft of the Comprehensive Objective Design Standards for review by City staff. City staff will provide one consolidated set of comments on the Administrative Draft and the consultant team will prepare the Final Comprehensive Objective Design Standards based on this feedback.
Task 2.2 Deliverables:
• Administrative Draft and Final Comprehensive Objective Design Standards (Word and PDF) TASK 3: AMENDMENTS REQUIRED BY STATE LAW AND THE 2023-2031 HOUSING ELEMENT
3.1 AMENDMENTS REQUIRED BY STATE LAW AND THE HOUSING ELEMENT Recent changes to State law and various legal decisions have created inconsistencies between the City’s current Zoning Code and State law that require amendments to the Zoning Code (e.g., Accessory Dwelling Unit Ordinance, changes related to SB 9). Furthermore, additional amendments will be identified as part of the ongoing Housing Element Update. These are anticipated to include changes to the Density Bonus Ordinance and Transitional and Supportive Housing regulations, among others.
Based on input received from City staff, De Novo will prepare a draft annotated outline of the key areas of the Zoning Code impacted by new State law and the requirements for implementation of the Housing Element. After staff review, we will discuss any desired changes and direction for the preparation of the Zoning Code amendments. De Novo will prepare an Administrative Draft of the amendments for review by City staff. City staff will provide one consolidated set of comments on the Administrative Draft (inclusive of City Attorney review) and De Novo will prepare the Final Amendments Required by State Law and the Housing Element Update based on this feedback.
Task 3 Deliverables:
• Draft Format and Outline
• Administrative Draft and Final Amendments Required by State Law and the Housing Element Update (Word and PDF)
TASK 4: OTHER PRIORITIZED AMENDMENTS
4.1 OTHER PRIORITIZED AMENDMENTS
De Novo will prepare amendments to various sections of the Zoning Code to better reflect the community’s values, based on feedback from the community and City Council. These prioritized updates may include:
• Changes to permitted and conditionally permitted uses (e.g., self-storage facilities, carwashes, and gas stations)
• Restricting tobacco sales
Attachment 3
5 • Revisions to review and approval processes and procedures such as modifying the current public hearing notification procedures
• Revisions to the Zoning Code pertaining to gentrification and displacement prevention As further described under Task 5, community outreach for this task will include a community workshop followed by Planning Commission and City Council study sessions before work begins in earnest (also see Task 7 regarding public hearings for adoption). All updates will utilize the existing Zoning Code to make focused redline changes that can be clearly identified and articulated, providing transparency throughout the process. De Novo will prepare an Administrative Draft of the amendments for review by City staff. City staff will provide one consolidated set of comments on the Administrative Draft (inclusive of City Attorney review) and De Novo will prepare the Final Prioritized Amendments based on this feedback.
Task 4 Deliverables:
• Administrative Draft and Final Prioritized Amendments (Word and PDF) TASK 5: COMMUNITY ENGAGEMENT
At the heart of comprehensive planning is community engagement, whereby those who will directly experience the benefits and potential impacts of implementation have a role in shaping their future. Our team recognizes that good community outreach meets people where they are, and provides flexibility in both timing and the avenues through which input is gathered. Certain community members may not have the desire or ability to participate in certain aspects of the engagement process. It is our job to make the content as accessible and relevant as possible, enabling participation from all community members, including those who do not traditionally participate in this type of public process.
5.1 COMMUNITY WORKSHOP
In conjunction with Task 4, a Community Workshop will be held to introduce the community to the project and will focus on: 1) communicating the intent of the project to the public and inviting public input; and 2) identifying community priorities about land uses, development standards, processes and procedures, etc.
5.2 STUDY SESSIONS WITH PLANNING COMMISSION AND CITY COUNCIL Throughout the process it will be necessary to provide information to and receive feedback from the Planning Commission and City Council on a number of topics, including the Comprehensive Objective Design Standards and the prioritization of elective (vs. required) code amendments. We recommend hosting study sessions at the outset of both Task 2.2 and Task 4 for both the Planning Commission and City Council during regularly scheduled meetings to discuss these topics.
5.3 STUDY SESSIONS WITH LAND USE AND DEVELOPMENT COMMITTEE (OPTIONAL) As the City’s Land Use and Development (LUD) Committee reviews items relating to major land use, community development, and housing policy topics, including zoning matters, it may be appropriate to host study sessions with the LUD Committee for both Task 2.2 and Task 4 to discuss these topics.
Attachment 3
6 Task 5 Deliverables:
• One (1) Study Session with PC and one (1) Study Session with CC (for Comp. Objective Design Standards) • One (1) Community Workshop (for Other Prioritized Amendments) • One (1) Study Session with PC and one (1) Study Session with CC (for Other Prioritized Amendments) • OPTIONAL: Two (2) Study Sessions with Land Use and Development Committee TASK 6: ENVIRONMENTAL REVIEW
6.1 CEQA CATEGORICAL EXEMPTION
Given that the project is an update to an existing regulatory document to comply with new laws and reinforce existing policy direction, and is not anticipated to result in any direct or indirect physical changes to the environment, we anticipate the project will be covered by the common sense exemption pursuant to CEQA Guidelines Section 15061(b)(3), which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. De Novo will prepare the Notice of Exemption to support the approval. Pursuant to CEQA Guidelines Section 15062, the Notice of Exemption will include a brief project description, finding that the project is exempt from CEQA, and a brief statement of reasons to support the finding. However, if through the work program it is determined preparation of a Categorical Exemption is not the appropriate CEQA clearance document, we will work with the City to identify the appropriate documentation and the associated work program and fee.
Task 6 Deliverables:
• CEQA Notice of Exemption (PDF)
TASK 7: PUBLIC HEARINGS
De Novo will lead the public hearing process for review and approval of the Focused Zoning Code Update and Objective Design Standards.
7.1 PUBLIC HEARINGS
De Novo’s Principal or Principal Planner will attend four (4) public hearings related to adoption of the Focused Zoning Code Update and Objective Design Standards – one each with the Planning Commission and City Council for the Comprehensive Objective Design Standards and State Law and Housing Element Amendments, and one each with the Planning Commission and City Council for the Other Prioritized Amendments. De Novo will prepare and present staff reports and PowerPoint presentations for the hearings. We will submit the materials electronically to City staff for review prior to each hearing. City staff will be responsible for public notices. Any additional hearings will be billed on a time and materials basis at the written direction of City staff.
Task 7 Deliverables:
• Facilitation of four (4) public hearings with Planning Commission and/or City Council Attachment 3
7 PROJECT SCHEDULE
We have provided a realistic schedule based on our experience with Focused Zoning Code Updates and Objective Design Standards. However, we understand there may be timing considerations that need to be addressed; therefore, we anticipate further discussion with the City as part of the kick-off meeting to better understand any scheduling needs, including City review times. Our team has a strong history of accommodating and meeting specific scheduling needs of our clients. We proactively work with our clients to accommodate scheduling requests and establish expectations through the identification of key milestones, interdependent tasks, and responsibilities.
Kick-off Meeting: Within 1 week of contract/notice to proceed Project Schedule: 10 days from kick-off meeting
Interim Objective Design Standards: Adoption by July 1, 2023 Comprehensive Objective Design Standards: Adoption by March 31, 2024 State Law and Housing Element Amendments: Adoption by March 31, 2024 Other Prioritized Amendments: Adoption by September 30, 2024 Community Engagement: As described under Task 5
Public Hearings: In conjunction with adoption dates
Attachment 3
8 PROJECT BUDGET
See attached.
Attachment 3
De Novo Planning Group
Cost Proposal - Brentwood Focused Zoning Code Update & ODS Design Direct Costs
Hours $210 Hours $185 Hours $150 Hours $130 Hours $115 Hours Fee Fee Task 1.1: PROJECT KICK-OFF MEETING AND SCHEDULE DEVELOPM 2 $420 4 $740 0 $0 0 $0 6 $690 12 $1,850 $1,500 $3,350 Task 1.2: PROJECT COORDINATION 12 $2,520 20 $3,700 0 $0 0 $0 0 $0 32 $6,220 $3,500 $9,720 TASK 1 SUBTOTAL 14 $2,940 24 $4,440 0 $0 0 $0 6 $690 44 $8,070 $5,000 $0 $13,070 Task 2.1: INTERIM OBJECTIVE DESIGN STANDARDS 4 $840 12 $2,220 24 $3,600 32 $4,160 0 $0 72 $10,820 $10,820 Task 2.2: COMPREHENSIVE OBJECTIVE DESIGN STANDARDS 8 $1,680 24 $4,440 44 $6,600 24 $3,120 20 $2,300 120 $18,140 $85,000 $103,140 TASK 2 SUBTOTAL 12 $2,520 36 $6,660 68 $10,200 56 $7,280 20 $2,300 192 $28,960 $85,000 $0 $113,960 Task 3.1: AMENDMENTS REQUIRED BY STATE LAW AND THE HOU 16 $3,360 24 $4,440 60 $9,000 40 $5,200 20 $2,300 160 $24,300 $24,300 TASK 3 SUBTOTAL 16 $3,360 24 $4,440 60 $9,000 40 $5,200 20 $2,300 160 $24,300 $0 $0 $24,300 Task 4.1: OTHER PRIORITIZED AMENDMENTS* 18 $3,780 40 $7,400 82 $12,300 52 $6,760 20 $2,300 212 $32,540 $32,540 TASK 4 SUBTOTAL 18 $3,780 40 $7,400 82 $12,300 52 $6,760 20 $2,300 212 $32,540 $0 $0 $32,540 Task 5.1: COMMUNITY WORKSHOP (1) 6 $1,260 12 $2,220 4 $600 8 $1,040 8 $920 38 $6,040 $5,000 $3,000 $14,040 Task 5.2: STUDY SESSIONS WITH PC (2) AND CC (2) 16 $3,360 32 $5,920 0 $0 8 $1,040 8 $920 64 $11,240 $1,800 $13,040 TASK 5 SUBTOTAL 22 $4,620 44 $8,140 4 $600 16 $2,080 16 $1,840 102 $17,280 $5,000 $4,800 $27,080 Task 6.1: CEQA CATEGORICAL EXEMPTION** 4 $840 16 $2,960 0 $0 0 $0 0 $0 20 $3,800 $3,800 TASK 6 SUBTOTAL 4 $840 16 $2,960 0 $0 0 $0 0 $0 20 $3,800 $0 $0 $3,800 Task 7.1: PUBLIC HEARINGS (4) 16 $3,360 22 $4,070 4 $600 4 $520 0 $0 46 $8,550 $1,800 $10,350 TASK 7 SUBTOTAL 16 $3,360 22 $4,070 4 $600 4 $520 0 $0 46 $8,550 $0 $1,800 $10,350 Subtotals 102 $ 21,420 206 $ 38,110 218 $ 32,700 168 $ 21,840 82 $ 9,430 776 $ 123,500 $ 95,000 $ 6,600 $ 225,100 TOTAL PRELIMINARY FEE $225,100
Optional Expansion of Task 4.1 $16,550
Optional Study Sessions with LUD Committee (2) 8 $1,680 20 $3,700 0 $0 6 $780 6 $690 40 $6,850 $1,500 $8,350 TOTAL NOT-TO-EXCEED FEE $250,000
*At this time, the scope of work associated with Task 4.1 is still to be defined. The "total preliminary fee" represents an estimate of the minimum number of hours required. Based on direction from Staff, this scope could be expanded, so long as the total fee shall not exceed the amount listed. **If through the work program it is determined preparation of a Categorical Exemption is not the appropriate CEQA clearance document, De Novo will work with the City to identify the appropriate documentation and the associated work program and fee.
De Novo hourly rates represent fully burdened rates. Subconsultants and Direct Costs are billed at no markup. De Novo reserves the right to reallocate budget between team members and between tasks, provided the overall project budget does not change.
Principal Planner/
Project Manager TOTALS
Senior Planner Assistant Planner/ De Novo Subtotals
GIS TOTALS
TASK 3: AMENDMENTS REQUIRED BY STATE LAW AND THE 2023-2031 HOUSING ELEMENT TASK 1: PROJECT ADMINISTRATION
Printing/
Mailing/
TASK/ACTIVITY Translation
ACTIVITY
TASK 4: OTHER PRIORITIZED AMENDMENTS
JZMK
TASK 2: OBJECTIVE DESIGN STANDARDS
Associate Planner
TASK 5: COMMUNITY ENGAGEMENT
TASK 6: ENVIRONMENTAL REVIEW
TASK 7: PUBLIC HEARINGS
Principal
Attachment 3
Attachment 4
Focused Zoning Code Update Priorities
Question Notes
1. Short Term Rental Regulations
1.a Does the City Council wish to move forward with updating the Zoning Code to further address short-term rental regulations?
1.b Is the City Council supportive of this effort moving forward as part of the Zoning Code Update?
1.c Would the City Council like staff to research prohibiting all future short-term rentals, or to regulate there usage?
2. Alcohol Sales Regulations
2.a Does the City Council wishes to move forward with updating the Zoning Code to further address alcohol sales regulations?
2.b Is the City Council supportive of this effort moving forward as part of the Zoning Code Update?
2.c Would the City Council like staff to research adding regulations to both permitted and conditionally permitted uses such as distances from schools (including defining a school) and parks?
2.d Would the City Council like staff to research adding any other regulations?
3. Self-storage Facilities
3.a Does the City Council wish to move forward with updating the Zoning Code to further address self-storage facility regulations?
3.b Would the City Council like staff to research prohibiting all future self-storage facilities, or to regulate their operations (size, height, distance from other facilities) as well as impose additional design guidelines for their appearance?
3.c Would the City Council like staff to research adding any other regulations?
Attachment 4
4. Carwashes
4.a Does the City Council wish to move forward with updating the Zoning Code to further address carwash facility regulations?
4.b Would the City Council like staff to research prohibiting all future carwash facilities or to regulate their operations (noise, distance from residential zones, or other similar facilities)?
4.c Would the City Council like staff to research adding any other regulations?
5. Gas Stations
5.a Does the City Council wish to move forward with updating the Zoning Code to further address gas station regulations?
5.b Would the City Council like staff to research prohibiting all future gas stations or to regulate their operations such as imposing distance requirements from residential zones or other gas station facilities?
5.c Would the City Council like staff to research adding any other regulations?
6. Drive-through Uses
6.a Does the City Council wish to move forward with updating the Zoning Code to further address drive-through use regulations?
6.b Would the City Council like staff to research adding regulations to drive-through uses to regulate their usage, such as imposing distance requirements from residential zones, greater queuing requirements, or additional noise analysis requirements?
6.c Would the City Council like staff to research adding any other regulations?
7. Other Zoning Code Amendments