Brentwood City Council
February 13, 2024

Brentwood City Council
March 13, 2023

The updated Housing Element includes a very cursory response to Discovery Builders' September 26, 2022 comments. The Third Draft Element characterizes the comments as a single question2
: "Why was the site at the western stub of Sand Creek Road not included as an opportunity site?" The City responds: "The City did not include project [sic] currently in review.

Only Projects that received approval were included. Table B-1 show [sic] the City has an appropriate buffer for its RHNA, and any additional residential projects to develop would still count toward the City's RHNA." (Third Draft Element at C-22). This statement is factually untrue as the Third Draft Element's Suitable Sites Inventory includes PA-1 parcels and PD-49 parcels, neither of which are "projects that received approval." Both are speculative projects which the City assumes, without any evidence, will be developed in the future, even though neither have a current project application.

The Third Draft Element also includes a chart of all sites that were included in the Fifth Cycle Suitable Sites Inventory, and analysis regarding the inclusion of such sites in the Sixth Cycle. (Third Draft Element at Attachment 6B (PDF p. 388)). This chart includes the Bridle Gate project site, but states: "Based on multiple General Plan land use designations and acreage uncertainty, this parcel is not being included in 6th Cycle." Again, the City's reasoning here is flawed. The Suitable Sites Inventory includes parcels within PA-1 and PD-49, both of which have land use or zoning designations allowing for commercial uses. As the City clearly recognizes, there is no rule that sites with designations allowing for uses other than residential cannot be included in the Suitable Site Inventory. Furthermore, there is no "acreage uncertainty" at the Bridle Gate project site. Numerous City-produced documents, including Environmental Impact Report SCH#2019080071, list the acreage of the Bridle Gate project site. The City's internal reasoning is inconsistent, and appears to violate constitutional guaranties of equal protection.

Again, in the absence of any other explanation, the only logical conclusion for Discovery Builders to reach is that the City's intent in excluding the Bridle Gate project site from the Suitable Sites Inventory is to avoid upzoning the Bridle Gate project site, as required by Government Code section 65583.2(c). The City's unwillingness to upzone the Bridle Gate project site is not an appropriate basis for the City to purposefully avoid listing it in the Suitable Sites Inventory. In fact, it constitutes bad faith. The project would assist the City in meeting its share of RHNA, which is the stated purpose of the City's 2023-2031 Housing Element. (Third Draft Element, p. 1-2.)

2 The City does not fully respond to Discovery Builders' September 26, 2022 comments, which included very detailed analysis and comment regarding the suitability of the PA-1 parcels and PD-49 parcels for development at the unit capacity assumed under the Draft. The City must provide a more detailed response to our comment, pursuant to HCD's mandate that City's final housing element must summarize all public comments and describe how they were considered and incorporated into the Final Element. (HCD Letter at Appendix, p. 15).

Brentwood City Council
March 13, 2023

IV. The Third Draft Element fails to provide sufficient low-income housing.

The Third Draft Element incorporates a revised count of Suitable Sites for extremely lowincome, very low-income, and low-income units. The City includes 689 total extremely lowincome, very low-income, and low-income units in the Third Draft Element's Suitable Sites Inventory, 686 of which are on sites which are either projected ADUs or currently vacant land on that the City predicts can be developed in future years. (Third Draft Element at Table B-1). As the Third Draft Element notes, this gives the City a 9 percent buffer over its RHNA-required 634 extremely low-income, very low-income, and low-income units.

Given the uncertainty of future development, HCD guidance recommends that a Housing Element's suitable sites inventory contain at least 15-30 percent more capacity than strictly required, to ensure that jurisdictions do not inadvertently violate state law if housing developments anticipated under the housing element do not come to fruition. 3 The Third Draft
Element fails to provide sufficient capacity to meet HCD's recommended buffer, and on that ground alone, should not be adopted by the City Council. * * *
The City has a legal duty to adopt a Housing Element which complies with State Housing Element law. The HCD Letter provides specific guidance to the City on how its Housing Element may become compliant. However, the City continues to ignore to this guidance in the Third Draft Element, as demonstrated by its continued reliance on unrealistic capacity and affordability assumptions in the Third Draft Element's Suitable Sites Inventory in a misguided attempt to satisfy the City's moderate-income and low-income housing requirements.

The Bridle Gate project, meanwhile, has already submitted a complete SB 330 application to the City, which includes 29 moderate-income units — more than 10 percent of the City's required share of moderate-income units. Use of the Bridle Gate project in the Third Draft Element's Suitable Sites Inventory would not require any of the faulty capacity and affordability assumptions that rendered the Second Draft Element non-compliant with State law, and threaten to do the same to the Third Draft Element.

3 California Department of Housing and Community Development, Division of Housing Policy Development, "Memorandum regarding No Net Loss Law Government Code Section 65863", October 2, 2019 at P. 5 (available at https://www.hcd.ca.gov/community-development/housingelement/housing-element-memos/docs/sb-166-final.pdf.).

Brentwood City Council
March 13, 2023

The City should not adopt a Housing Element that fails to correct the specific issues that HCD has already identified in previous drafts. Accordingly, we urge the City Council to deny the amendment to the General Plan (GPA23-001) and direct City Staff to develop a Housing Element that addresses the deficiencies identified in these comments, Discovery Builders' September 26, 2022 comments, and HCD's January 13, 2023 letter.

Sincerely,
Niran S. Somasundaram
Sean R. Marciniak
CC: Clients
Katherine Wisinski, Assistant City Attorney, City of Brentwood Mehrsa Imani, Housing Policy Analyst, HCD
Brian Heaton, Senior Housing Accountability Manager, HCD

ATTACHMENT 1

Hanson Bridgett LLP
425 Market Street, 26th Floor, San Francisco, CA 94105
NIRAN S. SOMASUNDARAM
E-MAIL [email protected]

ELLIS RASKIN
E-MAIL [email protected]
September 26, 2022
VIA ELECTRONIC MAIL ONLY [email protected]
Erik Nolthenius
Planning Manager
City of Brentwood
150 City Park Way
Brentwood, CA 94513
Re: Comments on Public Review Draft of the 2023-2031 (6th Cycle) Housing Element Dear Mr. Nolthenius:

As you know, our law office represents Discovery Builders, Inc. and WCHB Development, LLC (collectively referred to herein as "Discovery Builders") in connection with the housing development project in the City of Brentwood (the "City") commonly known as the Bridle Gate Project Subdivision 9586 ("Bridle Gate" project). The Bridle Gate project, as currently proposed, consists of 286 single-family residences, including 29 units set aside for below-market-rate households.

We write to comment on the Public Review Draft of the 2023-2031 (6th Cycle) Housing Element. In particular, we wish to comment on the City's decision to exclude the Bridle Gate project site (Assessor Parcel Nos. 019-082-009 and 019-082-010) from Table B-8 of the Brentwood 6th Cycle Site Inventory (the "Suitable Sites Inventory").

The Bridle Gate project site is conspicuously absent from the City's Suitable Sites Inventory, despite its inclusion in the City's suitable sites inventory for the Housing Element during previous cycles. The City's decision to exclude the Bridle Gate site from its Suitable Sites Inventory undermines the City's mandate to provide diverse housing inventory, including sufficient single-family homes, for moderate-income households throughout the entirety of the 6th Cycle. This exclusion also highlights the fact that there are insufficient realistic, alternative housing proposals on the City's planning horizon that would provide enough moderate-income units to satisfy the City's assigned Regional Housing Needs Allocation ("RHNA"). Pursuant to Government Code section 65580, the City must prepare a realistic inventory of sites within the City that can accommodate future housing development to meet its RHNA requirement.

In the absence of any explanation as to why the City would purposefully exclude a site it knows is positioned to accommodate residential development in the near future, it appears the City is attempting to avoid Government Code section 65583.2(c). That code section mandates that any vacant site that remains undeveloped after being listed on two prior suitable sites inventories must allow residential use by right for housing developments in which at least 20 percent of the units are affordable to lower income households. It also mandates upzoning to allow at least 30 units per acre. We understand the City and our client are currently entangled in two litigations,

Erik Nolthenius
September 26, 2022

and we hope City staff has not excluded the Bridle Gate site to further frustrate and illegally delay development of housing on the site. If the City is in fact attempting to avoid the mandates under Government Code section 65583.2(c), it is also undermining state efforts to ensure availability of housing, which the legislature has determined is of "vital statewide importance." (Gov. Code, § 65580).

Bridle Gate project background.

For more than 20 years, Discovery Builders had worked collaboratively with the City to entitle a residential project on a largely undeveloped 137-acre property located west of Highway 4 (known as Assessor Parcel Nos. 019-082-009 and 019-082-010). The City Council first approved a previous iteration of the Bridle Gate project in 2006; however, no portion of the 2006 iteration underwent development because necessary utility and roadway infrastructure was stubbed to the property. The City and Discovery Builders elected to not proceed with the 2006 iteration of the Bridle Gate project, and Discovery Builders spent the next decade refining, in concert with City staff a mixed-use residential and commercial project, incorporating community feedback.

In 2015, the City of Brentwood's 5th Cycle included the Bridle Gate site on its "Inventory of Single Family Sites." In 2017, Discovery Builders submitted a new application for a project consisting of parkland, a future school site with a residential overlay, 252 single-family residences, a 258-unit apartment complex, and 20 acres of commercial development.

In late 2020 and early 2021, Discovery Builders met with senior City staff, including the City Manager and Planning Manager, in an attempt to obtain a favorable staff recommendation at the City Council hearings for the project. Staff ultimately agreed to support the project, but only on the condition that Discovery Builders remove multi-family residential development in the northern portion of the project site and replace them with commercial uses. Accordingly, Discovery Builders proposed an alternative where commercial uses would replace multi-family uses in the project plans. This revision halved the total number of housing units proposed, from 510 to 252. Despite this change and even with City staff support, the City Council ultimately unjustifiably denied the 2017 application at two March 2021 hearings.

As the City knows, Discovery Builders then filed a Petition for Writ of Mandate and Complaint for Violation of Civil Rights and Declaratory Relief against the City. The lawsuit is based, in part, on allegations that two City Councilmembers who voted against the project should have recused themselves for reasons of bias, given they had campaigned for office based on derogatory statements against the proposed development.

On October 21, 2021, Discovery Builders submitted a preliminary application under SB 330 for a revised iteration of the Bridle Gate project, consisting of 292-unit residential units. Discovery Builders later revised the application to include 286 single-family residences to accommodate more park land. Of the 286 proposed single-family residences, 29 units will be set aside for below-market-rate households, specifically moderate-income households. This Bridle Gate project application is currently pending before the City. However, due to the City's continued attempts to frustrate and delay the Bridle Gate project application, including insistence that the project must comply with non-existent and non-objective zoning provisions in violation of the Housing Accountability Act, Discovery Builders had no choice but to file a Petition of Alternative

Erik Nolthenius
September 26, 2022

Writ of Mandate and Peremptory Writ of Mandate against the City for failing to comply with State law.

It appears the City is taking multiple, coordinated steps to prevent development at the Bridle Gate property for reasons unrelated to sound planning principles.

The City's exclusion of the Bridle Gate site from the Suitable Sites Inventory threatens its compliance with State law.

Pursuant to the RHNA requirements approved by the California Department of Housing and Community Development ("HCD"), the City must construct 1,5221 housing units during the 6th (2023-2031) Housing Element Cycle. (See Gov. Code, § 65580, et seq.) Of these 1,522 units, 402 must be for very low-income households, 232 must be for low-income households, 247 must be for moderate-income households, and 641 must be for above-moderate income households.

Under state law, the City's Suitable Sites Inventory must be sufficient to satisfy the City's RHNA requirement for all income levels. In fact, the City of Brentwood is prohibited from allowing its inventory to fall below its remaining unmet share of the regional housing need for lower and moderate-income households. (Gov. Code, § 65863(a)). If the City finds that its remaining sites are insufficient to accommodate its remaining housing needs at any time during the 6th Cycle planning period, the City must take immediate action to correct the shortfall by amending its housing element sites inventory to increase capacity by either adding previously unidentified sites or rezoning remaining sites to correct for the shortfall. (Gov. Code, § 65863(b)).

For this reason, HCD guidance recommends that a suitable sites inventory contain at least 15-30% more capacity than is strictly required, to ensure that jurisdictions do not inadvertently violate state law if housing developments anticipated under a housing element do not come to fruition.
2 Critically, a city has the burden of producing a realistic site inventory — not a theoretical list that simply pencils out on paper. State law provides that a city must identify "vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level …." (Gov. Code, § 65583(a)(3), emph. added.) As evidenced below, the City here has failed to demonstrate its list of residential housing sites is in fact realistic.

Currently, the City's Public Review Draft 6th Cycle (2023-2031) Housing Element, or "Draft Housing Element," lists 968 units that are currently approved or under construction, the vast majority of which are for above moderate-income units (i.e., the “Pipeline Projects”). The Draft

1 While the majority of the Public Review Draft of the 2023-2031 (6th Cycle) Housing Element correctly states that the City's RHNA obligation is 1,522 units, several tables in the Public Review Draft and its appendices appear to erroneously states that the City's RHNA requirement is 1,552 units, including Table B-1.
2 California Department of Housing and Community Development, Division of Housing Policy Development, "Memorandum regarding No Net Loss Law Government Code Section 65863", October 2, 2019 at p. 5 (available at https://www.hcd.ca.gov/community-development/housing-element/housingelement-memos/docs/sb-166-final.pdf).

Erik Nolthenius
September 26, 2022

Housing Element lists zero Pipeline Projects for moderate-income households, despite the fact that the Bridle Gate project, which has a pending development application, could position the City to meet its RHNA requirement with far more certainty. (Draft Housing Element, p. B-6, Table B-1; B-4). None of the units relied on by the City are even subject of any current development application before the City, as documented by the City of Brentwood's List of Active Development Projects.
3 Instead, the Draft Housing Element relies entirely on projected future development to satisfy the City's moderate-income RHNA requirements. This future development is a combination of:
(1) estimated future development of accessory dwelling units ("ADUs") based on a three-year average of past production, and (2) available capacity in specific plan areas or existing residentially zoned sites with no currently approved residential projects. Using a combination of these predicted actions, none of which are guaranteed to happen and some of which are not reasonably foreseeable, the City concludes that it will have the capacity to construct 337 moderate-income units, in excess of the 247 required. (Draft Housing Element, p. B-3, Table B-1). There is substantial evidence the City's Suitable Sites Inventory violates Government Code section 65583(a)(3) insofar as it does not include "vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality's housing need for a designated income level" and must include "an analysis of the relationship of zoning and public facilities and services to these sites." (Emph. added.) The City's optimistic projections of future construction assume that, or the 337 moderate-income units contemplated, 41 units will consist of ADUs, 228 units will be built in the Priority Area One ("PA-1") Specific Plan area, and 68 units will be built on existing residentially zoned parcels, specifically within sub-area B of the Planned Development 49 ("PD-49") zone. (Id.) First, there is a potentially significant timing issue, in that the PA-1 Specific Plan, which would include the lion's share of moderate-income units, likely will not undergo complete buildout until at least 2038, which is eight years after expiration of the Draft Housing Element's planning horizon. This issue is explored in greater detail below.

Another significant issue is that the City assumes the foregoing numbers based on an estimation that developers of all of these sites will reserve 15% of units for moderate-income households. The City, however, does not attempt to explain or support this assumption. (Draft Housing Element, p. B-10). The City's affordability requirement is 13%, and only 6% of units must be allocated to moderate-income households. (Brentwood Municipal Code §

17.725.003(B)&(D), as amended by Ord. 1041.) Assuming that 15% of future development will include moderate-income units appears unreasonable, especially given that developers also must, per City ordinance, additionally make available 4% of units to low-income households and 3% of units to very low-income households. (See id.)
The recent history of approved and constructed residential projects within the City confirms the assumption of 15% moderate-income units is far too high. As documented in Appendix B, Table B-4 of the Draft Housing Element, the eight projects currently in the Project Pipeline each include 0% of units for moderate-income households. In the current RHNA cycle (2015-2023), a total of 3,3031 housing units have been built, with 59 units for moderate-income household.

3 City of Brentwood's List of Active Development Projects (available at https://www.brentwoodca.gov/government/community-development/planning/development-projects).

Erik Nolthenius
September 26, 2022

(April 14, 2022 Staff Report for Joint Workshop Agenda Item Number 2, Table 1). This data demonstrates that over the last cycle, about 1.8% of constructed units have been reserved for moderate-income households. While the City acknowledges it historically did not enforce a high inclusionary requirement, there has been no substantive uptick in moderate-income housing proposals since the City updated its inclusionary housing ordinance in 2020. In fact, its historical approval of 1.8 percent has flattened to zero percent, judging by the present Project Pipeline.4 Overall, City provides no justification or explanation as to why it expects the rate of moderate-income housing to rise so drastically in coming years.

The City also neglects to account for its preference for commercial development over necessary housing units – an important factor under applicable, analytical methodologies.

As a corollary to the rule that a city must identify realistic capacity, HCD provides that a "capacity calculation must be adjusted to reflect the realistic potential for residential development capacity on the sites in the inventory." (HCD Site Inventory Guidebook, p. 20 (May 2020), emph. added.) Where a site has "the potential to be developed with nonresidential uses … these capacity limits must be reflected in the housing element … For example, if past production trends indicate that two out of three similar sites were developed for commercial use, an initial estimate of the proportion of new development which is expected to be residential would be two-thirds, i.e., 0.67." (Id. at 20-21; see also November 22, 2021 HCD letter to City of Lake Forest re: City of Lake Forest's 6th Cycle (2021-2029) Draft Housing Element, Appendix A, page 35
["To demonstrate realistic capacity on [sites where zoning allows for non-residential uses], the element must analyze and account for the likelihood of residential development in the zones that allow 100 percent nonresidential uses. The analysis should be based on factors such as development trends, performance standards or other relevant factors."]).

On this point, the history of the Bridle Gate project serves as important data point. As discussed above, the Bridle Gate project originally proposed 258 multi-family units, but senior City staff, presumably with the input of elected leaders, told our client that obtaining a favorable staff recommendation would require that our client replace multi-family uses with commercial uses, even though the Bridle Gate site is ideally located for residential land uses, due to its proximity to existing services and job centers (within 0.3 miles). The City has prioritized establishing uses that create more jobs and tax revenue — e.g., commercial and other nonresidential development — which had material effects on Discovery Builder's own residential development plans. (See September 1, 2020 Staff Report, Item No. 2, Packet Pg. 12, attached hereto as Exhibit 1, and most pertinent City determinations included in footnote 6, below.)6 This very real

4 Further, section 17.725.004 of the City's municipal code authorizes a developer to satisfy inclusionary requirements with "alternative equivalents," including via the dedication of vacant developable land or construction of affordable units on another site. Certainly some developers will elect these alternative equivalents—a viable possibility that has not been factored into the calculus. 5 Letter available at: https://www.hcd.ca.gov/community-development/housingelement/docs/oraLakeforestdraftOUT112221.pdf. 6 In cautioning against allowance of 258 multi-family units on the Bridle Gate site, the City's report provided as follows: "While it would enable the development of multi-family housing, it would also result in the loss of limited commercially zoned land in the city, and the attendant loss of sales tax revenue that helps maintain the quality of life that Brentwood residents and visitors enjoy. It would likewise preclude the development of that land for employment purposes, another City priority, given the percentage of residents who commute to their work outside city limits each day." The City further concluded that

Erik Nolthenius
September 26, 2022

preference could similarly influence the future buildout of other sites the City has identified as suitable for moderate-income housing. For instance, sub-area B of PD-49 permits, as a matter of right, commercial and employment uses that include general retail sales, services uses, and professional and business offices. (Brentwood Municipal Code § 17.499.003(A)&(C).) The City has failed, too, to account for this variable in identifying sites.

There are other issues with the City's analysis of the suitability of sites identified for provision of moderate-income housing:
• It is unclear whether the City evaluated site viability based on factors that include proximity to transit, access to schools, access to job centers, access to amenities (such as parks and community centers), access to services (such as grocery stores, shopping, and restaurants), access to health care facilities, and other factors identified by HCD. (See HCD Site Inventory Guidebook, pp. 9-10 (May 2020).) Sites might be suitable in light of such factors, but the City has not shown its work in these respects. • It does not appear the unit yield on selected sites is accurate or in line with methodologies accepted by HCD. For instance, yield counts for the three sites in subarea B of PD-49 are calculated by multiplying the total gross acreage by the maximum density permitted under the zoning code. (Draft Housing Element, p. B-13, Table B-8, at rows 8-10). However, the yield count for each PA-1 Specific Plan site is calculated by multiplying the total amount of "buildable acreage" (which in most cases is equivalent to total gross acreage for the site) by the midpoint density between the maximum and minimum densities permitted under the PA-1 Specific Plan. (Id. at B-13, Table B-8 at rows 1-7.) The City's Draft Housing Element lacks the facts required to support the City's selection of expected densities. HCD recommends determining unit yield by multiplying expected density by site acreage only if the expected density matches a given site's minimum density requirement, as determined in its zoning. (HCD Site Inventory Guidebook, p. 19 (May 2020).) Further, "to meet this standard on a zone that allows for multiple uses, the general plan or zoning must require the specified minimum number of residential units on the identified sites regardless of overlay zones, zoning allowing nonresidential uses, or other factors potentially impacting minimum densities." (Id.) Otherwise, a city must use a more thoughtful methodology set forth by HCD, and which includes an analysis of factors such as maximum lot coverage, height, open space, parking, on-site improvements required, and floor-area ratios. (Id. at pp. 19-20.) By contrast, if a city assumes a certain percentage of a site's maximum allowable density will be achieved for the Housing Element's calculation of residential capacity, it must demonstrate what specific trends, factors, and other evidence lead to its assumptions.7
(See, e.g., January 14, 2022 HCD letter to City of West Covina re: City of

establishing residential uses instead of commercial "could be found to be inconsistent with [General Plan Policy eED-25] … and that the "city's land use plan skews heavily residential. The further loss of commercial land to additional residential use could be found to be inconsistent with maintaining a balanced land use plan and a diversified, stable, and self-sustaining revenue base in order to generate the resources necessary to sustain essential and desired City services, as the loss of commercial use here would result in the attendant loss of associated sales tax revenue." 7 The City's selection of sites also seems to assume placement of High and Very High Density land uses adjacent to Residential Low and Very Low Density land uses, without discussing or analyzing the potential for public or political opposition to such projects that could lead to unit count reductions. While

Erik Nolthenius
September 26, 2022

West Covina's 6th Cycle (2021-2029) Draft Housing Element, Appendix A, pages 2-3.)8

The City has provided no evidence to support its decision to assume maximum densities in calculating property yields.
• It is unclear the City has evaluated environmental and other constraints on all of the sites identified. For instance, the City does not appear to have consistently accounted for the impact of wetlands and other jurisdictional waters in calculating buildable acreage among the various sites. Other constraints that the City has not appeared to account for include, without limitation, right of way necessities, and stormwater detention, and biotreatment requirements. The City must identify and account for portions of otherwise buildable area needed to support these necessary site improvements. (See, e.g.

December 3, 2021 HCD letter to City of West Hollywood re: City of West Hollywood's 6th Cycle (2021-2029) Draft Housing Element, Appendix A, page 5.)9 To this end, our client's planning team has conducted a preliminary analysis of various sites considered through the Draft housing Element process as suitable for moderate-income housing by the City, and identified the following constraints that would materially affect buildable area on those sites and in turn reduce the total unit counts:
• With respect to PD-49:
o Sub-area B sits adjacent to a streambed with intermittent water flows that likely qualify as federal or state jurisdictional waters, and are identified as such on the National Wetlands Inventory. (See Screenshot of National Wetlands Inventory, attached hereto as Exhibit 2.) The presence of jurisdictional waters often limits the developable area in light of setbacks, environmental protection regulations, and mitigation requirements (see, e.g., East Contra Costa County Habitat Conservation Plan & Natural Community Conservation Plan, Table 6-2.). The City appears to have appreciated this constraint in calculating some site inventories,10 and so it is unclear why this factor was not accounted for in reviewing PD-49.

such land use compatibility issues are not "objective" standards under the Housing Accountability Act, to the extent residential units are proposed in a mixed use configuration, a given project might not qualify for such protections, allowing the City to reject a proposal on these grounds. 8 Letter available at: https://www.hcd.ca.gov/community-development/housingelement/docs/LanWestCovinaDraftOut011422.pdf. 9 Letter available at: https://www.hcd.ca.gov/community-development/housingelement/docs/lanWestHollywoodDraftallfindings120321.pdf. 10 For instance, the property designated as Very High Density (APN# 019092046, Id. at B-13, Table B-8 at rows 6 and 7) within the PA-1 Specific Plan is adjacent to Sand Creek (a streambed with intermittent water flows that likely qualify as federal or state jurisdictional waters, and are identified on the National Wetlands Inventory). It appears that the City assumed a reduction in buildable acreage for this site, insofar as it acknowledged that only 10 acres of the 32.63-acre parcel was buildable, but other sites do not appear to be analyzed with an eye towards similar constraints.

Erik Nolthenius
September 26, 2022

o The three sites within sub-area B of PD-49 also have site drainage constraints, as there appears to be no stormwater infrastructure bordering the site, including along the site's eastern border along John Muir Parkway. (See COB Map, attached hereto as Exhibit 3).

The three sites may require land for biotreatment areas, which are not discussed by the City and would reduce the buildable area. • The PA-1 Specific Plan (APN# 019092046, 2483 Old Sand Creek Road) presents potentially significant scheduling issues, and the site has drainage constraints and biotreatment requirements which are not discussed by the City, as follows:
o It is unclear that this development's units will be built within the Draft Housing Element's planning horizon, which sunsets in year 2031. Per the PA-1 Specific Plan EIR, buildout of the property will entail at least 6,200 days, which is equivalent to almost 17 years. (See, e.g., PA-1 Specific Plan Draft EIR, p. 3.7-30 [Table 3.7-4], where all environmental review for the project is incorporated herein by this reference.), The Draft Housing Element should address how a project with a construction schedule that concludes no earlier than 2039 will provide sufficient housing with a housing cycle that ends eight years earlier, in 2031.
o The site has a high potential flood risks given its proximity to special flood hazard areas pursuant to the National Flood Insurance Program.

Furthermore, the entirety of the PA-1 site is adjacent to a streambed with intermittent water flows that likely qualify as federal or state jurisdictional waters, and are identified on the National Wetlands Inventory. Accordingly, any project at the site would likely require dedication of land for Sand Creek and most likely a stormwater detention basin to protect against flood risks. The City's calculation of residential capacity assumes a reduced buildable area on-site, but without further detail, it is not possible to determine whether the City's assumptions are sufficient to accommodate the above constraints.

To the extent the City revisits other sites it previously determined were eligible to accommodate moderate-income housing,
11 these properties also involve complications
that would materially affect density and reduce buildable area (and might explain why such sites did not appear in the latest iteration of the Draft Housing Element):
• APN # 019040031 (2401 Empire Avenue) would require right of way dedications, possible tree protection easements, a shared private drive easement, and require land to provide for biotreatment of stormwater .

11 See City's initial Draft Site Inventory Excel Sheet presented at the July 21, 2022 City Council Housing Element Update Workshop (Agenda Item A). None of the constraints listed hereafter were discussed in the Staff Report for the July 21, 2022 City Council Housing Element Update Workshop.

Erik Nolthenius
September 26, 2022

• APN # 019040033 (2391 Empire Avenue) would require possible tree protection easements, a shared private drive easement, and would require land to provide for biotreatment of stormwater.
• APN # 018190018 (Sunset Rd.) would require right of way dedications, a possible detention basin to address insufficient drainage capacity, and would require land to provide for biotreatment of stormwater. • APN # 01870003 (Brentwood Blvd.) would require land to provide for biotreatment of stormwater. The site would also require three points of public road access to support the assumed number of units pursuant to the City of Brentwood Engineering Procedure Manual, which would be challenging giving the buried nature of the site, and may necessitate a reduction in the total number of units the site could support.
• APN# 016120024 (Brentwood Blvd.) would require a possible detention basin to address insufficient drainage capacity, and would require land to provide for biotreatment of stormwater. It also appears to have limited points of access reducing permitted unit count pursuant to the City of Brentwood Engineering Procedure Manual.
• APN # 016150114 (Brentwood Blvd.) would require right of way dedications, a possible detention basin to address insufficient drainage capacity, would require land to provide for biotreatment of stormwater have potential water quality issues, and has cross access and park easements on approximately half the site.

The assumed densities for all sites also fail to analyze how developments would satisfy Quimby Act requirements for park dedications, which could further reduce buildable area on the sites.

In addition to the City failing to demonstrate the Suitable Sites Inventory contains sufficient capacity for moderate-income housing, the City has failed to show that its list of sites could accommodate a diversity of housing product, as favored by State policy and as called for in the City's own Draft Housing Element.

The Bridle Gate site remains one of the City's only viable option for single-family, affordable housing units. Both the PA-1 and sub-area B of PD-49 are particularly ill-suited to provide for any moderate-income single-family housing. For instance, sub-area B of PD-49 is only permitted to contain "medium to high to very high density multifamily residential" units on site. (Brentwood Municipal Code § 17.499.003(D)). Of the three districts within the PA-1 Specific Plan Area that the City notes allow residential units, only one district (the High Density Residential District) permits single-family housing.

It is important for any City to ensure that below-market-rate units consist of a diversity of housing types, and not just multi-family apartments of condos. Having a diverse housing stock helps reduce or remove the stigma traditionally associated with affordable housing. Per HCD's guidelines, a city should take "meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns …" (HCD Site Inventory Guidebook, p. 8 (May

Erik Nolthenius
September 26, 2022

2020.) As the City notes in its Draft Housing Element, "providing a variety of housing units at all affordability levels is critical in ensuring all community members have their needs met." (Draft Housing Element, p. 2-4) (emph. added). As currently constituted, the Suitable Sites Inventory cannot achieve this critical goal for moderate-income households. It envisions affordable housing existing almost entirely in the form of multi-family housing, which does not result in integrated and balanced living patterns as envisioned.

Overall, the City has work to do, to meet its legal burdens. Its Suitable Sites Inventory does not include a single moderate-income housing unit under current consideration in the Project Pipeline, and the assumptions underlying its capacity analysis of other sites are plagued by practical obstacles and unrealistic expectations. Given these problems, it is puzzling that the City would fail to include the Bridle Gate proposal — a project with an SB 330 application currently pending before the City — in its Suitable Sites Inventory. Furthermore, as currently constituted, the City's Suitable Sites Inventory has extremely limited capacity for moderateincome single-family housing. The Bridle Gate project's 29 units set aside for moderate-income single-family units are much closer to approval and construction than many of the other moderate-income household projects in the City's Suitable Sites Inventory, and Bridle Gate should be included in the City's 2023-2031 Housing Element to give the City the greatest chance of satisfying its share of RHNA.

The City should not exclude the Bridle Gate project solely to avoid a by-right residential project or upzoning of the Bridle Gate site.

It is unclear why the City has failed to include the Bridle Gate property on the Suitable Sites Inventory, given that inclusion of the project would aid the City in satisfying its obligation to prepare a legally-compliant Housing Element.

However, it is possible that City's intent is to avoid upzoning the Bridle Gate site, as required by State law. Under Government Code section 65583.2(c), if a particular site has been listed in two or more consecutive planning periods and that site was not approved for development, then the site cannot be listed as suitable site to accommodate any portion of the City's low-income or very low-income unit requirements unless the site is "subject to a program in the housing element requiring rezoning within three years of the beginning of the planning period to allow residential use by right for housing developments in which at least 20 percent of the units are affordable to lower income households." Further, any such site must be zoned at an allowable density of at least 30 units per acre, an increase over the density currently permitted on the Bridle Gate site. (Gov. Code, § 65583.2 (c)(3)(B)(iv)).

The City's unwillingness to upzone the Bridle Gate site is not an appropriate basis for the City purposefully avoid listing it in the Suitable Sites Inventory. The project would assist the City in meeting its share of RHNA, which is the stated purpose of the City's 2023-2031 Housing Element. (Draft Housing Element, p. 1-2).
* * *
The 2023-2031 Housing Element, as currently constituted, risks failing to accommodate the City's share of RHNA. The City's plan to provide moderate-income housing relies almost entirely on the hope of future production of multi-family developments and ADUs, where the capacity identified is not realistic. The Bridle Gate project, meanwhile, has already submitted a complete

Erik Nolthenius
September 26, 2022

SB 330 application to the City, which includes 29 moderate-income units, over 10% of the City's required share of moderate-income units. The City's decision to exclude the Bridle Gate site only serves to hurt its efforts to satisfy its RHNA obligations, and in turn hurts the statewide efforts to provide sufficient housing for all California residents. Accordingly, we urge the City to revise the 2023-2031 Housing Element to include Bridle Gate property in the Suitable Sites Inventory.

Sincerely,
Ellis Raskin
Attorney
Niran S. Somasundaram
Attorney
cc: Katherine Wisinski, Assistant City Attorney, City of Brentwood Alex Contreras, Policy Analyst, HCD
Lisa Frank, Housing and Community Dev. Specialist, HCD
Sean Marciniak, Esq., Hanson Bridgett LLP
Clients

EXHIBIT 1

STAFF REPORT

PLANNING COMMISSION REGULAR MEETING OF
SEPTEMBER 1, 2020
PREPARED BY:

PROJECT DESCRIPTION:

GENERAL PLAN:

ZONING:

OWNER/APPLICANT:

PREVIOUS ACTIONS:

Debbie Hill, Senior Planner
[email protected]
Item No. 2, A development agreement (DA 19-001)
setting forth specific terms for development of the
Bridle Gate project, a General Plan amendment
(GPA 17-001) to change the land use designation
for 13. 98 acres of the 137 .3-acre project site from
Regional Commercial to Planned Development for
up to 256 multi-family residential units and
designating two separate areas as Park, along with
an amendment to the Circulation Element for the
extension of San Jose Avenue, a rezone (RZ 17-
004) amending the Planned Development No. 36
(PD-36) Zone to accommodate the General Plan
amendment and amend the development
standards, a vesting tentative subdivision map
(VTSM 8506) to create 252 single-family residential
lots, two parks, two parcel for bio-retention, one
11 .35-acre school site with an additional 63-lot
overlay should the school site not be developed,
one 13.98 acre multi-family site, and one 18.72-
acre regional commercial site, a design review (DR
17-007) for the architecture for five home plans,
utilities, landscaping, and related improvements for
the low-density residential lots, and a design review
(DR 17-008) for the architecture for the multi-family
portion of the site. The project site is located west
of State Highway 4, south of Old Sand Creek Road,
and north of San Jose Avenue (APNs 019-082-007
and 019-110-076)
R-LD (Residential-Low Density), RC (Regional
Commercial, P-OS (Permanent Open Space), and
P (Park)
Planned Development No. 36
WCHB Development, LLC; Discovery Builders, Inc.
2 Packet Pg. 7

► At its meeting of April 19, 2005, the Planning Commission held a public hearing on a request for a General Plan Amendment (GPA 01-01), a Rezone (RZ 05-04), a Development Agreement (DA 04-02), a Vesting Tentative Subdivision Map (VTSM 8606) for 166 residential lots, and a Design Review (DR 01-02) for the Bridle Gate project and continued the item to a date uncertain.
► On April 27, 2005, Discovery Builders appealed the Planning Commission continuance to the City Council.
► On May 24, 2005, the City Council continued a public hearing on the appeal to its meeting of June 14, 2005, due to noticing requirements. ► On June 14, 2005, the City Council held a public hearing on the appeal and referred the project back to the Planning Commission for additional consideration. ► On November 1, 2005, the Planning Commission held a public hearing on General Plan Amendment (GPA 01-01), a Rezone (RZ 05-04), a Development Agreement (DA 04-02), a Vesting Tentative Subdivision Map (VTSM 8606) for 166 residential lots, and a Design Review (DR 01 -02) for the Bridle Gate project and requested staff to prepare the necessary resolution for denial of the general plan amendment and rezone. ► On November 15, 2005, the Planning Commission adopted Resolution No. 05-82 denying General Plan Amendment No. 01-01 and Rezone No. 05-04. ► On January 10, 2006, the City Council held a public hearing to consider the appeal by Discovery Builders and directed staff to prepare the necessary resolutions for approval of the appeal.
► On May 23, 2006, the City Council held a continued public hearing on the appeal and approved the mitigated negative declaration, General Plan amendment, and introduced and waived the first reading of the ordinance for the Rezone, by Resolution Nos. 2006- 124 and 2006-125 and Ordinance No. 827, respectively, and referred the development agreement, vesting tentative subdivision map, and design review application back to the Planning Commission for action.
► On June 6, 2006, the Planning Commission held a public hearing and approved Development Agreement No. 04-02, Vesting Tentative Subdivision Map No. 8506, and Design Review No. 01 -12 by Resolution Nos. 06-47, 06-48, and 06-49, respectively for the Bridle Gate 166-lot residential project.
► On August 18, 2020, the Planning Commission voted unanimously to continue the public hearing to its meeting of September 1, 2020, for a Final Environmental Impact Report, General Plan Amendment No. 17-001, Rezone No. 17-004, Development Agreement No. 19-001, Vesting Tentative Subdivision Map No. 8506, Design Review No. 17-007, and Design Review No. 17-008 for the Bridle Gate project.

BACKGROUND:

The Bridle Gate project in its previous form was originally submitted to the City in March of 2001 and was subsequently approved in June of 2006. At that time, the project sought approval for 166 residential lots, and included a General Plan amendment, rezone, vesting tentative 2 Packet Pg. 8

subdivision map, and design review. The map and design review approvals expired in 2013, leaving the General Plan amendment and rezone in place.

After entertaining other project concepts, the developer officially submitted a new application to the City in June of 2017for a substantially revised version of the Bridle Gate project. Since that time, staff has been working with the applicant to move forward with a development project for the 137-acre project site.

As discussed below, the current version of the project increases the proposed number of homes threefold from what is currently allowed, including multi-family project units, reduces the commercial acreage of the site by approximately 14 acres, and allows for the development of a new elementary school site.

Detailed Project Description
The current iteration of the proposed project includes a request for the following entitlements:
► A Final Environmental Impact Report to disclose the environmental impacts of the project, in accordance with the California Environmental Quality Act; ► A development agreement (DA 19-001) setting forth the duration of the agreement, permitted uses and density of the project, requisite development standards, community benefits to be provided by the applicant, and additional terms and conditions regarding development of the project;
► A General Plan amendment (GPA 17-001) to change the land use designation on 13.98 acres of the project site from Regional Commercial (RC) to Planned Development (PD) with the intent of developing this acreage with up to 258 multi-family apartment units. In addition, the project site currently includes area designated 'Park' by the General Plan.

This 'Park' area would be relocated and divided into two separate 'Park'-designated sites totaling 4.3 acres on the project site. Finally, an amendment to the General Plan's Circulation Element is needed to allow the proposed San Jose Avenue extension to terminate at a new intersection with Sand Creek Road;
► A rezone (RZ 17-004) to amend the development standards within Planned Development 36 to accommodate the residential, commercial, and open space uses of the project;
► A vesting tentative subdivision map (VTSM 8506) to subdivide the property into 252 single-family residential parcels, an 11 .35-acre elementary school site (or, alternatively, a residential overlay that could accommodate an additional 63 single-family units if development of the school does not occur), two park parcels, four parcels for stormwater bio-retention, a multi-family parcel, a commercial parcel, and open space areas; ► A design review (DR 17-007) for the single-family homes to be constructed on the single-family parcels consisting of five models with three elevations each ranging in size from 2,251-3,416 square feet; and
► A design review (DR 17-008) for up to 258 apartment units to be constructed on the proposed new multi-family parcel, consisting of 11 three-story apartment buildings 2 Packet Pg. 9

containing between 12-36 units each, and consisting of 84 one-bedroom units and 174 two-bedroom units.

Surrounding Land Uses
North - The Innovation Center@ Brentwood (formerly known as Priority Area One) zoned for Employment Center/Light Industrial
East - State Highway 4 and The Streets of Brentwood and Sand Creek Crossing commercial developments beyond
South - Brentwood Hills single-family residential subdivision (TSM 7882 and 8676) West - City of Antioch, designated as Open Space/Senior Housing in Antioch's General Plan The central and western portions of the project site contain moderately sloping hillsides along a northwesterly trending ridge. The northeastern and eastern portions of the site consist of gently easterly sloping topography ranging in elevation from approximately 120 feet above mean sea level (msl) to approximately 160 feet above msl. The highest elevation at the site is along the ridge in the southwestern portion of the site, at an approximate elevation of 230 feet above msl.

ANALYSIS:

General Plan Amendments
The General Plan is the City's land use constitution. All land use projects seeking approval within the city must either be consistent with the City's General Plan as proposed, or request approval for changes to the General Plan that would make the project consistent.

General Plan amendments. In order to approve the Project, three General Plan amendments would be needed:
► Conversion of commercial to residential. First, according to the General Plan, the Project site is currently designated with a mix of Open Space (primarily along the ridgelines), Park, Residential-Low Density, and Regional Commercial. In order to accommodate the proposed multi-family portion of the proposed development, a land use designation change is being requested for a 13.98-acre area at the northwest corner of the project site. This change would change the General Plan designation of this acreage from Regional Commercial to Planned Development in order to allow for up to 258 multi-family apartment units to be constructed. The remaining 18.72 acres designated as Regional Commercial are not proposed for any land use changes. (See Figures 1 and 2 below.) ► Division and relocation of Park land. Second, the area currently bearing a General Plan land use designation of 'Park' will be relocated and divided into two separate 'Park'- designated sites, totaling 4.3 acres. (See Figures 1 and 2 below.) ► Roadway reconfiguration. Third and finally, the Circulation Element of the General Plan currently includes a figure (Fig. CIR-1) that establishes the required design of the City's circulation system. Figure CIR-1 will need to be amended to allow the proposed San Jose Avenue extension to terminate at a new intersection with Sand Creek Road, which itself is being extended and will terminate at a temporary turnaround at the western project site boundary, ultimately to be extended westerly into Antioch by others in the future.

Figure 1
2 Packet Pg. 10

Current General Plan Land Use Map
Project Site
R-LD
P-0S
Figure 2
Proposed General Plan Amendments to
R-H D
-t
fvJ JUt R-VI
~
- . -
Convert Commercial to Residential and Divide and Relocate Park land In order to approve any requested General Plan amendments, the City must be able to determine that the request meets the following four criteria:

1. The amendment is deemed to be in the public interest; 2 Packet Pg. 11

Division and relocation of the Park parcels could serve the public interest, as it would locate parks closer to the residential developments they will serve. Likewise, the reconfiguration of the San Jose Avenue extension will serve the public interest by facilitating travel across the project site to the proposed Sand Creek Road extension. Whether the conversion of 14 acres of commercial area to multi-family use is in the public interest is a policy decision that the City Council must weigh. While it would enable the development of multi-family housing, it would also result in the loss of limited commercially zoned land in the city, and the attendant loss of sales tax revenue that helps maintain the quality of life that Brentwood residents and visitors enjoy. It would likewise preclude the development of that land for employment purposes, another City priority, given the percentage of residents who commute to their work outside city limits each day.

2. The amendment is consistent and/or compatible with the rest of the General Plan; While it is true that no project will necessarily be consistent with every General Plan goal and policy, and some weighing of priorities is allowed by the City in assessing minor deviations, amendments that are diametrically opposed to the existing, unchanged aspects of the General Plan are not supportable under the law. The table below analyzes the requested General Plan amendments against selected goals and policies in light of the question of consistency.

Table 1
General Plan amendment consistency analysis
General Plan requirement Consistent?
Conversion of Policy ED 2-5: Ensure that an Given that the proposed amendment commercial to adequate inventory of vacant would reduce the amount of commercial residential industrial, commercial, office, and land in the city's inventory and convert it business park land is designated, to residential use, such an action could zoned, and maintained for targeted be found to be inconsistent with this employment-generating uses. policy, unless the City believes that adequate commercial inventory exists
even without this 14 acre parcel.

Goal Fl 1: Maintain a balanced land The city's land use plan skews heavily use plan and a diversified, stable, and residential. The further loss of self-sustaining revenue base in order commercial land to additional residential to generate the resources necessary use could be found to be inconsistent to sustain essential and desired City with maintaining a balanced land use services. plan and a diversified, stable, and
self-sustaining revenue base in order
to generate the resources necessary
to sustain essential and desired City
services, as the loss of commercial
use here would result in the attendant
loss of associated sales tax revenue.

However, the project would participate
in community facilities districts and
pay impact fees to assist in funding
City services.

Policy LU 1-1: Maintain a supply of While the city currently has a sufficient developable commercial, business supply of land developable as oark, mixed use, and residential lands residential to meet its growth 2 Packet Pg. 12

General Plan requirement Consistent?
sufficient to meet desired growth and projections, its commercial inventory is economic needs over the planning far less extensive. Approval of this period. general plan amendment would limit the
supply of developable commercial land.

Policy LU 2-8: Provide for a variety of Conversion of this commercial acreage residential products through the to multi-family use would allow for the Zoning Ordinance in order to provision of apartments, which would accommodate the housing needs of add to the variety of residential products all segments of the city's population. available in the city in order to accommodate the housing needs of
more segments of the community.

POLICY H 2-1: Provide housing Converting this commercial site to multiaffordable and appropriate for a family use would allow for the variety of Brentwood households at all development of apartment housing that economic levels throughout the City. would likely appeal to households at economic levels that cannot afford
single-family homes. Applicant has
requested to be allowed to pay a fee in
lieu of constructing any affordable
housing on site, so no deed restricted
affordable housing would be
constructed as part of this multi-family
development. Those funds would be
banked for future use of affordable
housing opportunities.

Division and Policy LU 4-4: Site new park and Allowing the existing areas designated relocation of recreation facilities where they will be as Park to be split and relocated across Park land accessible by the City's pedestrian the Project site would facilitate this and bicycle network and in close policy of siting new park facilities closer proximity to medium and higher to users throughout the Project site. density residential uses, where
aPPropriate.

Roadway Policy CIR 1-2: Ensure that the City's Allowing for the reconfiguration and reconfiguration circulation network is a well- improvement of San Jose Avenue, as connected system of streets, roads, proposed, would effectively highways, sidewalks, and paths that accommodate vehicular and multieffectively accommodates vehicular modal traffic in a manner that reflected and non-vehicular traffic in a manner the context of the surrounding that considers the context of residential and (potentially) school land surrounding land uses and the needs uses and the needs of operators of of all roadway users. vehicles, pedestrians, and bicyclists.

3. The potential impacts of the amendment have been assessed and have been detennined not to be detrimental to the public health, safety, or welfare.

The project is required to comply with the Noise Element in that construction activities will be regulated to the allowable hours, and noise sources will be required to mitigate sound.

Compliance with the Safety Element would be achieved through seismically sound construction designs and practices, as well as the construction of building pads outside of the flood zone. 2 Packet Pg. 13

4. The amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act (CEQA).

A Final Environmental Impact Report was prepared for this project and all mitigation measures have been incorporated as conditions of approval of the development.

The City Council will need to determine whether the requested General Plan amendments meet the criteria set out above.

General Plan Consistency
For those elements of the project that do not require a General Plan amendment, the City must still determine whether the project is consistent with the General Plan. With regard to density, the General Plan identifies the allowable density (expressed as dwelling units/acre or 'du/a') for the single-family residential portions of the project site.

Table 2
General Plan density consistency analysis
Density required by Density Consistent?
General Plan prooosed
Single-family homes 1.1-5.0 du/a, with a mid- 3.70 du/a The proposed density (with school) range of 3.0 du/a exceeds the mid-range
Single-family homes 1.1 -5.0 du/a, with a mid- 4.64 du/a The proposed density (with overlav) range of 3.0 du/a exceeds the mid-range
Multi-family N/A 18.45 du/a N/A
Per the General Plan's mid-range density policy, densities above the mid-range can be permitted at the discretion of the City Council through the exercise of transferable agricultural credits or if a significant amount of amenities is incorporated into a project, extensive off-site public improvements are installed, or other significant improvements of community-wide benefit are provided.

In this case, the applicant is proposing to provide certain amenities, as listed in the Development Agreement (DA), as improvements of community-wide benefit. As listed in the DA discussion below, these include contributions to the East Contra Costa Fire Protection District; potential sale of an 11 .35 acre parcel within the project area for a school site or, alternatively, payment of $1,575,000 to the City to fund a youth center or youth programming; and a trail connection across Sand Creek and from the project site to commercial developments to the east. (In return for these benefits, the applicant will stand to receive their own benefits, which are detailed in the DA discussion below.) The Council will ultimately need to determine whether these community benefits are sufficient to not only allow development above the mid-range, but also to justify the requested General Plan amendments.

The overall density for the multi-family portion of the project site is 18.45 dwelling units per acre.

Since the General Plan amendment application includes changing the land use for 13.98 acres from Regional Commercial to Planned Development, the revised PD-36, Subarea B, zoning standards will govern the development of this acreage for up to a maximum of 258 units, or

18.45 dwelling units per acre.
2 Packet Pg. 14

Beyond density, the project's general consistency with the General Plan is analyzed in Table 3 below.

Table 3
General Plan consistency analysis
General Plan requirement Consistent?
Goal CIR 1: Provide a transportation system that The project would include the extension of facilitates the efficient movement of people and Sand Creek Road from its current goods within and through the city of Brentwood termination west of SR 4 to the Antioch city and promotes the use of alternatives to the limits. While the completion of an single-occupant vehicle intersection with Heidorn Road would have to wait for future development, this would
allow the final construction of Sand Creek
Road, a major arterial, to city limits, thus
facilitating the efficient movement of people
and goods. The project would also provide
bike lanes for bicycle use, and sidewalks and
pedestrian paths, including a connection
beneath SR 4 for multi-modal access to
development west of the oroiect site.

Action CSF Sa: Continue to coordinate with the The project includes a DA that requires the school districts to ensure the adequate provision applicant to have entered into an agreement of school and related facilities to serve existing with the School District to transfer an 11.35- and future development and support the acre parcel to the School District for the establishment of a School Facility Master Plan. construction of a school site. If built, this The City should work with the local school school would assist in providing adequate districts to develop criteria for the designation of school facilities to serve existing and future school sites and consider a range of development. However, the City has no way opportunities available to reduce the cost of land of guaranteeing that the site will ultimately be for school facilities. Such opportunities may transferred to the School District or that a include, but are not limited to, designating lands
school will be built if it is transferred.
as School (SCH) on the General Plan Land Use
map when future school sites are identified in the
adopted School Facility Master Plan. The City
shall encourage the local school districts to
comply with City standards in the design and
landscaping of school facilities.

Policy CSF 4-1: Encourage and support the East The project DA likewise would require the Contra Costa Fire Protection District and applicant to pay fire impact fees for the providers of emergency medical services to project. These fees may be used by maintain adequate staff and equipment to provide ECCFPD for fire facilities and equipment. high quality and responsive fire protection and However, the applicant has indicated that it emergency medical services to existing and believes the fire impact fee recently adopted future growth in Brentwood. by the City is flawed. Therefore, the fees may be paid under protest. Under the DA,
the applicant would also participate in a
Community Facilities District, a mechanism
that would assess the lots on the project site
and use those assessments to fund fire
services, a considerable benefit to ECCFPD.
2 Packet Pg. 15

General Plan reauirement Consistent?
Goal COS 1: Ensure the provision and The project proposes to maintain some preservation of diverse and accessible open 28.35 acres of permanent open space on the spaces throughout the Brentwood Planning Area site, thus ensuring the preservation of accessible open space within this portion of
the Brentwood Planninq Area.

POLICY H 1-1: Provide adequate residential The project would provide up to 573 new sites with densities distributed throughout the City homes (without development of the school; for the production of new for-sale and rental 510 with the school), at both low and high residential units, emergency shelters, and densities, and offer the option of for-sale and transitional and supportive housing sites for rental options, thus facilitating this policy. existing and future residents.

Policy ED 5-1: Ensure that public, residential, The project would include the development and non-residential developments locating along of a trail along the north side of Sand Creek, local creeks, waterways, and open space are thus including this natural feature as an designed to include these natural features as an attraction and amenity. attraction and amenity, while also providing for
their conservation where appropriate.

Zoning Ordinance Amendment
As with the General Plan, proposed projects must also either be consistent with the City's Zoning Ordinance as proposed, or request approval for changes to the Zoning Ordinance that would render the project consistent. The project site is currently zoned Planned Development No. 36. The PD-36 text identifies development standards for mixed-use business park, regional commercial, single-family residential, and open space and recreation uses. In order to accommodate the project as proposed and be consistent with the proposed General Plan amendment, certain zoning uses and development standards would need to be revised.

Therefore, a rezone is necessary to establish site-specific development standards for the proposed uses.

The proposed rezone includes a subarea map identifying each separate land use category and sets forth development standards for each subarea. The proposed development standards are fairly typical for the individual land uses. The single-family subarea sets forth a minimum lot size of 4,500 square feet (which is consistent with the General Plan designation of Residential - Low Density), and includes typical minimum lot dimensions and setbacks associated with the lot area. The tentative map is in keeping with these proposed regulations and each of the residential homes is required to meet the minimum setback dimensions. Therefore, the project would be consistent with the proposed zoning designation should the rezone be approved as requested. The following table summarizes the development standards proposed for the residential of the project and compares them with the current residential zoning for the site:

Table 4
Proposed zoning development standards for residential uses and comparison with existing standards
2 Packet Pg. 16

2 Existing standard Existing standard Proposed single- Proposed (Single-family (Single-family family standard multi-family Subarea C) Subarea D) standard
Minimum lot 5,000 sq. ft. 10,000 sq. ft. 4,500 sq. ft. 2,000 sq. ft. area
Minimum lot 55' 90' 45' - width
Minimum lot 35' at the front 45' at the front 30' at the front - frontage for property line property line property line lots on culde-sacs,
knuckles, or
curvilinear
streets
Minimum 20' for front-facing 20' for front-facing 20' for front-facing 10' front yard garages; 15' for garages; 15' for garages; 1 0' for setback building walls and building walls and building walls and porches porches porches
Minimum 5', with the sum of 5', with the sum of 5'; corner lots shall 10' side yard both sides 12'; both sides 15'; maintain a
setback corner lots shall corner lots shall minimum setback maintain a maintain a of 1 0' on the street
minimum setback minimum setback side yard
of 1 0' on the street of 1 0' on the street
side yard side yard
Minimum rear 15', with an 15', with an 15' 10'
yard setback average of 20' averaae of 20'
Maximum 2 stories, not to 2 stories, not to Two stories, not to 40' building exceed 30' exceed 30', except exceed 34'
height that the 10 lots
referenced on the
approved
residential
site plan with Model
11 shall not exceed

33.5'
Corner lot 5' from the street 5' from the street 5 feet from the - fence side property line; side property line; street side setback all other fence all other fence property line; all regulations shall regulations shall other fence
adhere to the adhere to the regulations shall
requirements of requirements of adhere to the
BMC Chapter BMC Chapter requirements of

17.660 17.660 BMC Chapter

17.660
Open space Lots adjacent to Lots adjacent to - - fencing open space shall open space shall utilize a 6' high utilize a 6' high
open space fence open space fence
along the common alona the common
Packet Pg. 17

Existing standard Existing standard Proposed single- Proposed (Single-family (Single-family family standard multi-family Subarea C) Subarea D) standard
property line(s), as property line(s), as
approved through approved through
the tentative map the tentative map
Accessory Prohibited in side Prohibited in side - -
structures or rear yards for or rear yards for
areas exceeding a areas exceeding a
3:1 slope 3:1 slooe
Maximum lot 40% for 2-story 40% for 2-story 50% -
coverage homes and 45% homes and 45%
for 1-story for 1-storv
Common - - - 15% of the
open space total site
area
Minimum - - - 10% of the
usable total site
common area
open space
Minimum - - - 100 sq. ft.
private open immediately
space adjacent to
each unit
(including
balconies)
Maximum 124 42 252 (with school) 258
number of or 315 (without
primary school)
dwellinq units
Total 166 units 510 units (with
possible school)
residential 573 units (without
development school)
The existing uses and development standards governing the commercial portion of the project site would not change with the rezone, with the exception of applicant's request to add gas stations as a conditionally permitted use. With minimal exception, no changes are requested for the open space uses or standards.

In determining whether to grant a requested rezone, under BMC § 17.870.008, the City will need to determine whether the request is:

1. Consistent with the General Plan; and

2. Inappropriate or otherwise contrary to the public interest.

The City Council will need to determine whether the requested rezoning conforms to the General Plan and if it is inappropriate or otherwise contrary to the public interest. 2 Packet Pg. 18

Vesting Tentative Subdivision Map
The project site consists of a total of 137 .3 acres. Of this acreage, 28.25 acres (Parcels G and N) are preserved as open space, the majority of which is located along the western property line corresponding to hillside ridge lines. Along the northern property line and north of Sand Creek, Parcel A, totaling 13.98 acres, will accommodate the multi-family apartment project. Parcel C consisting of 18. 72 acres and located just south of Sand Creek, remains dedicated to future regional commercial uses, and no development of this site is anticipated with this project at this time. The remaining acreage located south of Sand Creek Road includes the 11.35-acre potential school site (Parcel H), two park locations (1.74 acre Parcel T and 2.56 acre Parcel J), a ten-foot trail connection (Parcel S) to the Brentwood Hills subdivision to the south, and the 252 single-family residential lots. The single-family lot sizes would range from 4,500 square feet to 16,912 square feet. The remaining parcels are to be utilized for bio-retention areas for stormwater treatment. Access to the single-family development would be through two main access points, one along Sand Creek Road and the other via the extension of San Jose Avenue from the south.

The proposed map also includes an overlay for 63 additional single-family lots should the anticipated school site not materialize. The terms for how this could develop are outlined in the development agreement.

Brentwood Municipal Code §16.060.040(8) identifies seven findings applicable to a decision to approve or deny a subdivision map. In the interest of space, each of these findings is analyzed in the resolution attached hereto. Proposed conditions of approval are also attached to the proposed resolution.

Figure 3
Proposed VTSM 8506
2 Packet Pg. 19

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The applicant seeks design review approval for both the single- and multi-family portions of the site. Each is considered separately below. Both are subject to the same approval criteria set out in Brentwood Municipal Code§§ 17.820.007.

Design Review No. 17-007 - Single-Family Residential
Architecture
This single-family community has proposed five distinct floor plans with three alternative elevations per plan. All plans are two-story homes with a two-car front-on garage. Due to the relatively small minimum lot size, alternative garage configurations are difficult to accomplish, however, the homes are designed to minimize the garage by setting it back from the front plane of the living spaces, thereby minimizing their prominence in the front elevation, and all of the plans show decorative garage doors to match the architectural style of the home.

As mentioned, each plan has three distinct architectural styles, including Tuscan, Craftsman, and French Cottage. Exterior materials, massing, roof shapes and pitches, trim shapes and 2 Packet Pg. 20

material, and colors vary by these elevation styles. The rear elevations vary by elevation style as well, with accent gable and hip roofs, accent trim, and a variety of roof pitches and massing styles. The trim around the windows is shown as being carried around all windows at the sides and rears facing street to matches the style of the window trim on the front elevation. This means that the window trim at the side and rear elevations is different by elevation style, but only if it can be viewed from an adjacent street.
► Tuscan. The Tuscan style elevations include a combination of stucco and stone exteriors with decorative wrought iron trim elements. The rooflines feature both modified hip and gable end and are finished with curved villa concrete tile roofing material. ► French Cottage. The French Cottage style elevations include stucco body and trim elements with mock shutters. Stone veneer trim elements are included along the front elevations. Also included are simulated wood siding and trim elements at various locations along the front elevation. The gable roofs are finished with flat concrete tile roofing materials.
► Craftsman. The Craftsman elevations are a combination of horizontal siding and stucco. In addition, there are stone trim elements either at the front or on the column bases on the porch posts. Front elevations feature a full grid pattern for the window fenestration, which is unique to this style. The gable roofs are accented with corbels and have flat concrete tile roofing.

Exterior materials, massing, roof shapes and pitches, trim shapes and material, and colors vary by these elevation styles. The rear elevations vary by elevation style as well, with accent gable and hip roofs, accent trim, and a variety of roof pitches and massing styles. The accent trim and around the windows and the varied window grid patterns are only proposed to be carried around to windows at the sides and rears that abut streets. A draft condition of approval on the project would require that these trim elements be included on all the homes, not just those that abut streets. The color schemes assist in further differentiating the styles. For each plan, the developer has proposed two different color schemes that represent traditional color choices for the style, for a total of 14 color schemes for the entire development.

Building Design and Massing
A summary of the proposed home models is included below:

Table 5
Single-family home models
Plan# Home Size
1 2,251
2 2,564
3 2,798
4 3,158
5 3,41 6
*Optional 5th bedroom
Preliminary/Master Plotting Plan
Bed/Bath Garaae Spaces
4/3 2
4 / 3 2
4* / 3 2
5 /4 2
5/3 2
Stories Max. Heiaht
2 27'0"
2 25'9"
2 29'5"
2 29'7"
2 28'0"
2 Packet Pg. 21

The master plotting plan depicts which home plans would be constructed on each particular lot.

Each plan would be plotted between 15.9% and 22.6% within the subdivision. The streetscape varies these five plans fairly evenly throughout the subdivision.

See discussion below under the Residential Design Guidelines section regarding compliance with the guidelines and proposed conditions of approval.

Landscaping
The proposed subdivision includes two designated park parcels. Parcel T, located west of the main access at Sand Creek Road, is 1. 7 4 acres and will be designed as a neighborhood park.

The larger park is Parcel J, which encompasses 2.56 acres and will also be designed as a neighborhood park. The landscape plans submitted with this application for a VTSM are preliminary only and pursuant to Brentwood Municipal Code Section 2.46.020G, a conceptual park plan will be submitted to the Parks and Recreation Commission for review and final approval of the park design, programming and amenities. The Parks and Recreation Commission's approval will ensure conformance with all aspects of the Parks, Trails and Recreation Master Plan for Neighborhood Parks. As with all new projects, the final landscape plans will be reviewed against the City's Water Efficient Landscape Ordinance to ensure conformance with these regulations.

The project includes a conceptual wall design for the required soundwall locations identified in the acoustical analysis done for the Environment Impact Report. These locations are adjacent to Sand Creek Road and State Route 4. As conditioned, walls will also be required adjacent to City park parcels. The wall design shall be masonry block units with wall cap, columns spaced appropriately and column caps. In order to insure that the wall is designed and installed in a manner acceptable to the City, a draft condition of approval is included that requires the developer to submit a modified design of the wall for review and approval by the Community Development Director and the Director of Public Works prior to construction. The intent is to have a hand-laid block wall with a cap, and columns approximately every 50 feet. All other fencing for the project would need to adhere to the City's standard for good-neighbor fencing between lots, and enhanced good neighbor between lots and City owned open space where trails or trail connections are adjacent. Open tube steel or wire fencing will be installed between City open space parcels and lots elsewhere.

A draft condition of approval for Parcel J will require dedication to the City for open space and trail purposes, and a 10-foot wide asphalt multi-use trail from the southern boundary of the project at the existing terminus of Black Gold Trail to the extension of Sand Creek Road or a portion of the Sand Creek Trail constructed with this project. This is consistent with the Parks, Trails and Recreation Master Plan and will provide trail connections called for therein. In addition, the project is conditioned to construct the Sand Creek Trail from the western boundary of the project to the eastern boundary of the project. Construction of the Sand Creek Trail is also called for in the Parks, Trails and Recreation Master Plan. Additionally, per the Development Agreement, the developer will assist in the construction of a trail connection to the east side of State Route 4.

Design Review No. 17-008 - Multi-Family Apartments
Access to the multi-family site, Parcel A, will be from one ingress/egress point at Sand Creek Road, which will provide right-in/right-out only. A secondary 20-foot wide emergency vehicle access point is provided at the northeast corner of the site out to Old Sand Creek Road. The 2 Packet Pg. 22

multi-family development consists of a total of 258 units clustered into 11 , three-story, apartment buildings, with each building containing between 12 and 36 units. The project is anticipated to include 84 one-bedroom units, and 174 two-bedroom units. In addition to the units themselves, an approximately 7,873 square foot clubhouse, with a pool and barbeque area is also included on the site. The multi-family development would include a total of 508 parking spaces comprised of 262 carport spaces, 36 garage spaces, 37 compact spaces, and 173 standard spaces.

The architectural style for the apartment buildings is a modernized mission and includes arched canopies over many of the outdoor patio areas, stucco siding, belly banding to break up the planes between the three stories, and hip roofs with corbels constructed with concrete tile roofing materials. The garage buildings and the clubhouse are proposed as one-story structures and utilize the same materials and architecture as the apartment buildings.

The on-site amenities for the apartment complex include an outdoor pool and barbeque area. A gazebo and pet park are included with the project plans, but their location is not identified on the site plan. Since this is a rather large apartment complex, facilities such as electric vehicle charging stations, a car wash area, and a tot lot should also be made available to the residents.

Accordingly, a draft condition of approval is included requiring these amenities to be included in the project building and landscaping plans. The developer is proposing to utilize a tubular steel fence design with columns and caps. A draft condition of approval requires approval of a fencing plan.

Design Guidelines
The City adopted a set of Residential Design Guidelines in 2006. These address all aspects of residential design, including project layout and composition, as well architectural design and features for a wide range of residential unit types, including single-family and multi-family.

The guidelines for building design for single-family residential include the provision of one distinct plan with four unique elevations for every 25 units in the project. This 252-unit singlefamily project has proposed a total of five models, with three elevation styles. This falls well short of the guidelines, which would require a minimum of ten different elevation styles.

Accordingly, a condition of approval has been included requiring approval of another elevation style for the five plans provided along with another five distinct plans with four elevations each, including two single-story plans.

Another guideline that needs to be addressed is the lack of incorporating an alternative garage configuration. As this project is a low-density development on relatively small lot sizes, incorporating an alternative garage configuration could be problematic; however, there are a number of lots of sufficient width to accommodate an alternative garage design. Therefore, a condition of approval on the project requires the inclusion of at least one elevation that incorporates an alternative garage style. It should be noted that the proposed plans do push the garages past the front plane of the homes, making them less prominent. In addition, the garages are conditioned to include decorative doors with windows on at least 60% of the lots.

Additionally, the project does not adhere to the residential guideline of having 50% of the corner lots within the neighborhood plotted with single-story homes. This guideline is particularly important as it reducing the massing of a project, particularly along ridge lines and abutting arterial streets and State Route 4. Therefore, a condition of approval has been included that 2 Packet Pg. 23

concurrent with the submittal of the new plans and elevations, that the master plotting plan be submitted for approval that addresses this issue.

The design guidelines specify lot coverage ratios of 45% for single-story homes and 40% for two-story homes, while the lot coverage ratio proposed for this development includes 50% for single-story homes. Given some of the proposed lot sizes and to accommodate the different floor plans proposed, staff is comfortable with a 50% lot coverage for single-story homes. This is reflected in the draft resolution for the rezone that would establish the various development standards for the project.

Other features identified in the design guidelines are carried through onto the proposed plans; including maintenance of architectural integrity with window wrapping treatment carried around to the side and rear elevations; inclusion of various roof heights and forms; the visual emphasis of front doors from the street, and the avoidance of exposed and unarticulated second-floor 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 design guidelines.

Last, 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 fa9ade are conditioned to be carried around to the less-prominent side and rear elevations.

Development Agreement
Finally, one of the entitlements sought for this project is a development agreement (DA).

Development agreements are contracts between a land use approval body (such as the City) and a developer that are typically used to govern the timing, development, and community benefits of a project. These contracts allow the City and an applicant to enter into an agreement that wi ll assure the City that a proposed project will provide the benefits identified in the agreement and to guarantee the applicant that the project will be subject the rules and regulations in effect at the time of project approval.

The key deal points of the DA proposed here are as follows:
► School site. By the time the DA is approved, the applicant must have entered into an agreement with Brentwood Union School District (the "School District") to transfer an 11 .35-acre portion of the Project site (the "School Site") to the School District for the development of a school. The existence of any such agreement does not guarantee that a school will be built here, but it is a necessary first step.

The School District Board met on August 19 to consider this agreement and voted unanimously to approve the purchase and sale agreement. Securing the ability of the School District to develop a school at this location has been a primary concern in processing this application.
► Residential overlay in lieu of school. If the School District decides not to acquire the School Site within the time identified in the agreement with the applicant, then (1) the applicant will be allowed to develop an additional 63 single-family homes on the School Site, and (2) the applicant will pay the City $25,000 per each of these additional singlefamily homes (for a total of some $1 ,575,000), with such funds to be used for a youth 2 Packet Pg. 24

center or youth programming. The City Council will need to determine whether such funds for a youth center or programming constitute a sufficient community benefit should a school site not be realized.
► Fire contributions. As with the siting of a future school, securing fire contributions for the East Contra Costa Fire Protection District (ECCFPD) has likewise been a high priority in processing this application. To this end, under the DA, applicant will pay all impact fees adopted by the City as of the effective date of the DA to fund fire and medical support facilities operated by ECCFPD (subject to their right to challenge such fees) and will also annex the Project into or otherwise participate in any Community Facilities District established by ECCFPD prior to the Project's first building permit being issued.

It must be noted that the applicant has contested the basis of the fire impact fee recently adopted by the Council. The DA includes language requested by the applicant to acknowledge the ability of the applicant to protest and challenge the fees. ► Sand Creek Road right-of-way. In order to obtain the land necessary to develop the full extension of Sand Creek Road from its present termination point west of State Route 4 to the Antioch city limits, the City will sell applicant a small parcel of land, along with an otherwise unusable SR 4 remnant parcel, and provide applicant with development credits or payment of approximately $150,000.
► Affordable housing compliance. In order to satisfy City's affordable housing requirement to construct two percent of the residential units in the Project as affordable units or provide an alternative equivalent therefore, as required by the City's affordable housing ordinance, the applicant requested to pay a fee in lieu of constructing any deedrestricted affordable housing onsite. This method of compliance with the affordable housing ordinance is thus included in the DA.
► Design and Construction of an off-site trail connection. The applicant would design and construct an off-site trail connection along Sand Creek from the eastern boundary of the Project beneath State Route 4 to the Old Sand Creek right-of-way and provide funding in the amount of $500,000 for a pedestrian bridge, if a bridge is ultimately determined to be required. If construction of the pedestrian bridge has not begun by the time the DA expires, this payment for the pedestrian bridge would be returned to Developer.
► Term. The DA would have an initial term of 15 years, with one potential 5-year extension. This would mean that the rules, regulations, and policies that govern development of the Project would essentially be fixed for the life of the DA.

The Planning Commission and City Council will need to decide whether the benefits to the community offered through the DA are sufficient to justify (1) the requested General Plan amendment, (2) development of the single-family portion of the site at a density above the midrange, (3) the vesting of applicant's rights to develop the site per the rules and regulations in place now for a period of up to 15-20 years, and (4) the potential that the site identified for the school may instead be developed with 63 additional single-family homes.

Planning Commission Meeting of August 18, 2020
2 Packet Pg. 25

The Planning Commission agenda for the meeting of August 18, 2020, included the public hearing for the Bridle Gate project. Prior to the meeting, City staff had been advised by PG&E of the possibility of a power outage that may be required by the California Independent System Operator due to the strain on the electrical system caused by the excessive temperatures across the state and attendant demands on the electrical grid. According to the notice from PG&E, if such a blackout were to occur in Brentwood, it would be conducted between the hours of 7:00 pm to 10:00 pm on August 18, which could potentially disrupt the Planning Commission meeting. After discussions with the applicant, it was agreed that staff would recommend that the Planning Commission continue the item to its meeting of September 1, 2020. At the August 18 meeting, the Planning Commission considered the continuance and voted unanimously to approve the continuance of the public hearing for the project to its meeting of September 1.

Since that time, as noted above, the Brentwood Union School District Board held a meeting on August 19, 2020, and approved the purchase and sale agreement for the 11.35-acre school site within the project. The agreement includes a number of conditions that need to be met before the sale would go through.

Staff has also added one additional condition of approval to VTSM 8506 to reflect a late request from Tri-Delta Transit for the provision of bus stops within the project. The new draft condition of approval reads as follows:
"The Developer shall install bus turnouts on both eastbound and westbound Sand Creek Road at the intersection of Sand Creek Road and San Jose Avenue and Sand Creek Road and the entrance to the multi-family apartment site on Parcel "A" in coordination with Tri Delta Transit to the satisfaction of the Director of Public Works concurrent with Sand Creek Road extension improvements.

These bus turnout locations shall also include bus shelters to the satisfaction of the Director of Public Works."
Other than the above, no other changes to the project have been included.

DATE OF NOTICE:

The City published a public hearing notice in the Brentwood Press and mailed it to property owners within 300 feet of the site on August 7, 2020, noticing the public hearing for this project.

In addition, the project site is posted with the required signage along Sand Creek Road. During the processing of the application, staff did not receive any comments from neighboring property owners or members of the public at large.

Notice of the Planning Commission's action to continue the public hearing for the project to its meeting of September 1, 2020, was also provided on the City's Facebook page and on the Nextdoor app.

ENVIRONMENTAL DETERMINATION:

The City prepared a Draft Environmental Impact Report (SCH# 2019080071) for this project in accordance with the requirements of the California Environmental Quality Act (CEQA). Several potentially significant impacts are identified; however, mitigation measures are incorporated to reduce those impacts to less than significant levels, except that certain air quality and traffic impacts remain significant and unavoidable as set forth in the Draft EIR. All mitigation measures not addressed by the standard conditions of approval are included as recommended 2 Packet Pg. 26

conditions of approval. The Draft Environmental Impact Report was available for review and comment from June 1, 2020, to July 15, 2020. Several comments were received and addressed in the Final Environmental Impact Report. The Draft EIR may be reviewed by clicking on the link below and scrolling to "Bridle Gate:" https://www.brentwoodca.gov/gov/cd/planning/ceqa.asp
CONCLUSION:

The Bridle Gate project has a lengthy history, dating back to an initial submittal in 2001 and a prior approval in 2006 that established General Plan land use designations and zoning standards that remain in effect. It is a large site with a number of unique attributes and constraints to consider. It has also generated interest in the surrounding and overall community, with several residents expressing significant concerns about the project through emails as well as during public comment at both Planning Commission and City Council meetings. The General Plan Update adopted in 2014 established the vision for the community, which for Bridle Gate (among other things) includes approximately 35 acres of Regional Commercial development and single-family development at a density of approximately three dwelling units per acre.

There are concerning aspects of the project, including the loss of 13.98 acres of Regional Commercial land, the density of single-family development exceeding the mid-range identified in the General Plan, and the development of at least portions of the existing hill forms and ridgelines. However, there are also some positive benefits provided by the project through the Development Agreement. These include the possible provision of a future elementary school site (or funding for youth programming of up to $1.575 million over time if the School District does not purchase the site), a trail connection beneath State Route 4, and provisions to address fire impacts.

To facilitate the Planning Commission's review and consideration of the project, as well as to facilitate making a recommendation at its meeting on September 1, staff has prepared resolutions to allow the Commission to recommend that the City Council approve the various actions associated with development of this project, as well as a resolution whereby the Commission could recommend that the City Council deny the project. The Planning Commission should therefore consider the discussion above, the findings set forth in each of the resolutions, public comment given at the meeting, and the record of the proceedings in making its final determination to recommend denial or approval of the project to the City Council. The Planning Commission's recommendation will be presented to the City Council in a special meeting on September 15, 2020.

RECOMMENDATION:

As set forth in the conclusion below, staff recommends that the Planning Commission proceed with one of the following actions:

1. Recommend that the City Council deny the project by adopting the following resolution:
a. A Resolution Denying the General Plan Amendment, Rezone, Development Agreement, Vesting Tentative Subdivision Map, and Design Review for the Single-Family Residential Parcels and the Multi-Family Residential Parcels; or
2 Packet Pg. 27

2. Recommend that the City Council approve the project by adopting the following resolutions:
a. A Resolution Recommending the City Council Certify the Final EIR, and Adopt CEQA Findings, Statement of Overriding Consideration and Mitigation and Monitoring; b. A Resolution Recommending that the City Council approve General Plan Amendment No. 17-001;
c. A Resolution Recommending that the City Council approve Rezone No. 17-004; d. A Resolution Recommending the City Council approve Development Agreement No. 19- 001;
e. A Resolution Recommending the City Council approve Vesting Tentative Subdivision Map No. 8506;
f. A Resolution Recommending the City Council approve Design Review No. 17-007 for the single-family residential parcels; and
g. A Resolution Recommending the City Council approve Design Review No. 17-008 for the multi-family residential parcel.

Attachments:
/ Planning Commission Resolution No. 20-026 - Final Environment Impact Report 2 Planning Commission Resolution No. 20-027 - Development Agreement 3 Planning Commission Resolution No. 20-028 - General Plan Amendment Lf Planning Commission Resolution No. 20-029 - Rezone
S-pIanning Commission Resolution No. 20-030 - Vesting Tentative Subdivision Map t Planning Commission Resolution No. 20-031 - Design Review Single Family ·1 Planning Commission Resolution No. 20-032 - Design Review Multi Family Y Planning Commission Resolution No. 20-033 - Denial
9 Vesting Tentative Subdivision Map No. 8506
\ o Design Review Booklet - DR 17-007
11 Design Review Booklet- DR 17-008
rz Bridle Gate Final Environmental Impact Report (with appendix) ,3BUSD Purchase and Sale Agreement
2 Packet Pg. 28

EXHIBIT 2

EXHIBIT 3

City of Brentwood - COB MAP
This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable.
2,400
400.0

THIS MAP IS NOT TO BE USED FOR NAVIGATION
1:

NAD_1983_StatePlane_California_III_FIPS_0403_Feet
0 200.00 400.0 Feet Notes:

1 Hagen, Jennifer
From: Hagen, Jennifer
Sent: Thursday, August 10, 2023 9:45 AM
To: Hagen, Jennifer
Subject: FW: LETTER TO SUPPORT HOUSING ON A PORTION OF YOUR PROPERTY AT THE

INNOVATION CENTER
On Jul 28, 2023, at 5:36 PM, Laura Houd <[email protected]> wrote:

CAUTION – EXTERNAL SENDER
Hi Ricardo,
I apologize for the delay on this email. Per your request, I wanted to state that the Nunn Family 2 Limited Partnership expects to sell a portion of its property to housing developers over the next 8 years on its properties which are zoned to support this use. We have signed an LOI with Alliance Residential Properties for a portion of our site and there are ample opportunities to support more residential units on the mixed‐use/transit property to the north.

Thank you,
Laura Diiorio, LPC
[email protected]
(925) 813-2253

1 Hagen, Jennifer
From: Ron Enos <[email protected]>
Sent: Wednesday, July 26, 2023 9:39 AM
To: Hagen, Jennifer
Cc: Noguera, Ricardo; Ron Enos
Subject: Approx. 36 acres located in Innovation Center
CAUTION – EXTERNAL SENDER
Hi Jennifer, I am represenƟng the Stonebarger 36 acres located along Heidorn Ranch Road, In Brentwood. CCC APN 019‐ 081‐021. We are currently in contract with a developer that will be processing a map on 8 acres of the 36 acre property for High Density Housing, as currently zoned in Brentwood. Thank you. Ron Enos Ronald J. Enos
DRE # 00644436
Broker / Owner / Realtor
Ronald J. Enos, INC.

Cell: (925) 876‐4611
Office: (925) 202‐0256

Email: [email protected]
Address: 9000 Brentwood Blvd. Ste. C, Brentwood, Ca 94513 Corp. Lic. # 00754405

Brentwood 2023-2031 Housing Element
Appendix D: Glossary of Housing Terms D-0
Glossary of Housing Terms
Appendix D

Brentwood 2023-2031 Housing Element
Appendix D: Glossary of Housing Terms D-1
Appendix D: Glossary of Housing Terms
Above Moderate-Income Household. A household with an annual income usually greater than 120 percent of the area median income adjusted by household size, as determined by a survey of incomes conducted by a city or a county, or in the absence of such a survey, based on the latest available legibility limits established by the U.S. Department of housing and Urban Development (HUD) for the Section 8 housing program.

Accessory Dwelling Unit (ADU). An ADU is a residential unit that provides independent living facilities for one or more persons and includes separate kitchen, sleeping, and bathroom facilities. An ADU may be a part of, attached to, or detached from a single-family, two-family, or multifamily residence and is subordinate to the principal residence. An ADU also includes an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, and a manufactured home, as defined in Section 18007 of the Health and Safety Code.

Agricultural Housing. Dwellings and/or living quarters for farm laborers, or other types of dwellings determined to be substantially similar to the above by the Director of Community Development.

Affirmatively Furthering Fair Housing (AFFH). Affirmatively Furthering Fair Housing (AFFH) is a legal requirement that federal agencies and federal grantees further the purposes of the Fair Housing Act. AFFH means "taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws.

Apartment. An apartment is a multifamily building of three or more individual residential units that is under single ownership. An apartment may have one or more rooms in an apartment house or dwelling occupied, intended, or designated for occupancy by one family for sleeping or living purposes and containing one kitchen.

Area Median Income (AMI). The midpoint of a geographic area’s income distribution, to account for regional differences in cost of living.

Assisted Housing. Generally multi-family rental housing, but sometimes single-family ownership units, whose construction, financing, sales prices, or rents have been subsidized by federal, state, or local housing programs including, but not limited to Federal Section 8 (new construction, substantial rehabilitation, and loan management set-asides), Federal Sections 213, 236, and 202, Federal Sections 221 (d) (3) (below-market interest rate program), Federal Sections 101 (rent supplement assistance), CDBG, FmHA Sections 515, multi-family mortgage revenue bond programs, local redevelopment and in lieu fee programs, and units developed pursuant to local inclusionary housing and density bonus programs.

Brentwood 2023-2031 Housing Element
Appendix D: Glossary of Housing Terms D-2
Below-Market-Rate (BMR). Any housing unit specifically priced to be sold or rented to low- or moderateincome households for an amount less than the fair-market value of the unit. Both the State of California and the U.S. Department of Housing and Urban Development set standards for determining which households qualify as “low income” or “moderate income.” The financing of housing at less than prevailing interest rates.

Boarding House. A housing unit used for residential purposes, other than a hotel, where lodging and meals are provided for compensation for five or more non-transient persons, who are not living as a single housekeeping unit. All residents are be counted when determining the number of persons lodging in a boarding house, including managers, landlords, or building superintendents. A Boarding House is considered to be a Multifamily Dwelling.

Build-Out. That level of urban development characterized by full occupancy of all developable sites in accordance with the General Plan; the maximum level of development envisioned by the General Plan.

Build-out does not assume that each parcel is developed to include all floor area or housing units possible under zoning regulations.

Caretaker Residence. Permanent or temporary housing that is secondary or accessory to the primary use of the property. Such dwellings are used for housing a caretaker employed full-time on the site of a nonresidential use where a caretaker is needed for security purposes or to provide 24-hour care or monitoring of facilities, equipment, or other conditions on the site.

Community Care Facility. A 24-hour residential facility maintained and operated to provide nonmedical residential care, day care or homefinding agency services for children, adults, or children and adults, including, but not limited to, the developmentally disabled, physically handicapped, mentally disordered, or incompetent persons, and includes any residential facility, day facility and homefinding agency. A Community Care Facility may be located in any type of residence.

Community Development Block Grant (CDBG). A grant program administered by the U.S. Department of Housing and Urban Development (HUD) on a formula basis for entitled communities and administered by the State Department of Housing and Community Development (HCD) for non-entitled jurisdictions. This grant allots money to cities and counties for housing rehabilitation and community development, including public facilities and economic development.

Condominium. A multi-family building where the units are individually owned, and the common space is owned collectively by condominium unit owners. A condominium structure may have two or more units.

Covenants, Conditions, and Restrictions (CC&Rs). A term used to describe restrictive limitations that may be placed on property and its use, and which usually are made a condition of holding title or lease.

Deed. A legal document which affects the transfer of ownership of real estate from the seller to the buyer.

Density Bonus. The allocation of development rights that allow a parcel to accommodate additional square footage or additional residential units beyond the maximum for which the parcel is zoned, usually in exchange for the provision or preservation of an amenity at the same site or at another location.

Brentwood 2023-2031 Housing Element
Appendix D: Glossary of Housing Terms D-3
Density, Residential. The number of permanent residential dwelling units per acre of land. Densities specified in the General Plan may be expressed in units per gross acre or per net developable acre.

Developable Land. Land that is suitable as a location for structures and that can be developed free of hazards to, and without disruption of, or significant impact on, natural resource areas.

Discretionary Action. An action or approval which requires the exercise of judgment or deliberation when the City decides to approve or disapprove a project.

Down Payment. Money paid by a buyer from his own funds, as opposed to that portion of the purchase price which is financed.

Duplex. A building on a single lot containing two dwelling units each of which is totally separated from the other by a shared wall that extends from the foundation to the roof.

Dwelling Unit (DU). One or more habitable rooms that are designed and/or used as independent living quarters for one family, with facilities for living, eating and sleeping, with no more than one kitchen facility consisting of one or more of the following: sink, cooking facility or refrigerator (except that two kitchens are allowed where the habitable floor area of the dwelling is 8,000 square feet or larger), and at least one bathroom, and where all such habitable areas have access to each other from within the building. Any detached structure or portion of a dwelling which has a separate entry and is separate from that dwelling, containing a full bathroom including a water closet, basin, and shower or bathtub or containing a half bathroom including a water closet and basin, the area of which half bathroom exceeds 20 square feet, shall also be considered a dwelling or dwelling unit.

Elderly Housing. Typically, one- and two-bedroom apartments or condominiums designed to meet the needs of persons 62 years of age and older or, if more than 150 units, persons 55 years of age and older, and restricted to occupancy by them.

Emergency Shelter. A facility that provides temporary, short-term housing, with minimal supportive services, for individuals or families experiencing homelessness, provided that no facility is used as temporary, short-term housing by any individual or family for more than 30 consecutive days.

Supplemental services may include food, counseling, and access to other social programs. No individual or household may be denied emergency shelter because of an inability to pay.

Extremely Low-Income Household. A household with an annual income that is less than 30 percent of the area median family income adjusted by household size, as determined by a survey of incomes conducted by a city or a county, or in the absence of such a survey, based on the latest available eligibility limits established by the U.S. Department of Housing and Urban Development (HUD) for the Section 8 housing program.

Fair Market Rent. The rent, including utility allowances, determined by the United States Department of Housing and Urban Development for purposed of administering the Section 8 Program.

Family. The term “Family” is defined by the Brentwood Municipal Code as the functional equivalent of a traditional family, whose members are an interactive group of persons jointly occupying a single dwelling unit including the joint use of and responsibility for common areas, sharing household activities and

Brentwood 2023-2031 Housing Element
Appendix D: Glossary of Housing Terms D-4
responsibilities such as meals, chores, household maintenance, and expenses. If the dwelling unit is rented, this means that all adult residents have chosen to jointly occupy the entire premises of the dwelling unit, under a single written lease for the entire dwelling, with joint use and responsibility of the premises, and the makeup of the household occupying the unit is determined by the residents of the unit rather than by the landlord or property manager.

General Plan. A comprehensive, long-term plan mandated by State Planning Law for the physical development of a city or county and any land outside its boundaries which, in its judgment, bears relation to its planning. The plan shall consist of seven required elements: land use, circulation, open space, conservation, housing, safety, and noise. The plan must include a statement of development policies and a diagram or diagrams illustrating the policies.

Goal. A general, overall, and ultimate purpose, aim, or end toward which the City will direct effort.

Green Building. Green or sustainable building is the practice of creating healthier and more resourceefficient models of construction, renovation, operation, maintenance, and demolition. (U.S.

Environmental Protection Agency)
Historic Preservation. The preservation of historically significant structures and neighborhoods until such time as, and in order to facilitate, restoration and rehabilitation of the building(s) to a former condition.

Historic Property. A historic property is a structure or site that has significant historic, architectural, or cultural value.

Household. All those persons—related or unrelated—who occupy a single housing unit. (See “Family.”) Housing and Community Development Department (HCD). The State agency that has principal responsibility for assessing, planning for, and assisting communities to meet the needs of low- and moderate-income households.

Housing Element. One of the seven State-mandated elements of a local general plan, it assesses the existing and projected housing needs of all economic segments of the community, identifies potential sites adequate to provide the amount and kind of housing needed, and contains adopted goals, policies, and implementation programs for the preservation, improvement, and development of housing. Under State law, Housing Elements must be updated every five years.

Housing Payment. For ownership housing, this is defined as the mortgage payment, property taxes, insurance, and utilities. For rental housing this is defined as rent and utilities.

Housing Ratio. The ratio of the monthly housing payment to total gross monthly income; also called Payment-to-Income Ratio or Front-End Ratio.

Housing Unit. The place of permanent or customary abode of a person or family. A housing unit may be a single-family dwelling, a multi-family dwelling, a condominium, a modular home, a mobile home, a cooperative, or any other residential unit considered real property under State law.

Brentwood 2023-2031 Housing Element
Appendix D: Glossary of Housing Terms D-5
Housing and Urban Development, U.S. Department of (HUD). A cabinet-level department of the federal government that administers housing and community development programs.

Implementing Policies. The City’s statements of its commitments to consistent actions.

Implementation. Actions, procedures, programs, or techniques that carry out policies.

Infill Development. The development of new housing or other buildings on scattered vacant lots in a builtup area or on new building parcels created by permitted lot splits.

Jobs-Housing Balance. A ratio used to describe the adequacy of the housing supply within a defined area to meet the needs of persons working within the same area. The General Plan uses SCAG’s definition which is a job total equal to 1.2 times the number of housing units within the area under consideration.

Junior Accessory Dwelling Unit (JADU). A unit that is no more than 500 square feet in size that is contained entirely within the walls of a single-family residence, including attached garages, and that has a separate entrance. At a minimum, a Junior Accessory Dwelling Unit shall include an efficiency kitchen with a food preparation counter, cooking facility with appliances and storage cabinets, and may include separate sanitation facilities or may share sanitation facilities within the existing single-family residence.

Land Use Classification. A system for classifying and designating the appropriate use of properties.

Live-Work Units. Buildings or spaces within buildings that are used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work.

Lot Coverage. The maximum lot area which may be covered with buildings and structures. Buildings and structures include all land covered by Principal Buildings, garages and carports, Accessory Structures, covered decks and gazebos, and other enclosed and covered areas; but not standard roof overhangs, cornices, eaves, uncovered decks, swimming pools, paved areas such as walkways, driveways, patios, uncovered parking areas or roads. All areas of coverage are computed in terms of net lot area at ground level.

Low-Income Household. A household with an annual income usually between 51 and 80 percent of the area median income adjusted by household size, as determined by a survey of incomes conducted by a city or a county, or in the absence of such a survey, based on the latest available eligibility limits established by the U.S. Department of Housing and Urban Development (HUD) for the Section 8 housing program.

Low-Income Housing Tax Credits. Tax reductions provided by the federal and State governments for investors in housing for low-income households.

Manufactured Housing. Residential structures that are constructed entirely in the factory, and which since June 15, 1976, have been regulated by the federal Manufactured Home Construction and Safety Standards Act of 1974 under the administration of the U.S. Department of Housing and Urban Development (HUD). (See “Mobile home” and “Modular Unit.”)

Brentwood 2023-2031 Housing Element
Appendix D: Glossary of Housing Terms D-6
Ministerial Action. A non-discretionary action or approval where the City merely has to determine whether a project conforms with applicable statutes, ordinances, or regulations.

Mixed-Use. Properties on which various uses, such as office, commercial, institutional, and residential, are combined in a single building or on a single site in an integrated development project with significant functional interrelationships and a coherent physical design. A “single site” may include contiguous properties.

Mobile Home. Also known as manufactured homes or modular homes, single-family housing units which are certified under the National Mobilehome Construction and Safety Standards Act of 1974, and which are to be placed on a foundation system. This structure, transportable in one or more sections, is designed and equipped to contain not more than one dwelling unit, and shall not include a recreational vehicle, commercial coach, or factor-built housing.

Mobile Home/Manufactured Home Park. Any area of tract of land where two or more mobile home lots are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation. The rental paid for any such mobile home shall be deemed to include rental for the lot it occupies.

Moderate-Income Household. A household with an annual income usually between 81 and 120 percent of the area median income adjusted by household size, as determined by a survey of incomes conducted by a city or a county, or in the absence of such a survey, based on the latest available eligibility limits established by the U.S. Department of Housing and Urban Development (HUD) for the Section 8 housing program.

Monthly Housing Expense. Total principal, interest, taxes, and insurance paid by the borrower on a monthly basis. Used with gross income to determine affordability.

Multi-Family Residence. Housing where multiple separate housing units for residential inhabitants are contained within one building or several buildings within one complex. Either detached units or converted units, but not both, may be allowed on any one parcel zoned to allow multifamily dwellings of two units or more.

Ordinance. A law or regulation set forth and adopted by a governmental authority, usually a city or county.

Overcrowded Housing Unit. A housing unit in which the members of the household, or group are prevented from the enjoyment of privacy because of small room size and housing size. The U.S. Bureau of Census defines an overcrowded housing unit as one which is occupied by more than one person per room.

Parcel. A lot or tract of land.

Person with a Disability. Any individual (1) with a physical or mental impairment that substantially limits one or more major life activities; (2) with a record of such impairment; or (3) who is regarded as having such an impairment. A physical or mental impairment includes, but is not limited to, conditions such as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus (HIV), developmental disabilities, mental illness, drug addiction, and alcoholism.

Brentwood 2023-2031 Housing Element
Appendix D: Glossary of Housing Terms D-7
Planning Area. The area directly addressed by the general plan. A city’s planning area typically encompasses the city limits and potentially annexable land within its sphere of influence.

Policy. A specific statement of principle or of guiding action that implies clear commitment but is not mandatory. A general direction that a governmental agency sets to follow, in order to meet its objectives before undertaking an action program. (See “Program.”)
Poverty Level. As used by the U.S. Census, families and unrelated individuals are classified as being above or below the poverty level based on a poverty index that provides a range of income cutoffs or “poverty thresholds” varying by size of family, number of children, and age of householder. The income cutoffs are updated each year to reflect the change in the Consumer Price Index.

Program. An action, activity, or strategy carried out in response to adopted policy to achieve a specific goal or objective. Policies and programs establish the “who,” “how” and “when” for carrying out the “what” and “where” of goals and objectives.

Redevelop. To demolish existing buildings; or to increase the overall floor area existing on a property; or both; irrespective of whether a change occurs in land use.

Regional. Pertaining to activities or economies at a scale greater than that of a single jurisdiction and affecting a broad geographic area.

Regional Housing Needs Allocation. A quantification by the local council of governments of existing and projected housing need, by household income group, for all localities within a region.

Rehabilitation. The repair, preservation, and/or improvement of substandard housing.

Residential. Land designated in the General Plan and zoning ordinance for building consisting of dwelling units. May be improved, vacant, or unimproved. (See “Dwelling Unit.”) Residential Care Facility. A facility that provides 24-hour care and supervision to its residents.

Retrofit. To add materials and/or devices to an existing building or system to improve its operation, safety, or efficiency. Buildings have been retrofitted to use solar energy and to strengthen their ability to withstand earthquakes, for example.

Rezoning. An amendment to the map to effect a change in the nature, density, or intensity of uses allowed in a zoning district and/or on a designated parcel or land area.

Section 8 Rental Assistance Program. A federal (HUD) rent-subsidy program, which is one of the main sources of federal housing assistance for low-income households, operates by providing “housing assistance payments” to owners, developers, and public housing agencies to make up the difference between the “Fair Market Rent” of a unit (set by HUD) and the household’s contribution toward the rent, which is calculated at 30 percent of the household’s adjusted gross monthly income (GMI). “Section 8” includes programs for new construction, existing housing, and substantial or moderate housing rehabilitation.

Brentwood 2023-2031 Housing Element
Appendix D: Glossary of Housing Terms D-8
Senior Citizen Apartment. A multi-family building of three or more residential units that is under single ownership where all units are restricted to occupants aged 62 and older.

Shared Living Facility. The occupancy of a dwelling unit by persons of more than one family in order to reduce housing expenses and provide social contact, mutual support, and assistance. Shared living facilities serving six or fewer persons are permitted in all residential districts by Section 1566.3 of the California Health and Safety Code.

Single-Family Dwelling, Attached. A dwelling unit occupied or intended for occupancy by only one household that is structurally connected with at least one other such dwelling unit. (See “Townhouse.”) Single-Family Dwelling, Detached. A dwelling unit occupied or intended for occupancy by only one household that is structurally independent from any other such dwelling unit or structure intended for residential or other use. (See “Family.”)
Single Housekeeping Unit. A residence with two or more members, whose members are a non-transient interactive group of persons jointly occupying a single dwelling unit, including but not limited to the joint use of common areas and sharing household activities and responsibilities such as meals, chores, and expenses.

Single Room Occupancy (SRO). A building or buildings constructed or converted for residential living consisting of one-room dwelling units, where each unit is occupied by a single individual or two persons living together as a domestic unit, and where the living and sleeping space are combined. A one-room dwelling unit is not required to contain a bathroom or a kitchen except that if a bathroom or kitchen is not provided within the unit such common facilities shall be provided on-site for residents. A unit that contains both a bathroom and kitchen shall be considered a studio unit and not a Single Room Occupancy Unit. Common facilities for laundry may or may not be provided on-site.

Special Housing Needs. Special housing needs are those associated with specific demographic or occupational groups that call for specific Housing Element program responses. State law specifically requires Housing Element analysis of the special housing needs of people who are elderly or disabled (including developmental disabilities), female-headed households, large families, farmworkers, and people experiencing homelessness. These special-needs groups often spend a disproportionate amount of their income to secure safe and decent housing and are sometimes subject to discrimination based on their specific needs or circumstances.

Subsidize. To assist by payment of a sum of money or by the granting to terms or favors that reduces the need for monetary expenditures. Housing subsidies may take the forms or mortgage interest deductions or tax credits from federal and/or state income taxes, sale, or lease at less than market value of land to be used for the construction of housing, payments to supplement a minimum affordable rent, and the like.

Substandard Housing. Residential dwellings that, because of their physical condition, do not provide safe and sanitary housing.

Supportive Housing. Housing with no limit on length of stay, that is occupied by the target population as defined in California Health and Safety Code Section 53260(d), and that is linked to onsite or offsite

Brentwood 2023-2031 Housing Element
Appendix D: Glossary of Housing Terms D-9
services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

Target Areas. Specifically, designated sections of the community where loans and grants are made to bring about a specific outcome, such as the rehabilitation of housing affordable by very low- and lowincome households.

Target Population. Target population refers to people with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly people, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and people experiencing homelessness.

Tax Increment. Additional tax revenues that result from increases in property values within a redevelopment area. State law permits the tax increment to be earmarked for redevelopment purposes but requires at least 20 percent to be used to increase and improve the community’s supply of very lowand low-income housing.

Tenure. A housing unit is owner-occupied if the owner or co-owner lives in the unit, even if it is mortgaged or not fully paid for. A cooperative or condominium unit is owner-occupied only if the owner or co-owner lives in it. All other occupied units are classified as renter-occupied including units rented for cash rent and those occupied without payment of cash rent.

Townhouse. A single-family unit constructed in a group of three or more attached units in which each unit extends from the foundation to the roof and with its own front and rear access to the outside. A townhouse unit can be individually owned.

Transitional Housing. A dwelling unit occupied by seven or more homeless persons or families (large) or six or fewer homeless persons or families (small), which is operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time which shall be no less than six months.

Undevelopable. Specific areas where topographic, geologic, and/or superficial soil conditions indicate a significant danger to future occupants and a liability to the City.

Brentwood 2023-2031 Housing Element
Appendix D: Glossary of Housing Terms D-10
Acronyms Used
ABAG: Association of Bay Area Governments
ACS: American Community Survey
ADU: Accessory Dwelling Unit
AFFH: Affirmatively Furthering Fair Housing
AFH: Assessment of Fair Housing
AI: Analysis of Impediments
AMI: Area Median Income
AMFI: Area Median Family Income
BBSP: Brentwood Boulevard Specific Plan
BMR: Below Market Rate
BPD: Brentwood Police Department
CAR: California Association of Realtors
CCWD: Contra Costa Water District
CDBG: Community Development Block Grant
CDDS: California Department of Developmental
Services
CERT: Community Emergency Response Team
CEQA: California Environmental Quality Act
CHAS: Comprehensive Housing Affordability
Strategy
CPCU: California Public Utilities Commission
DFEH: California Department of Fair
Employment and Housing
DSP: Downtown Specific Plan
DU/AC: Dwelling Units Per Acre
DU: Dwelling Unit
ECCFPD: East Contra Costa Fire Protection
District
ECHO: Eden Council for Hope and Opportunity
EDD: California Employment Development
Department
EMS: Emergency Medical Services
FAR: Floor Area Ratio
FEMA: Federal Emergency Management Agency
FHAA: Federal Fair Housing Amendment Act
FHEO: Office of Fair Housing and Equal
Opportunity
FMR: Fair Market Rate
HAMI: HUD Area Median Income
HAMFI: HUD Area Median Family Income
HCD: California State Department of Housing
and Community Development
HCVP: Section 8 Housing Choice Voucher
Program
HH: Household(s)
HMDA: Home Mortgage Disclosure Act
HOA: Homeowners Association
HOME: HOME Investment Partnership Program
HCD: California Department of Housing and
Community Development
HUD: Department of Housing and Urban
Development
ICC: International Code Council
JADU: Junior Accessory Dwelling Unit
LIHTC: Low Income Housing Tax Credit
MFI: Median Family Income
MSA/MD: Metropolitan Statistical
Area/Metropolitan Division
OEHHA: California Office of Environmental
Health Hazard Assessment
PG&E: Pacific Gas and Electric
RBWTP: Randall-Bold Water Treatment Plant
R/ECAP: Racially and Ethnically Concentrated
Areas of Poverty
RCAA: Racially and Ethnically Concentrated
Areas of Affluence
RHNA: Regional Housing Needs Allocation
RHND: Regional Housing Needs Determination
ROI: Regional Opportunity Index
SRO: Single-Room Occupancy Unit
SWP: State Water Project
TCAC/HCD: California Tax Credit Allocation
Committee/HCD
TOD: Transit-Oriented Development

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CITY COUNCIL AGENDA ITEM NO. F.2
02/13/2024
SUBJECT: An amendment to Title 17 (Zoning) of the Brentwood Municipal Code regarding oil and gas regulations
DEPARTMENT: Community Development Department
STAFF: Alexis Morris, Director of Community Development Erik Nolthenius, Planning Manager

TITLE/RECOMMENDATION
Adoption of an ordinance removing oil and gas development as conditionally permitted uses in Planned Development District No. 17 and Planned Development District No. 55, requiring oil and gas development uses to be expressly listed as permitted or conditionally permitted uses in a district to be permitted or eligible for conditional use permits, amending oil and gas production regulations, and finding the action exempt from CEQA (RZ 23-003).

The adoption of the proposed ordinance is a discretionary action by the City Council and therefore, subject to consideration under the California Environmental Quality Act (CEQA). The ordinance has been assessed in accordance with the authority and criteria contained in CEQA, the State CEQA Guidelines, and the environmental regulations of the City. Pursuant to CEQA and the CEQA Guidelines, it has been determined that the proposed ordinance is exempt from CEQA, including without limitation, requirements for CEQA review, pursuant to the following exemptions: the “common sense” exemption under CEQA Guidelines Section 15061(b)(3), and the categorical exemption under CEQA Guidelines Section 15308 for Class 8 - Actions by Regulatory Agencies for the Protection of the Environment.

FISCAL IMPACT
There is no fiscal impact associated with adoption of the ordinance, other than staff time spent preparing it.

BACKGROUND
The City of Brentwood regulates oil and gas development within the city via Brentwood Municipal Code (BMC) Chapter 17.680. Oil and gas development is currently only explicitly authorized with a conditional use permit in a portion of Garin Ranch (the PD-17 zone), pursuant to BMC section 17.467.002, and in a portion of Sciortino Ranch (subareas 3 and 4 of the PD-55 zone), pursuant to section

17.505.004(E)(12). The City Council previously directed staff to examine the feasibility of a stronger set of regulations, including but not limited to, considering an

CITY COUNCIL AGENDA ITEM NO. F.2
02/13/2024
increased buffer zone for sensitive receptor areas and a total ban on new oil and gas development within city limits.

On April 12, 2022, the City Council adopted an Interim Urgency Ordinance imposing a temporary moratorium on new oil and gas development within the city, to allow staff to study and analyze the subject and prepare a comprehensive update to the BMC to regulate oil and gas activities moving forward. On May 24, 2022, the City Council adopted a first extension to the moratorium, for a period of 10 months and 15 days. On March 28, 2023, the City Council adopted a second and final extension to the moratorium, for an additional one-year period. No further extensions of the Interim Urgency Ordinance are allowed under state law.

CALIFORNIA SUPREME COURT CASE
On August 3, 2023, the Supreme Court of California issued a ruling in the case Chevron U.S.A., Inc., et al. v. County of Monterey, et al. (2023) 15 Cal.5th 135.

There, the Court considered a County ballot measure that would have imposed severe restrictions on oil and gas development by banning the drilling of new oil and gas wells in the County and phasing out the use of wastewater injection and impoundment for new and existing wells in the County. The Court determined that the measure was invalid because it conflicted with state law. Specifically, the Court held that Public Resources Code section 3106 preempted the County’s measure, as the local measure conflicted with section 3106’s grant of authority to a State official to approve “methods and practices” of oil and gas production that the State official deemed suitable.

While the Court held that state law preempted the Monterey County measure as it pertained to local regulation of methods and practices of oil extraction, it did not necessarily preclude a city’s ability to regulate where oil and gas extraction could occur. The Court did not address whether a jurisdiction-wide prohibition that only regulated the locations of oil and gas activities, which would be a permissible exercise of a jurisdiction’s traditional zoning powers, would be preempted.

To address the Court’s decision, staff has prepared a revised ordinance that focuses narrowly on the specific locations in the city in which oil and gas development may occur. The revised ordinance takes a number of steps:
 PD-17 and PD-55. Currently, oil and gas development uses are only designated as conditionally permitted uses in PD-17 and PD-55. The revised ordinance removes oil and gas development uses as conditionally permitted uses in these districts.

CITY COUNCIL AGENDA ITEM NO. F.2
02/13/2024
 All districts. The proposed ordinance states that oil and gas development uses may be permitted or conditionally permitted uses in a district only if those uses are expressly listed as permitted or conditionally permitted uses in those districts. As a result, oil and gas development uses would not be permitted or conditionally permitted uses in any district within the City.  Citywide. To take into account the Chevron decision and to address concerns related to the local health effects of oil and gas activities, the proposed ordinance further revises Chapter 17.680 in case a future city council decides to allow oil and gas development uses as permitted or conditionally permitted uses in a zoning district or districts. Additional revisions to the ordinance’s regulatory provisions from the previously proposed version reviewed by the Planning Commission in May 2023 include the following:
o Recognizing that the State regulatory agency for oil and gas operations is the California Geologic Energy Management Division (CalGEM) and making minor modifications to ensure consistency with CalGEM regulations;
o Retaining the appeal procedures for suspended or revoked permits, to protect a permittee’s due process rights; and
o Retaining the amended regulatory provisions contained in Chapter

17.680 instead of having them become effective only upon a judicial ruling.

After studying and analyzing the potential economic, health, safety, and community effects of long-term changes to the City’s regulation of oil and gas developments, staff and the Planning Commission recommend that the City Council adopt the proposed ordinance:
 removing oil and gas development as conditionally permitted uses in planned development districts 17 and 55,
 requiring oil and gas development uses to be expressly listed as permitted or conditionally permitted uses in a district to be permitted or eligible for conditional use permits,
 amending oil and gas production regulations, and
 finding the action exempt from CEQA.

CITY COUNCIL AGENDA ITEM NO. F.2
02/13/2024
ZONING
Pursuant to Chapter 17.680, the BMC presently authorizes oil and gas drilling, production, and exploratory operations in certain areas of Brentwood, subject to permitting obligations and imposition of site conditions. For instance, under the current regulations, an applicant for an oil and gas permit or land use entitlement must comply with all development standards applicable to drilling or production operations, including a minimum production site size, fencing, screening and landscaping restrictions, setbacks, soundproofing, signs, storage tanks and equipment size and locations, and safety restrictions, among other things.

PD-17 and PD-55 are largely built out. Uses in these districts include residential, public parks, daycare facilities, and preschools. Oil and gas uses in these districts would be in close proximity to these sensitive uses. In light of the health risks discussed above, oil and gas development is no longer appropriate in these areas.

ENVIRONMENTAL AND HEALTH EFFECTS
Oil and gas production activities can have significant and prolonged environmental and health effects. For example, oil and gas production can substantially increase air pollution and related adverse health effects in the areas where permitted, and fossil fuel extraction contributes to emissions that create long-term climate change effects.1 There are also health risks specifically associated with residential proximity to oil and gas drilling, including but not limited to adverse effects on reproductive health and birth weights.2 According to the U.S. Occupational Safety and Health

1 See, e.g., Gonzalez, David J.X. et al. “Upstream Oil and Gas Production and Ambient Air Pollution in California.” Science of the Total Environment vol. 806, part 1 (Feb. 2022), available at https://www.sciencedirect.com/science/article/pii/S0048969721053754 (concluding that “proximity to oil and gas wells in both preproduction and production increased concentrations of PM2.5, CO, NO2, O3, and VOCs at distances up to 4km downwind of wells. These findings indicate that proximity to wells is an appropriate metric for airpollution related exposures in population health studies. Notably, increases in PM2.5 concentrations near wells could be a mediating factor for previously reported increases in risk of adverse birth outcomes with proximity to wells in California.”); see also Sadd, James et al., “Oil Extraction in Los Angeles: Health, Land Use, and Environmental Justice Consequences,” “Drilling Down: The Community Consequences of Expanded Oil Development in Los Angeles” Liberty Hill Foundation (2015), available at https://libertyhillassets-2.s3-us-west-2.amazonaws.com/media/documents/Drilling_Down_Report_-_Full.pdf; 2 Willis, Mary D et al. “Associations between Residential Proximity to Oil and Gas Drilling and Term Birth Weight and Small-for-Gestational-Age Infants in Texas: A Difference-inDifferences Analysis.” Environmental Health Perspectives vol. 129,7 (2021) available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8293911/. See also Apergis, N., Hayat, T., & Saeed, T., “Fracking and infant mortality: Fresh evidence from Oklahoma.” Environmental Science and Pollution Research, 26(31), 32360–32367 (2019) available at https://doi.org/10.1007/s11356-019-06478-z; Shonkoff et al., “Response to CalGEM

CITY COUNCIL AGENDA ITEM NO. F.2
02/13/2024
Administration, other safety hazards associated with oil and gas drilling uses include vehicle collisions, explosions and fires, and other related and indirect risks. 3 Brentwood prides itself on caring for the health and well-being of its residents, workers, and visitors; restricting the location of new development of oil and gas operations within the City will protect the continued ability of the Brentwood community to enjoy clean air and water, and live and work in a healthy and thriving community.

The proposed ordinance restricting the locations of oil and gas development uses and amending the regulatory requirements for oil and gas operations within city limits are consistent with concerns raised by community members, direction provided by the City Council, and with the City’s General Plan.

ACTIVE/PENDING PERMIT APPLICATIONS
There are no active/pending permit or entitlement applications relating to proposed oil and gas development projects within the city. Accordingly, the ordinance will not have any immediate or anticipated effect on private property or development rights.

Further, staff’s research indicates that there are no active wells – including idle wells which may be re-engaged in the future – in city limits, meaning there are no vested rights to continue drilling or any related oil and gas operations that will be affected by this action. The apparent lack of oil and gas activity, combined with recent research demonstrating the adverse health impacts of residing within close proximity of oil and gas development sites detailed above, shows that the economic and other benefits of oil and gas development to the community have come to be outweighed by the considerable environmental-, health-, and quality of life-related costs.

Questions for the California Oil and Gas Public Health Rulemaking Scientific Advisory Panel” (Oct. 2021) available at https://www.conservation.ca.gov/calgem/Documents/publichealth/Public%20Health%20Panel%20Responses_FINAL%20ADA.pdf; Shamasunder, Bhavna et al. “Community-Based Health and Exposure Study around Urban Oil Developments in South Los Angeles, International Journal of Environmental Research and Public Health 15(1):138 (Jan. 15, 2018) (finding increased asthma in residential areas located within 1,500 feet of oil development sites in Los Angeles), available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5800237/; City of Los Angeles, Department of City Planning, Recommendation Report to City Planning Commission (Sept. 22, 2022), Case No. CPC-2022-4864-CA; CF No. 17-0447, pages A1-A3, available at https://planning.lacity.org/plndoc/Staff_Reports/2022/09-13-2022/CPC_2022_4864.pdf. 3 U.S. Department of Labor, Occupational Safety and Health Administration, “Oil and Gas Extraction” (accessed December 2023), available at https://www.osha.gov/oil-and-gasextraction/hazards.

CITY COUNCIL AGENDA ITEM NO. F.2
02/13/2024
Staff did confirm with the County that there is one pending land use entitlement on behalf of Sunset Exploration to drill in an unincorporated area outside Brentwood city limits (APN 019-120-002) and (to the best of staff’s knowledge, after consulting with the County’s permitting division) five existing land use entitlements in unincorporated/County areas held by Sunset Exploration;4these entitlements will not be affected by the City’s action to ban oil and gas land uses within its boundaries.

In the event that an oil and gas producer comes forward with evidence demonstrating the existence of a vested right to conduct oil and gas production operations within the city, the proposed ordinance includes language providing an exception from its provisions for producers with such vested rights.

PLANNING COMMISSION ACTION
On January 16, 2024, the Planning Commission held a public hearing to consider the proposed ordinance. One member of the public spoke in support. After closing the public hearing and a brief deliberation, the Planning Commission unanimously recommended that it be adopted by the City Council as drafted by staff.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
The City of Brentwood published a notice of public hearing in the Brentwood Press on February 2, 2024.

ENVIRONMENTAL DETERMINATION
The adoption of the proposed ordinance is a discretionary action by the City Council, and therefore, subject to consideration under the California Environmental Quality Act (CEQA). The ordinance has been assessed in accordance with the authority and criteria contained in CEQA, the State CEQA Guidelines, and the environmental regulations of the City. Pursuant to CEQA and the CEQA Guidelines, it has been

4 Per correspondence with the County, there is a current land use permit for active drilling on APN 057-060-008, and between 2001 and 2009, four other land use permits were approved on sites in Knightsen, unincorporated Brentwood, unincorporated Concord, and unincorporated Antioch areas.

CITY COUNCIL AGENDA ITEM NO. F.2
02/13/2024
determined that the proposed ordinance is exempt from CEQA, including without limitation, requirements for CEQA review, pursuant to the following exemptions: the “common sense” exemption under CEQA Guidelines Section 15061(b)(3), and the categorical exemption under CEQA Guidelines Section 15308 for Class 8 - Actions by Regulatory Agencies for the Protection of the Environment.

In connection with making the determination as to whether the proposed ordinances are exempt from CEQA, staff evaluated the potential for environmental effects associated with the elimination of oil and gas development uses as permitted or conditionally permitted uses in PD-17 and PD-55 and the new regulations applicable to oil and gas uses, and evaluated the applicability of certain exemptions to these proposed ordinances.

Ultimately, due to the long-term cessation of oil and gas uses within the city and the imposition of enhanced regulatory requirements on oil and gas operators in the city, the proposed ordinance will result in beneficial effects that would promote protection of the environment. Such benefits include, but are not limited to:
 Improved land use consistency and compatibility between oil production areas and other surrounding community uses;
 As to air quality, incremental reductions in air pollutants locally and assisting the region in meeting clean air goals, and as to climate change, incremental reductions in the State’s contribution to GHG emissions;  Improved visual character and aesthetics by restoration of the areas affected by oil and gas land use activities to as near a natural state as practicable; and  Enhanced public health, welfare, and safety, and protection of the environment by further restricting locations in which oil and gas development uses may occur and regulating aged and outdated infrastructure that is vulnerable to failure and poses a threat to public safety and to the environment.

Staff considered whether restricting oil and gas production uses within City limits would have any negative environmental effects. Staff determined that, because there is currently no oil and gas production activity within the City, there would be no adverse impacts related to relocation of any such activities or related to any purported need for oil and gas resources to travel farther to refineries or end-users.

CITY COUNCIL AGENDA ITEM NO. F.2
02/13/2024
Staff has not identified any evidence that oil and gas produced in Brentwood, if any, would be refined or consumed within or near the City; and even if it were, the relatively small population of Brentwood (approximately 66,000 as of July 2022)5 and its correspondingly-sized demand for oil and gas products suggests that any increase in greenhouse gas emissions related to increased movement of oil and gas into the City would be insignificant. Moreover, the oil and gas extraction industry in the United States alone produces over ten thousand barrels of crude oil per day;6 any effects related to the redistribution of any contribution from within the City of Brentwood, should any occur, would be negligible.

Finally, because there are no currently active oil and gas wells within the city or idle wells that may be re-engaged in the future, the changes to the regulatory provisions in Chapter 17.680 cannot lead to any impacts on the environment.

ALTERNATIVE OPTION(S)
None recommended.

ATTACHMENT(S)

1. Previous Action

2. Draft City Council Ordinance

3. Planning Commission Resolution No. 24-004

5 “QuickFacts: Brentwood city, California,” United States Census Bureau, available at https://www.census.gov/quickfacts/brentwoodcitycalifornia (accessed December 2023). 6 “U.S. Field Production of Crude Oil,” U.S. Energy Information Administration, available at https://www.eia.gov/dnav/pet/hist/LeafHandler.ashx?n=PET&s=MCRFPUS2&f=M (accessed December 2023).

PREVIOUS ACTION(S)
Previous actions related to this agenda item that were taken by the 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 to research references to the Brentwood Municipal Code and search by the code section(s) cited.  On March 22, 2022, the City Council unanimously voted to direct staff to return with an interim moratorium on oil and gas drilling in the city, while continuing to research and prepare an ordinance that will target all such uses within 3,200 feet of sensitive receptor areas, and permanently ban oil and gas drilling within city limits.
 On April 12, 2022, the City Council unanimously voted to adopt an interim moratorium on oil and gas drilling in the city, so that staff could continue to research and prepare a long-term, forward-looking ordinance that will target 3,200 feet of sensitive receptor areas, and permanently ban oil and gas drilling within city limits, if appropriate.
 On May 24, 2022, the City Council unanimously voted to extend the interim moratorium on drilling, for a period of 10 months and 15 days, in accordance with Government Code section 65858(a).
 On March 28, 2023, the City Council unanimously voted to extend the interim moratorium for a final period of one year, in accordance with Government Code section 65858(a).
 On October 10, 2023, the City Council received an informational update from staff stating that a revised version of the proposed ordinance would be returned to the Planning Commission for further review and recommendation.

ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD REMOVING OIL AND GAS DEVELOPMENT USES AS

CONDITIONALLY PERMITTED USES IN PLANNED DEVELOPMENT
DISTRICTS 17 AND 55, REQUIRING OIL AND GAS DEVELOPMENT

USES TO BE EXPRESSLY LISTED AS PERMITTED OR

CONDITIONALLY PERMITTED USES IN A DISTRICT TO BE

PERMITTED OR ELIGIBLE FOR CONDITIONAL USE PERMITS,

AMENDING OIL AND GAS PRODUCTION REGULATIONS, AND

FINDING THE ACTION EXEMPT FROM CEQA
WHEREAS, the City of Brentwood (City) regulates oil and gas development within the City via Brentwood Municipal Code (BMC) Chapter 17.680, entitled “Oil and Gas Production,” and designates oil and gas development as conditionally permitted uses in Planned Development Districts 17 and 55, but the City now wishes to revise those designations and adopt a more robust set of regulations of oil and gas development activities; and
WHEREAS, on April 12, 2022, the City Council adopted Interim Urgency Ordinance No. 1036, pursuant to California Government Code section 65858, which authorized a temporary moratorium on new oil and gas development in the City of Brentwood, so that City staff could study and analyze the subject and prepare a comprehensive update to the BMC to regulate oil and gas activities moving forward; and
WHEREAS, in accordance with Government Code section 65858(a), the City Council subsequently extended said Urgency Ordinance for an initial period of 10 months and 15 days, followed by a final period of one year; and WHEREAS, after using the time provided by the adoption of the interim moratorium, staff has studied, analyzed, and reported on the benefits and detriments of enacting a permanent ban on new oil and gas development, and has recommended and prepared this Ordinance to restrict the locations in the City in which oil and gas development uses may be conducted subject to conditional use permits; and WHEREAS, due to the density of residential development in Planned Development Districts 17 and 55 and the presence of other sensitive uses in those districts, including public parks, daycare facilities, and preschools, as well as the significant adverse local health, safety, aesthetic, noise, and other impacts of oil and gas development, oil and gas development is no longer appropriate as a conditionally permitted use in those districts; and
WHEREAS, the revisions to Chapter 17.860 include the addition of a provision stating that, to be permitted or conditionally permitted uses in any zoning district in the City, oil and gas development uses must be expressly listed as permitted or conditionally permitted uses within that district; and

WHEREAS, as a result of the revisions to Chapter 17.860 and the changes to Planned Development Districts 17 and 55, oil and gas development uses will not be permitted or conditionally permitted uses in any zoning district in the City; but should a future change to zoning designations list oil and gas development as a permitted or conditionally permitted use in a zoning district, the amendments to Chapter 17.860 will better protect the health and safety of City residents and visitors; and WHEREAS, on May 2, 2023, the Planning Commission held a public hearing and unanimously adopted (1) a resolution recommending the City Council adopt an ordinance enacting a permanent ban on oil and gas developments within the City, and (2) a resolution recommending, in the alternative, that the City Council adopt an ordinance enacting more stringent regulatory control measures for existing oil and gas developments in the City; and
WHEREAS, on August 8, 2023, the City Council continued consideration of the matter to September 12, 2023; and
WHEREAS, on September 12, 2023, the City Council continued consideration of the matter to October 10, 2023; and
WHEREAS, on October 10, 2023, the City Council was provided an update on this matter, and informed that it would be brought to the Planning Commission for further review pursuant to Government Code section 65857; and WHEREAS, the proposed ordinance was presented to the Planning Commission for its further review pursuant to Government Code section 65857 on January 16, 2024; and
WHEREAS, the City published a Notice of Public Hearing in the Brentwood Press on February 2, 2024 in accordance with City policies and Government Code Section 65090; and
WHEREAS, adoption of the Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines because this ordinance will not cause a change in any of the physical conditions within the area affected by the ordinance; the Ordinance is also categorically exempt pursuant to Section 15308 of the CEQA Guidelines for Class 8 – Actions by Regulatory Agencies for the Protection of the Environment.

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

SECTION 1.Recitals. The recitals set forth above are hereby adopted as the findings of the City Council in connection with the adoption of this ordinance.

SECTION 2. With respect to Brentwood Municipal Code Section 17.870.008, which provides:

No rezoning of property or text amendment shall occur which is inconsistent with the city’s community development plan. In making a decision, the planning commission and council shall consider the consistency of the proposed action to the community development plan and other applicable city plans, and shall consider whether the proposed action is inappropriate or otherwise contrary to the public interest.

The City Council finds the proposed ordinance is consistent with the City’s General Plan, particularly, but not limited to, General Plan Goal IF 1 (“Maintain and improve Brentwood's infrastructure to provide high-quality services and protect health and safety”) insomuch as this action will protect public health and safety; and Goal SA 4 (“Protect citizens from dangers related to the movement, storage, and manufacture of hazardous materials”), insomuch as this action will protect citizens from dangers related to the movement, storage, and manufacture of oil and gas.

The City Council likewise finds that the changes set forth by Ordinance No. ___ are in service of the public health and welfare of the residents of the city of Brentwood, and thus are not inappropriate or otherwise contrary to the public interest.

Specifically, the City Council hereby makes the following findings:

A. Oil and gas development activities can have significant and prolonged environmental and health effects, including substantial increases in localized air pollution and emissions, which can in turn result in significant long-term climate change effects.

B. Other risks associated with such activities include adverse effects on reproductive health and birth weights, and the potential for workplace related incidents such as vehicle collisions and explosions/fires.

C. Restricting the locations of oil and gas development activities within the City of Brentwood protects the community’s ability to enjoy clean air and water, and to live and work in a healthy and thriving place.

SECTION 3. Amendment. Subdivision (H) of Section 17.467.002 of the BMC is hereby stricken in its entirety and replaced with the term “Reserved.” SECTION 4. Amendment. Subdivision (E)(12) of Section 17.505.004 of the BMC is hereby stricken in its entirety and replaced with the term “Reserved.” SECTION 5. Amendment. Chapter 17.680 is hereby amended in its entirety to read as set forth in Attachment A hereto, which is incorporated herein.

SECTION 6. Exceptions; procedures.

A. This ordinance shall not be applicable to the extent that it would violate the constitution or laws of the United States or the State of California.

This ordinance shall not apply to oil and gas exploration, development, or production projects for which the project proponent has obtained a vested right pursuant to state law prior to the effective date of this ordinance.

B. In the event a property owner contends that the application of this ordinance effects an unconstitutional taking of property without compensation, the property owner may request an exception to the application of this ordinance. The Planning Commission shall grant such an exception if it finds that both (1) the application of this ordinance would constitute an unconstitutional taking of property, and (2) the exception will allow oil and gas exploration, development, and production uses to the extent necessary to avoid such a taking.

In presenting a request to the Planning Commission, a property owner shall prepare and submit an exception application pursuant to BMC Chapter 17.800. The exception application shall be processed pursuant to Section 17.800.010. The Planning Commission’s determination under this sub-section may be appealed to the City Council in the same manner as prescribed in Chapter 17.880 of the BMC.

C. In evaluating requests for exceptions pursuant to sub-section B of this section, the Planning Commission’s decision shall be based on factors including the applicant’s reasonable investment-backed expectations in acquiring and improving the property, the value of the property and improvements, the zoning and regulatory history of the property, the remaining value and allowed uses of the property, whether oil and gas development uses would constitute a nuisance, and any other factor the Planning Commission reasonably determines is related to determining whether this ordinance has denied the property owner all or substantially all economically beneficial uses of the property.

SECTION 7.CEQA. The City Council finds that this ordinance is exempt from CEQA pursuant to the “common sense” exemption under CEQA Guidelines Section 15061(b)(3), as the action will not cause a change in any of the physical conditions within the area affected by the ordinance, and pursuant to the categorical exemption set forth at Section 15308 of the CEQA Guidelines for Class 8 – Actions by Regulatory Agencies for the Protection of the Environment.

SECTION 8. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or place, is for any reason held to be unconstitutional or invalid by the decision of a court of competent jurisdiction, such decision shall not affect the validity

of the remaining portions of this Ordinance or its application to other persons or places.

SECTION 9. Publication; Effective Date. This Ordinance shall take effect and be enforced within thirty (30) days from and after the date of its adoption by the City Council at a second reading, and shall be posted and published in accordance with the California Government Code.

THE FOREGOING ORDINANCE was introduced with the first reading waived at the regular meeting of the Brentwood City Council on the 13th day of February, 2024 by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

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

ATTACHMENT A
Chapter 17.680 OIL AND GAS PRODUCTION

17.680.001 Title and purpose of provisions.

17.680.002 Definitions.

17.680.003 Permits required.

17.680.004 Development standards.

17.680.005 Sound level measurement— General.

17.680.006 Performance standards.

17.680.007 Consolidation of drilling sites.

17.680.008 Noise control officer designated.

17.680.009 Nonconforming drilling or production sites.

17.680.010 Nuisance.

17.680.011 Spills.

17.680.012 Building permits.

17.680.013 Insurance.

17.680.014 Indemnification.

17.680.015 Sale of wellsite.

17.680.016 Right of entry.

17.680.017 Notices.

17.680.018 Violations; enforcement.

17.680.019 Stop orders.

17.680.020 Revocation of permit.

17.680.021 Development encroachment in petroleum areas.

17.680.001 Title and purpose of provisions.

A. Title. The Provisions of Chapter 17.680 shall be known as the “oil and gas production regulations” of this title.

B. Purpose. The purpose of the “oil and gas production regulations” is to establish reasonable and uniform limitations, safeguards and controls for the present operation of and future drilling for and production of oil, gas, and other hydrocarbon substances within the city so that such activities may be conducted in harmony with other uses of land within the city, thus protecting the people of the city in the enjoyment and use of their property and providing for their comfort, health, safety and general welfare.

C. The council hereby finds and determines that uncontrolled oil, gas, and other hydrocarbon substance exploration, development, and production uses would be detrimental to the general welfare and public peace, health, safety, comfort, convenience, and prosperity of the citizens and residents of the city. Therefore, except as otherwise provided in this chapter, including compliance with all of the limitations and regulations on operations set forth in section 17.680.004, no person shall engage in oil, gas, or other hydrocarbon substance exploration, development, and production activities from any location within the city. Notwithstanding any other provision of this Code, oil and gas exploration, development, and production uses may be permitted or permitted subject to approval of a conditional use permit in a particular district

only when oil and gas exploration, development, and production uses are expressly listed as permitted or conditionally permitted uses in that specific district.

17.680.002 Definitions.

A. Those definitions provided in Public Resource Code Section (PRC) 3000 et seq., relating to oil and gas exploration and production shall apply to this chapter and are adopted herein by reference. In addition to those definitions in the PRC, the following shall apply:

B. All terminology used in this chapter, not defined below, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body.
“Ambient noise level” means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.
“A-weighted sound level” means the sound level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA.
“Decibel” means a unit for measuring the amplitude of a sound, equal to twenty times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is twenty microPascals.
“Emergency work” means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
“Equivalent sound level, Leq (dBA)” means the level of a steady sound which, in a stated time period and at a stated location, has the same A-weighted sound energy as the time-varying sound. Mathematically, Leq is determined as follows:
(REF EPA “—LEVELS—,” 550/9-74-004, March, 1974.)
The Leq can be estimated from direct observations of a hand held sound level meter with the following equation:

(REF; ANSI SI.13-1971, PAGE 23)
“Noise control officer (NCO)” means the municipal agency or department having lead responsibility for this chapter. (If no such agency is designated, the term shall mean the municipal official having lead responsibility for this chapter.) “Noise disturbance” means any sound which, as judged by the noise control officer:

1. Endangers or injures the safety or health of human beings or animals, or

2. Annoys or disturbs reasonable persons of normal sensitivities, or

3. Endangers or injures personal or real property, or

4. Violates the factors set forth in Section 17.680.005.

Compliance with the quantitative standards as listed herein shall constitute elimination of noise disturbance.
“Production facilities” means all equipment, pipelines, etc., used for the purpose of producing or transporting oil, gas and other hydrocarbon substances within or through the City of Brentwood, excluding normal public utility gas lines. “Pure tone” means any sound which can be judged as audible as a single pitch or a set of single pitches by the noise control officer. For the purposes of this chapter, a pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by five dB for center frequencies of five hundred Hz and above and by eight dB for center frequencies between one hundred sixty and four hundred Hz and by fifteen dB for center frequencies less than or equal to one hundred twenty-five Hz.
“Sensitive receptor” means a residence, including any private home, condominium, apartment, or living quarter; an education resource, including a preschool, kindergarten, grades 1 to 12, day care center, park, playground, university, or college; a community resource center, including a youth center; a health care facility, including a hospital, retirement home, or nursing home; live-in housing, including a long-term care hospital, hospice, or dormitory; and any building housing a business that is open to the public.
“Sound level meter” means an instrument meeting or exceeding American National Standard Institute’s Standard S1.4-1971 for Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.

17.680.003 Permits required.

Appropriate permits shall be obtained from the city for all oil, gas or other hydrocarbon operations including, but not limited to, seismic or geophysical oil or gas exploration or survey, drilling a new or reworking an existing well for oil, gas or other hydrocarbon substances, construction of related facilities for oil, gas or other hydrocarbon production. It shall be unlawful and a nuisance for any person to conduct any drilling operation or to drill and produce any oil and gas well or well hole in the surface or subsurface of the city from any drill site without first having applied for and obtained the requisite permits. The following permits shall be required:

A. A conditional use permit shall be obtained prior to the drilling of a new well or the reworking of an existing well which has not complied with these regulations, or prior to the construction of any new related facilities for the production of oil, gas or other hydrocarbon substances within or through the city excluding normal public utility gas lines.

B. A temporary use permit shall be obtained prior to seismic or geophysical surface-based exploration or survey for the purpose of locating gas, oil or other hydrocarbons, excluding any exploratory drilling operations which are subject to a conditional use permit.

C. A temporary use permit shall be obtained by the operator prior to any reworking of a well that has previously complied with these regulations.

D. Emergency Work. Whenever it is necessary to do work on a well to prevent a hazardous condition or the loss of the well, the operator is authorized to do such work without permits; however, the operator must immediately report any emergency which has the potential of threatening adjoining properties. All other emergencies must have a preliminary report submitted to the city within twenty-four hours and a final report within five working days after the emergency work is completed. Such emergency work shall be excluded from the maximum permissible sound levels during the term of the emergency only.

E. Administrative Conditional Use Permit. Applications for new or redrilled wells and/or production facilities shall be reviewed and acted on by community development department staff at a public hearing. Staff may refer any such case to the planning commission for review and action. Any staff decision may be appealed to the planning commission by any interested party upon filing a written appeal request and payment of an appeal fee as provided for under the provisions of appeal of a planning commission decision in the zoning ordinance.

F. Application Submittal. All applications for conditional use permits listed in subsection A of this section, shall include the following information in addition to the standard information required for a conditional use permit application:

1. Plan of drill site, production, storage and all surface facilities, including each derrick, tank, sump, pipeline, boiler and other existing and proposed

equipment, including the distance to all existing and approved dwellings and other structures and land uses within a three thousand two hundred foot radius of the subject oil/gas facility;

2. Names and addresses of the mineral, surface and lease owners of the subject well and parcel;

3. A statement of the provisions for water for the drill rig;

4. Name and address of the person upon whom service of process upon applicant may be made, and a consent that service of summons may be made upon such person in any action to enforce any of the obligations of the applicant;

5. A statement that the applicant has the right, by reason of ownership or the permission of the owner, to pass through and enter all property through which such well is proposed to pass and that the applicant is duly authorized by the property owner to make and file the application;

6. A complete legal description of the subject site;

7. A brief description of the manner in which the oil will be produced and transported if the drilling operation is successful;

8. An oil spill contingency plan that specifies the location, description of responsibilities for cleanup and monitoring, disposition of wastes, and reporting incidents;

9. A phasing plan for the staging of the drilling operations, including but not limited to, an estimated timetable for project construction, operation, completion and abandonment, as well as location and amount of land reserved for future expansion;

10.Copies of all other required permits, insurance and bonds, including, but not limited to, those required by the California Department of Conservation Geologic Energy Management Division (CalGEM), the Regional Water Quality Control Board and the Bay Area Quality Management District;

11.An acoustical study prepared by a qualified acoustical engineer documenting existing ambient noise levels over a twenty-four hour period on the drill site and within a five hundred foot radius, if there are any occupied buildings within that radius;

12.Any and all other information that the city may, in its discretion and from time to time, require;

13.A written agreement duly executed by the applicant that in the event a permit is issued to him or her by the city, he will, as a condition to any of his operations within the city, faithfully comply with and abide by each and all of the provisions, requirements, and conditions of this chapter, and conditions of approval.

17.680.004 Development standards.

The following development standards are applicable to all drilling or production operations within the city unless approved otherwise through the conditional use permit procedure:

A. All oil and gas development related buildings, structures, equipment, systems, and drilling and production operations shall comply with the provisions of this code,

California Public Resource Code Section 3000 et. seq., all regulations of CalGEM and the State Division of Industrial Safety, and all other agency regulations which apply to such operations.

B. Minimum Production Site Size. All production sites shall be minimum of three acres in size in order to accommodate consolidation of drill site, equipment, soundproofing, landscaping, circulation, and allow for reuse of the property at such time as the site is no longer utilized for drilling operations, unless a smaller site is approved by the planning commission through the conditional use permit procedure after careful consideration and the planning commission determines that a smaller site can accommodate all equipment, landscaping, etc., and is of adequate size for reuse.

C. Access Roads and Production Site. All private roads used for access to the production site and the production site itself shall be surfaced with a permanent or semi-permanent surface such as rock or gravel and maintained to prevent dust or mud.

D. Sumps or Ponds. All sumps, sump pits, ponds or similar devices such as portable tanks constructed onsite for the purpose of holding waste material shall be lined to prevent such waste material from penetrating into the soil. Furthermore, when such sump, pit or pond is no longer needed, it shall be excavated of all foreign materials and filled with compacted earth to the level of the surrounding terrain.

E. Fencing. All sumps, pits, excavations and production sites shall be enclosed with a fence, the type of fencing and height to be determined by the planning commission at the time of consideration of the conditional use permit. The fencing required by the planning commission shall be at least as protective of the environment as that required in 14 Cal. Code Regs section 1778.

F. Abandonment of Site. At such time as the oil or gas drilling or production site is abandoned, the responsible party shall abandon the site in accordance with CalGEM regulations for urban areas and all other applicable regulations. Furthermore, the drill or production site and all access roads shall be restored to their original condition or as nearly as practicable unless approved otherwise by CalGEM and the planning director of the city upon receipt of a written request by the property owner. The responsible party shall furnish the city with a copy of the CalGEM approval showing compliance with all abandonment proceedings under state law.

G. Nonproducing Well. Whenever the cost of production exceeds the revenue produced by an oil or gas well or whenever a well is shut down for a period of ninety consecutive days or more, it shall be considered a nonproducing well. When a well is determined to be nonproducing or is shut down for ninety consecutive days or more, the operator shall report to the city the status of such a well.

The operator shall then have ninety days to conduct an engineering evaluation to determine the economic viability of continuing production operations. If it is

determined that the well is no longer economically viable, the well shall be abandoned in conformance with Section 17.680.004(F).

The operator shall submit, upon request, reports to the city on each well reflecting the cost/revenue ratio of each well in order to determine if the well is nonproducing.

H. Site Development. At the time of application for a conditional use permit to all drilling and production, the applicant shall submit a plan showing relationship to existing land use, ultimate land use if different, and shall indicate proposed mitigation measures to all anticipated impacts including, but not limited to, noise, light or glare, odor, traffic, aesthetics, etc. Furthermore, the application shall include a plan for the ultimate reuse of the drilling or production site and how the ultimate use of the site will relate to adjacent uses.

I. Screening and Landscaping Production Sites. All oil or gas production sites shall be adequately screened from adjoining properties and public rights-of-way, with the specific type of screening and landscaping to be determined by the planning commission at the time of consideration of the conditional use permit.

J. Well Location. No new well, storage tank, or production facility shall be located within three thousand two hundred feet of any sensitive receptors.

K. Soundproofing. If drilling or redrilling operations are located within one thousand feet of an occupied building, noise sources associated with the operation shall be enclosed with soundproofing sufficient to ensure that expected noise levels do not exceed the noise limits contained in this chapter. Permittee shall install every device in the nature of exhaust mufflers and other equipment for the elimination of noise, obtainable and practicable for that purpose, on all operating machinery and equipment and on the well in all instances where objectionable noises might otherwise exist.

Soundproofing shall be installed prior to commencement of operations and shall include but not be limited to the following:

1. Any well which is to be drilled or redrilled, and which is within five hundred feet of an occupied building, shall have all parts of a derrick above the derrick floor, including the elevated portion used as a hoist, enclosed with fire resistive soundproofing blanket or panel material. Such soundproofing shall comply with accepted American Petroleum Institute standards and shall be subject to fire department regulations. All doors shall be closed during drilling, except for ingress and egress and necessary logging, testing and well completion operations. Alternative materials or methods of noise abatement may be used, such as electric power for drilling, provided such alternative is approved by the planning commission. The commission may approve any such alternative if they find that the proposed material and/or method have equal soundproofing properties and fire resistive qualities to being enclosed as stated above. Any alternative may require the submission of evidence by the permittee to substantiate any claims that may be made regarding the use of such alternatives. The planning commission may waive these soundproofing requirements if they find them unnecessary.

2. Any well which is to be drilled or redrilled, and which is within five hundred one feet to one thousand feet of any occupied building, shall be enclosed by a plywood fence with fire resistive sound insulating material on the interior of the fence. The fence shall specifically enclose all generators and the drill rig itself, to a height of twenty feet from grade. Alternative materials or methods of noise abatement may be used, such as earthen berms, other sound insulating materials, or other methods proposed by applicant, or electric power for drilling, provided such alternative is approved by the planning commission. The commission may approve any such alternative if they find that the proposed material and/or method have equal soundproofing properties and fire resistive qualities to being enclosed as stated above. Any alternative may require the submission of evidence by the permittee to substantiate any claims that may be made regarding the use of such alternatives. The planning commission may waive these soundproofing requirements if they find them unnecessary.

L. Signs. All oil/gas facilities shall have a legible, permanent, prominently displayed and maintained metal sign no less than two square feet in area containing the following: name of the drilling contractor, name of the owner or operator, twenty-four hour emergency phone number, lease name and name and number of the well. If the operator changes, it will be the new operator’s responsibility to replace the sign within thirty days after the change.

M. Derricks. All derricks and masts shall be consistent with California Division of Industrial Safety and OSHA standards, be at least equivalent to the standards and specifications of the American Petroleum Institute (API), and meet the following standards:

1. All derricks or masts, standard or portable, used for drilling, redrilling, rework, production or servicing, within two hundred feet of a public rightof-way or building, shall have derrick crown(s) shrouded to prevent oil and water spraying into the air.

2. All derricks and masts hereafter erected for drilling, redrilling or rework shall be removed within thirty days after completion of the work unless otherwise ordered by the director of CalGEM.

N. Permittee shall immediately remove the derrick and all other structures not required in the event gas only be produced from the well and erect a suitable and sightly structure over the well of the most modern and approved design for the purpose, using only such space for the same as is necessary, and also shall fill all holes and excavations, save the well, and restore all surfaces to their original condition.

O. Storage Tanks/Production Equipment.

1. Unless otherwise permitted by the planning commission, the total capacity of oil storage facilities shall not exceed two thousand barrels per well, and

no tank shall exceed one thousand barrels capacity. Tanks shall be constructed and maintained to be vapor tight.

2. Each oil, gas separator shall be equipped with both a regulation pressurerelief safety valve and a bursting head.

3. No storage tank shall be erected closer than fifty feet from any building, nor shall any building be erected within fifty feet of any storage tank. The city may permit this distance separation to be reduced for low occupancy industrial or warehouse buildings, subject to additional or special safety of fire systems requirements which may be approved and imposed by the fire district. These distance provisions shall not apply to any tank or related facility constructed prior to 1998.

4. All tanks and attached fixtures shall be constructed and maintained in accordance with American Petroleum Institute, OSHA, California Division of Industrial Safety, CalGEM, National Fire Protection Association (NFPA), and EPA standards.

5. Tanks shall rest directly on the ground or on foundations or supports of gravel, concrete, masonry, piling or steel. Tank foundations shall be elevated, level and larger in diameter than the tank itself. Exposed piling or steel tank supports shall be protected by fire resistive materials to provide a fire resistance rating of not less than two hours. Tank supports and connections shall be designed and installed to resist damage as a result of seismic activity.

6. No tank for storage of any flammable liquid shall be located closer than three feet to any other such tank.

7. New tanks used for storage of crude petroleum and other flammables shall be diked or provided with diversion walls and catchment basins, or combinations thereof, to meet the requirements of CalGEM and NFPA. The volumetric capacity of a diked area shall not be less than capacity necessary to hold the full volume of the largest tank below the height of the dike.

8. Dike walls shall be of concrete, solid masonry or earth designed and maintained to be liquid tight and to withstand a full hydrostatic head, except that all dikes in residential zones shall be solid masonry or poured in place concrete. Asphaltic surfacing shall be required on all earthen dikes.

Surfacing shall be impervious and prevent leaching through pavement.

9. All tank piping, valves, fittings and connections including normal and emergency relief venting, shall be installed and maintained in accordance with current API standards.

10.All production equipment shall be kept painted in neutral, earthtone colors and maintained at all times.

17.680.005 Sound level measurement— General.

A. Any noise level measurements made pursuant to the provisions of this chapter shall be performed using a sound level meter as defined in Section 17.680.002 and shall conform to methods prescribed by ANSI or its successor. Calibration of the measurement equipment, utilizing an acoustic calibrator, shall be performed immediately prior to recording any noise data.

B. The location selected for measuring exterior noise levels shall be at a point within the property line of the receiver’s location. Where feasible the microphone shall be at a height of three to five feet above ground level and shall be at least ten feet from walls or similar reflecting surfaces.

C. A microphone windscreen shall be utilized for all outdoor measurements.

D. Where possible, sound level measurements shall be conducted during fair to dry weather conditions with average wind velocities of less than ten miles per hour.

In all cases weather information shall be documented during the sound survey interval. Items to report shall include but are not limited to wind velocity and direction, dry and wet bulb temperature (degree in Fahrenheit), and relative humidity (percent).

E. Although the use of sophisticated acoustical instrumentation for the measurement of equivalent sound level, Leq, (dBA) is available and its use is preferred; it is not essential for the purposes of this chapter. The equivalent sound level (Leq) of the noise source in question may be estimated using a hand held sound level meter by averaging at least twenty separate observations over a measurement interval that is representative of a typical one hour operation of the noise source. Depending on the character of the noise source the measurement interval may vary from as little as a few minutes to as long as one hour.

F. “Slow” meter response is generally preferred. However, if the noise source changes level rapidly in a random fashion several times a minute, exceeding a ten dB dynamic range, then “fast” response shall be used. The noise control officer can make a determination of the appropriate meter, meter response, “fast” or “slow” to be used in those cases that are unclear.

17.680.006 Performance standards.

The following noise performance standards are applicable to all drilling or production operations within the city unless approved otherwise through the conditional use permit procedure. The noise levels caused by drilling, redrilling or production operations shall be monitored on a complaint basis or periodically at the discretion of the noise control officer of the city. The cost of such noise monitoring shall be borne by the operator conducting such drilling, redrilling or production operations.

A. Maximum Permissible Sound Levels by Receiving Land Use. No person shall operate or cause to be operated any oil drilling or production equipment at any location within the incorporated city which causes the noise level when measured on any other property, either incorporated or unincorporated, to exceed the noise level limits set forth for the receiving land use category in Tables 17.680.006(1) and

17.680.006(2).

Table 17.680.006(1)

EXTERIOR NOISE LIMITS FOR DRILLING OR REDRILLING OPERATIONS Receiving Lane Use Category Time Period
Equivalent Sound Level,
Leq, (dBA) for any hour
Residential 7:00 a.m.—10:00 p.m. 75
10:00 p.m.—7:00 a.m. 50
Agricultural, Commercial or
Industrial
7:00 a.m.—10:00 p.m. 75
10:00 p.m.—7:00 a.m. 70
Table 17.680.006(2)

EXTERIOR NOISE LIMITS FOR PRODUCTION OPERATIONS
Receiving Lane Use Category Time Period
Equivalent Sound Level,
Leq, (dBA) for any hour
Residential 7:00 a.m.—10:00 p.m. 55
10:00 p.m.—7:00 a.m. 45
Agricultural, Commercial or
Industrial
7:00 a.m.—10:00 p.m. 60
10:00 p.m.—7:00 a.m. 50
B. Noise Abatement Methods. The noise abatement method(s) in which the operator meets the noise level standards in Table(s) 17.680.006(1) or 17.680.006(2) shall be determined by the operator to allow the operator the flexibility of utilizing the most efficient and cost effective method(s) available to the operator.

1. If noise complaints are received by the city, or if noise levels exceed those permitted by this chapter, a noise violation notice shall be issued to the operator.

2. Upon receipt of notice, the operator shall submit for the approval of the community development department the procedures the operator will undertake to correct the violation. Corrective measures must be initiated within twenty-four hours of operator’s receipt of the notice. The city may require additional or follow-up noise field tests by an acoustical engineer to ensure compliance, in which case the operator shall pay the actual costs to the city for such tests.

3. Failure to comply shall be reason for the city to limit drilling, redrilling or other operations to daylight hours (seven a.m. to seven p.m.)

4. Nothing shall preclude the city from pursuing other administrative or legal remedies to obtain compliance.

C. Adjustment for Ambient Noise Level. In the event the ambient noise level exceeds those limits established in Tables 17.680.006(1) or 17.680.006(2), then the planning commission may adjust the “exterior noise limits” upward for the particular site in question to reflect said ambient level only after careful consideration of all pertinent data. However, in no case will the “exterior noise limits for production operation,” Table 17.680.006(2), be increased by more than ten dBA.

D. Correction for Character of Sound, Production Operations Only. In the event the alleged offensive noise, as judged by the noise control officer, contains a steady audible tone such as a whine, screech, or hum, the standard limits set forth in Table

17.680.006(2) shall be reduced by five dBA.

E. Pulsating or intermittent noise activities such as hammering or rocking pipes, acceleration and deceleration of engines or motors, low speed compressors which fire intermittently and other such pulsating or intermittent noises shall be prohibited between the hours of ten p.m. to seven a.m. for all drilling operations and shall be prohibited at all times for all production operations if such noise creates a nuisance within any residential, commercial or industrial area.

F. Light or Glare. It is unlawful for any person to operate, or cause to be operated any oil production equipment on any well, or incidental to a well, within the incorporated limits of the city in any manner so as to direct any light or glare such that it negatively impacts any adjoining residential or commercial land uses.

Furthermore, such light or glare must be directed away from any public street such that it will not create a traffic hazard.

G. Waste Discharge. At no time shall any waste matter be discharged into the public sewer, storm drain, or irrigation systems, any stream or creek, or into the ground, except in accordance with the regulations or requirements of all applicable local, state or federal agencies.

H. Vibration. Any ground vibration generated by any oil or gas drilling or production operation which is discernible at any developed property shall be prohibited. Vibration dampening equipment of the best available technology shall be installed as required by the city so as to reduce vibration to a minimum. No drilling shall be commenced until the building official has approved the vibration dampening equipment installation, and drilling shall be discontinued at any time the building official determines that the vibration dampening equipment is not functioning as intended, such that vibrations are discernible from developed properties.

I. Fire, Safety and Explosion. All uses shall provide adequate safety devices against fire, explosion and other hazards and adequate firefighting and fire suppression equipment in compliance with applicable fire prevention codes.

J. Air Pollution. All uses shall comply with regulations of the San Francisco Bay Area Air Pollution Control District.

K. Flaring Wells. The flaring of wells shall be limited to daylight hours only.

L. Heavy Equipment. Transport of heavy equipment or large trucks to and from the production site shall be limited to the hours of seven a.m. to ten p.m.

17.680.007 Consolidation of drilling sites.

A. At all times when practical and reasonable, new drill sites shall be developed at an existing established drill site in order to free more land for other uses and reduce the interface between oil or gas activities and other land uses, thereby making the potentially adverse impacts from such operations easier to mitigate; and provide for the opportunity to establish greater buffers and separation between oil or gas facilities and other uses.

B. Whenever a new drilling site is proposed, the proponent shall analyze, in conjunction with the city and CalGEM, all gas or oil zones and the typical reach of directionally drilled wells in order to establish a site where all or most of the resource can be removed from one drilling site.

17.680.008 Noise control officer designated.

The noise control officer shall be the planning director or a person designated by the planning director of the city. The noise control officer is authorized to enter property for the purpose of investigating complaints of noise or for normal periodic checks of noise levels at drilling or production sites.

17.680.009 Nonconforming drilling or production sites.

Drilling or production sites legally established within the unincorporated area and subsequently annexed to the city of Brentwood may continue without complying with the requirements of this chapter provided the site or operations on the site do not create a public nuisance as defined within this chapter. Whenever an existing drilling or production site which has not complied with these regulations is reworked, meaning that the intensity of the use on the site is increased or the size of the operation is enlarged, it shall then comply with these regulations. A nonconforming use that is

changed to, or replaced by, a conforming use shall result in termination and subsequent abandonment of the nonconforming use.

17.680.010 Nuisance.

No person shall conduct any oil or gas operation in a manner that would create any noise, odor, or vibration detrimental to the health, safety, or welfare of the surrounding area or any reasonable number of persons. Such manner of operation is declared to be a public nuisance and when determined by the city that a drilling site or operation constitutes a public nuisance, the city shall take all actions necessary and available to abate such nuisance.

17.680.011 Spills.

In the event of any leak or spill of any pollution or deleterious substance, whatever the cause thereof, the permittee shall notify the community development department.

If, in the judgment of the city, such leak or spill represents a potential environmental hazard, the city may issue whatever corrective orders deemed appropriate, and may require the appropriate testing of the surface and subsurface for pollutant incursion, the cost of such tests to be borne by the permittee.

17.680.012 Building permits.

Building permits shall be secured for all permanent structures in conformance with the Uniform Building Code. Electrical permits shall be required for all electrical connections for drilling/redrilling and/or pumping units if electrical motors are utilized.

17.680.013 Insurance.

No operations shall commence until the applicant files with the city insurance certificates as follows:

Permittee shall carry a policy of standard comprehensive general public liability insurance for the drilling period, including coverages for: sudden and accidental pollution including the cost of environmental restoration, underground resources coverage and completed operations. The policy shall insure the city against all costs, charges and expenses incurred by it for cleanup of sudden and accidental pollution.

The insurance shall name the city as an additional insured for third party liabilities arising from any oil/gas drilling operations insured under the certificate during the period of coverage. Insurance shall include contractual liability covering bodily injuries and property damage, naming the permittee and the city of Brentwood, in the amount of one million dollars per occurrence. The deductible must be no greater than ten thousand dollars. The policy shall provide for a thirty day cancellation notice to the

city in the event the policy will be terminated for any reason except nonpayment of premium in which case the notice period shall be ten days.

17.680.014 Indemnification.

The operator shall indemnify, defend and hold the city, and their elected officials, officers, agents and employees free and harmless from all actions, suits, claims, demands, liability, costs, and expense, including prosecution claimed or established against them, or any of them, for damage or injuries to persons or property of whatsoever nature, arising out of or in connection therewith the acts or omissions of operator, its servants, agents, or employees, or to which operator’s negligence shall in any way contribute, or arising out of the operator’s failure to comply with the provisions of any federal, state or local statute, ordinance or regulation applicable to the operator.

17.680.015 Sale of wellsite.

Whenever a well is to be sold, the permittee shall notify the community development department in writing a minimum of thirty days prior to the effective date of sale.

17.680.016 Right of entry.

Any officer or employee of the city whose duties require the inspection of the premises shall have the right and privilege, at all reasonable times, to enter upon any premises upon or from which any operations being conducted for which any permit has been issued or is required, for the purpose of making any inspections. No owner, occupant, or any other person having charge, care, or control of any premises shall fail or neglect to permit entry.

17.680.017 Notices.

Every operator of any well shall designate an agent, who must be a resident of the state during all times he or she serves as agent, upon whom all orders and notices may be served in person or by mail. Every operator shall, within five days, notify the community development department in writing of any change in such agent or mailing address. The operator shall submit to the community development department a copy of the CalGEM report of property/well transfer/acquisition within thirty days after sale, assignment, transfer, conveyance or exchange of any oil/gas facilities.

17.680.018 Violations; enforcement.

A. Any violation of this chapter is hereby declared to be a public nuisance, and the city attorney shall, upon order of the council, immediately commence an action and

proceedings for the abatement, removal, and enjoinment thereof in any manner provided by law, including applying to any court having jurisdiction to grant such relief as may be necessary to restrain and enjoin any person from committing such violation.

B. Violations of this chapter are further hereby declared to constitute a misdemeanor.

17.680.019 Stop orders.

If any operator is violating any of the provisions of this chapter which affect public health and safety, the city may issue a stop work order for immediate cessation of operations. The operator shall immediately comply with the order and shall not resume operations until written consent from the city has been obtained, or unless ordered by CalGEM due to special or emergency circumstances.

17.680.020 Revocation of permit.

Any permit issued pursuant to the provisions of this chapter may be revoked by the planning commission, or on appeal by the city council, upon a finding:

A. That permittee has failed, neglected, or refused to comply with and abide by any of the conditions of their permit; or
B. That permittee has failed, neglected, or refused to comply with and abide by, or has in any way violated any of the provisions of this chapter, any other ordinance of the city, or any other law, rule or regulation, either directly or indirectly, by reason of, in connection with, or incident to his or her operations under the permit or upon the premises covered by such permit; or
C. If any of permittee’s operations, or the continuance thereof, upon the premises covered by his/her permit are or are likely to become a menace or hazard to business, to any public property, to any interest of the city, or to the lives or safety of persons; or
D. If permittee shall have made any willful misrepresentation of fact in any application for such permit or in any report or record required by this chapter to be filed with or furnished to the city by permittee.

E. Any permit, either in connection with a proceeding for the revocation thereof or otherwise, may be suspended by the commission or council upon finding that the operations of the permittee constitute or have become an immediate menace or hazard to commerce, to any public property, to any interest of the city, or to the lives

or safety of persons. The suspension and/or revocation of any permit shall be made and accomplished in the following manner.

F. Following a public hearing by the planning commission, or on appeal by the city council, notice of suspension and/or revocation shall be served upon permittee, stating the reasons and grounds upon which the proposed action is based, requiring permittee within fifteen days after the service upon him or her of such notice, to cure and remedy any fault, noncompliance, or violation of any condition for which suspension or revocation of the permit may be made. Said permit shall, without any further or other action of or by the city, be revoked five days after the time herein provided for the curing of any default, or within any further times as the commission or council may have granted, has expired.

G. At such hearing, the permittee and the public shall be given an opportunity to present information relevant to consideration of suspension or revocation of the permit.

H. It is unlawful to carry on any of the operations authorized by any permit during any period of suspension or after revocation; provided that nothing shall prevent the performance of such operations as may be ordered by CalGEM, necessary for safety, or necessary to cure and remedy the default, noncompliance or violation for which suspension or revocation was ordered.

CITY COUNCIL AGENDA ITEM NO. G.1
02/13/2024
SUBJECT: 2024 Juneteenth Event Discussion and possible direction to staff DEPARTMENT: Parks and Recreation
STAFF: Bruce Mulder, Director of Parks and Recreation
Thien Nguyen, Recreation Manager

TITLE/RECOMMENDATION
Consider the City Council’s request for a Juneteenth event and receive direction on the options provided.

FISCAL IMPACT
There is no fiscal impact associated with this informational update. The range of estimated costs provided in this report for a potential contribution or allocation of funds for a Juneteenth event is from $1,000 - $30,000 or more. This range is based on the Juneteenth event sponsorship levels included in Attachment 6 – 4EverMe Foundation – 2024 Juneteenth Sponsorship Packages. The event is proposed to be held in City Park.

The City’s General Fund would be the funding source for any contribution. The cost would be in addition to fee waivers requested by the 4EverMe Foundation for the event. Currently, the Fee Waiver application is being processed and seeks a fee waiver in the amount of $1,144.50 for City Park and Community Center Rentals, and $1,150 - $9,023 in Police Service fees (depending on the estimated attendance, footprint, number of activities, etc.) for this Juneteenth Event. Once event details are finalized from the 4EverMe Foundation, the Police Department will be able to provide their staffing levels for the event.

With the January 2024 approval of the Fiscal Year 2023/24 budget amendments and direction to increase the reserve for the General Plan Update, the current conservative General Fund projections indicate a small deficit. This projection is conservative and also assumes no year-end fair market value gains on the City’s investment portfolio due to the falling interest rate environment. If such gains are realized, the General Fund could exceed current projections. If a deficit were to occur, a transfer in from the Budget Stabilization Fund, which has funds set aside for this purpose, will offset it.

CITY COUNCIL AGENDA ITEM NO. G.1
02/13/2024
If staff is directed to move forward with any recommendation that will have a fiscal impact in 2023/24, staff will return to the City Council for approval of any necessary General Fund budget amendment and approval of any agreement(s) for contributions to organizations for 2024 Juneteenth events. Additionally, if directed, staff will include an annual contribution for Juneteenth events in the draft 2024/25 – 2025/26 Operating Budget, which will be presented for consideration at a workshop in May 2024.

BACKGROUND
Juneteenth, also known as Emancipation Day or Freedom Day, commemorates the emancipation (freedom) of enslaved African Americans in the United States. In 2021, the holiday was recognized as a federal holiday and it is observed annually on June

19. In 2022, the Celebrate Antioch Foundation hosted their East County Juneteenth Celebration at City Park in Brentwood, from 12:00 PM – 5:00 PM on Sunday, June 19th. This event was an external event, separate from City hosted events (i.e., Concerts in the Park, Deck the Park, 4th of July Parade, etc.), but the organization did apply for and receive a fee waiver for use of City Park in the amount of $603, in alignment with Policy 10-12 (Policy and Procedures for Requests for Use of City Funds).

At the February 14, 2023, City Council Meeting, Council Member Pierson requested an item related to Juneteenth be brought back to the City Council. On May 9, 2023, the City Council directed staff to bring back a report related to hosting an event for Juneteenth, with information about budgets, staffing, potential partnerships with outside vendors, and any additional information that may assist with analyzing hosting of the event.

In 2023, there was no Juneteenth event held by the City of Brentwood or in any external rental in City facilities, although consistent with Policy 10-12, a $1,000 donation sponsorship was made towards the regional event that occurred. For reference, City staff is attaching a list of Juneteenth events that happened in Contra Costa County last year (Attachment 3).

In late 2023, City staff reached out to organizers of the 2022 East County Juneteenth Celebration. A new non-profit organization has been established, the 4EverMe Foundation, with this organization interested in bringing a one-day Juneteenth celebration to the City of Brentwood. The 4EverMe Foundation has already applied

CITY COUNCIL AGENDA ITEM NO. G.1
02/13/2024
for a Special Event Permit with Fee Waiver for a 2024 Juneteenth event in Brentwood (of $1,144.50 for City Park and Community Center Rentals, and $1,150 - $9,023 in Police Service fees) and has also requested City Council consider allocating additional funds toward the event. (Attachment 6 and Attachment 7).

Currently, no funding and City resources have been allocated to host a 2024 City Juneteenth event. To assist City staff with the scope and scale of a Juneteenth event, the amount of funds and resources allocated for the event from the General Fund will aid in City staff’s understanding of the size and depth of an event that the City Council is seeking. City contributions to this event (or future Juneteenth events) can range from City hosted and funded through General Fund allocations, Economic Development Grant(s), or City Sponsored with Fee Waiver as applicable under Use of City Funds Policy (Attachment 2). Attachment 4 are current City holidays and Attachment 5 show events/programs in the City associated with cultural and holiday celebrations for consideration by the City Council.

Also for reference, below are estimated costs of City hosted events to reference while discussing this item:

Event Cost Per Occurrence* Number of Occurrences
Annually
Movies in the Park $1,000 - $2,000 4 events/year
Concerts in the Park $12,000 - $15,000 10 events/year
*Note: these costs are associated with “day of event expenses”, but do not take into consideration staff time to plan and host event. Depending on the size and type of event, this planning can take weeks to months of staff time that is diverted from other assignments and/or projects.

Some items for the City Council to consider include:
 As mentioned in Attachment 4, there are a number of events that the City hosts in connection with City holidays, and there are many more events hosted by local organizations utilizing City resources (Attachment 5).  No matter the host, coordination with other event hosts is important to manage events effectively.
 Currently, Parks and Recreation staff hosts a number of community wide events (Concerts in the Park, Movies in the Park, 4th of July Parade, Annual Tree Lighting, Deck the Park), in addition to taking on or ending additional programming formerly hosted by the volunteers of the Brentwood

CITY COUNCIL AGENDA ITEM NO. G.1
02/13/2024
Neighborhood Committee (Halloween Home of the Season, Holiday Home of the Season). Depending on the size and scope of adding additional events, City staff time and resources can be calculated and provided to City Council for consideration.
 Budget, staff time, and City resources will impact the overall number of events that can reasonably be held in the City as the population and popularity of events grow.

Items for the City Council to discuss:

Issue 1: Allocation of funds for 2024 Juneteenth Event
Current City
Action
City staff has received a Special Event application for a 2024 Juneteenth Event in City Park, and a Fee Waiver request for this event (amount ranges from $2,294 - $10,167).

Option 1 Provide direction as to the Fee Waiver application (approve an amount above $5,000 but not-to-exceed $11,000) and have City staff continue to process the 4EverMe Foundation event as an external event.

Option 2 In addition to the Fee Waiver (Option 1), give direction on a sponsorship/donation amount to the 4EverMe Foundation based on the Sponsorship levels for their event (Attachment 7) or additional funds directly to the foundation possibly through the Economic Development grant program.

Option 3 Give alternative direction for City staff to return with more information to the City Council.

Notes/Next
Steps
Depending on direction from City Council, City staff can provide updates about the 4EverMe Foundation Event, return with an agreement for City contribution to the event, or take no action at this time.

Issue 2: Allocation of funds for FY 24/25 and 25/26 Juneteenth Events Current City
Action
Currently, the Parks & Recreation Department does not
fund/plan an annual City Juneteenth Event. City Council allocating funds towards this event in the upcoming two-year budget will aid in City staff understanding the scale/scope envisioned.

Option 1 With funding, City staff can release a Request for Proposals for local groups and organizations to submit event proposals in regards to an annual Juneteenth event in Brentwood.

CITY COUNCIL AGENDA ITEM NO. G.1
02/13/2024
Option 2 With funding, City staff can include a call for artists, specifically for Juneteenth, in their annual Call for Artists for Concerts in the Park. Funding for Juneteenth can be incorporated in the current Concert in the Park budget, and City staff can work towards a Juneteenth concert (with input from the appropriate
groups/organizations) within their ten (10) concert schedule.

Option 3 Depending on funding, a combination of City planning and local community input and support can come about if City takes the lead on planning an event.

Notes/Next
Steps
Please see Attachment 4 for existing City Holidays and
Attachment 5 for Holiday/Cultural events for which the City provides resources. Depending on funding and direction, City staff can return with more information as requested.

City Staff recommends the City Council receive, review, and discuss this informational report and provide direction to City Staff on 2024 and future Juneteenth events.

CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 5: Parks & Recreation Services

4. Expand and enhance recreation opportunities by increasing programming for seniors, youth, and teens; implementing adaptive recreation

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

ALTERNATIVE OPTION(S)
This informational staff report outlines a number of options for the City Council to consider in regards to allocating funds and resources towards a future Juneteenth event in Brentwood.

ATTACHMENT(S)

1. Attachment 1 - Previous Action

2. Attachment 2 - Policy 10-12: Policy and Procedures for Requests for Use of City Funds

3. Attachment 3 – 2023 Listing of Juneteenth Event around Brentwood, CA

4. Attachment 4 – 2024 City Holidays and Notes

5. Attachment 5 – 2023 Cultural and Holiday Events

6. Attachment 6 – 4 Ever Me Foundation – 2024 Juneteenth Sponsorship Packages

7. Attachment 7 – 4 Ever Me Foundation – 2024 Juneteenth Event Budget

Attachment 1

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

On February 14, 2023, Council Member Pierson requested a future agenda item relating to the possible creation of events to be held in conjunction with certain proclamations.

On March 28, 2023, the City Council directed staff to spend time and resources possible creation of events to be held in conjunction with certain proclamations and to review possible events to tie to the proclamation list, and review possible updates to the grant applications.

On May 9, 2023, the City Council directed staff to bring back a report related to hosting an event for Juneteenth, with information about budgets, staffing, potential partnerships with outside vendors, and any additional information that may assist with analyzing hosting of the event.

COUNCIL/ADMINISTRATIVE POLICY
Subject:

Policy and Procedures For Requests for
Use of City Funds
Policy No: 10-12 Date: August 9, 2022
Resolution No: 2022-101 Page 1 of 6
________________________________________________________________________

CITY OF BRENTWOOD

PURPOSE
The City of Brentwood recognizes the value of partnering with other agencies and organizations in providing services that benefit the community and its residents. To that end, non-profit agencies, intergovernmental agencies or community groups that provide community benefit as approved by the City Manager or designee may be granted a reduction and/or waiver of fees that are included in the approved Cost Allocation Plan for use of City property, such as City buildings, building maintenance or use of ball fields. Certain fees for permits, crowd control and solid waste services may also be waived. In an additional effort to support those organizations that provide valuable community services for the public benefit, the following policy has been established to determine when consideration will be given for requests for use of City funds, and any limitations associated with those requests.

POLICY
Priorities and Requirements:
 Fee waivers and/or reductions or donations are primarily made to local organizations based in the City of Brentwood. Agencies based in neighboring communities that serve a significant number of City of Brentwood residents may also apply. National agencies will most likely not be considered.  Fee waivers and/or reductions or donations are made only to organizations as described within this Policy.
 Applications for specific programs, events, equipment needs or general operational support will receive special consideration if they fall under one of the Council Two-Year Strategic Initiatives. The City Council Two-Year Strategic Plan that contain these goals can be found on the Internet under “City Council”.
 Special consideration will be given to events for which matching funds have been secured.
 Requests for funding must be made in writing by using the application form.

Donation and Fee Waiver and/or Fee Reduction Requests:

Requests are made through completion of a “Request for Fee waiver and/or Fee Reduction/Donation” application. Requests are considered on a case-by-case basis as outlined in this document.

Donations and Fee Waiver and/or Fee Reduction Requests will not be granted for the following expenses:
 Office or administrative overhead/staff salaries of the requesting organization.

With the exception of: Contra Costa County Library, Delta Community Services Inc. and Contra Costa County Senior Nutrition Program as approved by the City Council.

COUNCIL/ADMINISTRATIVE POLICY
Subject:

Policy and Procedures For Requests for
Use of City Funds
Policy No: 10-12 Date: August 9, 2022
Resolution No: 2022-101 Page 2 of 6
________________________________________________________________________

CITY OF BRENTWOOD
 Capital Equipment or Capital Projects, which includes the purchase or construction of fixed assets, such as land, buildings and any permanent improvements.
 Rental of space other than City owned or operated facilities.

Request for Fee Waiver and/or Fee Reduction Application Procedures Fee waiver requests under $5,000 for the use of City facilities, equipment, and/or services for a special event held on, or impacting, public right of way may be waived by the respective Department Director or his/her designee. Fee waiver and/or fee reduction requests over $5,000 must be approved by City Council. These requests will be brought to Council through a staff report/request prepared by the Department Director. In the event a cumulative total of fees waived reach $5,000 for a single organization in any fiscal year, all further requests require City Council approval. ALL fee waiver and/or fee reduction requests must be made in writing by using the application form and must fall under one of the following categories:

Intergovernmental Cooperation
Department Sponsored Program
Financial Hardship / Non-Profit
Private Community Benefit
Fees may be waived and/or reduced for events and programs if the Director determines that all of the following criteria are met:

1. The organization is a non-profit organization as described by the Internal Revenue Service Section [Example Codes 501(c)(3), 501(c)(6)], or is an intergovernmental agency providing service within the City of Brentwood or community groups that provide community benefit as approved by the City Manager or designee.

2. The organization provides proof it is a valid non-profit or community service organization serving the citizens of Brentwood;

3. The imposition of fees would create a financial hardship on the organization or would have a detrimental effect upon the services provided to the public;

4. The service provided by the City is within the scope of services normally provided by the respective Department;

5. Appropriate recognition as co-sponsor or partner of the event or program is provided for the City of Brentwood on all promotional materials and at the event or program. All promotional materials representing the City must follow the graphic standards guidelines;

6. The program or event is determined by City Council, the City Manager or the appropriate Department Director to provide a public benefit and be of significant value to the community or to a significant portion of its residents;

COUNCIL/ADMINISTRATIVE POLICY
Subject:

Policy and Procedures For Requests for
Use of City Funds
Policy No: 10-12 Date: August 9, 2022
Resolution No: 2022-101 Page 3 of 6
________________________________________________________________________

CITY OF BRENTWOOD

7. All resources provided by the City in sponsorship of the event must be provided for within the Department’s current budget allocations, without a reduction of services;

8. The event or program complies with the City Council Administrative Policy, 20- 23 that prohibits unlawful workplace discrimination and harassment. Whether the event or program is in compliance with the City’s policy will be determined by the appropriate Department Director and may be appealed pursuant to the terms of this Policy;

9. It is determined that the proposed event or program will have no significant impacts on the facilities or department activities, that the applicant will provide volunteer services and materials to mitigate any impacts created by the event or program, or that the impacts are adequately offset by the public benefit provided by the program or event;

10. Contractor or event sponsor shall hold harmless, defend and indemnify the City of Brentwood (City) and its officers, officials, employees, and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with contractor’s or event sponsor’s performance or work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City. A hold harmless agreement form is included within the application and shall be signed by the applicant and/or event sponsor/contractor.

11. A certificate of insurance or statement of self-insurance must be provided by the applicant. Minimum limits of insurance are $1,000,000 for General Liability and Automobile Liability. Workers' Compensation and Employer's Liability limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if organization has no employees. In most cases, the insured party will need to supply an endorsement naming the City of Brentwood as additional insured. This documentation must be provided to the City at least fourteen (14) business days prior to the start of the event.

Any exceptions to the insurance requirement must be approved in writing by the Director of Human Resources/Risk Manager or designee.

12. Scheduling and use of facilities and events are subject to availability of requested facilities and do not have preference over City programs and activities or previous commitments to outside parties.

13. Reasonable steps shall be made by the applicant to minimize impacts to City facilities, programs, and residents.

14. Failure to abide by the rules and procedures as set forth in this document will result in the respective applicant being denied for funding and ineligible to request future fee waiver and/or fee reductions or donations for one year, at

COUNCIL/ADMINISTRATIVE POLICY
Subject:

Policy and Procedures For Requests for
Use of City Funds
Policy No: 10-12 Date: August 9, 2022
Resolution No: 2022-101 Page 4 of 6
________________________________________________________________________

CITY OF BRENTWOOD
which point an application for funding may be requested in accordance with this Policy.

Request for Donation Application Procedures
Donation requests under $1,000 may be approved by the respective Department Director or his/her designee. Donation requests over $1,000 must be approved by City Council. These requests will be brought to Council through a staff report/request prepared by the Department Director. In the event a cumulative total of donations reach $1,000 for a single organization in any fiscal year, all further requests require City Council approval. ALL requests for a donation of funds from the City of Brentwood must be made in writing to the appropriate department Director (the department providing the waiver and/or donation) using the application form. Staff will submit their recommendation for approval or denial to City Council via a staff report, provided the request meets the following criteria. All requests will be considered on a case-by-case basis, following the standards below:

For all donation requests, the following standards will apply:

1. Good cause exists that a donation is necessary or an activity/event will not take place. This includes a clearly stated public purpose and public benefit of the event and request, identifying the target population who will be served and how this relates to support of City funds.

2. Applicant must demonstrate it has the managerial and fiscal competence to complete the project/event and give evidence that it has pursued other sources of financial support.

3. If the organization or purpose of the event/activity is for a population greater than the City of Brentwood City limits, evidence must be given as to how funds are secured for those who live outside the City limits.

4. The event or program complies with City Council Administrative Policy, 20-23 that prohibits unlawful workplace discrimination and harassment. Whether the event or program complies with the City’s policy will be determined by the appropriate Department Director and may be appealed pursuant to the terms of this Policy.

5. A hold harmless agreement form is included within the application and shall be signed by the applicant and/or event sponsor/contractor. Contractor or event sponsor shall hold harmless, defend and indemnify the City of Brentwood (City) and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with contractor’s or event sponsor’s performance or work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City.

COUNCIL/ADMINISTRATIVE POLICY
Subject:

Policy and Procedures For Requests for
Use of City Funds
Policy No: 10-12 Date: August 9, 2022
Resolution No: 2022-101 Page 5 of 6
________________________________________________________________________

CITY OF BRENTWOOD

6. A certificate of insurance or statement of self-insurance must be provided by the applicant.

Minimum limits of insurance are $1,000,000 for General Liability and Automobile Liability. Workers’ Compensation and Employer’s Liability limits as required by the California Labor Code and Employer’s Liability limits of $1,000,000 per accident for bodily injury. Workers’ Compensation and Employer’s Liability insurance will not be required if organization has no employees. In most cases, the insured party will need to supply an endorsement naming the City of Brentwood as additional insured. This documentation must be provided to the City at least fourteen (14) business days prior to the start of the event.

Any exceptions to the insurance requirement must be approved in writing by the Director of Human Resources/Risk Manager or designee.

7. Scheduling and use of facilities and events are subject to availability of requested facilities and do not have preference over City programs and activities or previous commitments to outside parties.

8. Reasonable steps shall be made by the applicant to minimize impacts to City facilities, programs, and residents.

9. Within 30 days of completion of any event in which a donation was received, the applicant will provide a written report to the respective Director of the event, to include at a minimum: number of participants; event revenue and expenses; copies of all publicity of the event; any benefit to the community and an accounting of where/when/how the proceeds of the event will be dispersed.

10. Failure to abide by the rules and procedures as set forth in this document will result in the respective applicant being denied for funding and ineligible to request future fee waiver and/or fee reductions or donations.

NOTE: Economic Development Grants may be applied for separately, using the Economic Development Program Grant Application form. Contact the Economic Development Division, at (925) 516-5441 for additional information.

City Council Member/Family Donation, Fee Waiver and/or Fee Reduction Requests
No City Donations, Fee Waiver, and/or Fee Reduction shall be available to any of the following individuals or entities:

1. The Mayor or any City Council Member (individually, each being an “Elected Official”)

2. Any Elected Official’s spouse or registered domestic partner

3. Any Elected Official’s dependent children

COUNCIL/ADMINISTRATIVE POLICY
Subject:

Policy and Procedures For Requests for
Use of City Funds
Policy No: 10-12 Date: August 9, 2022
Resolution No: 2022-101 Page 6 of 6
________________________________________________________________________

CITY OF BRENTWOOD

4. Any organization for which individuals listed in 1-3 above either a. Serve on the board of directors or other governing body or b. Receive any financial benefit
Appeals
All decisions of the Department Director may be appealed to the City Manager for review. All appeals must be made in writing within ten (10) days following a determination or denial of a request. The City Manager’s decision will be final.

Auditing
Staff will provide to the Finance Division all pertinent documentation required to support the Donation, Fee Waiver, and/or Fee Reduction. Finance Division staff will provide a yearly report to the City Council in September each year regarding all fee waivers and/or fee reductions and donations that have been approved or implemented during the previous fiscal year.

2023 Listing of Juneteenth Events around Brentwood, CA
Attachment 3
Location Name Organizer Event Date Event Time Description Antioch Juneteenth: A Freedom Celebration City of Antioch & Grace Arms of Antioch June 17, 2018 11:30 AM ‐ 4:30 PM
The event will include live entertainment, kid‐ friendly areas and food vendors. Performances include live music from Niecy LivingSingle, CJ Emulous, Alfreda Lyons‐Campbell, and headlined by the vocal trio Surface
Antioch Juneteenth: A Freedom Celebration City of Antioch & Making Moved June 18, 2023 12:00 PM ‐ 5:00 PM This event will include live entertainment, food, games and more. Come and join us in celebrating the day of freedom for African Americans Antioch Let Freedom Ring Juneteenth Celebration East County Juneteenth Committee June 17 ‐ 19 12 PM ‐ 6 PM Carnival rides, Food, Craft & Arts, Job Fair, Community Resources, Live Entertainment Concord Juneteenth: Honoring the Past, Inspiring the Future Concord Communities Alliance June 25, 2023 1:00 PM ‐ 4:00 PM This vibrant event will be filled with music, dance, and engaging activities for all ages, as we come together East Bay Regional Park
District Free Park Day Park District June 18, 2023 Free Park Entrance All Day The Park District is honoring Juneteenth this year with a Free Park Day on Sunday, June 18 and naturalist‐led public programs to celebrate and reflect East Bay Regional Park
District Juneteenth Walk Park District June 19, 2023 8:00 AM ‐ 9:00 AM Celebrate the Black History of the Delta as we as walk through the park. Meet at the Visitor Center Livermore Juneteenth Celebration Livermore Valley Arts & Tri‐Valley for Black Lives June 17, 2023 10:00 AM ‐ 4:00 PM We will observe the date with a local celebration, including music, art, drumming, singing, dancing, and musical performances.

Martinez 1st Annual City of Martinez Celebrates Juneteenth NA June 24, 2023 11:00 AM ‐ 2:00 PM Free Food, Fun Activities for Kids & Adults Vendors, Community Resources, Free Raffles Oakley Juneteenth Celebration City of Oakley
June 17, 2023 10:00 AM  ‐ 1:00 PM
. The event will include more than 20 craft and non‐profit vendors, food trucks, a craft section for kids run by the Oakley Recreation Dept. staff and music and dance performances.

Pittsburg Souljah's Juneteenth Souljah's of Pittsburgh June 17, 2023 12:00 PM ‐ 5:00 PM Join Souljah's as they host their 12th annual Juneteenth Celebration. Family event, No Smoking or Alcohol.

Pleasant Hill Pleasant Hill’s Juneteenth Celebration City’s Diversity Commission and the Friends of the Pleasant Hill Library June 18, 2023 4:30 PM ‐7:30 PM A fun afternoon of music, food, art, performances, and family fun.

Richmond Juneteenth Family Day Parade & Festiva City of Richmond & Neighborhood Block Association (NBA), and Chevron Richmond June 17, 2023 10:00 AM and 11:00 AM West Contra Costa County celebrates Juneteenth Family Day Parade & Festival at Nicholl Park in Richmond, California. A parade will begin at the Booker T. Anderson Center lot at 10AM, followed by a festival at 11AM.

Suisun City 2nd Annual Juneteenth Celebration Suisun City Youth Commission, R.E.A.L. Fairfield, and Tri City NAACP Branch June 17‐18 10:00 AM ‐ 6:00 PM This family event will feature a range of exciting activities including live music performances, delicious food vendors, local artisans, shopping, and engaging family‐friendly activities Vallejo Vallejo Juneteenth African American Family Reunion Committee June 17, 2023 11:00 AM ‐ 5:00 PM Parade @ 9 am – 10:30 am, Festival 11 am – 5 pm

2024 City Holidays with Notes Attachment 4
Date Day Holiday City Notes
January 1, 2024 Monday New Year's Day
January 15, 2024 Monday Martin Luther King Day
February 19, 2024 Monday President's Day
May 27, 2024 Monday Memorial Day P&R currently coordinates Veteran Military Banner Program June 19, 2024 Wednesday Juneteenth
July 4, 2024 Thursday Independence Day P&R hosts Annual 4th of July Parade September 2, 2024 Monday Labor Day
November 11, 2024 Monday Veteran's Day
November 28, 2024 Thursday Thanksgiving Day
November 29, 2024 Friday Post-Thanksgiving Holiday *P&R hosts Annual Holiday Tree Lighting (Chamber of Commerce hosts Holiday Parade) December 24, 2024 Tuesday Christmas Eve *Deck the Park
December 25, 2024 Wednesday Christmas Day
December 31, 2024 Tuesday New Year's Eve
*Events hosted are not directly tied to City Holiday, but are connected to these celebrations

2023 Holiday and Cultural Celebrations Attachment 5
Date Event Organizer City Notes
January 1, 2023 New Year Eve Event Brentwood Senior Citizen Club MOU with Fee Waiver February 4, 2023 Lunar New Year Festival Liberty High School Chinese Culture Club Street Closures April 8, 2023 Easter Egg Hunt One Day At a Time (ODAT) Street Closures April 21, 2023 EID Brentwood Muslim Community Center Sunset Park, Field A May 21, 2023 Summer Fest Muktangan Fee Waiver
May 28, 2023 Bags & Brews Downtown Brentwood Coalition Military Tribute September 9, 2023 La Gran Fiesta Chamber of Commerce ED Grant Recipient September 10, 2023 Delta Harvest Run Delta REALTOR Community Service Foundation Fee Waiver October 27, 2023 Navrang ‐ A Dandiya Saga Muktangan Fee Waiver October 28, 2023 Pawtoberfest Ruff Day Rescue Fee Waiver October 29, 2023 Day of the Dead Individual Street Closures November 4, 2023 Brentwood Diwali Mela United Indian Association Fee Waiver November 5, 2023 East County Tree of Lights Hospice East Bay Fee Waiver November 11, 2023 Veterans Day Ceremony Roy Frerich's American Legion Post 202 Fee Waiver November 11, 2023 Veteran's Day Ceremony American Legion Veterans Park November 25, 2023 Holiday Parade Chamber of Commerce ED Grant Recipient December 10, 2023 Chanukah Festival Chabad of the Delta Fee Waiver December 10, 2023 Guadalupe Procession Immaculate Heart of Mary (IHM) Street Closures December 23, 2023 Breakfast with Santa HHS Instrumental Music Boosters Fee Waiver

December 18, 2023
Greetings Potential Sponsor,
Originating in Galveston, Texas on June 19th,1866, following Abraham Lincoln's Emancipation Proclamation in 1862, where the executive order was issued to officially outlaw slavery, Juneteenth was created. This holiday, also known as Freedom Day, celebrates the emancipation of those enslaved in the United States. Although Juneteenth celebrates the end of slavery, it was not until the ratification of the Thirteenth Amendment to the Constitution that chattel slavery was abolished nationwide. This holiday is the “longest running African American holiday” and has been celebrated with the goal to educate and celebrate community.

As we strive to celebrate and honor the diversity of all Contra Costa County cities and their history, Juneteenth is a celebration to be held with as much respect as 4th of July celebrations go forth. With that said, a host of community members have collaborated to create a Juneteenth celebration for our communities. Last year, we hosted an amazing 3-day long event at the Contra Costa County Event Park, formerly the Fairgrounds in Antioch. This event consisted of a full program with entertainment and speakers from throughout our community, and an array of food and craft vendors including health and wellness booths. We are looking to continue to grow the event and need your support so that we will be able to make this a long-lasting annual celebration for East Contra Costa County. This year's celebration will be held on Wednesday, June 19th at Brentwood City Park. Texas Rep. Al Edwards stated, “Every year we must remind successive generations that this event triggered a series of events that one by one defines the challenges and responsibilities of successive generations. That’s why we need this holiday”.

We look forward to your support and participation in this year’s Let Freedom Ring East County Juneteenth Celebration showcasing, “The Power of Our Village”.

For more information on sponsorship please contact: [email protected] Please make your checks payable to: 4 Ever Me Foundation Tax ID# 87-1884487 Mailing Address: 2601 Gazelle Court, Antioch, CA 94531
Thank you,
Claryssa Wilson, Event Facilitator/Chair

East County Juneteenth 2024- Sponsor Levels
Celebration of Freedom Title sponsor- $30,000
• Acknowledgement/advertisement on all publications (flyer, program, displayed signage on stage) - If a business or organization, 1 vender space is included • Acknowledgement through media mentions
• Acknowledgement during program
• 6 tickets to the VIP Sponsor Reception
Breaking the Chains sponsor-$20,000
• Acknowledgement/advertisement on publications (flyer, program, signage displayed near stage) - If a business or organization, 1 vendor space is included • Acknowledgement during program
• 4 tickets to the VIP Sponsor Reception
Victory sponsor -$10,000
• Acknowledgement/ advertisement on publications (flyer and program) - Acknowledgement during program
• 2 tickets to the VIP Sponsor Reception
Unity sponsor -$5,000
• Acknowledgement on and during program only
Juneteenth supporter sponsor - $1000 and below
• Acknowledgement during program only
Please keep in mind:
• If vendor space is provided, vendor MUST be self-contained and bring: (table, chairs, pop up tent, sanitation products, etc)
• Vendor space information will be sent via our email [email protected] • All signage that will be displayed on stage or next to stage MUST be provided to us before the start of the event between 8am-10am.
• Signage displayed on stage MUST be NO LARGER THAN 4X6 (banner or sign) ○ Signage displayed next to stage MUST also be NO LARGER THAN 8 ft (banner) For more information, please email: [email protected]

Attachment 7
Enter Estimated and Actual expenses for each category in respective tables in this worksheet, and Event Name in cell D1 to customize the title of this and other worksheets. Subtitle of this worksheet is in cell H1. Helpful instructi

EXPENSES
Total Expenses label is in cell at right, Estimated label in cell G3, and Actual in H3. Estimated Total Estimated Expenses in cell G4 and Total Actual Expenses in H4 are auto calculated. Next instruction is in cell A6. $60,000.00 Enter Site Expenses in table starting in cell at right and Refreshments Expenses in table starting in cell F6. Next instruction is in cell A13. Site Estimated Actual Refreshments Estimated Actual Brentwood City Park $5,000.00 Food $750.00
Site staff Drinks $300.00
Equipment Linens
Tables and chairs Staff and gratuities
Total $5,000.00 $0.00 Total $1,050.00 $0.00
Enter Decorations Expenses in table starting in cell at right and Program Expenses in table starting in cell F13. Next instruction is in cell A21. Decorations Estimated Actual Program Estimated Actual Performers $35,000.00
Balloons Speakers $3,000.00
Paper supplies Travel $1,750.00
$2,000.00 Hotel $1,750.00
Sound & Staging $8,000.00
Total $2,000.00 $0.00 Total $49,500.00 $0.00
Enter Publicity Expenses in table starting in cell at right and Prizes Expenses in table starting in cell F21. Next instruction is in cell A27 Marketing Estimated Actual Graphics work $500.00
Photocopying/Printing $500.00
Elecronic Billboards $1,000.00
Total $2,000.00 $0.00
Enter Miscellaneous Expenses in table starting in cell at right.

TOTAL EXPENSES
East County Juneteenth Celebration

CITY COUNCIL AGENDA ITEM NO. G.2
02/13/2024
SUBJECT: Consider scheduling parameters for regular and special City Council meetings and possible direction to staff
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager

TITLE/RECOMMENDATION
Future Agenda Item request related to the scheduling parameters of regular and special meetings, and to provide direction to staff.

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

BACKGROUND
After the topic was initiated by Vice Mayor Meyer at the January 9, 2024 Council Meeting, the Council requested an opportunity for reconsideration of the start times and frequency of special City Council meetings at the January 23, 2024 meeting.

Enabling participation for residents was also discussed, as well as the start times of regular meetings. City Manager Ogden offered to expedite this request due to the extra week available in between Council meetings to seek Council direction in scheduling future meetings going forward.

Special meetings are any meetings scheduled for the City Council outside of regular meetings, which are held on the second and fourth Tuesday of the month and start at 7:00 pm, with a few exceptions. Special meetings are often scheduled for workshops allowing for more discussion, joint-sessions with commissions, or urgent matters, and are scheduled for closed sessions consistent with state law.

Over the last few years, special meetings have started at various times, including during the day when Council Members’ schedules allowed for it. In 2023, most special meetings started at 5:30 pm. Starting meetings for the public too early may reduce the participation of some residents who may be commuting, for example. On the other hand, having meetings that run late in the evening may reduce participation from those residents who commute and have to rise early the next morning, or

CITY COUNCIL AGENDA ITEM NO. G.2
02/13/2024
seniors or parents with children tending to retire earlier to bed. Increasingly more complex items result in longer presentations and extended discussions of the City Council, thus necessitating longer or special meetings.

Determining special meeting dates and start times is a delicate balance in trying to accommodate everyone. Since January 2023, 52% (12 of 23) of the City Council’s regular meetings ended after 11:00 pm (78% after 10:30 pm). Further, nearly 40% of the meetings finished in the early morning taking a toll on residents, staff, and the Council. See attached schedule of 2023 and 2024 meeting dates, times, and lengths.

Finding dates and times for special meetings is challenging due to the availability of both Council Members and the Council Chambers (for streaming purposes). A sample calendar is attached reflecting regular use of the Council Chambers, and also notes regularly set Council committees and regional boards (where known) that pose other conflicts with availability. Not reflected herein are the three new Council committees still being scheduled, or other public meetings being scheduled as needed that may involve Council and/or staff.

City staff is looking for direction on start time parameters to schedule future special meetings, including closed sessions, to address critical items more efficiently within the next six months. Current anticipated complex meeting topics tentatively planned through August 2024, and scenarios warranting special meeting space include, but are not limited to, the following:
 Strategic Initiatives Plan
 Water Supply Assessment Study
 Capital Improvement Program, and Operating Budget
 Classification & Compensation Study
 Diversity, Equity, & Inclusion Study
 Zoning Ordinance Project
 Objective Design Standards
 Senior Center and Parks & Recreation Operational Assessment  Youth in Government Day events
 Topics requiring timely direction and/or dedicated focus on a single topic, etc.  Topics involving significant resident participation or based on outside consultant limited availability.

Further, approximately 10-12 closed sessions are anticipated to be scheduled through August 2024 for City Council employee evaluations & recruitment, labor negotiations, property negotiations, and litigation matters.