Brentwood City Council
February 27, 2024

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

7. Permittee shall comply with all requirements of Brentwood Municipal Code Chapter 17.725 (“Affordable Housing”), as effective on January 2022.

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

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

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

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

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

13. The Permittee shall reconfigure Parcel “Z” (park) to be approximately 0.59- acres and be accessible for public use. The final acreage of Parcel “Z” to be dedicated to the City shall be per the General Plan. The Permittee shall dedicate, in fee, to the City of Brentwood, said Parcel “Z”. Parcel “Z” shall be improved to the satisfaction of the City Engineering, the Director of Parks and Recreation, and the Community Development Director, or their designees, prior to the issuance of a building permit.

14. Parcel “Z” (approximately 0.59-acre park) shall be constructed and completed by the Permittee, subject to reimbursement, and to the satisfaction and approval of the City Engineer, Director of Parks and Recreation and the Community Development Director, or their designees, prior to the issuance of the 18th certificate of occupancy and prior to the issuance of any building permit contiguous to Parcel “Z”.

15. Parcel “Z” and all landscape trails, medians and streetscapes shall be maintained by the Permittee, at their expense, until subdivision acceptance.

After subdivision acceptance, these areas will be maintained by the City and

will be paid by the subdivision’s Lighting and Landscape District or other acceptable financing mechanism accepted by the City.

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

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

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

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

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

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

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

8.16 “Solid Waste.”
b. Construction and demolition work shall comply with Brentwood Municipal Code Chapter 8.40 “Construction and Demolition Debris Recycling.”
c. Permittee shall comply with Brentwood Municipal Code Chapter 9.32 “Noise Regulations.”

d. Permittee shall dedicate and improve any thoroughfare and/or collector street pursuant to Brentwood Municipal Code Chapter 12.04 “Street Widths.”
e. Permittee shall comply with the encroachment permit requirements pursuant to Brentwood Municipal Code Chapter 12.08 “Street Encroachments.”
f. Sewer backflow prevention, interceptors, and other health and safety requirements shall be incorporated into the project pursuant to Brentwood Municipal Code Chapter 13.04 “Sewer System – Rules and Regulations.”
g. Brine-discharging self-regenerating water softener systems are prohibited pursuant to Brentwood Municipal Code Section 13.04.022.B. h. Recycled water services shall comply with Brentwood Municipal Code Chapter 13.06 “Recycled Water Regulations.”
i. Water service shall comply with Brentwood Municipal Code Chapters

14.01 “Municipal Water System” and Chapter 14.10 “Cross-Connection Control.” In addition and to comply with both health and safety requirements as well as the City’s Engineering Design Standards, all projects serving more than 25 units shall design and construct at least two independent points of potable water supply to the Project. j. Contractors requiring construction water shall obtain a temporary water permit and shall only take water metered at a location specified by the City Engineer pursuant to Brentwood Municipal Code Section 14.01.340 “Contractors.”
k. Permittee shall comply with the Federal Clean Water Act, the Municipal Regional NPDES Permit, and Brentwood Municipal Code Chapter 14.20 “Stormwater Management and Discharge Control.”
l. Fire access and aerial apparatus access shall comply with the requirements of the Fire District and Brentwood Municipal Code Chapter

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

p. In addition to the indemnification obligation set forth above, Permittee shall indemnify the City pursuant to Brentwood Municipal Code Section

15.52.160 “City Held Harmless.”
q. Pursuant to Brentwood Municipal Code Section 16.070.030.B, review of a Final Map, certification and approval shall not proceed until the Improvement Plans (onsite and offsite) have been submitted and reviewed by and approved by the City Engineer.
r. Permittee shall obtain all required permits including, but are not limited to: buildings; sewer connections; encroachment; grading; use; business license; water connection; Army Corps of Engineers; Contra Costa County Flood Control; California Department of Fish and Wildlife pursuant to Brentwood Municipal Code Section 16.120.050 “Procedures.”
s. All storm drain, sewer, water and street systems shall be designed and sized to accommodate such additional flows, volumes or loads as may be contributed by the most intensive developed land use of the lands adjacent to or beyond the limits of the subdivision pursuant to Brentwood Municipal Code Section 16.120.080.
t. All public facilities shall be constructed and any existing deficiencies shall be corrected. This includes both required on- and off-site public facilities and any deficiencies on-site, abutting the parcel or parcels involved or required off-site to provide service to the proposed development or for the continued safety, health and well-being of the public upon completion of the development pursuant to Brentwood Municipal Code Section 16.120.090 “Public Facilities Installation.”
u. Utilities shall be installed underground pursuant to Brentwood Municipal Code Section 16.120.120 “Undergrounding – Electric, Communication, Street Lighting and Advanced Technology Systems.”
v. All landscaping installed by the project shall be from trees and plants selected from the City Approved Drought Tolerant and Native Plant List with the exception of bioretention facilities which shall conform to Appendix B of the Contra Costa Clean Water Program C.3 Guidelines, to the satisfaction of the Director of Parks and Recreation and City Engineer.
w. Permittee shall make all land dedications pursuant to Brentwood Municipal Code Sections 16.140 and 16.150.

23. Prior to issuance of a grading permit:

a. The height and location of all existing and proposed retaining walls shall be shown on the Grading Plans. Retaining walls over three feet in height shall be structurally engineered, and shall require separate building permits. All retaining walls shall include a sub-drain system to the satisfaction of the City Engineer.
b. Construction Plans shall demonstrate with plans, analysis, or other documentation signed and stamped by a licensed Civil Engineer that there is adequate overland drainage release to an adequate public drainage facility to the satisfaction of the City Engineer. Permittee shall acquire drainage easements, if necessary.
c. Permittee shall provide approved hydrology and hydraulic calculations signed by a licensed engineer demonstrating that the Project will adequately collect and convey all runoff within the Project as well as the entire developed watershed upstream of the Project pursuant to Brentwood Municipal Code 16.120.080.C.

24. Prior to issuance of an encroachment permit or approval of Improvement Plans:
a. Unless otherwise constructed by the City, construction plans, designed to the satisfaction of the City Engineer, shall include the widening of Lone Tree Way along the project frontage to the ultimate right-of-way configuration consistent with Standard Detail ST-1 “Arterial Street”.

Improvements shall include, but not be limited to, the widening of roadway, bike lane, street lighting, sidewalk, green infrastructure, landscaping, irrigation, median islands and traffic signal at the intersection of Lone Tree Way, Smith Road and Christopher Way. As these improvements are not necessitated by the Project’s impacts, they are eligible for reimbursement consistent with the City’s Development Fee Program and the Project’s fair-share due to its impacts.
b. All proposed internal roadways shall be privately maintained with public utility and emergency vehicle access easements dedicatedunless they are designed and built to current City Standards to the satisfaction of the City Engineer.
c. The Permittee shall submit for review and approval of the Community Development Director an enhanced paving plan showing colorized stamped concrete, asphalt, or similar at the main ingress/egress points to the single-family residential lots along Lone Tree Way to provide a clear delineation between public and private streets, which location shall be shown on the improvement plans.
d. Construction Plans shall include all utilities, including, but not limited to, meters, hydrants, poles, signs, clean-outs and boxes to be located

clear of all trails, sidewalks and driveways or as determined by the City Engineer.
e. Construction Plans shall include all utilities designed with seismic considerations to the satisfaction of the City Engineer. f. Permittee shall submit a colored Composite Site Exhibit showing the location of all existing and proposed utilities, utility boxes, landscaping, monuments, street improvements, lights, signs, driveways, house envelopes, fencing, grading contours, walls, easements, property lines, and other improvements as required at a sufficient scale to allow a comprehensive review of proposed improvements.
g. Construction Plans shall note that construction of all gravity utilities (i.e. storm drain, sewer) to always commence at the downstream connection and proceed to the upstream terminus.
h. Construction Plans shall demonstrate that all gravity utilities (i.e. storm drain, sewer) are designed to positively and completely drain by gravity without relying on any electro-mechanical means (i.e. pumps, lift stations and siphons) to the satisfaction of the City Engineer. i. Construction Plans shall include cathodic protection measures for all buried metallic infrastructure pursuant to City Standards or as approved by the City Engineer.
j. Construction Plans shall include all proposed storm drain inlets to include and update existing storm drain inlets along the project frontage with “No Dumping – Drains to Creek” thermoplastic stencils to the satisfaction of the City Engineer.
k. Permittee shall obtain approval from the City Engineer on the Project Operation and Maintenance Manual for all stormwater control systems.

Said Manual shall comply with all applicable Municipal Regional NPDES Permit requirements including, but not limited to, maintenance, sediment removal, weed and trash abatement, and the use of chemicals.
l. Construction Plans shall include all landscaping with adequate root barriers to protect all City facilities, including but not limited to sidewalks, utilities, meters, ramps, and driveways.
m. Permittee shall have a licensed Land Surveyor locate all existing survey monuments on or adjacent to the project, and show said monuments as protected on all construction plans.

n. Construction Plans shall include a Traffic Control Plan in conformance with the latest edition of the Manual of Uniform Traffic Control Devices issued by Caltrans and as required by the City Engineer. o. Construction Plans shall include Emergency Vehicle Access areas to comply with the requirements of the Fire District, and that ingress and egress is provided to all neighboring properties during construction. p. Construction Plans shall incorporate roadways and driveways that provide adequate sight distance pursuant to City and Caltrans design requirements. All landscape areas required to have restrictions to comply with sight distance requirements shall be shown on applicable Construction and Plot Plans.
q. Construction Plans shall incorporate all-weather vehicular access from a public road to all proposed and existing public storm drain, sewer, water, and non-potable water mains, appurtenances, and easements subject to approval of the City Engineer.

25. Prior to approving the Final Map:
a. Final Map shall comply with the current Subdivision Map Act. b. Final Map shall show the project frontage dedication area for Lone Tree Was as a future public right-of-way; not as open space being dedicated to the City.
c. The Project shall annex into the most current City Community Facilities District, and annex into, or form a street lighting and landscape maintenance assessment district, or provide and execute an alternative funding mechanism acceptable to the City for the maintenance of City improvements.
d. The Project shall annex into the most current Emergency Medical and Fire Protection Services Community Facilities District as required by the Contra Costa County Fire Protection District and Brentwood Municipal Code Chapter 17.635.
e. Permittee shall provide for an adequate private funding mechanism for the perpetual maintenance of all stormwater NPDES treatment areas and other similar clean water facilities to the satisfaction of the City Engineer. In addition:
i. Permittee shall dedicate parcels, if any, with said facilities to a Homeowner’s Association (HOA) or similar private entity in fee. ii. Permittee shall dedicate private easements in favor of the HOA or similar private entity over accessible areas within individual lots over proposed self-retaining areas.

f. Final Map shall include approved street names by the Fire District and Community Development Department. All public streets shall be irrevocably offered for dedication.
g. All applicable City fees shall be paid including, but not limited to, the Agricultural Mitigation Fee, the Contra Costa Flood Control and Water Conservation District Fee.
h. Final Map shall show relinquishment of abutter’s rights of access adjacent to all accessible ramp locations.
i. For all common interest developments, Permittee shall submit a copy of the draft Covenants, Conditions and Restrictions for City review.

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

CITY COUNCIL RESOLUTION NO. 24-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING DESIGN REVIEW (DR 22-005) FOR 37

SINGLE-FAMILY HOMES, INCLUDING FOUR DUET UNITS,
LOCATED AT 7590/7650 LONE TREE WAY (APN 018-060-
006/007).

WHEREAS, Seecon Financial and Builders, Inc. (the “Applicant”), submitted an application to the City of Brentwood for certain permits and approvals, including a Vesting Tentative Subdivision Map (VTSM 9597) and Design Review (DR 22-005), to develop its proposed Lone Tree Way Project, a residential subdivision project proposed to be developed on a 16.32-acre site located north of Lone Tree Way (the “Project Site,” identified as APN 018-060-006/007); and WHEREAS, collectively, Vesting Tentative Subdivision Map (VTSM 9597), which includes a request for a density bonus under the State Density Bonus Law, and Design Review (DR 22-005) constitute the “Project;” and WHEREAS, the Project application has been referred to various public utility companies, public districts, and pertinent departments for review and recommendations; and
WHEREAS, the City prepared an Initial Study and Mitigated Negative Declaration (SCH#20231003390) for this project in accordance with CEQA and the CEQA Guidelines, and at its December 5, 2023 meeting, the Planning Commission recommended that the City Council adopt said MND, including its accompanying Mitigation Monitoring and Reporting Plan, through adoption of Resolution No. 23-038; and
WHEREAS, the City distributed a Notice of Public Hearing to all property owners of record within 300 feet of the project site and published it in the Brentwood Press on November 24, 2023 in accordance with City policies and Government Code Section 65090; and
WHEREAS, the Planning Commission held a public hearing on this project at its regular meeting of December 5, 2023, and considered, among other things, the staff report, supporting documents, public testimony, and all appropriate information submitted with the proposed Project.

WHEREAS, the Planning Commission uniaimously voted to recommend that the City Council approve design review application DR 22-005; and WHEREAS, the City distributed a Notice of Public Hearing to all property owners of record within 300 feet of the project site and published it in the Brentwood Press on January 12, 2024 in accordance with City policies and Government Code Section 65090; and

WHEREAS, a public hearing of the Project was scheduled before the City Council on Janaury 23, 2024. However, six hours prior to the meeting the applicant submitted a letter to the City Council requesting that an alternative to their project be considered; and
WHEREAS, at the Janaury 23, 2024 meeting, staff requested that the item be continued to February 27, 2024, in order for staff to analyze the proposal and ensure compliance with applicable laws and the project’s IS/MND; the City Council approved the continuance; and
WHEREAS, the City Council held a public hearing on this project at its regular meeting of February 27, 2024, and considered, among other things, the staff report, supporting documents, public testimony, and all appropriate information submitted with the proposed Project; and
WHEREAS, on February 27, 2024, the City Coucil adopted IS/MND SCH#20231003390 via Resolution No. ___ and VTSM 9597 via Resolution No. _____.

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

A. With respect to the design review findings pursuant to Brentwood Municipal Code Section 17.820.007:
i. The proposed development shall create a well-composed urban design, harmoniously related to other facilities in the immediate area and to the total setting as seen from key vantage points in the community.

The proposal provides for a varied streetscape, interspersing three plans with four distinct elevations per plan. The Residential Design Guidelines requires the provision of three plans with four distinct elevations per plan, the proposed project is providing a total of three varied floor plans with four varied elevations, ensuring significant architectural variation within the streetscape and, thereby, meeting the intent of the Guidelines. In addition, each architectural style will have six color scheme options to provide significant color scheme variation that creates a variety of combinations.
ii. Elements of design which have significant relationship to the exterior appearance of structures and facilities shall be given special consideration; these elements include but are not limited to height, arrangement on the site, texture, lighting, material, color, signs, landscaping, size, bulk and scale, and appurtenances.

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

There are three home plans with each of the floor plans offering a unique configuration, intended to create differentiation and variety on the streetscape, and provide buyers with distinct choices in lifestyle and use of space. There are four distinctive elevation styles, which include Spanish, Farmhouse, Craftsman, and French Country. The exterior materials, massing, roof shape and pitches, trim shapes, colors and materials create a strong neighborhood identity and provides for architectural variation throughout the subdivision. For each architectural style will have six color scheme options that represent the particular style, for a number of color combination schemes. The proposed design provides architectural elements and building forms including the size, bulk and scale of the homes, that reflect attention to detail and general compliance with the City’s Design Guidelines.
iii. The proposed development shall be of a quality and character appropriate to, and serving to protect the value of, private and public investments in the immediate area.

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

Other features identified in the design guidelines are carried through onto the proposed plans, including: maintenance of architectural integrity with window-wrapping treatment carried around to the side and rear elevations; inclusion of various roof heights and forms; and the visual emphasis of front doors from the street. Roof forms and pitch angles vary slightly, but are generally consistent throughout each architectural elevation style. Taken together, these elements reflect attention to detail and general compliance with the City’s design guidelines by creating a thoughtful and well design project that serves to protect the value of, private and public investments in the immediate area. iv. Where the proposed development is located in an area for which a specific plan, planned development, neighborhood plan or precise plan has been adopted by the city council, the design of the development shall conform in all significant respects with such plans.

The subject site is not located within an area for which a specific plan has been approved. However, it is subject to the provisions of the Single Family Residential (R-1-12) zoning district, which allows for single-family residential uses on lots as well as provides development standards including height, setbacks and parking standards. In addition, the project site is likewise within the General Plan Residential Very Low Density (R-VLD) land use designation, which provides for 1.1-3.0 dwelling units per acre.

According to the General Plan, density calculations are to be made based on a project’s gross acreage. This project would result in a density of 2.27 dwelling units per acre, within the General Plan allowable range.
v. The proposed development shall conform with all requirements for landscaping, screening, parking, usable open space and off-street loading as set forth in this title.

The Project, as designed and conditioned, incorporates all required landscape areas within private front yards, all water treatment areas will be owned and maintained by an HOA. At least two fullsize parking spaces are provided within the garage of each home plan, thus meeting the parking requirements pertaining to singlefamily developments. vi. The site development criteria set forth in Section 17.820.008.

The siting and internal arrangement of all structures and circulation, parking, lighting, access, landscape, hardscape, and utility facilities on the site are conducive to an orderly, attractive, efficient, and harmonious development insomuch as the homes are plotted to meet the allowed setbacks and are designed to provide an attractive and interesting street scene. The home plans are designed to reduce massing and introduce development on a scale that is appropriate to surrounding uses. Access to the
neighborhood is provided through public streets and required parking is provided on each residential lot within a two-car garage.

Additionally, as designed, the Project will not have an adverse environmental effect on adjacent developments, existing or potential, by reason of conflicts in land use in that the proposed development adheres to the General Plan allowable density. vii. “The City of Brentwood Design Guidelines” adopted March 24, 2001, and any other applicable specific design criteria or standards set out in this title or other city ordinance.

The project adheres to these standards at it provides variety in unit plans by providing three distinct floor plans and 4 elvations for each

of the these floor plans, 50% of corner lots within the development are single-story units, 25% of all units are single-story units, (BDG Section 2.6.1) The project further complies with the guidelines as the proposed homes maintain architectural integrity given that the four architectural styles are clearly articulated (BDG Section 2.6.2). viii. All applicable regulations of the zoning ordinance and other city ordinances, policies or resolutions.

The State of California has passed numerous housing laws to address the housing shortage and limit local government’s ability to deny housing projects that comply with the General Plan and/or zoning designation. There are several laws that apply to the project and effect the processing of the Project. The housing laws that effect and are requested to be used by the applicant and project directly limit the City’s ability to respond to issues about density, development standards, and design standards. Although there are a variety of housing laws that apply to this project, the most relevant is the State Density Bonus law (Government Code §§ 65915-65918), with which this Project, as conditioned, is consistent. The Project’s compliance with all applicable regulations of the zoning ordinance and other City ordinances, policies, or resolutions is further discussed in the findings set forth in Resolution No. 23-039 approving Vesting Tentative Subdivision Map (VTSM 9597), which findings are incorporated herein as if restated in full.

B. Hereby approves Design Review (DR22-005) subject to the conditions of approval listed in Exhibit ‘A’, attached hereto and made a part of this resolution, and all City standards applicable to this project.

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

ADOPTED by the City Council of the City of Brentwood at its regular meeting of February 27, 2024, by the following vote:

AYES: None
NOES: None
ABESENT: None
RECUSE: None

APPROVED
Joel R. Bryant
Mayor
ATTEST:

Margaret Wimberly, MMC
City Clerk

CITY COUNCIL RESOLUTION NO. 24-____

CONDITIONS OF APPROVAL FOR
DESIGN REVIEW (DR 22-005)

1. The Applicant and Permittees, including all successors in interest (collectively, “Permittee”) shall comply with each and every condition set forth in the Permit. Design Review (DR 22-005) (the “Permit”) shall have no force or effect and no building permit shall be issued unless and until all things required by the below-enumerated precedent conditions have been performed. The Permittee shall develop the site in accordance with the approved attachments and as modified by these Conditions of Approval.

2. All applicable Standard Conditions of Approval for Tentative Subdivision Maps and Design Review Applications, dated May 2005, are hereby incorporated by reference and shall be complied with by the Permittee, unless modified by any of the conditions below.

3. The residential units shall be constructed in substantial conformance with the Plans prepared by Discovery Design Group dated “June 30, 2022” unless otherwise amended by the conditions of approval contained herein.

4. The approval of Design Review (DR 22-005) is effective only after adoption of the MND prepared to analyze the Project.

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

6. The Permittee shall provide staff with an updated master plotting plan depicting the proposed moderate income detached unit on either lot #23 or #25 in order to meet the Affordable Housing requirement requiring dispersal of low income units.

7. The Permittee shall provide staff with updated plans (master plotting plan, landscaping plan, etc.) reflecting all the requested Density Bonus waivers.

8. Permittee shall provide staff with a Master Plotting Plan depicting all units, except for the duet units, being in conformance with the 20’ front yard setback requirement of the R-1-12 zone.

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

10. Building designs shall consist of one of the four approved architectural styles (Spanish, Farmhouse, Craftsman, and French Country).

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

12. Pursuant to the Brentwood Residential Design Guidelines, enhanced design elements and a continuation of design elements, such as lap siding and shutters as proposed on the front elevations shall also be provided on the side and rear elevations of corner lots.

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

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

15. All proposed trees shall be depicted on the proposed landscape plans as being in 24-inch boxes.

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

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

18. The Permittee shall be responsible for the construction of all good neighbor fences between the properties and all perimeter walls.

19. Perimeter CMU wall shall be 6 feet tall, with pilasters in 10 foot intrevals.

Pilasters shall project 12 inches from the face of the wall and will project 12 inches from the top of the wall in order to break up the wall plain.

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

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

22. The Permittee shall indemnify, defend with counsel of the City’s reasonable choosing, and hold harmless City and its City Council, its boards and commissions, officials, officers, employees, and agents (the “Indemnified Parties”) from and against any third party claim, action, or proceeding against

City and/or the Indemnified Parties to attack, review, set aside, void, or annul the City’s approval of the project approved herein, including adoption of VTSM 9597, and DR 22-005, and any environmental determination made with regard thereto, save and except to the extent caused solely by the City's sole or active negligence, or willful misconduct. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, reasonable attorneys' fees, and other reasonable expenses incurred in connection with such claim, action, causes of action, suit or proceeding. The Permittee shall pay to the City upon demand or, as applicable, on a monthly basis to counsel of City’s reasonable choosing, amounts owed pursuant to the indemnification requirements prescribed in this condition. City shall promptly notify the Permittee of any claim, action, or proceeding and shall engage in reasonable efforts to cooperate in the defense. To the extent the above indemnification is limited by Government Code Section 66474.9, any limitations shall only apply to VTSM 9597, and the remainder of this obligation shall be unaffected by said Government Code section.

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

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

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

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

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

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

29. The Permittee shall comply with all conditions of approval for Vesting Tentative Subdivision Map No. 9597, and Design Review No. 22-005.

30. The Permittee shall submit architectural plans depicting both sets of duet units to be of different architectural styles.

PLANNING COMMISSION AGENDA ITEM NO. E.1
12/05/2023
SUBJECT: Application for Vesting Tentative Subdivision Map and Design Review approval for the Lone Tree Way residential project.

DEPARTMENT: Community Development Department
STAFF: Erik Nolthenius, Planning Manager
Miguel Contreras, Associate Planner

TITLE/RECOMMENDATION
Staff recommends that the Planning Commission consider Resolution No. 23-038 recommending that the City Council adopt a Mitigated Negative Declaration for the project (SCH#2023100339); consider Resolution No. 23-039 recommending that the City Council approve the Vesting Tentative Subdivision Map application (VTSM 9597); and consider Resolution No. 23-040 recommending that the City Council approve the Design Review application (DR 22-005), subject to certain findings and conditions.

The project includes a Vesting Tentative Subdivision Map (VTSM 9597) to create 36 single-family residential lots, including a duet with a 5-bedroom shared housing building, a public park, a new private internal roadway system, and other related onsite and off-site improvements. The project qualifies for a density bonus pursuant to State Density Bonus Law (SDBL), but is not seeking to develop above the density allowed by the General Plan. Rather, the applicant seeks waivers or reductions from certain City standards, as allowed by the SDBL. The project also includes a design review application (DR 22-005) for the homes to be constructed on the 36 lots. The project is located at 7590/7650 Lone Tree Way (APN 018-060-006/007) The City prepared a Mitigated Negative Declaration for this project in accordance with the requirements of the California Environmental Quality Act (CEQA, codified at Public Resources Code §§ 21000, et seq., and as further governed by the State CEQA Guidelines, found at 14 CCR §§ 15000, et seq.). Several potentially significant impacts are identified; however, mitigation measures are incorporated to reduce those impacts to less than significant levels. All mitigation measures not addressed by the standard conditions of approval are included as conditions of approval where appropriate.

OWNER/APPLICANT
Seecon Financial & Construction Co., Inc.

PLANNING COMMISSION AGENDA ITEM NO. E.1
12/05/2023

GENERAL PLAN
Residential-Very Low Density (R-VLD)

ZONING/SURROUNDING LAND USES
Single Family Residential (R-1-12)
Surrounding Land Uses
North: Single family residential (rural)
East: Single family residential (rural)
South: Religious institution, single family residential (across Lone Tree Way) West: Single family residential (rural)
2023 Aerial Photograph of Project Site

PREVIOUS ACTION(S)
Attachment 1

BACKGROUND
The applicant has proposed a residential subdivision that includes single-family homes, two affordable duet units, and (in one of those duets) a new housing product

PLANNING COMMISSION AGENDA ITEM NO. E.1
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type: a shared housing unit. As will be explained below, the applicant’s proposal assumes that the City would be willing to accept its offer of dedication of this shared housing unit. This report analyzes that proposed project, as well as offers potential variations on the project that include housing types more commonly found in Brentwood (e.g., an additional duet or a triplex) in lieu of the City’s acceptance of the offer of dedication of the shared housing unit.

The 16.32-acre project site includes two parcels and is located at 7590/7650 Lone Tree Way, north of Lone Tree Way (APNs 018-060-006/007) and just east of O’Hara Avenue. The site is currently open grassland and was previously improved with three residential buildings, two of which were located on the southwestern portion of the site and a third on the southeastern portion of the site. All three of these residential buildings, and corresponding accessory buildings, were demolished in July, 2022.

There are scattered trees which are primarily clustered on the southwestern and southeastern portions of the site, as well as the perimeter of the site. The General Plan designates the site as Residential-Very Low Density (R-VLD) and the site is zoned Single Family Residential (R-1-12), with a 12,000 square foot minimum lot size. The R-VLD designation provides for fairly large lots for single-family residences in an identifiable, suburban residential neighborhood.

APPLICABLE STATE HOUSING LAW
The applicant submitted a preliminary application for this project under Senate Bill (SB) 330; that preliminary application was deemed submitted to the City consistent with the requirements of Government Code §65941.1 in April 2022. This law made numerous changes to the Permit Streamlining Act and the Housing Accountability Act. SB 330 requires that, if the application complies with the applicable objective general plan, zoning, and subdivision standards and criteria, including design review standards, that are in place at the time that the preliminary application was deemed submitted (i.e. April 12, 2022), the City cannot deny or condition the project in a manner that would lessen the intensity of housing, such as decreasing the density or number of units (Government Code section 65589.5(j)).

Additionally, the City cannot require compliance with the City’s General Plan “midrange” policy. The “mid-range” policy requires that applicants meet subjective criteria to develop above the mid-point of the applicable General Plan density range, and is, therefore, contrary to the requirement that cities cannot limit density through subjective criteria. The City Council has previously directed that this policy be removed from the General Plan.

PLANNING COMMISSION AGENDA ITEM NO. E.1
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PROJECT DESCRIPTION
The applicant, Seecon Financial & Construction Co., Inc., is requesting approval of an Initial Study/Mitigated Negative Declaration (IS/MND), a Vesting Tentative Subdivision Map (VTSM 9597), and Design Review (DR 22-005) for a new 36-lot development including 34 detached units, two affordable duet units (with one of the units being intended for single-family occupancy and the other intended to contain shared housing for 5 different households within the same shared housing building), a 0.58-acre park, an internal private roadway system, on-site stormwater retention facilities, and related on-site and off-site improvements.

Procedurally, per Section 2.44.070(D) of the BMC, when an application is combined with another application requiring legislative action (such as a zoning amendment, general plan amendment, exception under general plan density transition action LU 2a, or development agreement), the Planning Commission’s action is advisory to the City Council, which becomes the decision maker. Since the applicant is seeking a waiver from the density transition policy, as further detailed below, the City Council would be the approving body for this application and the Planning Commission’s action will be advisory to the City Council.

Proposed Subdivision
The proposed project would include the subdivision of the 16.32-acre property to develop 34 detached single-family residences on lots ranging from 12,000 square feet to 23,941 square feet, and two duet units on lots of 5,979 square feet and 6,055 square feet, respectively.

Floor Plans and Architecture
The project includes three varying floor plans for the detached single-family homes that would be distributed across 34 lots and a single floor plan for the duet units that would be situated on two lots. The project design includes four distinct architectural styles.

Table 1: Floor Plans
Plan Number Units Size # of Lots % of Total
Plan 1
One story, 2,924-sf residence with
four bedrooms, covered patio, porch,
three car garage
14 38.8%
Plan 2
Two story, 3,490-sf residence with
four bedrooms, covered patio, porch,
three car tandem garage, with a
10 27.7%

PLANNING COMMISSION AGENDA ITEM NO. E.1
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Plan Number Units Size # of Lots % of Total
loft/five bedroom option, and a JADU
option.

Plan 3
Two story, 3,834-sf residence with
five bedrooms, covered patio, porch,
three car garage, with a loft/ six
bedroom option, and a JADU option.
10 27.7%
Duet Plan “A”
Lot #11
Two story, 1,950-sf residence with
four bedrooms, porch and two car
garage.
1 2.7%
Duet Plan “B”
Lot #36
Two story, 2,165-sf shared housing
building with 5 shared-housing units,
porch and two car garage.
1 2.7%
Proposed Shared Housing Building/Units
The applicant proposes 34 single family homes and two duets. As of January 2023, the SDBL allows for applicants to provide “[f]ive percent of the total units of a housing development, including a shared housing building development, for rental or sale to very low income households, as defined in Section 50105 of the Health and Safety Code” (Section 65915(b)(1)(B)). For this particular project, the applicant is seeking to utilize half of the proposed duet as a shared housing building, which is “…a residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents” (Government Code Section 65915(o)(7)(A)(i)).

Within this shared housing building, the applicant is proposing five shared housing units, which are defined as “…one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the “minimum room area” specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of “guestroom” in Section R202 of the California Residential Code.” (Government Code Section 65915(o)(7)(B)).

Shared housing buildings are a new concept and have not been previously proposed or constructed in Brentwood.

ANALYSIS

PLANNING COMMISSION AGENDA ITEM NO. E.1
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GENERAL PLAN CONSISTENCY
Residential Very Low Density
The subject property has a General Plan land use designation of R-VLD. The R-VLD designation is designed predominantly for fairly large lots for single family residences.

The permitted density range is 1.1 to 3.0 units per gross acre (du/ac), and the proposed project would result in a density of 2.45 du/ac (40 units/16.32 acres =

2.45), consistent with the General Plan. As noted above, the City cannot impose the “mid-range” policy currently identified in the General Plan.

Consistent with the General Plan, this development would help to provide a broad spectrum of housing types and community facilities with development occurring in a logical and orderly manner and contiguous with existing developments (Goal LU1, Policy LU 1-4, and Policy LU 1-5). The proposed project is located in a convenient location for future residents to access bus transit, with two bus stops within 0.5 mile of the site (Policy LU 2-6).

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

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

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

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Action LU 2a: Density Transition
Action LU 2a requires that new developments utilize density transitions in order to protect the integrity of existing land use patterns and minimize the impacts on existing uses and residents. Therefore, it is City policy that proposed lots facing or abutting existing residential lots of one acre or more generally have a minimum lot size of 20,000 square feet.

The subject site is surrounded on three sides (north, east, and west) by six lots that are larger than one acre (and one that is 0.5 acre), and is therefore subject to the density transition policy. The applicant has identified the City’s density transition requirement as a standard from which they are seeking relief through a density bonus waiver (see additional explanation below). The applicant’s initial application, without the request for waivers, proposes to meet this requirement by using two of the lots (#20 and #33) to buffer the development from the adjacent large lots. These lots would have “wings,” as shown in Attachment #6. These wings are best described as six-foot wide projections that would buffer the new, smaller lots from the existing large lots surrounding the proposed development.

As mentioned above, the project was submitted under Senate Bill (SB) 330; and therefore the applicant is only required to comply with the applicable objective General Plan criteria, including the transition policy. As also mentioned above, the City cannot deny or condition the project in a manner that would lessen the intensity of housing, such as decreasing the density or number of units. Given that the City has no objective standard for lot shape or configuration, the project with the wing lots, would be in compliance with the density transition policy, in that they are both a minimum of 20,000 square feet in size.

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

The project includes a land use pattern that would provide for a diverse and selfsufficient community that would offer a total of 34 detached single-family residences, with 33 market rate units and one moderate income unit. In addition, the project would provide two duet units, of which one would be low income and the other would be a shared housing building that contains five very-low income units.

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

PLANNING COMMISSION AGENDA ITEM NO. E.1
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The project would provide a diversity of housing opportunities by including 33 singlefamily market rate homes, a moderate income home, and two duet units, one half of which would provide one low income unit, and the other half of which would contain five very low income shared housing units. The market rate homes would range in size from 2,924 sf to 3,834 sf. The duet units would be 1,950 square sf and 2,165 sf, respectively, with each of the five shared units being approximately 100 square feet and having their own bathrooms.

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

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

ZONING CONSISTENCY – SINGLE FAMILY RESIDENTIAL (R-1-12) The project site is zoned R-1-12. As shown in the table below, the project satisfies the required height and parking standards for this zoning district.

In terms of lot size, the R-1-12 zone allows for single-family detached residential uses on lots with a minimum size of 12,000 sf. The two duet lots would be 6,055 sf and 5,979 sf, respectively. Though the duet lots are smaller than what the R-1-12 zone allows, Section 17.7253.003(F)(1) of the BMC provides that:
residential developments, with very low density zoning designations, the affordable unit may be smaller in size than other models in the residential development. The minimum permissible affordable unit size is one thousand six hundred square feet on a three thousand square foot parcel. As a means to provide massing and lot proportions consistent with the residential development, a duet unit will satisfy the city’s affordable housing requirement.

For example, a duet unit can be located on a corner with each duet unit being one thousand six hundred square feet on two separate three thousand square foot parcels.

As allowed under the SDBL, the applicant is requesting a waiver or reduction of certain R-1-12 development standards, which are discussed below.

Table 2: R-1-12 Development Standard Compliance

PLANNING COMMISSION AGENDA ITEM NO. E.1
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R-1-12
Development
Standards
Proposed Complies?
Minimum Lot
Area
Market rate lots:
12,000 sf
Detached lots:
12,000 sf
minimum
Yes
Affordable duet lots:
3,000 sf
Duet lot #11:
6,055 sf
Duet lot #36:
5,979 sf
Yes
Minimum Lot
Width
90 feet
+
90 feet measured 30
feet from front
property lines for
lots on the “bulb” of
curvilinear street.
90 feet minimum
and 45 feet on
curvilinear lots
Duet lots: 35 feet
Detached lots comply
Waiver requested for
duet lots
Maximum Lot
Depth 150 feet
210 feet on lots
#20, 24 and 33.

All other lots
meet this
requirement.

No, waiver requested
Minimum
Front Yard
Setback
20 feet 15 feet No, waiver requested
Minimum
Side Yard
Setback
12 feet, sum of both
sides 30 feet
All detached lots:
12 feet, sum of
both sided 30 feet
Duet lots: 0 feet
Detached lots comply
Waiver requested for
duet lots
Minimum
Rear Yard
Setbacks
20 feet
All detached lots:
20 feet minimum
Duet lots: 5 foot
setback
Detached lots comply
Waiver requested for
duet lots
Minimum OffStreet
Parking
Spaces
2 2 Yes

PLANNING COMMISSION AGENDA ITEM NO. E.1
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R-1-12
Development
Standards
Proposed Complies?
Maximum
Building
Height
30 feet 28 feet, seven
inches Yes
Density 1.1-3.0 dwelling
units per acre

2.45 dwelling
units per acre Yes
State Density Bonus Law
Under the SDBL, an applicant may obtain additional density, as well as a relaxation or elimination of applicable development standards (i.e., concessions and waivers) in exchange for providing certain levels of affordable housing. The proposed project would provide five units affordable for very-low income households, which meets the SDBL threshold for a base density bonus (Government Code § 65915(f)(2)(B)(1)(b)).

However, the project’s proposed density is within the allowed range under the City’s General Plan and, as a result, the applicant is not requesting to utilize any of the allowed bonus units (i.e., the project is not requesting additional density). The project is, however, requesting to utilize the waivers allowed under the SDBL with respect to some of the zoning criteria.

Under the SDBL (Government Code § 65915 (f)(2)(B)(1)(b)), the project is required to provide at least five percent (5%) of the units for very-low income households in order to qualify for waivers listed above. SDBL allows projects to “double dip,” or to allow units required by the City’s Affordable Housing Ordinance to also qualify as affordable units for purposes of the SDBL.

As further analyzed below, this project satisfies the requirements of both SDBL and the City’s Affordable Housing Ordinance (if the City accepts certain offers of dedication). For purposes of SDBL compliance (which the project requires in order to obtain waivers of certain development standards), the project is providing the affordable units required to comply with the Affordable Housing Ordinance (1 moderate single-family, 1 low-income single family, and 1 duet unit with half of the duet for very low-income), as well as affordable units in excess of the Affordable Housing Ordinance requirements (5 shared housing units in the other half of the duet). Based on the proposal, staff has provided more detailed calculations below illustrating how the project qualifies under the provisions of both the SDBL and the City ordinance.

Table 3: State Density Bonus Law

PLANNING COMMISSION AGENDA ITEM NO. E.1
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City Affordable Housing Ordinance Requirements
The project application was deemed complete in April 2022, and therefore is subject to the City’s Affordable Housing Ordinance that was in effect at that time. That ordinance provides that:
 Required percentage. Projects of this size must provide ten percent (10%) of total units as affordable units. For ownership units, this breaks down to 3% of the units being affordable to very-low income households, 4% being affordable to low income households, and 3% being affordable to moderate income households.
 Calculation methodology. In calculating a project’s affordable housing requirement, any decimal fraction less than 0.50 dwelling unit is disregarded and any decimal fraction equal to or greater than 0.50 dwelling unit must be construed as one dwelling unit (for projects of ten or more units).  Dedication of units. An applicant may propose an “alternative equivalent” to constructing 10% of the units as affordable. One of the potential “alternative equivalents” listed in the ordinance is the dedication of affordable units to the City’s rental housing program. In the event the City accepts this offer of dedication, “each unit dedicated to the city shall equate to the construction of two affordable units that would otherwise be required…” (BMC Section

17.725.004.D.) Here, the applicant proposes to dedicate one duet unit (Lot 36) and have it count as two of the project’s obligations met per this provision.

The unit the applicant seeks to dedicate to the City is the duet on Lot 36 that would contain the five shared housing units. Staff notes that the City has not previously accepted any offers of dedication of affordable units.

Table 4: Local Affordable Housing Ordinance Requirements Affordability
Level
Minimum number of
units required
Proposed Does the project
meet minimum
qualifications for
SDBL eligibility?
Very-low 5% (2 units) 5/40 =

12.5 % (5
shared
housing
units in
half of
duet)
Yes

PLANNING COMMISSION AGENDA ITEM NO. E.1
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If the City Council does not accept the offer of dedication of the duet unit on Lot 36, the applicant would not meet the City’s Affordable Housing Ordinance requirements, as it would be short one unit. In that event, the project could potentially be modified to meet these requirements in another fashion, while still allowing the applicant to utilize the SDBL. For example:
 Option 1: In addition to constructing duets on Lots 11 and 36, the applicant could construct another set of duets, with both units restricted to affordable households. To comply with BMC Section 17.725.003.F, which requires affordable units to be dispersed throughout residential developments in order to avoid their concentration, these new duets would need to be located in another part of the proposed subdivision.
 Option 2: Rather than constructing duets on Lots 11 and 36, the applicant could instead construct a triplex, and restrict all three units as affordable housing at ratios sufficient to meet City requirements. The City’s Affordable Housing Ordinance contemplates the allowance of triplexes on corner lots. (BMC Section 17.725.004.D.)
Affordability
Level
Required
(ownership)
Proposed Does the project meet
requirement?
Very-low 3% (1.2 units
rounded to 1 unit)
1/40 = 2.5%
(duet on Lot
36)
Yes
Low 4% (1.6 units
rounded to 2 units)
2/40 = 5 %
(duet unit on
Lot 11 +
credit for
dedication of
the duet unit
on Lot 36)
Yes, if the City agrees to
accept the offer of dedication
of the duet unit on Lot 36. If
the offer is rejected, the
proposed project does not
comply.

Moderate 3% (1.2 units
rounded to 1 units)
1/40 = 2.5%
(singlefamily home
on Lot 7)
Yes
Total 10%
(4 units)
4/40 =
10%
Yes, if the offer of
dedication is accepted

PLANNING COMMISSION AGENDA ITEM NO. E.1
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Neither of these options would need to include the shared housing development the applicant currently proposes. The Planning Commission may wish to discuss these options with the applicant.

The draft resolutions accompanying this item have been framed in terms of the proposed project (which would require the City to accept dedication of the duet on Lot 36). If the Planning Commission desires to make an alternative recommendation, the resolutions will be modified to reflect the Commission’s direction.

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

Under the SDBL, a requested waiver may be denied if:
(1) there are specific, adverse impacts on public health or safety for which there is no feasible method of mitigation or avoidance that would be associated with granting this requested waiver;
(2) there are specific, adverse impacts on public health or safety on any real property listed in the California Register of Historical Resources; or (3) the requested waivers is contrary to state or federal law.

The following table provides a summary of the five waivers requested by the applicant. Staff notes that if the Planning Commission decided to recommend one of the options listed above in lieu of the proposed project, these waivers may need to be adjusted to reflect that.

Table 5: Waivers Requested

PLANNING COMMISSION AGENDA ITEM NO. E.1
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Standard Waiver Requested Analysis
1 Transition Lots:

Lots facing or
abutting existing
residential lots of
one acre or more
have a minimum
size of 20,000
square feet
Elimination of the
transition lot
requirement for lots
along the perimeter of
the project.

Providing 20,000 sf
transition lots would
physically preclude
construction of 6 of the
proposed units. This would
reduce the overall density of
the project as proposed.

Staff recommends granting
this waiver.
2 Lot Width:

Minimum lot width
is 90 feet
Narrowest width of a
duet lot is 40 feet and
would be out of
compliance with the 90
foot lot width
requirement.

Adherence to this standard
would prevent the duet lots
from being constructed in
the proposed layout. Staff
thus recommends granting
this waiver.
3 Lot depth:

Maximum 150
feet.

Waiver of the maximum
lot depth to
accommodate lots #33,
lot #20 and lot #24
The project could not be
constructed at the proposed
density in the proposed layout if
the maximum lot depth
requirements are applied to
these lots. Staff thus
recommends granting this
waiver.
4 Front Setbacks:

Minimum 20 feet
Waiver for the minimum
setback to be 10 feet to
accommodate duet units
and for encroachments
of front porches on 24
detached lots.

Duet lot #11 is proposed
with a 15 foot setback, and
the project could not be
constructed at the proposed
density if the 20-foot
standard is applied to this
lot. Staff thus recommends
granting the requested
waiver as to this lot.

Additionally, there are 24
detached homes that are
proposed with front porches
with a 15 foot setback. The
project can be constructed at
the proposed density even if
it complies with this standard
for the 24 detached homes
without reducing the
requested density or unit
count. Staff therefore
recommends that the

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Standard Waiver Requested Analysis
requested waiver only be
granted as to the duet lots.

A draft condition of approval
is included in Resolution 23-
040 requiring all non-duet
lots to meet the 20’ front
setback standard.
5 Side yards and
rear yards.

Side yard: 12 feet
with an average of
30 Rear Yard:20 feet
Waiver for the duet lots
to be at 0’ side yard and
0’ rear yard.

The project could not be
constructed at the proposed
density if these standards
are required, as construction
of the duet units would be
impossible. Staff thus
recommends granting this
waiver.

VESTING TENTATIVE SUBDIVISION MAP

PLANNING COMMISSION AGENDA ITEM NO. E.1
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The subject site is rectangular in shape and includes two parcels totaling 16.32 acres.

The proposed vesting tentative subdivision map includes 36 residential lots, 34 of which are proposed to be a minimum of 12,000 sf, two duet lots (#11 that would be 6,055 sf and #36 that would be 5,979 sf), a 0.58-acre public park, and three lots would be dedicated to the City for frontage improvements (Parcels A, B, and C). The bioretention proposed for the project would be provided as pervious surface on the private internal road and on the side-yards of each residential lot. This method of bioretnetion is unique but is permitted through the County’s C.3 guidelines, which were adopted by the City. The project would be conditioned to establish a Home Owners Association (HOA) in order to maintain the private roadways and bioretention areas.

In accordance with laws allowing cities to require the dedication of parkland in conjunction with new residential subdivisions, General Plan Policy CSF 2-2 directs the City to “[a]chieve and maintain a minimum overall citywide ratio of 5 acres of park land per 1,000 residents.” The Parks and Recreation Department uses 3.2 as the average number of persons per dwelling unit for this calculation, consistent with the General Plan.

Average Number of Persons/unit (3.2) X .0050 = .0160 acre per unit

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40 units x .0160 acre = .64 acre
Based on this, the project would be required to provide a total of 0.64 acre in land to be dedicated or to pay a fee in-lieu of dedication. The application currently proposes a single parcel totaling 0.58-acre that would be dedicated to the City for park purposes and; therefore, this application would be conditioned to increase the park area by 0.06-acre.

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

Access and Circulation
Site access would be provided by two points along Lone Tree Way. The project’s western entrance will align with Smith Road for a 4-way intersection that is proposed through the City’s Lone Tree Widening (LTW) Capital Improvement Project. LTW includes a traffic signal at this location and therefore the western entrance of the project site would be a signalized intersection. The east project entrance will be right in right out, due to the proposed center median as part of the LTW project. The project’s frontage along the northern portion of Lone Tree Way would be widened as part of the proposed project. This would include widening of roadway, bike lane, street lighting, sidewalk, landscaping, irrigation, median islands and traffic signal, subject to reimbursement and the City’s Development Fee Program and the Project’s fair-share dues . Each residence would include a two-car garage with a 20-foot driveway and street parking would be provided throughout the site. The internal private streets are approximately 36 feet in width and are designed to loop around and connect with Lone Tree Way. Improvements would be constructed within the internal street, including utilities, curb, gutter, and a sidewalk. The subdivision would be oriented in a grid-like pattern similar to most single-family subdivisions, thus creating a fabric of viable and interrelated neighborhoods (Policy LU1-5, LU1-4, Policy CIR 1-2).

PLANNING COMMISSION AGENDA ITEM NO. E.1
12/05/2023
An analysis of the expected vehicle miles traveled (VMT) by the proposed residential development was prepared by Abrams Associates Traffic Engineering, Inc. The proposed development is expected to generate 449 daily vehicle trips, including 38 AM peak hour trips and 39 PM peak hour trips. Based on the existing residential VMT generated by other similar homes surrounding the project location, the project is expected to generate VMT per resident that is at least 15 percent below the Brentwood citywide average. The project would thus result in a less-than-significant impact related to VMT, based on the adopted Contra Costa Transportation Authority thresholds. A detailed discussion of transportation-related impacts associated with the proposed project can be found in the IS/MND.

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

Architecture
The proposed homes are aesthetically cohesive and consistent with design approaches used in the existing neighborhoods and as identified in the City’s 2001

PLANNING COMMISSION AGENDA ITEM NO. E.1
12/05/2023
Residential Design Guidelines that the project was vested under. Three home plans are provided for the 35 single family homes and one for the duet. A summary of the proposed home plans are as follows:

Table 6: Architecture
Plan # Home
Size (SF)
Bed/Bath Garage
Spaces
Stories Maximum
Height*
Plan #1 2,924 4/3 3 1 23’ 4”
Plan #2 3,490 4 with a loft/5th
bedroom option/ 3.5
bath
3 2 28” 10’
Plan #3 8,834 5 with a loft/6th
bedroom option / 4.5
bath
3 2 28’ 10”
Duet Lot
#11
1,950 4/3.5 2 2 27’
Duet Lot
#36
2,165 5/5.5 2 2 27’
*Note: maximum main building height in the R-1-12 zone is 30’ Four distinctive elevation styles are provided for each house plan, which include Spanish, Farmhouse, Craftsman, and French Country. The duet units would be the Farmhouse style. The four elevation styles offered are as follows:

PLANNING COMMISSION AGENDA ITEM NO. E.1
12/05/2023
Plan 1
Plan 2

PLANNING COMMISSION AGENDA ITEM NO. E.1
12/05/2023
Plan 3
Duet Plan
Spanish - The Spanish style incorporates villa tile roofing, hip and gable end roofs, a stucco body, stucco trim, mock tile vents, mock shutters and a roll-up garage doors with window tiles. The Spanish style incorporates entrances onto porches that are typically designated by a single arch feature. All windows are accented with dimensional stucco trim and decorative wooden shutters at the front elevation.

Farmhouse - The Farmhouse styles incorporates flat tile roofing, hip and gable end roofs, stucco body, board and batten, stucco trim, foam corbel and roll-up garage doors with window tiles. The two-story elevations would include the above in addition to simulated brick veneer and wood kicker. The duet unit would incorporate all of these architectural features.

Craftsman - The Craftsman style incorporates flat tile roofing, cable end roofs, stucco body, lap siding, shingle sidings, foam corbels, simulated stone veneer, and roll-up garage doors with window tiles.

PLANNING COMMISSION AGENDA ITEM NO. E.1
12/05/2023
French Country - The French Country incorporates flat tile roofing, gable end roofs, stucco body, board and batten, mock vents, mock shutters, wood column, wood corbels, simulated stone veneer, roll-up garage doors with window tiles.

Residential Design Guidelines
The current Residential Design Guidelines were adopted by the City in 2006 in an effort to articulate the importance of high-quality design that complements and enhances the existing fabric of the community. The guidelines as currently written specifically state that “These may not apply in all individual cases to all housing types, but provide guidance for those elements that most frequently occur regardless of housing type or density.” While the guidelines have helped to articulate the community’s vision in the past, since they were adopted to provide “guidance” and not as development standards they are currently difficult to enforce due to new State laws. The following discussion highlights some of the key Residential Design Guidelines (Chapter 2, Subdivisions) that are objective and apply to the project:

Section 2.6.1 Provide variety in unit plans
 One distinct plan with four distinctive elevations shall be provided for every 25 units.

Thirty-six lots require two floor plans each with four elevations. The applicant is providing three floor plans with four elevations each and 24 color schemes (six options per elevation). The streetscape would be varied by the incorporation of four elevations for each of the three home plans, therefore the project would provide a variety in unit plans and elevations consistent with the Design Review Guidelines.  Twenty-five percent of all units within a subdivision must be single story.

The application proposes 14 single-story units that would be scattered throughout the development, or 38.8% of all units within the development.  Ten percent of all units within a subdivision must have side-loaded garage configuration.

The application proposes 10 units with side-loaded garages that would be scattered throughout the development, or 25.6% of all units within the development.

PLANNING COMMISSION AGENDA ITEM NO. E.1
12/05/2023
Section 2.6.2 Maintain architectural style integrity. Architectural styles shall be clearly articulated and consistent in their proportions and details with the traditional models on which they are based.

Based on the Master Plotting Plan, two identical floor plans are not repeated side-byside facing the same street. The façade massing is broken up with varying elevation styles, rooflines, color schemes, and finished materials. Architectural integrity is maintained in that the architectural style of each elevation type remains consistent with the traditional examples on which the style is based, and the elements evident on the front façades. Articulated front façades and the use of rooflines to differentiate the first and second stories help to reduce building massing. Front elevations use porches and finish materials to emphasize points of entry.

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

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

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

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

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

Landscaping
All existing on-site trees would be removed as part of the proposed project; however, trees would be planted throughout the site along the internal roadway network. In

PLANNING COMMISSION AGENDA ITEM NO. E.1
12/05/2023
addition, a variety of shrubs, groundcover, and grasses would be planted throughout the project site.

The preliminary landscape plan submitted with the application provides typical front yard landscaping. Shade and ornamental trees proposed on the site are 15-gallon size, however the Residential design guidelines requires a minimum of 24-inch boxes, therefore a draft condition of approval included in the draft Design Review resolution requiring the applicant to replace the 15-gallon trees with 24-inch box trees when they submit their landscape plans. A standard condition of approval requires the submittal of detailed landscape and irrigation plans for review and approval prior to issuance of a building permit to ensure compliance with the City’s Water Efficient Landscape Ordinance.

Fencing and Walls
A CMU masonry wall with split-face finish and precast stone cap would be constructed on the southern boundary of the site adjacent to Lone Tree Way. The wall would be eight feet high and the wall plain would be broken up with stone veneer pilasters at ten-foot intervals. These pilasters would project twelve inches from the wall face.

Each property would be provided a six-foot high wood good neighbor fence along side and rear property lines for privacy.

DATE OF NOTICE
As required, the City published a public hearing notice in the Brentwood Press and mailed it to property owners within 300 feet of the site on November 24, 2023, and the project site is posted with the required signage.

On May 24, 2023, the applicant held a neighborhood outreach meeting as a courtesy to the neighbors. The applicant indicated that invitations were sent to the neighbors using a 300 foot radius that was provided to them through their title company. Six residents attended that meeting. The applicant has also indicated that they held a second neighborhood meeting on November 29, 2023. Staff has not received any written comments from the public as of November 30th.

ENVIRONMENTAL DETERMINATION
The City prepared a mitigated negative declaration (SCH# 2023100339) for this project in accordance with the requirements of the California Environmental Quality Act (CEQA, codified at Public Resources Code 21000, et seq., and as further governed by the State CEQA Guidelines, found at 14 CCR 15000, et seq.). Several potentially significant impacts were identified; however, mitigation measures are incorporated to reduce those impacts to less than significant levels. The public review period for the proposed IS/MND began October 13, 2023 and ended November 2, 2023. Staff

PLANNING COMMISSION AGENDA ITEM NO. E.1
12/05/2023
did not receive any comment letters during this public review period. The IS/MND may be reviewed by clicking on the link below and scrolling to “Lone Tree Residential Project:”
https://www.brentwoodca.gov/government/community-development/planning/ceqadocuments

ATTACHMENT(S)

1. Previous Actions

2. Draft Resolution No. 23-038, MND

3. Draft Resolution No 23-039, VTSM

4. Draft Resolution No. 23-040, DR

5. Project Plans

6. Wing Lots Graphic

7. Alternate Preliminary Lotting Plan Exhibit.

OCt 25, 2023

3 2 1 4 19 5
6 7 8 9 10

PARCEL Z
3534
32 33 27 28 30 31 29 25 26
24 23
2221
20 18 17 16 15 14 13 12
Parcel Z shall be reserved
for park dedication if
accepted by the City. If not
accepted by the City, project
shall satisfy park dedication
requirements by payment of
fees-in-lieu in accordance
with applicable Brentwood
Municipal code.
11 36
P1

PROPOSED PLANTS

SYMBOL BOTANICAL/ COMMON NAME
TREES

DIETES VEGETA/ FORTNIGHT LILYLAVANDULA ANGUSTIFOLIA/ ENGLISH LAVENDER

CALLISTEMON 'LITTLE JOHN'/ DWARF BOTTLEBRUSH

GREVILLEA X 'NOELLII'/ NOELL GREVILLEA

XYLOSMA CONGESTUM 'COMPACTA'/ COMPACT XYLOSMA
15 GALLON CONTAINERS
1 GALLON CONTAINERS

ROSMARINUS OFFICINALIS 'TUSCAN BLUE'/ ROSEMARY

NANDINA 'GULF STREAM'/ HEAVENLY BAMBOO

LANTANA MONTEVIDENSIS/ TRAILING LANTANA
5 GALLON CONTAINERS

PISTACIA CHINENSIS/ CHINESE PISTACHE
50'
100'
0'
SCALE: 1"=50'-0"
25'

CERCIS CANADENSIS/ EASTERN REDBUD
LONE TREE WAY 7590 & 7650

CITY OF BRENTWOOD, CALIFORNIA
TOTAL
SHEET
OF
C:\Users\Michael\appdata\local\temp\AcPublish_3472\EXH_Lonetree_Way_Prelim.dwg Oct 05, 2023-09:18 am 3 OCTOBER 5, 2023 M I C HA E L S HUL A R , No . 4 8 9 8 Date Renewal Date L I C ENS ED L ANDS C A P E A RC H I T EC T Exp. 05.31.25 Signature AI RN FO OF C AL I E T AT S 306 Canyon Falls Dr. Folsom, CA 95630 www.msladesign.com LANDSCAPE ARCHITECTURE, Inc. 916.989.3372

PRUNUS 'KRAUTER VESUVIUS'/ FLOWERING PLUM

MAGNOLIA GRANDIFLORIA/ SOUTHERN MAGNOLIA

ACER RUBRUM/ RED MAPLE

LONE TREE WAY

STREET TREES

ACCENT ENTRY
TREES

FRONT YARD
TREES DRIVEWAYS, TYP.
(PERVIOUS PAVERS)
DRIVEWAYS, TYP.
(PERVIOUS PAVERS)

STREET ROW

PRELIMINARY LANDSCAPE PLAN

LAGERSTROEMIA DYNAMITE/ CRAPE MYRTLE

SYMBOL BOTANICAL/ COMMON NAMESHRUBS

MEANDERING SIDEWALK
PARCEL Z NOTES:1. STREETSCAPE, WALL, AND MONUMENT AT PARCEL Z SHOWN

ON THESE PLANS MAY NOT APPLY IF CITY ACCEPTS PARCEL Z
AS A PARK PARCEL.

2. PARCEL Z WILL BE DEDICATED TO THE CITY TO MEET THE
APPLICANT'S PARK LAND DEDICATION REQUIREMENT.

SHOULD THE CITY REJECT THIS DEDICATION, SAID PARCEL
WILL BE RETAINED BY THE APPLICANT AS A RESIDENTIAL LOT.

P2
LONE TREE WAY 7590 & 7650

CITY OF BRENTWOOD, CALIFORNIA
TOTAL
SHEET
OF
C:\Users\Michael\appdata\local\temp\AcPublish_3472\EXH_Lonetree_Way_Prelim.dwg Oct 05, 2023-09:18 am 3 OCTOBER 5, 2023 M I C HA E L S HUL A R , No . 4 8 9 8 Date Renewal Date L I C ENS ED L ANDS C A P E A RC H I T EC T Exp. 05.31.25 Signature AI RN FO OF C AL I E T AT S 306 Canyon Falls Dr. Folsom, CA 95630 www.msladesign.com LANDSCAPE ARCHITECTURE, Inc. 916.989.3372 TYPICAL FRONT YARD PLANTNGS

DIETES VEGETA/ FORTNIGHT LILYLAVANDULA ANGUSTIFOLIA/ ENGLISH LAVENDER

CALLISTEMON 'LITTLE JOHN'/ DWARF BOTTLEBRUSH

GREVILLEA X 'NOELLII'/ NOELL GREVILLEA

XYLOSMA CONGESTUM 'COMPACTA'/ COMPACT XYLOSMA

SYMBOL BOTANICAL/ COMMON NAME
SHRUBS
1 GALLON CONTAINERS

ROSMARINUS OFFICINALIS 'TUSCAN BLUE'/ ROSEMARYNANDINA 'GULF STREAM'/ HEAVENLY BAMBOOLANTANA MONTEVIDENSIS/ TRAILING LANTANA 5 GALLON CONTAINERS
YARD GATE, TYP.

TYPICAL LOT LAYOUT
NTS

SIDEWALK CONCRETE WALK PERVIOUS PAVER DRIVEWAY

TREES PER PLAN

TREES PER PLAN

MUHLENBERGIA RIGENS/ DEER GRASS
1 GALLON CONTAINERS

COREOPSIS VERTICILLATA 'MOONBEAM'/ TICKSEED SELF-RETAINING AREA

SELF RETAINING AREA
LAWN

PLANTER AREAS

SHRUB PLANTINGS

CAREX TUMULICOLA/ BERKELEY SEDGE

ECHINACEA 'PURPLE'/ CONEFLOWER

PROPOSED PLANTS

SYMBOL BOTANICAL/ COMMON NAME
TREES
15 GALLON CONTAINERS

PISTACIA CHINENSIS/ CHINESE PISTACHECERCIS CANADENSIS/ EASTERN REDBUDPRUNUS 'KRAUTER VESUVIUS'/ FLOWERING PLUM

MAGNOLIA GRANDIFLORIA/ SOUTHERN MAGNOLIA

ACER RUBRUM/ RED MAPLELAGERSTROEMIA DYNAMITE/ CRAPE MYRTLE

SYMBOL BOTANICAL/ COMMON NAME

SELF RETAINING AREAS
NOTE: SHRUB PLANTING SPECIES AND QUANTITY TO VARY BETWEEN LOTS.

YARD FENCING
HINGE,
TYP.

HOUSE
WALL
2"x4" BRACE
BOARD
(TOP AND

BOTTOM OF
GATE)
WOOD
FENCE
BOARDS
4"x6" PRESSURE

TREATED DOUG

FIR WOOD POST
(TYP.)
LATCH
2"x4" DIAGONAL

BRACE BOARD
48"

WOOD FENCE AND GATE
NTS
6'
2 3/8" SCH 20 GALV. STEEL
POSTS
8' O.C. TYP.

3 2 1 4 19 5
6 7 8 9 10

PARCEL Z
3534
32 33 27 28 30 31 29 25 26
24 23
2221
20 18 17 16 15 14 13 12
Parcel Z shall be reserved
for park dedication if
accepted by the City. If not
accepted by the City, project
shall satisfy park dedication
requirements by payment of
fees-in-lieu in accordance
with applicable Brentwood
Municipal code.
11 36

PROJECT NAME
P3
50'
100'
0'
SCALE: 1"=50'-0"
25'
LONE TREE WAY 7590 & 7650

CITY OF BRENTWOOD, CALIFORNIA
TOTAL
SHEET
OF
C:\Users\Michael\appdata\local\temp\AcPublish_3472\EXH_Lonetree_Way_Prelim.dwg Oct 05, 2023-09:18 am 3 OCTOBER 5, 2023 M I C HA E L S HUL A R , No . 4 8 9 8 Date Renewal Date L I C ENS ED L ANDS C A P E A RC H I T EC T Exp. 05.31.25 Signature AI RN FO OF C AL I E T AT S 306 Canyon Falls Dr. Folsom, CA 95630 www.msladesign.com LANDSCAPE ARCHITECTURE, Inc. 916.989.3372 LONE TREE WAY YARD FENCING, TYP.

YARD FENCING,TYP.

MASONRY SOUNDWALL

AND DECORATIVE

PILASTERS

PRELIMINARY FENCING AND WALL PLAN

MASONRY WALL SCHEMATIC (CONCEPTUAL)
NTS

CMU BLOCK PILASTER WITH
SPLIT-FACE FINISH AND PRECASTSTONE CAP.

BASALITE REGAL WALL CAP
(CONTINUOUS BETWEEN PILASTERS).

BASALITE REGAL

WALL CAP
(CONTINUOUSBETWEENPILASTERS)
8x8x16 CMU MASONRY BLOCK WITH

SPLIT-FACE FINISH

DECORATIVE CONCRETE PILASTER CAP

DECORATIVE

CONCRETE

PILASTER CAP
8x8x16 CMU

MASONRY BLOCK

WITH SPLIT-FACE
FINISH

ELEVATION

SECTION

PRECAST CONCRETE CAP RAISED

LETTERING

ENTRY MONUMENT SCHEMATIC

STONE VENEER

PILASTER

ELEVATION

ENTRY SIGN WALLS AND

DECORATIVE PILASTERS

WITH STONE VENEER
NTS

BRENTWOOD, CA NOVEMBER 6, 2023

LONE TREE WAY

MASTER PLOTTING PLAN
1 SINGLE
STORY
2 TWO
STORY
3 TWO
STORY
14 38%
COUNT

PERCENT
PLAN#
GRAND TOTAL HOMES: 36
TOTAL PERCENT: 100.0%
10 28%
10 28%

DISTRIBUTION TABLE

CITY OF BRENTWOOD
R1-12 ZONING

GENERAL STANDARDS
BUILDING SETBACKS:

FRONT 20 FEET
REAR 20 FEET
SIDE YARD 12 FEET
MIN AGGREGATE 30 FEET
CORNER SIDE 10 FEET
LOT DEPTH 150' MAX
LOT WIDTH 90 FEET
LOT SIZE 12,000 SF MIN

CATCHINGS CATCHINGS CATCHINGS
2,924 SF 3,490 SF 3,834 SF 7590 & 7650 LONE TREE WAY
4 DUETS
2,000
2 6%
*SETBACKS, N/A FOR DUETS

AFFORDABLE HOUSING (PRELIMINARY)
J = JADU (RENT), 4, LOW-INCOME
S = SF-DETACHED (RENT/SALE), 1, MODERATE
D = DUET (RENT/SALE), 1, MODERATE
D = DUET (RENT), 1, VERY-LOW
SF

Front Elevations Elevation A - Spanish Elevation B - Farmhouse Date 06/30/2022 DISCOVERY DESIGN GROUP BRENTWOOD, CA LONE TREE WAY Plan 1 Seecon Financial & Construction Co., Inc. 7590 & 7650 Page 211 of 351 Front Elevations Date 06/30/2022 DISCOVERY DESIGN GROUP BRENTWOOD, CA LONE TREE WAY Plan 1 Seecon Financial & Construction Co., Inc. 7590 & 7650 Elevation C - Craftsman Elevation D - French Country Page 212 of 351 City of Brentwood Plan 1 Site Plan

DISCOVERYDESIGN
GROUP BRENTWOOD, CA LONE TREE WAY Date 03/25/2022 Seecon Financial & Construction Co., Inc. 7590 & 7650 Page 213 of 351 Date 03/25/2022

DISCOVERY
DESIGN
GROUP

BRENTWOOD, CA

LONE TREE WAY
Seecon Financial & Construction Co., Inc.
7590 & 7650
Plan 1
First Floor Plan

Roof Plan 'A' Right Rear Left Plan 1 Elevations - 'A' DISCOVERY DESIGN GROUP BRENTWOOD, CA LONE TREE WAY Date 06/30/2022 Seecon Financial & Construction Co., Inc. 7590 & 7650 Page 215 of 351 Roof Plan 'B' Right Rear Left Plan 1 Elevations - 'B' DISCOVERY DESIGN GROUP BRENTWOOD, CA LONE TREE WAY Date 06/30/2022 Seecon Financial & Construction Co., Inc. 7590 & 7650 Page 216 of 351 Roof Plan 'C' Right Rear Left Plan 1 Elevations - 'C' DISCOVERY DESIGN GROUP BRENTWOOD, CA LONE TREE WAY Date 06/30/2022 Seecon Financial & Construction Co., Inc. 7590 & 7650 Page 217 of 351 Roof Plan 'D' Right Rear Left Plan 1 Elevations - 'D' DISCOVERY DESIGN GROUP BRENTWOOD, CA LONE TREE WAY Date 06/30/2022 Seecon Financial & Construction Co., Inc. 7590 & 7650 Page 218 of 351 Elevation A - Spanish
Elevation B - Farmhouse

DISCOVERY
DESIGN
GROUP

BRENTWOOD, CA

LONE TREE WAY
Front Elevations
Date 06/30/2022
Plan 2
Seecon Financial & Construction Co., Inc.
7590 & 7650

Elevation C - Craftsman
Elevation D - French Country

DISCOVERY
DESIGN
GROUP

BRENTWOOD, CA

LONE TREE WAY
Front Elevations
Date 06/30/2022
Plan 2
Seecon Financial & Construction Co., Inc.
7590 & 7650

City of Brentwood

DISCOVERY
DESIGN
GROUP

BRENTWOOD, CA

LONE TREE WAY
Plan 2
Site Plan
Date 03/25/2022
Seecon Financial & Construction Co., Inc.
7590 & 7650

DISCOVERY DESIGN GROUP BRENTWOOD, CA LONE TREE WAY Date 01/27/2023 Seecon Financial & Construction Co., Inc. 7590 & 7650 Plan 2 First Floor Plan Optional ADU Page 222 of 351 DISCOVERY DESIGN GROUP BRENTWOOD, CA LONE TREE WAY Date 03/25/2022 Seecon Financial & Construction Co., Inc. 7590 & 7650 Plan 2 Second Floor PlanPage 223 of 351 Roof Plan 'A' Right Rear Left Plan 2 Elevations - 'A' DISCOVERY DESIGN GROUP BRENTWOOD, CA LONE TREE WAY Date 06/30/2022 Seecon Financial & Construction Co., Inc. 7590 & 7650 Page 224 of 351 Roof Plan 'B' Plan 2 Elevations - 'B' Right Rear Left DISCOVERY DESIGN GROUP BRENTWOOD, CA LONE TREE WAY Date 06/30/2022 Seecon Financial & Construction Co., Inc. 7590 & 7650 Page 225 of 351 Roof Plan 'C' Plan 2 Elevations - 'C' Right Rear Left DISCOVERY DESIGN GROUP BRENTWOOD, CA LONE TREE WAY Date 06/30/2022 Seecon Financial & Construction Co., Inc. 7590 & 7650 Page 226 of 351 Roof Plan 'D' Plan 2 Elevations - 'D' Right Rear Left DISCOVERY DESIGN GROUP BRENTWOOD, CA LONE TREE WAY Date 06/30/2022 Seecon Financial & Construction Co., Inc. 7590 & 7650 Page 227 of 351 Elevation A - Spanish
Elevation B - Farmhouse

DISCOVERY
DESIGN
GROUP

BRENTWOOD, CA

LONE TREE WAY
Front Elevations
Date 06/30/2022
Plan 3
Seecon Financial & Construction Co., Inc.
7590 & 7650

Elevation C - Craftsman
Elevation D - French Country

DISCOVERY
DESIGN
GROUP

BRENTWOOD, CA

LONE TREE WAY
Front Elevations
Date 06/30/2022
Plan 3
Seecon Financial & Construction Co., Inc.
7590 & 7650

City of Brentwood Plan 3 Site Plan

DISCOVERYDESIGN
GROUP BRENTWOOD, CA LONE TREE WAY Date 03/25/2022 Seecon Financial & Construction Co., Inc. 7590 & 7650 Page 230 of 351 DISCOVERY DESIGN GROUP BRENTWOOD, CA LONE TREE WAY Date 01/27/2023 Seecon Financial & Construction Co., Inc. 7590 & 7650 Plan 3 First Floor Plan Optional ADU Page 231 of 351 DISCOVERY DESIGN GROUP BRENTWOOD, CA LONE TREE WAY Date 03/25/2022 Seecon Financial & Construction Co., Inc. 7590 & 7650 Plan 3 Second Floor PlanPage 232 of 351 Roof Plan 'A' Right Rear Left Plan 3 Elevations - 'A' DISCOVERY DESIGN GROUP BRENTWOOD, CA LONE TREE WAY Date 06/30/2022 Seecon Financial & Construction Co., Inc. 7590 & 7650 Page 233 of 351 Roof Plan 'B' Plan 3 Elevations - 'B' Right Rear Left DISCOVERY DESIGN GROUP BRENTWOOD, CA LONE TREE WAY Date 06/30/2022 Seecon Financial & Construction Co., Inc. 7590 & 7650 Page 234 of 351 Roof Plan 'C' Plan 3 Elevations - 'C' Right Rear Left DISCOVERY DESIGN GROUP BRENTWOOD, CA LONE TREE WAY Date 06/30/2022 Seecon Financial & Construction Co., Inc. 7590 & 7650 Page 235 of 351 Roof Plan 'D' Plan 3 Elevations - 'D' Right Rear Left DISCOVERY DESIGN GROUP BRENTWOOD, CA LONE TREE WAY Date 06/30/2022 Seecon Financial & Construction Co., Inc. 7590 & 7650 Page 236 of 351 LONE TREE DUETS #3123-01-RS23
13 NOV 2023
2 CONCEPTUAL ELEVATIONS

PLAN B ELEVATION -

FARMHOUSE STYLE

PLAN A ELEVATION -

FARMHOUSE STYLE

LONE TREE DUETS CONCEPTUAL SITE PLAN & PLANS #3123-01-RS23 13 NOV 2023
3 1/8” = 1’-0” (12X18 SHEET)
0 2 4 8
1/4” = 1’-0” (24X36 SHEET)
0'-0” FF

GROUND FLOOR
0'-0” FF

GROUND FLOOR
10'-7” FF

SECOND FLOOR
10'-7” FF

SECOND FLOOR
19'-8” FF

SECOND FLOOR PLATE HEIGHT
19'-8” FF

SECOND FLOOR PLATE HEIGHT
9'-1” FF

FIRST FLOOR PLATE HEIGHT
9'-1” FF

FIRST FLOOR PLATE HEIGHT
27’-0”

MAX PROPOSED HEIGHT
27’-0”

MAX PROPOSED HEIGHT

PLAN A - SIDE ELEVATION

PLAN B - SIDE ELEVATION

PLAN B - REAR ELEVATION

PLAN A - REAR ELEVATION

LONE TREE DUETS CONCEPTUAL SITE PLAN & PLANS #3123-01-RS23 13 NOV 2023
1 1/16” = 1’-0” (12X18 SHEET)
0 4 8 16
1/8” = 1’-0” (24X36 SHEET)
GARAGE
20’0”X25’0”
GARAGE
20’0”X25’0”

PRIMARY
15’0”X14’6”
BEDRM. 2
10’5”X9’7”
BEDRM. 2
10’0”X11’10”
BEDRM. 1
10’0”X10’2”
BEDRM. 3
10’0”X10’5”
BEDRM. 3
11’4”X10’2”
BEDRM. 4
10’2”X10’5”
BEDRM. 4
10’0”X11’0”
BEDRM. 5
10’10”X10’0”

KITCHEN
11’7”X14’6”

KITCHEN
11’6”X13’0”
LIVING
14’0”X15’0”
PLAN A

GROUND FLOOR

PROJECT STATS
PLAN A
4 BEDROOM, 3.5 BATH
TOTAL LIVING 1,950 SQFT
2 CAR GARAGE 500 SQFT
PORCH 60 SQFT
GROUND FLOOR 990 SQFT
SECOND FLOOR 960 SQFT
PLAN B
5 BEDROOM, 5.5 BATH
TOTAL LIVING 2,165 SQFT
2 CAR GARAGE 500 SQFT
PORCH 60 SQFT
GROUND FLOOR 1,315 SQFT
SECOND FLOOR 750 SQFT
PLAN A

SECOND FLOOR
PLAN B

GROUND FLOOR
PLAN B

SECOND FLOOR
LIVING
15’4”X12’10”
DINING
9’0”X14’0”
DINING
9’0”X13’0”

KITCHENETTE

KITCHENETTE
DN
15R.

DN
15R.

WIC
TECH
LIN.

UP
15R.

UP
15R.

PATIO/YARD
PORCH
ENTRY
ENTRY
PORCH
BATH
BATH
PD.

BATH
P.BATH
LAU.

TRASH/

STORAGE
TRASH/

STORAGE

DRIVEWAY

DRIVEWAY

PLAN A YARD

PLAN B YARD

ROOF BELOW ROOF BELOW KITCHENETTE

KITCHENETTE

KITCHENETTE

BRENTWOOD, CA DECEMBER 11, 2023

LONE TREE WAY
1 SINGLE
STORY
2 TWO
STORY
3 TWO
STORY
14 38%
COUNT

PERCENT
PLAN#
GRAND TOTAL HOMES: 37
TOTAL PERCENT: 100.0%
10 27%
9 24%

DISTRIBUTION TABLE

CITY OF BRENTWOOD
R1-12 ZONING

GENERAL STANDARDS
BUILDING SETBACKS:

FRONT 20 FEET
REAR 20 FEET
SIDE YARD 12 FEET
MIN AGGREGATE 30 FEET
CORNER SIDE 10 FEET
LOT DEPTH 150' MAX
LOT WIDTH 90 FEET
LOT SIZE 12,000 SF MIN

CATCHINGS CATCHINGS CATCHINGS
2,924 SF 3,490 SF 3,834 SF 7590 & 7650 LONE TREE WAY
4 DUETS
2,000
4 11%
*SETBACKS, N/A FOR DUETS

AFFORDABLE HOUSING (PRELIMINARY)
J = JADU (RENT), 4 LOW-INCOME
D = DUET (RENT/SALE) SF
1 MODERATE, 1 LOW
2 VERY-LOW

From: Contreras, Miguel
To: "Leeanne Alfaro"
Subject: RE: 7590 & 7650 Lone Tree Way
Date: Wednesday, December 6, 2023 2:47:00 PM
Leeanne,
Thank you for your response, I will retain your comments below and have them be part of the submitted comments for Council I'm also glad to hear that you plan on attending the CC meeting on this item. Right now, tentatively, it is looking like it will be reviewed by council during their Jan 23, 2024, meeting. But you are welcome to check back with me during the 1st week of Jan to confirm. Also, you should receive a letter in the mail 10 days prior to the hearing.

MC
-----Original Message-----
From: Leeanne Alfaro <[email protected]>
Sent: Wednesday, December 6, 2023 2:27 PM
To: Contreras, Miguel <[email protected]>
Subject: Re: 7590 & 7650 Lone Tree Way
CAUTION – EXTERNAL SENDER
Miguel,
Thanks for your timely response.

My biggest comments/concerns are:

1. The two story houses bordering our property (there are two of them).

2. And including a masonry wall along the perimeter of the project for privacy. We would like to see a 10 foot masonry wall installed along the entirety of the project (or at least along our property line).

I think that most of the neighbors would agree that the project is welcome, but feels like we are loosing a lot of privacy without a wall being in place and with over 60% of the homes being two stories.

Please let me know if there is anything else that I need to do to make my voice heard. I plan to attend the city council meeting as well. Is there a scheduled date for that yet? Thank you,
Leeanne Alfaro
(925)783-0976
> On Dec 6, 2023, at 1:09 PM, Contreras, Miguel <[email protected]> wrote:
>
> Leeanne,
>
> Thank you for reaching out and thank you for your participation last night at the meeting. To answer your question, yes this project will be going to City Council for final approval. You are welcome to submit comments/concerns to me before the meeting, you are also welcome to participate during the meeting (in person or zoom). Let me know if you have further questions.

>
> Miguel
>
> -----Original Message-----
> From: Leeanne Alfaro <[email protected]>
> Sent: Tuesday, December 5, 2023 10:52 PM
> To: Contreras, Miguel <[email protected]>
> Subject: 7590 & 7650 Lone Tree Way
>
> CAUTION – EXTERNAL SENDER
>
>
> Hi Miguel,
>
>
> My name is Leeanne Alfaro. My husband and I own the property to the East of this project. >
> I attended the meeting tonight, and I am disappointed with the comission's decision not to do a masonry wall along the entirety of the perimeter of this project. I think other neighbors will feel the same. >
> Will city council also be reviewing this project?
>
>
> Thank you!
>
> Leeanne Alfaro
>

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

AFFORDABLE HOUSING
Sections:

17.725.001 Title and purpose of provisions.

17.725.002 Definitions.

17.725.003 General requirements.

17.725.004 Alternative equivalent proposal.

17.725.005 Implementation procedures.

17.725.006 Affordable unit concessions and construction incentives.

17.725.007 Affordable housing in lieu fee fund.

17.725.008 Brentwood rental housing trust fund.

17.725.009 First time homebuyer fund.

17.725.010 Enforcement.

17.725.011 Waiver.

17.725.001 Title and purpose of provisions.

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

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

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

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

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

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

17.725.002 Definitions.

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

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

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

Quality Code Data 4/22/2021, Page 1313
housing, mobilehomes, and residential land subdivisions intended to be sold, leased or rented to the general public.
“Very low-income household” means a household whose annual income does not exceed the qualifying limits set for “very low-income households” in Sections 50093 and 50105 of the California Health and Safety Code. “Very low-income households” include “extremely low-income households” as defined in Sections 50093 and 50106 of the California Health and Safety Code. (Ord. 1014 § 1, 2020)

17.725.002

17.725.003 General requirements.

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

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

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

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

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

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

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

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

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

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

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

Quality Code Data 4/22/2021, Page 1314

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

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

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

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

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

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

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

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

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

Quality Code Data 4/22/2021, Page 1315
overall construction quality, as well as number and proportion of bedroom types. If approved by the planning commission in the design review approval process as specified in Section 17.725.006(D),the developer may request an exception to the foregoing in order to reduce the cost of the affordable units by permitting reduced front, side and backyard landscaping and smaller square footage for bedrooms. Otherwise, affordable units shall be comparable to the approved landscape plans, exterior elevations, and bedroom square footage found in the approved plans for the remainder of the residential development. In addition, all affordable units shall include the same or similar interior amenities offered for market-rate units within a residential development. Affordable units shall be dispersed throughout the residential development so as to prevent the concentration of affordable units, unless the planning commission has approved an exception to this standard to accommodate senior housing or to reduce affordable unit costs as described above, or approval of an offsite location has been granted.

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

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

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

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

17.725.003

17.725.004 Alternative equivalent proposal.

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

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

Quality Code Data 4/22/2021, Page 1316
A. Approval of Payment of In-Lieu Fees. In-lieu fees may be paid for: (1) residential developments consisting of between five and nine dwelling units; or (2) the very low-income requirement for a residential development consisting of ten or more dwelling units. The amount of the in-lieu fee shall be adopted by resolution of the city council, and may be amended from time to time.

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

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

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

Quality Code Data 4/22/2021, Page 1317

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

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

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

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

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

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

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

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

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

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

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

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

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

Quality Code Data 4/22/2021, Page 1318
off-site affordable units be governed by resale controls and/or rent restrictions similar to those required for on-site affordable units.
d. The quality and quantity of affordable units constructed off site and market-rate units converted to affordable units shall be equivalent to affordable units that would have been constructed on site to satisfy the city’s affordable housing requirement.

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

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

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

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

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

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

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

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

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

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

Quality Code Data 4/22/2021, Page 1319

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

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

17.725.004

17.725.005 Implementation procedures.

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

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

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

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

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

E. City’s Right of Option to Purchase Affordable Ownership Units. The resale restrictions as set forth in the refinance and resale limitation agreement shall provide that in the event the owner cannot in good faith and despite his/her best reasonable efforts, locate an eligible household to purchase an affordable ownPage 257 of 351 Quality Code Data 4/22/2021, Page 1320
ership unit at an affordable housing cost, the owner shall give written notice of such circumstances, and an option to purchase, to the city. The city shall also have an option to purchase the affordable unit at the maximum resale price, as limited by any applicable affordability restrictions, if the owner defaults on the terms of the refinance and resale limitation agreement.

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

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

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

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

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

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

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

17.725.005

17.725.006 Affordable unit concessions and construction incentives.

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

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

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

Quality Code Data 4/22/2021, Page 1321
deferred development impact fees be paid later than occupancy of any of the units in the residential development. In no case shall fees be waived.

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

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

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

1. Reduced lot sizes;

2. Reduced setback requirements;

3. Reduced open space requirements;

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

5. Reduced landscaping requirements;

6. Reduced parking requirements;

7. Height restriction waivers.

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

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

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

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

17.725.003 of this code.

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

17.725.006

Quality Code Data 4/22/2021, Page 1322

17.725.007 Affordable housing in lieu fee fund.

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

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

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

17.725.007

17.725.008 Brentwood rental housing trust fund.

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

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

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

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

17.725.009 First time homebuyer fund.

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

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

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

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

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

17.725.010 Enforcement.

A. General. The city shall enforce this chapter, and its provisions shall be binding on all agents, successors, and assigns of an applicant. The city may suspend or revoke any building permit or approval upon finding a violation of any provision of this chapter. No land use approval, building permit, or occupancy apPage 260 of 351 Quality Code Data 4/22/2021, Page 1323
proval shall be granted for any residential development unless it is in compliance herewith, including, but not limited to, actions to revoke, deny, or suspend any permit or development approval.

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

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

17.725.010

17.725.011 Waiver.

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

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

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

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

560 Mission Street, Suite 1900 | San Francisco, CA 94105 | T 415.743.6900 | F 415.743.6910 Holland & Knight LLP | www.hklaw.com
Chelsea Maclean
+1 415-743-6979
[email protected]
Memorandum
January 22, 2023
Atlanta | Austin | Birmingham | Boston | Century City | Charlotte | Chattanooga | Chicago | Dallas | Denver | Fort Lauderdale Houston | Jacksonville | Los Angeles | Miami | Nashville | Newport Beach | New York | Orlando | Philadelphia Portland | Richmond | San Francisco | Stamford | Tallahassee | Tampa | Tysons | Washington, D.C. | West Palm Beach To: Jackie Seeno, Seecon Financial & Construction Co., Inc.

From: Chelsea Maclean, Holland & Knight
Re: Lone Tree Way Project – City Council Agenda Item No. F I. Introduction
In response to your request, on behalf of Seecon Financial & Construction Co., Inc. (“Applicant”), we reviewed the City Council staff report for Applicant’s proposed residential project located at 7590/7650 Lone Tree Way (APN 018-060-006/007), to be considered by the City Council on January 23, 2024 as Item No. F1. Specifically, we identified certain rights and protections afforded under the Housing Accountability Act (“HAA”)1
, the State Density Bonus Law (“SDBL”)2, and
other state laws, as well as other clarifications in the spirit of collaboration.

II. Summary
As discussed in further detail below, we understand the project as proposed by Applicant includes 34 single family-detached homes plus 2 duet homes (including one duet with 5 shared units, and with both duet homes being affordable). The Planning Commission recommended a modified plan with 33 single family-detached homes plus 4 duet homes (where all duets are affordable). In this extremely challenging economic climate for residential development, we understand that the Planning Commission’s version is not economically viable for Applicant as it reduces 1 single family market rate unit, but adds 2 more affordable units. Since the Applicant’s proposed project is protected by the HAA and SDBL, it would not be permissible for the City Council to require the Planning Commission version of the project since the requisite findings to deny or make the project infeasible have not been made. We understand that you, as the Applicant, continue to request approvals for the originally proposed project. However, in the spirit of collaboration, Applicant has identified an alternative site plan that includes 36 single family detached homes plus 1 Govt. Code § 65589.5. 2 Govt. Code § 65915. We understand that the City’s SDBL ordinance is not currently in compliance with the SDBL. In preparing this memo, we relied on the State’s SDBL in project planning and in our analysis herein.

2 4 duet homes (again, all duet units would be affordable). In order to provide 4 affordable units, 36 single family market rate units are needed to support the affordable units.

We have addressed other clarifications below as well. The following provides more detail.

III. Request for Approval of Applicant’s Proposed Project As discussed in the City Council staff report for the upcoming hearing on January 23, 2024 (“City Council staff report”), Applicant submitted applications VTSM 9597 and DR 22-005. The Applicant requests that the City approve a residential subdivision consisting of 34 single family homes and a set of duet units; totaling 36 single family homes on 36 lots. One of the duet units is proposed to include 5 shared housing units and to be dedicated to the City. As stated in the City Council staff report, the shared housing is “allowed through the SDBL.”3 This project is referred to herein as the “Proposed Project,” and shown in Exhibit A.

There is on-going discussion regarding the Zoning Code compliance of the units that are planned to be dedicated. As we have discussed (Applicant), our position is that the Zoning Code grants credit for two affordable units for each dedicated unit and that the Proposed Project is therefore in compliance with the affordable housing obligation. The Zoning Code provides that “a residential developer may propose one of the alternative equivalents set forth below to meet the requirements of Section 17.725.003.”4 One of the options that an applicant is provided is to dedicate affordable units to the City. That section is copied verbatim below5 :

D. Dedication of Affordable Units to the City of Brentwood. An applicant may dedicate constructed or converted on-site or off-site affordable units to the city’s rental housing program to satisfy the requirements of this chapter. Mobile homes and units within cooperative developments are excluded from dedication. Each unit dedicated to the city shall equate to the construction of two affordable units that would otherwise be required pursuant to Section 17.725.003(D). Income from these affordable rental units shall be deposited into a Brentwood rental housing trust fund administered by the city’s finance director in accordance with Section 17.725.008. [Emphasis added] As shown in emphasis above, it is the applicant’s option to choose this selection. Where the applicant chooses to do so, the Zoning Code states that such unit “shall” equate to the construction of two affordable units. The City Council staff report says that “[i]n the event the City accepts such an offer of dedication, ‘each unit dedicated to the City shall equate to the construction of two affordable units that would otherwise be required.’” However, the Zoning Code does not include the underlined language. As such, the Zoning Code, as currently written, grants the applicant the option to dedicate a unit and the mandatory right to receive credit for each dedicated unit. The Zoning Code does not expressly provide the City the option to accept or not. Also, Zoning Code 3 City Council staff report, p. 3; Govt. Code § 65915 4 Zoning Code §17.725.004 (emphasis added). 5 Zoning Code §17.725.004(D) (emphasis added).

3 Section 17.725.005 (Implementation Procedures) contains no special procedures for dedicated units as a method for meeting the City’s affordable housing requirements.

Applicant has worked very hard to develop a program based on the published Zoning Code. Based on these efforts and in compliance with the published Zoning Code and other State laws, the Proposed Project is consistent with objective standards and therefore protected pursuant to the HAA.
6 As such, it may be denied or conditioned only where certain narrow findings are made.7 Moreover, since the Proposed Project includes twenty percent of its units as low income units (consisting of 10 lower income units), it is further protected by an additional provision of the HAA requiring even more stringent findings for denial.
8 IV. The Version of the Project Recommended by the Planning Commission is Not Economically Feasible and, Therefore, Impermissible
The City Council staff report recognizes that the version of the project recommended by the Planning Commission may not be required and may proceed only “if the applicant agrees to” the modifications.9 The modification recommended by the Planning Commission eliminates the shared housing unit and includes an additional set of duet units, instead of one set of duets. The Planning Commission’s proposal results in 37 lots, 33 of which are single family units and 4 are duet units (with all duet units being affordable). This is referred to herein as the “Planning Commission Project.”
Following the Planning Commission hearing, Applicant evaluated the Planning Commission Project proposal and determined after thorough review that it is not economically viable for several reasons. I understand that Applicant’s review included factors such as: the extremely challenging residential market given homebuyer interest rates, rising costs of building materials, labor, builders insurance, and almost every other component large or small that is a part of buying, planning, developing, building, and selling a residential community at this point in time. As compared to the Proposed Project, the loss of one (1) market rate single family lot and the addition of two more affordable duet units makes the project financially infeasible acting as an effective denial. Without 6 Govt. Code § 65589.5(j). 7 Generally, these findings are that the housing development project would have a specific, adverse impact upon the public health or safety and that there is no way to mitigate the impact. (Govt. Code. § 65589.5(j)(1)). 8 A project with cities 20% low-income units may deny a project only if one of the following conditions are met: (1) the city has a “substantially compliant” housing element and has “met or exceeded” its share of regional housing need for the types of housing the project would provide; (2) The project would have “a significant, quantifiable, direct, and unavoidable impact” on public health or safety; (3) The project violates a “specific state or federal law” and there is “no feasible method” to comply without rendering the project “unaffordable to low- and moderateincome households”; (4) The project site is zoned for agricultural or resource preservation or lacks adequate water or wastewater service; (5) The project is inconsistent with the city’s zoning and the land-use designation of its general plan (as of the date the application was deemed complete), and the city “has adopted a revised housing element in accordance with [statutory deadlines] that is in substantial compliance with this article.” (Govt. Code § 65589.5(d)(5).) Notably, since Brentwood has not adopted a substantially compliant Housing Element (based on the HCD compliance tracker) denial based on inconsistency with the General Plan or Zoning is not a permissible basis at this time.
9 City Council staff report, p. 3.

4 the requisite findings under the HAA, approving the Planning Commission Project and denying the Proposed Project would be impermissible.

V. Alternative Project Proposed In Applicant’s Historical Spirit of Collaboration In an effort to be collaborative, I understand that Applicant identified an alternative project that with effort is feasible. The alternative would continue to include 4 duet homes (which would continue to be affordable), but would increase the market rate single family lots to 36. This is referred to herein as the “Alternative Project,” and shown in Exhibit B. Increasing the number of single family lots (by 2 as compared to the Proposed Project, and by 3 as compared to the Planning Commission Project) would give Applicant a means to offset the costs of constructing and selling the affordable units and other increased project costs that will exist if something other than the Proposed Project is approved.

Alternative Project is consistent with the General Plan density. The R-VLD designation is designed predominantly for larger single family residence lots. The permitted density range is 1.1 to 3.0 units per gross acre (du/ac). The Alternative Project would include the same number of units as the Proposed Project (i.e. 40 units by replacing the 5 shared units with single family and duet units) and density would remain at 2.45 du/ac (40 units/16.32 acres = 2.45) which is consistent with the General Plan. Therefore, with the same number of units, the park calculation would also remain unchanged.

The Alternative Project also continues to satisfy the SDBL and the City’s inclusionary ordinance.10 VI. Park In-Lieu Fee Required Instead of Park Dedication As we have discussed, the Zoning Code makes a distinction between the park requirement for subdivisions depending on whether it includes 50 units or less. Municipal Code Section

16.150.120 requires the dedication of park land for a “proposed subdivision of more than fifty parcels.” Separately, Section 16.150.130 requires the payment of a park fee-in-lieu for a “subdivision of fifty or less parcels.” Since the Applicant proposes less than 50 parcels, Applicant need only pay the in-lieu fees, and is not required to dedicate park land.

VII. SDBL Clarifications
I understand that Applicant desires to make clarifications regarding its SDBL requests. • In order to satisfy the City’s density transition, Applicant designed the Proposed Project subdivision to include “wings” (essentially six-foot extensions on two of the lots), in order to buffer the new lots from the surrounding properties. However, Applicant has requested a waiver under the SDBL to remove these projections. We understand that staff supports this request.
11 10 The Alternative Project includes 2 duet homes at very low income, 1 duet home at low income, and 1 duet home at moderate income. 11 See City Council staff report Table 3, Row 1.

5 • The Applicant also requested a waiver to grant it relief from the 20-foot front yard setback requirement for the single family homes and proposes instead 15-foot front yard setbacks. Granting the requested front yard setbacks supports the affordable housing economics because it would allow for larger yards, porches and other amenities that increase desirability and values for those homes, thus further offsetting the cost of the affordable units.

VIII. Response to Recent Public Comment
A nearby developer provided public comment regarding a desire for a ten-foot masonry wall along the perimeter of the project. A ten-foot wall would not comport with the appearance of the area.

We did not locate any requirement that requires construction of a wall between new development and existing development. Further, the California Environmental Quality Act does not include privacy of existing residents as an environmental impact. Nonetheless, Applicant designed the Project to incorporate design elements, including setbacks and landscaping, to minimize any privacy concerns of neighboring homeowners.

To the extent possible Applicant has preserved views, and neither the Proposed Project nor the Alternative Project would remove trees, rock outcroppings, or historic buildings within a state scenic highway, and the area is not designated as a scenic vista. We note that the Initial Study describes: “the proposed project is identified for urban land uses in the Brentwood General Plan.

The proposed project is consistent with the overriding considerations that were adopted for the General Plan. As such, implementation of the proposed project would not create new impacts over and above those identified in the General Plan Final EIR nor significantly change previously identified impacts.” Therefore, in our opinion, there are no view-related impacts from either the Proposed Project or the Alternative Project.

IX. Conclusion
Therefore, Applicant’s Alternative Project satisfies the Zoning Code, the HAA, SDBL, and other state and city requirements.

Please let me know if you have questions or comments on the foregoing.

Exhibit A
Proposed Project

7 Exhibit B
Alternative Project

1 2
5 4 3
19 6 7 8 9 10

PARCEL Z
35 34
33 26 27 28 30 31 32 25
24 23
22 21
20 17
15 14
16 13
11 36
18 37
29 39
38 12
40 8FT CMU WALL
BRENTWOOD, CA JANUARY 29, 2024

LONE TREE WAY

MASTER PLOTTING PLAN (ALTERNATE)
1 SINGLE
STORY
2 TWO
STORY
3 TWO
STORY
15 37.5%
COUNT

PERCENT
PLAN#
GRAND TOTAL HOMES: 40
TOTAL PERCENT: 100.0%
10 25%
11 27.5%

DISTRIBUTION TABLE

CITY OF BRENTWOOD
R1-12 ZONING
GENERAL STANDARDS:

FRONT 20 FEET
REAR 20 FEET
SIDE YARD 12 FEET
MIN AGGREGATE 30 FEET
CORNER SIDE 10 FEET
LOT DEPTH 150' MAX
LOT WIDTH 90 FEET
LOT SIZE 12,000 SF MIN

CATCHINGS CATCHINGS CATCHINGS
2,924 SF 3,490 SF 3,834 SF 7590 & 7650 LONE TREE WAY
4 DUETS
2,000
4 10%

AFFORDABLE HOUSING (PRELIMINARY)
J = JADU (RENT), 5 LOW-INCOME
D = DUET (RENT/SALE) SF
1 MODERATE, 1 LOW
2 VERY-LOW

STANDARDS ARE WAIVED PER SDBL

APPLICANT'S ALTERNATE

TO PC-PREFERRED MPP

Lone Tree Residential Project
December 5, 2023
De Novo Planning Group
IS/MND Supplemental Analysis Memo
City of Brentwood
Lone Tree Residential Project
December 5, 2023
The following analysis (described for each of the IS/MND environmental topics) provides information beyond what is provided within the Lone Tree Residential Project IS/MND, to reflect the potential of the Project to utilize a shared housing unit (allowed through density bonus) within one of the proposed (duet) units, as proposed by the Project applicant. Although this modification to the Project does not reflect a CEQA issue per se, the following supplemental analysis is provided for the sake of disclosure. Therefore, based on this potential approach by the Project applicant, the following discussion discloses the differences associated with the Project assuming it would contain the equivalent of 40 housing units, four units more than the 36 housing units analyzed in the IS/MND. This would not change any of the IS/MND significance determinations, nor does it affect CEQA otherwise, as these differences are very minor.

Supplemental Analysis:
 I. Aesthetics: No change.
 II. Agriculture and Forest Resources: No change.
 III. Air Quality: No change (note: the Project with 40 units would also not exceed the applicable screening criteria).
 IV. Biological Resources: No change.
 V. Cultural Resources: No change.
 VI. Energy: The potential increase in housing units from 36 to 40 would increase energy consumption approximately as follows:
o Natural Gas (kBTU/year):
 36 housing units: 932,034
 40 housing units: 1,035,593
o Electricity (kWh/year):
 36 housing units: 274,163
 40 housing units: 304,626
o On-road vehicles (operation) (gallons of gasoline fuel per year):
 36 housing units: 28,893
 40 housing units: 32,103
o On-road vehicles (construction) (gallons of gasoline fuel per year):
 36 housing units: 2,142
 40 housing units: 2,380
o On-road vehicles (construction) (gallons of diesel fuel per year):
 36 housing units: 3,226
 40 housing units: 3,584
o Off-road vehicles (construction) (gallons of diesel fuel per year):
 36 housing units: 13,156
 40 housing units: 14,618
o Other (gallons of gasoline fuel per year):
 36 housing units: 56
 40 housing units: 62

Lone Tree Residential Project
December 5, 2023
De Novo Planning Group
 VII: Geology and Soils: No change.
 VIII: Greenhouse Gas Emissions: No change (note: the GHG analysis relied on the GHG analysis for the City as a whole as provided in the General Plan EIR).  IX: Hazards and Hazardous Materials: No change.
 X: Hydrology and Water Quality: No change.
 XI: Land Use and Planning: The potential increase in housing units from 36 to 40 could potentially increase density on-site as follows (Note: in both cases, the Project would remain within the General Plan density range of 1.1 to 3.0 dwelling units per acre):
o 36 housing units: 2.2 dwelling units per acre
o 40 housing units: 2.5 dwelling units per acre
 XII: Mineral Resources: No change.
 XIII: Noise: No change.
 XIV: Population and Housing: The potential increase in housing units from 36 to 40 would increase the number of residents as follows (based on 3.22 persons per household) 1 :
o 36 housing units: 116 residents
o 40 housing units: 129 residents
 XV: Public Services: The potential increase in housing units from 36 to 40 would increase the number school students approximately as follows:
o High School students:
 36 housing units: 5 students
 40 housing units: 6 students
o K-8
th students:
 36 housing units: 15 students
 40 housing units: 17 students
Separately, the potential increase in housing units from 36 to 40 could increase the need for park space as follows:
o 36 housing units: 0.58 park dedication
o 40 housing units: 0.65 park dedication
 XVI: Recreation
o 36 housing units: 0.58 park dedication
o 40 housing units: 0.65 park dedication
 XVII: Transportation: No change (note: the traffic analysis described VMT in terms of VMT per capita, which remains the same regardless of the number of housing unit assumed for the analysis).
 XVIII: Tribal Cultural Resources: No change.
 XIX: Utilities and Service Systems: The potential increase in housing units from 36 to 40 would increase Project utilities consumption as follows:
o Wastewater Flow (MGD):
 36 housing units: 0.010
 40 housing units: 0.011
 XX: Wildfire: No change.
 XXI: Mandatory Findings of Significance: No change.

1 City of Brentwood. 2014 Brentwood General Plan Update EIR [pg. 3.10-32]. July 22, 2014.

Plan 1 “Original
Project”
Plan 2 “Revised Project
1”
Plan 3 “PC
Recommended
Project”
Plan 4 “Revised Project
2”
 35 detached units
 Wing lots
 40 total units
 34 detached units
 1 set of duet units
 Shared housing
building (5 units)
 1 duet unit offered
for dedication
 No wing lots
 37 total units
 35 detached units
 2 sets of duets
 No wing lots
 No shared housing
building
 No unit offered for
dedication
 40 total units
 37 detached units
 2 sets of duets
 No wing lots
 No unit offered for
dedication
 No shared housing
building
Density Bonus
 None requested
Density Bonus
 Seeking waivers
Density Bonus
 Seeking waivers
Density Bonus
 Seeking waivers
CEQA
 In compliance
CEQA
 In compliance
CEQA
 In compliance
CEQA
 In compliance
Park Size Required:

0.56 acres
Park Size Required:

0.64 acres
Park Size Required:

0.59 acres
Park Size Required:

0.64 acres

Plan 1 “Original Project”

Plan 2”Revised Project 1”

Plan 3 “PC Recommended Plan”

Plan 4 “Revised Project 2”

CITY COUNCIL AGENDA ITEM NO. G.2
02/27/2024
SUBJECT: Brentwood Municipal Code Amendments to repeal and replace Local Density Bonus Regulations and Reference State Density Bonus Law, as well as modify the definition of Low-income household.

DEPARTMENT: Community Development Department
STAFF: Alexis Morris, Director of Community Development Erik Nolthenius, Planning Manager
Jennifer Hagen, Senior Planner

TITLE/RECOMMENDATION
Staff recommends that the City Council waive the first reading and introduce an ordinance approving an amendment (Rezone No. 23-005) to the Brentwood Municipal Code by repealing and replacing Chapter 17.720 (Density Bonus Program) to implement State Density Bonus Law and adopt Government Code Sections 65915– 65918 by reference, as well as modifying Section 17.725.002 (Definitions) of the City’s Affordable Housing Ordinance to modify the definition of Low-income household.

These text amendments are exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

FISCAL IMPACT
Adoption of the ordinance will not result in a fiscal impact, as staff will continue to process housing developments that include affordable units consistent with the State Density Bonus Law and the City’s Affordable Housing Ordinance through appropriate planning application review processes, which include the collection of fees for the cost of these processes, in accordance with the City’s Cost Allocation Plan.

BACKGROUND

STATE OF CALIFORNIA DENSITY BONUS LAW

CITY COUNCIL AGENDA ITEM NO. G.2
02/27/2024
Brentwood Municipal Code (BMC) Chapter 17.720 (Density Bonus Program) regulates and implements the State of California Density Bonus Law (SDBL), as outlined in California Government Code Sections 65915–65918. The SDBL was adopted in 1976 to help address California’s affordable housing needs. The City’s local Density Bonus Ordinance was originally adopted in 1989 and amended in 2015 as part of the last Housing Element update. Since 2015, there have been numerous updates to the SDBL that have resulted in the City’s current Ordinance being inconsistent with State law.

The SDBL was originally adopted in large part to require local agencies to allow increased density, reduced or modified standards, and development incentives based on the number and type of affordable housing units proposed. Over time, the law has been expanded to, among other things, include housing for households at a wider range of income levels and with specialized needs (e.g., seniors, students, foster youth, formerly homeless persons, and disabled veterans).

The SDBL applies to housing projects, including mixed-use developments, new subdivisions, or common-interest developments. Density bonuses and associated incentives and concessions are based on the amount and type of affordable units provided and are intended to offset the cost of constructing affordable units. The SDBL allows eligible projects to apply for the following:
 Density Bonus: An increase above the maximum allowed density permitted in the General Plan Land Use Element or Zoning Code. The amount of the bonus is set on a sliding scale based on the percentage of affordable units at each income level.
 Incentives/Concessions: Modifications to City regulatory or development standards that result in actual and identifiable cost reductions to provide for affordable housing costs or rents. The number of incentives allowed is based on the percentage of affordable or otherwise eligible units provided in the qualifying project. For example, developers may ask for increased building height above that allowed by the zoning regulations.
 Reductions/Waivers: Modifications to City development standards that, if imposed, would physically prevent the construction of a housing development at the density permitted with a bonus and any concessions, except where the waiver would cause a public health or safety concern, harm historical property, or would be contrary to state or federal law. There is no limit to the number of reductions/waivers that may be requested. For example, applicants may request decreased setbacks and/or increased floor area ratio.

CITY COUNCIL AGENDA ITEM NO. G.2
02/27/2024
 Reduced Parking Ratios: Parking ratios are defined based on bedroom count:
o Zero to one bedroom: one on-site parking space per unit o Two to three bedrooms: one and one-half on-site parking spaces per unit
o Four or more bedrooms: two and one-half parking spaces per unit As is the case in many jurisdictions, the reduced parking ratios required by the SDBL are lower than the BMC parking requirements.

A few areas of the City’s existing ordinance are not consistent with State law. For example, the parking standards in the City’s ordinance require more parking than the City is allowed to require under the current SDBL. In addition, there have been recent updates to the SDBL that allow for additional types of projects to be eligible, including student housing and supportive housing projects.

It is a significant challenge to regularly update the BMC to keep pace with everchanging State laws. For example, between 2018 and 2023, the State amended the SDBL ten times. This also leads to difficulty in terms of communicating to applicants and the public what regulations apply to density bonus projects.

AFFORDABLE HOUSING ORDINANCE
BMC Chapter 17.725 (Affordable Housing) is the City’s mechanism to require affordable housing within all new residential projects. Based on recent changes to State law, and as explained in greater detail below, staff recommends making a change to the current definition of “Low-income household” to provide clarity that housing meeting this definition is different than and exceeds the qualifying limits set for very low-income households, consistent with City Council direction.

PLANNING COMMISSION ACTION
The Planning Commission considered this item at a public hearing at its regular meeting of January 16, 2024, and was supportive of the requested text amendments.

The Planning Commission agreed that the amendments would help to provide greater clarity while processing applications and communicating relevant regulations to applicants consistent with State law. The Planning Commission unanimously adopted Resolution No. 24-003, recommending that the City Council approve the amendments (Rezone No. 23-005), repealing and replacing Chapter 17.720 (Density Bonus Program), as well as modifying Section 17.725.002 (Definitions) of the City’s Affordable Housing Ordinance.

CITY COUNCIL AGENDA ITEM NO. G.2
02/27/2024

PROJECT DESCRIPTION AND ANALYSIS

DENSITY BONUS ORDINANCE
Staff proposes to repeal and replace the existing density bonus regulations with the attached draft ordinance (Exhibit A1 to Attachment 2). Since the proposed Ordinance is entirely new and is replacing the existing Ordinance, there is no redline version of the Density Bonus Ordinance. The new regulations would adopt the SDBL by reference and identify when the regulations apply. Since the City has no discretion to override the SDBL and since it has changed numerous time over the past few years, staff does not believe it necessary to include the specific language within the City Code and that adopting it by reference is sufficient. The SDBL, however, allows the City to govern implementation and submittal requirements (although limited in certain circumstances). The draft ordinance therefore contains requirements outlining application requirements and specifies the approval process for projects. The draft ordinance also acknowledges that future State law amendments may occur.

In future years, as the legislature continues to amend and/or refine the SDBL, the proposed ordinance ensures that the BMC would remain consistent with State law, meaning that additional updates to the City’s density bonus ordinance would not be necessary. In addition, by referencing State law, it will be easier for staff to process applications and communicate relevant regulations to applicants, the public, and appointed/elected officials.

AFFORDABLE HOUSING ORDINANCE DEFINITION
Staff recommends modifying the existing BMC definition for “Low-income household.” Although the terms “very low income,” “low income,” and “lower income” appear similar, they are not used interchangeably and each have a very specific income limit.

Below is a summary of the income levels set through the California Health and Safety Code:

Income Level Income Ranges
Very Low Income Households < 50% Median Income
Low Income Households > 50% and < 80% Median Income
Lower Income Households
< 80% Median Income (inclusive of
both very-low and low income
households)
Moderate Income Households > 80% and < 120% Median Income

CITY COUNCIL AGENDA ITEM NO. G.2
02/27/2024
As the Code is currently written, the definition for “low-income” sets an upper limit on household income that “does not exceed the qualifying limits set for lower income households in Section 50079.5 of the California Health and Safety Code.” Since “lower income households” includes both very low and low income households, the upper limit to be set at 80 percent of area median income. The current definition does not, however, set a lower income limit. This unintentionally allows for units designated for very low-income households (households making less than 50 percent of the median income) to also qualify for low-income household calculations under the ordinance. The intent of the Affordable Housing Ordinance is to require the construction of housing affordable to specified income ranges, as shown in the table below, thereby increasing the variety of housing available within the city. It is important to provide housing available at each of the specified income levels in order to have the greatest variety of housing and by not having a lower limit for low-income housing, the City may lose out on needed low income household units.

The table below shows the income levels identified in the City’s Affordable Housing Ordinance, and the percentage of units that must be constructed for each income level.

Income Level Median Income Range AHO %
Very Low Income
Households < 50% Median Income 3%
Low Income Households > 50% and < 80% Median Income 4%
Moderate Income
Households > 80% and < 120% Median Income 6%
The proposed revised definition is included below and is reflected in Exhibit A1 to Attachment 2 to this report.
“Low-income household” means a household whose annual income exceeds the qualifying limits set for “very low-income households” in Sections 50093 and 50105 of the California Health & Safety Code but does not exceed the qualifying limits set for “lower income households” in Section 50079.5 of the California Health and Safety Code.

This revision changes the definition to no longer be inclusive of both very-low and low income households, but rather just low income households.

CITY COUNCIL AGENDA ITEM NO. G.2
02/27/2024

GENERAL PLAN CONFORMANCE
Repealing and replacing the density bonus regulations to reference State law, as well as modifying the current definition of “low-income household,” would be consistent with the General Plan and newly adopted Housing Element, including the following policies:
 Housing Element Action H.2i: Density Bonus Ordinance
o Update the Density Bonus Ordinance in compliance with State law requirements by December 2024.
 Housing Element Policy H.2‐1: Encourage housing affordable and appropriate for a variety of Brentwood households at all economic levels throughout the City.

In conclusion, the proposed ordinance amendments, if adopted, will provide greater clarity while processing applications and communicating relevant regulations to applicants, the public, and appointed/elected officials, which in turn will help to provide additional housing at various income levels and improve the livability and housing options throughout the city. The amendments will also ensure consistency with State law now and in the future as additional updates are made by the Legislature.

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

PREVIOUS ACTION(S)
Previous Action by the City Council is included in Attachment 1.

DATE OF NOTICE
The City of Brentwood published a public hearing notice in the Brentwood Press on February 16, 2024.

CITY COUNCIL AGENDA ITEM NO. G.2
02/27/2024

ENVIRONMENTAL DETERMINATION
The proposed ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) – Common Sense Exemption in that the proposed ordinance would only establish and clarify administrative processes and would not facilitate new construction or other groundbreaking activities. There is no potential to result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment. None of the circumstances described in CEQA Guidelines Section 15300.2 applies.

ALTERNATIVE OPTION(S)

1. Do not approve staff’s recommendation.

2. Modify staff’s recommendation based on legally defensible findings.

3. Continue the item with direction for staff to return with additional information.

ATTACHMENT(S)

1. Previous Actions

2. Draft Ordinance
Exhibit A1 - Chapter 17.720 (Density Bonus Program)
Exhibit A2 - Section 17.725.002 (Definitions) of the City’s Affordable Housing Ordinance - Redline

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

Chapter 17.720 (Density Bonus Program)
On May 23, 1989, the City Council adopted Ordinance No. 448, establishing Chapter

17.720 (Density Bonus Program) of the Brentwood Municipal Code.

On May 15, 2015, the City Council adopted on Ordinance No. 943, which carried out key implementation measures identified in the 2012 Housing Element that were required for certification by the State Department Of Housing and Community Development (HCD) of the 2015 Housing Element update, including repealing and replacing Chapter 17.720 (Density Bonus Program) of the Brentwood Municipal Code.

Chapter 17.725 (Affordable Housing Program)
Initial Study and Negative Declaration for the Inclusionary Affordable Housing Program was adopted by the City Council on June 7, 2003.

On September 9, 2003, the City Council adopted Ordinance 756, establishing the Affordable Housing Program, as recommended by the Planning Commission.

On January 11, 2005, the City Council adopted Ordinance 790, amending Chapter 17.725 of the City of Brentwood Municipal Code pertaining to the Affordable Housing Program.

On April 27, 2007, the City Council adopted Ordinance 842, amending Chapter 17.725 of the City of Brentwood Municipal Code relating to the Affordable Housing Program.

On July 28, 2009, the City Council adopted Ordinance 874, amending Chapter 17.725 of the City of Brentwood Municipal Code relating to the Affordable Housing Program.

On November 12, 2012, the City Council adopted Ordinance 909, amending Chapter

17.725 of the City of Brentwood Municipal Code relating to the Affordable Housing Program.

On April 28, 2020, the City Council adopted Ordinance 1014, amending Chapter 17.725 of the City of Brentwood Municipal Code relating to the Affordable Housing Program.

On July 26, 2022, the City Council adopted Ordinance 1041, amending Chapter 17.725 of the City of Brentwood Municipal Code relating to the Affordable Housing Program.

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING A ZONING TEXT AMENDMENT TO THE
BRENTWOOD MUNICIPAL CODE (RZ 23-005), WHICH WOULD
REPEAL AND REPLACE CHAPTER 17.720 (DENSITY BONUS

PROGRAM) TO IMPLEMENT THE STATE DENSITY BONUS LAW
AND AMEND SECTION 17.725.002 (DEFINITIONS) OF THE

AFFORDABLE HOUSING ORDINANCE
WHEREAS, City staff prepared a zoning text amendment that would repeal and replace Brentwood Municipal Code Chapter 17.720 (Density Bonus Program) and amend Section 17.725.002 (Definitions) of the Affordable Housing Ordinance (the “Ordinance”); and
WHEREAS, the Ordinance would amend Title 17 (Zoning) of the Brentwood Municipal Code; and
WHEREAS, Sections 65915, et seq., of the California Government Code, known as the State Density Bonus Law, require a city to provide a developer that proposes a housing development within the jurisdictional boundaries of that city containing qualifying affordable or other types of housing with a density bonus and other incentives; and
WHEREAS, California Government Code Section 65915(a) requires that all jurisdictions within the state adopt an ordinance that specifies how compliance with State Density Bonus Law will be implemented; and
WHEREAS, since adoption of the City of Brentwood’s density bonus ordinance, the State Legislature has passed, and the Governor has signed into law, numerous changes to State Density Bonus Law; and
WHEREAS, the City’s Housing Element, which was adopted February 13, 2024, includes Housing Element Action H.2i, requiring the City to update the Density Bonus Ordinance in compliance with State law requirements by December 2024; and WHEREAS, on January 5, 2024, the City gave public notice of a Planning Commission public hearing to be held to consider this Ordinance by advertisement in the Brentwood Press, a newspaper of general circulation; and WHEREAS, on January 16, 2024, the Planning Commission held a duly-noticed public hearing to consider the staff report, recommendation by staff, and public testimony concerning this Ordinance. Following the public hearing, the Planning Commission voted to recommend that the City Council adopt the proposed Ordinance by a vote of 5-0; and

Attachment 2

WHEREAS, the City published a notice of public hearing in the Brentwood Press on February 15, 2024, in accordance with City policies and Government Code Section 65090; and
WHEREAS, on February 27, 2024, the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration by the City’s Planning Commission; and WHEREAS, this amendment is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

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

SECTION 1. Recitals. The above recitals are incorporated into this Ordinance as though fully set forth herein.

SECTION 2. CEQA. Pursuant to California Environmental Quality Act (“CEQA”) Section 15061(b)(3) of the CEQA Guidelines, this project is exempt from CEQA in that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

SECTION 3. Rezoning. Brentwood Municipal Code Section 17.870.008 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 zoning text amendments set forth in Exhibit A1 and A2 are consistent with the General Plan, as amended from time to time, insomuch as they are responsive to the changing needs of the residents and community. In addition, consistent with Brentwood General Plan Land Use Policy LU 2-8 to provide for a variety of residential products through the Zoning Ordinance in order to accommodate the housing needs of all segments of the city’s population, the Ordinance will help to provide incentives to construct housing affordable to specified income ranges, thereby increasing the variety of households for which housing will be available within the city. In addition, the zoning text amendments will facilitate implementation of the 2023 Housing

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Element, as well as comply with recent State legislation and requirements for the 2023 Housing Element update. The City Council likewise finds that the Ordinance is appropriate and is not contrary to the public interest in that it will add clarity to and update the provisions of the Density Bonus Law and update a related definition in the Zoning Ordinance.

SECTION 4. Amendment. The Brentwood Municipal Code is hereby amended as follows:
 Chapter 17.720 (Density Bonus Program) is hereby repealed in its entirety and is replaced to implement State Density Bonus Law and adopt Government Code Sections 65915–65918 by reference, as provided in Exhibit A1, attached hereto and incorporated herein.
 Section 17.725.002 (Definitions) of the City’s Affordable Housing Ordinance is hereby modified to solely amend the definition of “Low-income household” as provided in Exhibit A2, attached hereto and incorporated herein. Revisions to existing Section 17.725.002 (Definitions) are reflected in strikethrough for deletions and underline for additions.

SECTION 5. Effective Date; Publication Date. This ordinance shall be published in accordance with Government Code Section 36933. This ordinance shall take effect 30 days after its adoption. The City Clerk is directed to cause the Municipal Code text to be entered in the Brentwood Municipal Code of the City of Brentwood to be modified accordingly.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the City Council of the City of Brentwood on the 27th day of February 2024 by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

APPROVED
Joel R. Bryant
Mayor
ATTEST:

Margaret Wimberly, MMC
City Clerk

Attachment 2

EXHIBIT “A1”
Chapter 17.720

DENSITY BONUS PROGRAM
Sections

17.720.010 Purpose.

17.720.020 Applicability.

17.720.030 Definitions.

17.720.040 Application requirements.

17.720.050 Review process.

17.720.060 Density bonus agreement.

17.720.070 Density bonus calculations.

17.720.080 Development standards.

17.720.090 Density bonus for commercial development.

17.720.100 Interpretation

17.720.010. Purpose.

In accordance with California Government Code Sections 65915, et seq. (as it may be amended from time to time), which is referred to as the “State Density Bonus Law”, this Chapter specifies how compliance with State Density Bonus Law will be implemented. Specifically, the purpose of this Chapter is to provide housing developments with density bonuses, incentives, waivers of development standards, and reductions in parking ratios in exchange for the production of housing for very low-, low-, and moderate-income households, senior households, provision of daycare facilities, student housing, donations of land, and for other housing types as required by state law. In enacting this Chapter, it is also the intent of the City to implement the goals, objectives, and policies of the City’s Housing Element of the General Plan.

17.720.020. Applicability.

A. General. Housing developments that develop a specified number of affordable housing units, donate land, or include other benefits as provided under the State Density Bonus Law may qualify for a density increase and other regulatory benefits under the State Density Bonus Law.

B. Replacement Housing Requirement. An applicant for a housing development on one or more parcels that are or have been developed with certain types of rental housing, as more particularly described in California Government Code Section 65915(c)(3), will be ineligible for a density bonus

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or other regulatory benefits unless the applicant complies with the replacement housing requirements therein.

17.720.030. Definitions.

The definitions found in State Density Bonus Law shall apply to the terms contained in this Chapter. “Incentives” include “concessions,” as defined in State Density Bonus Law.

17.720.040. Application Requirements.

A. An applicant for a “housing development” as defined in State Density Bonus Law shall be eligible for a density bonus and other regulatory benefits that are provided by State Density Bonus law when the applicant seeks and agrees to provide housing as specified in State Density Bonus Law. The density bonus that the project is eligible for shall be calculated in accordance with State Density Bonus Law.

B. The granting of a density bonus or incentive, pursuant to this Chapter, shall not be interpreted, in and of itself, to require a general plan amendment, development code amendment, zone change, other discretionary approval, or the waiver of a Brentwood ordinance or provisions of a Brentwood ordinance unrelated to development standards.

C. All requests for density bonuses, incentives, parking reductions, and waivers for a housing development shall be filed with and on a form provided by the Community Development Director, or designee, concurrently with the filing of the planning application for the first discretionary or ministerial permit required for the housing development, whichever permit is earliest. The applicant shall be informed whether the application is complete consistent with Government Code Section 65943.

D. The application shall include the following minimum information:

1. For a requested density bonus or to show eligibility for a density bonus:
a. Summary table showing the maximum number of dwelling units permitted by the zoning and general plan excluding any density bonus units, proposed affordable units by income level, proposed bonus percentage, number of density bonus units proposed, bedroom allocation of market-rate units, bedroom allocation of affordable units, total number of dwelling units proposed on the site, and resulting density in units per acre. b. The specific provision of State Density Bonus Law under which the housing development qualifies for a density bonus and reasonable documentation demonstrating that the housing

Attachment 2

development is eligible for a bonus under each of the
requirements of that provision.
c. A tentative map or preliminary site plan, drawn to scale, showing the number and location of all proposed units,
designating the location of proposed affordable units and density bonus units.
d. The zoning and general plan designations and assessor's parcel number(s) of the housing development site.
e. A description of all dwelling units existing on the site in the fiveyear period preceding the date of submittal of the application; identification of any dwelling units rented in the five-year period; and identification of whether the dwelling units on the site were subject to any form of rent control through a public entity’s valid exercise of its police power, subject to a recorded covenant ordinance, or subject to a law restricting rents to levels affordable to households of lower or very low income. f. If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, if known. If any dwelling units on the site were rented in the fiveyear period but are not currently rented, the income and household size of residents occupying the dwelling units when the site contained the maximum number of dwelling units, if known.
g. The phasing of the construction of the affordable housing units in relation to the non-restricted units in the housing
development.
h. A marketing plan for the affordable housing units, as well as an explanation of the methods to be used to verify tenant and/or buyer incomes and to maintain affordability of the affordable housing units.
i. Requested incentives. Incentives are those defined by the State Density Bonus Law. The number of incentives that may be requested shall be based upon the number the applicant is entitled to pursuant to the State Density Bonus Law. The application shall include the following minimum information for each incentive requested, shown on a site plan (if appropriate):

2. The City’s otherwise applicable regulation and the requested regulatory incentive.

Attachment 2

3. Requested waivers. For each waiver requested, the application shall include (at a minimum), the City’s required development standard and the requested development standard, shown on a site plan, and shown for each existing or proposed parcel, if applicable.

4. Parking reductions. If a housing development is eligible for a density bonus pursuant to the State Density Bonus Law, the applicant may request an on-site vehicular parking ratio specified in Government Code Section 65915(p). An applicant may request this parking reduction in addition to the incentives and waivers permitted by paragraphs (2) and (3) of this subsection. The application shall include a table showing parking required by the zoning regulations, parking proposed under the State Density Bonus Law, the provision under Government Code Section 65915(p) (or other statute) under which the project qualifies for the parking reduction, and reasonable documentation that the project is eligible for the requested parking reduction.

5. Density bonus or incentive for a child care facility in a housing development. The application shall include reasonable documentation that all of the requirements included in Government Code Section 65915(h) can be met.

6. Density bonus or incentive for a condominium conversion. The application shall include reasonable documentation that all of the requirements included in Government Code Section 65915.5 can be met.

17.720.050. Application review process.

A. All requests under the State Density Bonus Law shall be part of the planning application and shall be applied for, reviewed, and acted upon concurrently with the planning application by the approval body with authority to approve the development, within the timelines prescribed by California Government Code Section 65920, et seq., or other applicable statute. Appeals of the planning application in accordance with the requirements of Brentwood Municipal Code Chapter 17.880 shall include all requests under the State Density Bonus Law, if appeals are authorized for the discretionary or ministerial permit applied for.

B. To ensure that an application for a housing development conforms with the provisions of the State Density Bonus Law, the staff report presented to the decision-making body shall state whether the application conforms to the following requirements of the State Density Bonus Law, as applicable:

1. The housing development provides the housing required by the State Density Bonus Law to be eligible for a density bonus and any incentives, parking reduction, or waivers requested, including housing required to replace units rented or formerly rented to very-low and low income

Attachment 2

households as required by California Government Code Section 65915(c)(3).

2. The housing development is eligible for any requested parking reductions under Government Code Section 65915(p) or other statute.

3. If the density bonus is based all or in part on donation of land, the requirements of Government Code Section 65915(g) have been met.

4. If the density bonus or incentive is based all or in part on the inclusion of a child care facility or condominium conversion, the requirements included in Government Code Section 65915(h) or 65915.5, as appropriate, have been met.

5. If the density bonus is based on another provision of the State Density Bonus Law, the requirements included in the applicable section of the State Density Bonus Law have been met.

C. The decision-making body shall grant an incentive requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

1. The proposed incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5; or for affordable rents, as defined in Health and Safety Code Section 50053; or

2. The proposed incentive would be contrary to state or federal law; or

3. The proposed incentive would have a specific, adverse impact upon the public health or safety or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderateincome households. For the purpose of this subsection, “specific, adverse impact” means a significant, quantifiable, direct and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete as defined in Government Code Section 65589.5.

D. The decision-making body shall grant the waiver of development standards requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

1. The proposed waiver would be contrary to state or federal law; or

2. The proposed waiver would have an adverse impact on any real property listed in the California Register of Historic Resources; or

Attachment 2

3. The proposed waiver would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, “specific, adverse impact” means a significant, quantifiable, direct and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete as defined in Government Code Section 65589.5.

E. If a child care center complies with the requirements of Government Code Section 65915(h), the decision-making body may deny a density bonus or incentive that is based on the provision of child care facilities only if it makes a written finding, based on substantial evidence, that the City already has adequate child care facilities.

F. A request for minor modification of an approved density bonus housing plan may be granted by the City Manager, or their designee, if the modification substantially complies with the original density bonus housing plan and conditions of approval. Other modifications to the density bonus housing plan shall be processed in the same manner as the original plan.

17.720.060. Density bonus housing agreement.

A. If a density bonus, incentive, parking reduction, or waiver is approved pursuant to this Chapter, the applicant shall enter into a binding affordable housing agreement or restrictive covenant, as described below, with the City, which sets forth the conditions and guidelines to be met in the implementation of the State Density Bonus Law and that ensures compliance with all of the provisions of this Chapter. The agreement will also establish specific compliance standards and remedies available to the City upon failure by the applicant to comply with the State Density Bonus Law, this Chapter, or the affordable housing agreement.

B. For rental projects, the applicant shall enter into an affordable housing agreement with the City, running with the land, in a form approved by the City Attorney, to be executed by the City Manager, or designee. The agreement shall require the continued affordability of all rental units that qualified the applicant for the receipt of the density bonus, incentive, waiver, or parking reduction for a minimum of fifty-five (55) years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program; shall identify the type, size and location of each affordable unit; shall specify the eligible occupants; shall specify phasing of the affordable units in relation to the market-rate units; and shall contain other relevant provisions approved by the

Attachment 2

City Attorney. Rents for the lower income density bonus units shall be set at an affordable rent as defined in the State Density Bonus Law.

C. For for-sale projects, the applicant shall enter into an affordable housing agreement with the City, running with the land, in a form approved by the City Attorney, to be executed by the City Manager, or their designee. The affordable housing agreement shall require that, the initial purchasers of those for-sale units that qualified the applicant for the receipt of the density bonus, incentive, waiver, or parking reduction are persons and families of very low, lower, or moderate income, as applicable, or if any such unit is not purchased by an income-qualified household within 180 days after the issuance of the certificate of occupancy, those units are purchased by a qualified non-profit housing corporation as defined in the State Density Bonus Law. The affordable housing agreement shall further require that the units are offered at an affordable housing cost, as that cost is defined in Health and Safety Code Section 50052.5 and shall contain other relevant provisions approved by the City Attorney. The affordable housing agreement shall require the continued affordability of the for-sale units for 45 years and require purchasers of the affordable for-sale units to enter into a refinance and resale limitation agreement with the City in a form approved by the City Attorney.

D. Where a density bonus, waiver or parking reduction is provided for a marketrate senior housing development, the applicant shall enter into a restrictive covenant with the City, running with the land, in a form approved by the City Attorney, to be executed by the City Manager, or their designee, to require the housing development to be operated as "housing for older persons" consistent with state and federal fair housing laws.

E. Agreements involving rental units shall require the owner of the affordable rental units provided under this Chapter to submit an annual monitoring report to the housing division, in a format approved by the City Manager. For each affordable rental unit provided hereunder, the current owner may be required to pay an annual monitoring fee to the City for the term of required affordability in the amount set forth in the affordable housing agreement. For each owneroccupied affordable unit provided under this Chapter, the current owner may be required to pay a transfer fee to the City for any change of ownership as adopted from time to time by the city council during the term of required affordability in the amount set forth in the refinance and resale limitation agreement.

F. The executed affordable housing agreement shall be recorded against the housing development prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the housing development, whichever is earliest. The affordable housing agreement shall be binding on all future owners and successors in interest.

17.720.070. Density bonus calculations.

Attachment 2

A. In determining the total number of units to be granted, each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.

B. When calculating the number of affordable units needed to qualify for a given density bonus, any fractions of affordable dwelling units shall be rounded up to the next whole number.

C. Each housing development is entitled to only one density bonus. If a housing development qualifies for a density bonus under more than one category, the applicant shall identify the category under which the density bonus is requested to be granted.

D. In determining the number of affordable units required to qualify a housing development for a density bonus pursuant to the State Density Bonus Law, units added by a density bonus are not included in the calculations. Any onsite units that satisfy the City’s affordable housing requirements in Chapter

17.725 of the Code and are required to be constructed concurrently with the housing development may qualify the housing development for a density bonus if those units also meet the requirements of the State Density Bonus Law.

Payment of fees in lieu of providing affordable units under Chapter 17.725 of the Code does not qualify a housing development for a density bonus.

E. The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of affordable units required by the State Density Bonus law. Regardless of the number of affordable units, no housing development shall be entitled to a density bonus greater than what is authorized under the State Density Bonus Law.

F. Nothing in this chapter requires the provision of direct financial incentives from the City for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The City, at its sole discretion, may choose to provide such direct financial incentives.

17.720.080. Development standards.

A. Building permits and final inspections or certificates of occupancy shall be issued concurrently for the market rate units and for any affordable units that qualified the project for a density bonus, incentive, waiver or parking reduction, so that the affordable units comprise the required percentage of total units.

B. Affordable units shall be comparable in exterior appearance and overall quality of construction to market rate units in the same housing development. Interior finishes and amenities may differ from those provided in the market rate units,

Attachment 2

but neither the workmanship nor the products may be of substandard or inferior quality as determined by the City.

C. To comply with fair housing laws, the affordable units shall contain the same proportional mix of bedroom sizes as the market-rate units. In mixed-income buildings, the occupants of the affordable units shall have the same access to the common entrances and to the common areas, parking, and amenities of the project as the occupants of the market-rate housing units, and the affordable units shall be located throughout the building and not isolated on one floor or to an area on a specific floor. The affordable units shall be located in buildings throughout the development unless designated for senior housing or financed with tax credits or other public financing.

17.720.090. Density bonus for commercial development.

A Commercial Development may request and receive a Development Bonus pursuant to the provisions of Government Code Section 65915.7.

17.720.100. Interpretation.

If any portion of this Chapter conflicts with the State Density Bonus Law or other applicable state law, state law shall supersede this Chapter. Any ambiguities in this Chapter shall be interpreted to be consistent with the State Density Bonus Law.

Statutory references in this ordinance include successor provisions.

Attachment 2

EXHIBIT “A2”
Chapter 17.725

AFFORDABLE HOUSING
Sections

17.725.002Definitions.

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

Assumed
Household
Size 1 2 3 4 5
6 or
more
Unit Size Studio 1
Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
5 Bedroom
“Custom home development” means any residential development being subdivided by one party and sold as individual lots or parcels to separate owners for construction and development of dwelling units.
“Divided in-lieu fee” means the total amount of the in-lieu fees due for the residential development at the time of first building permit issuance divided by the total number of market-rate units in the residential development. The divided in-lieu

Attachment 2

fee shall be adjusted annually in accordance with appropriate factors or indexes as adopted by the cost allocation plan.
“Dwelling unit” means a dwelling designed and intended for occupancy by one household.
“First time homebuyer” means a household which has not owned its principal place of residence within the last three years.
“In-lieu fee” means a fee paid to the city by an applicant in lieu of providing the required affordable units.
“Low-income household” means a household whose annual income exceeds the qualifying limits set for “very low-income households” in Sections 50093 and 50105 of the California Health & Safety Code but does not exceed the qualifying limits set for “lower income households” in Section 50079.5 of the California Health and Safety Code.
“Market-rate unit” is defined as a residential unit that is not an affordable unit. “Moderate-income household” means a household whose annual income does not exceed the qualifying limits set for “moderate-income households” in Section 50093 of the California Health and Safety Code and does not include a very low- or low-income household.
“Ownership development” means any residential development that includes the creation of one or more additional dwelling units that may be sold individually.

An ownership development also includes the conversion of a residential rental development to a residential ownership development.
“Refinance and resale limitation agreement and option to purchase” means a recorded agreement between the city and an individual homebuyer of an ownership affordable unit documenting resale controls and/or rent restrictions. “Rental development” means any residential development that creates one or more additional dwelling units that cannot be lawfully sold individually in conformance with the Subdivision Map Act.
“Resale controls and/or rent restrictions” means legal restrictions by which affordable units shall be restricted to ensure that the unit remains affordable to very low-, low- or moderate-income households, as applicable, for a period of not less than forty-five years for ownership units and not less than fifty-five years for rental units, or longer periods if required by state housing or federal law or a financing assistance program. Resale controls for owner-occupied units shall be in the form of resale restrictions, deeds of trust, and/or other similar documents recorded against the subject property. Rent restrictions for rental units shall be in the form of a regulatory agreement recorded against the subject property. “Residential development” means and includes, without limitation, for-sale single-family dwellings, multiple-family dwellings, groups of dwellings, condominium

Attachment 2

or townhouse developments, condominium conversions, cooperative developments, mixed use developments that include housing units, manufactured housing, mobilehomes, and residential land subdivisions intended to be sold, leased or rented to the general public.
“Very low-income household” means a household whose annual income does not exceed the qualifying limits set for “very low-income households” in Sections 50093 and 50105 of the California Health and Safety Code. “Very low-income households” include “extremely low-income households” as defined in Sections 50093 and 50106 of the California Health and Safety Code. (Ord. 1041 § 2, 2022)17.725.002

CITY COUNCIL AGENDA ITEM NO. H.1
2/27/2024
SUBJECT: Two ordinances to regulate non-motorized sidewalk vending and mobile vending from motorized vehicles on public and private property, and direction to staff regarding new regulations in the Zoning Ordinance for longer-term mobile vending facilities.

DEPARTMENT: Community Development
STAFF: Alexis Morris, Director of Community Development PREPARED BY: Robbie Portillo-Bienemann, Code Enforcement Supervisor Albert Maldonado, Best Best and Krieger LLP(Legal Consultant)

TITLE/RECOMMENDATION
Introduce, read by title only, and waive further reading of:
1) An Ordinance of the City Council of the City of Brentwood, Amending the Definition of “Peddler” in Section 5.48.020 and Adding Chapter 5.64 to the Brentwood Municipal Code; Imposing Regulations on Sidewalk Vending in Compliance With Senate Bill 946; Amending Section 7.02.210 Regarding Vendors in Parks; and Determining the Ordinance to be Exempt from CEQA.
2) An Ordinance of the City Council of the City of Brentwood Repealing and Replacing Chapter 5.68 of the Brentwood Municipal Code Regarding Mobile Vending and Declaring the Ordinance to be Exempt from CEQA.

The two Ordinances are exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as they are not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. 14 Cal. Code Regs. § 15378(a).

Further, the Ordinances are exempt from CEQA as there is no possibility that either Ordinance or their implementation would have a significant negative effect on the environment. 14 Cal. Code Regs. § 15061(b)(3).

In addition, the City Council is asked to provide direction to staff regarding whether to create new regulations in the Zoning Ordinance (Title 17) for longer-term mobile vending facilities as part of the focused Zoning Ordinance update already underway.

CITY COUNCIL AGENDA ITEM NO. H.1
2/27/2024

FISCAL IMPACT
If the Ordinances changes are approved, any fees for permits or revenue from business license tax certificates would be included in the General Fund. If approved, the new fees for permits would be submitted for approval by the City Council at a future meeting when considering updating the City’s 2023/24 Cost Allocation Plan to add the new fees. Business license tax and fees are already included in the City’s FY2023/24 Cost Allocation Plan. The amount of revenue collected will depend on the fee amount proposed and the volume of sidewalk vending and mobile vending activity, but is not expected to have a material impact on overall General Fund revenues.

Any revenue generated by administrative citations for enforcement of the proposed Ordinances would be included in the General Fund.

BACKGROUND

SIDEWALK VENDING
California state legislation defines “sidewalk vendor” as a person who sells food or merchandise on a public sidewalk or other pedestrian path (including public parks).

Those considered “sidewalk vendors” can operate from a pushcart, wagon, or other non-motorized conveyance or from his or her person, while on the public sidewalk or walk path. A “sidewalk vendor” may be roaming from place to place or stationary operating from a fixed location.

Senate Bill (SB) 946, also known as the Safe Sidewalk Vending Act, was signed into law on September 17, 2018 by Governor Jerry Brown and was effective on January 1, 2019. SB 946 adds Chapter 6.2 (commencing with Section 51036) to Part 1 of Division 1 of Title 5 of the California Government Code to regulate sidewalk vendors throughout the State. Specifically, SB 946 prohibits California cities and counties from banning sidewalk vendors from operating on public sidewalks. SB 946 also prohibits cities from regulating sidewalk vendors unless cities establish a permitting system that is consistent with the provisions of SB 946. SB 946 also requires that any restrictions placed on sidewalk vendors be directly related to objective health, safety, or welfare concerns. Community animus or economic competition does not constitute an objective health, safety, or welfare concern according to the statute.

Local jurisdictions that wish to regulate sidewalk vending are required to first adopt a program with regulations consistent with SB 946.

CITY COUNCIL AGENDA ITEM NO. H.1
2/27/2024
While SB 946 places many restrictions on the City, the intent behind the bill was to promote entrepreneurship and economic development opportunities for low-income and immigrant communities.

SB 972 was signed into law on September 23, 2022 by Governor Gavin Newsom and became effective on January 1, 2023. SB 972 amended the California Retail Food Code. It added a new definition of a “compact mobile food operation” under the definition of a “mobile food facility” to address sidewalk vendors who prepare food using a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance. SB 946 did not affect the applicability of the California Retail Food Code as to sidewalk vendors who sell food. The California Retail Food Code allowed criminal penalties for violations. However, SB 972 de-criminalized the California Retail Food Code.

The effect of these bills is that SB 946 and Senate Bill 972 have fully decriminalized sidewalk vending and only administrative citations are now allowed.

MOBILE VENDING FROM MOTORIZED VEHICLES
Mobile vending means the selling, advertising, promoting, offering, or soliciting to sell, convey, barter, or trade food, products, goods, merchandise, and/or services from a mobile food facility or mobile vending facility. Mobile vending may be conducted from a “Mobile food facility” which means any vehicle used in conjunction with a commissary. “Mobile vending facility” means both a “mobile food facility” and any vehicle used in conjunction with mobile vending. The term is further defined as any motor vehicle or device, including, but not limited to, cars, trucks, and vans, or any vehicle or device that is pushed, pulled, carried, towed or otherwise transported by a motor vehicle or device and equipped to store, prepare, serve, advertise, promote, offer, convey, barter, trade, solicit and/or sell food, foodstuffs, food products, and all associated wares, goods, and merchandise.

California Vehicle Code Section 22455 allows cities to adopt ordinances adopting time, place, and manner restrictions that are required for public safety regarding vending from vehicles upon any street. California Health and Safety Code Section 114315 provides cities similar authority to enact time, place, and manner restrictions for public safety. The California Constitution also endows cities with police powers to promote the public health, safety, and general welfare of its citizens, which applies to mobile vending on both public and private property and concerning the sale of food, goods, and/or services.

ANALYSIS
Staff is proposing two new ordinances regulating sidewalk vending and mobile vending from motorized vehicles in order to comply with new State laws and to adopt

CITY COUNCIL AGENDA ITEM NO. H.1
2/27/2024
new standards to protect public health and safety. The proposed ordinances allow these types of businesses to operate in the City, but create robust new standards that are clearer and easier to understand for both residents and businesses and are more enforceable.

Proposed Sidewalk Vending Ordinance
The proposed ordinance is compliant with SB 946 and SB 972 and proposes several time, place, and manner restrictions. Below are some, but not all, of the new regulations.
 Requiring maintenance of sanitary conditions in compliance with Contra Costa County health requirements, and obtaining any applicable County permits to sell food;
 Complying with disability access standards;
 Obtaining a permit from the City and paying the appropriate permit fee, obtaining a business tax certificate, and requiring proof of a valid California seller’s permit for sales tax compliance;
 Obtaining liability insurance of no less than $1 Million;  Requiring an acknowledgment that a sidewalk vendor uses public property at their own risk;
 Requiring compliance with other generally applicable federal, state, county, and local laws;
 Requiring the provision of information on proposed vendor operations;  Prohibiting sidewalk vending within a certain radius of certain parks, farmer’s markets, swap meets, and temporary special events;
 Prohibiting stationary vendors in residential areas and placing hours of operation restrictions on roaming and stationary vendors;  Imposing distance restrictions from certain locations and other sidewalk vendors;
 Prohibiting vending of alcohol, cannabis, adult-oriented material, tobacco products, products that contain nicotine, any product or device used to smoke/vape nicotine or cannabis, fireworks, or any weapons (including knives, air soft guns, pellet guns, paintball guns, or anything that may resemble a gun); and
 Establishing administrative fines for violations.

Mobile Vending from Motorized Vehicles Ordinance
The current Mobile Vending Ordinance (Mobile Vending--BMC 5.68) (attached) has not been revised since 1996 and has become outdated relative to state law and the types of mobile vending that are most prevalent in Brentwood. The current ordinance is lacking precise definitions of the different types of mobile vendors, is inconsistent

CITY COUNCIL AGENDA ITEM NO. H.1
2/27/2024
with the State’s new sidewalk vending regulations, does not specify hours of operation in residential zones, does not address special events, and does not address vending of prohibited materials (e.g. drug paraphernalia or fireworks). Staff is recommending to repeal and replace the current ordinance in its entirety due to the number of changes proposed.

The proposed Mobile Vending from Motorized Vehicles Ordinance (attached) includes more precise definitions, new regulations for hours of operation and requires a new type of permit from the City in addition to a business tax certificate. Below are some, but not all, of the updated regulations.
 Obtaining a health permit from Contra Costa County, if applicable;  Obtaining a permit from the City as well as a business tax certificate from the City, and payment of all applicable fees;
 Identification documentation requirements;
 Location and siting requirements, including distance from certain locations and other mobile vendors, and time restrictions;
 Placing hours of operation restrictions;
 Obtaining liability insurance in the amount of $1 Million;  Requiring compliance with the City’s sign regulations and noise level regulations;
 Prohibiting vending of alcohol, cannabis, adult-oriented material, tobacco products, products that contain nicotine, any product or device used to smoke/vape nicotine or cannabis, fireworks, or any weapons (including knives, air soft guns, pellet guns, paintball guns, or anything that may resemble a gun);
 Establishing violations of the ordinance as a misdemeanor; and  Adds a definition for a long-term mobile vending facility, which would need to comply with requirements contained in Title 17 (Zoning) of the Brentwood Municipal Code.

Time Limits
Mobile vending facilities are moveable, located outside, and must be moved to a commissary at night. They may be temporary uses, or, if they comply with the requirements of Title 17 (Zoning) of the Brentwood Municipal Code, may operate as a long-term mobile vending facility. Section 5.68.050(M), Operating Regulations, stipulates that, except for long-term mobile vending facilities, mobile vending shall not occur on the same private property more than a cumulative four (4) days within a thirty-day period. Title 17 (Zoning) of the Brentwood Municipal Code shall govern the term allowed for a long-term mobile vending facility.

CITY COUNCIL AGENDA ITEM NO. H.1
2/27/2024
There may be circumstances where mobile vending facilities could operate for a longer period of time or on a semi-permanent basis; could potentially include during a restaurant remodel or as part of a new development project that includes an onsite commissary.

Staff requests that the City Council provide direction regarding whether to create new regulations in the Zoning Ordinance (Title 17) for longer-term mobile vending facilities as part of the focused Zoning Ordinance update already underway. Title 17 is a more appropriate place for regulating more permanent land uses than Title 5, which regulates the licensing and taxing of businesses in the city, not land use requirements related to those businesses. In the event that the Council directs staff to add regulations to Title 17, the attached ordinance includes a definition for “long term mobile vending facility” (Section 5.68.020(J)) that are allowed by the underlying zoning district and exempts them from the cumulative four day limit (Section

5.68.050(M)). This ensures that any future regulations will not conflict with the attached Ordinance. If the Council is not interested in allowing longer-term mobile vending facilities, then Council could direct staff to delete references to long term mobile vending facilities from the attached ordinance.

Effective Date
As described below, staff is conducting extensive public outreach for the February 27 City Council hearing and will conduct additional outreach to mobile vendors if the ordinance is adopted by the City Council. The attached Mobile Vending Ordinance includes an effective date of June 1, 2024. If adopted, the ordinance’s later effective date will allow staff ample time to conduct outreach to the effected businesses and allow those businesses additional time to prepare for obtaining a permit from the City.

COMMUNITY OUTREACH
Prior to the City Council meeting, a notification letter was mailed and emailed to 59 businesses that City staff identified as Mobile Vendors with either an active City of Brentwood Business Tax Certificate, or individuals who expressed interest in obtaining information regarding upcoming revisions. The letter included details regarding the proposed municipal code revisions, the date/time of the City Council meeting, information about when/where the agenda with the draft ordinances would be available, as well as information pertaining to submitting public comments. The letter was also shared with the Downtown Brentwood Coalition, the Chamber of Commerce, and the Foodie Crew, as they provide mobile food vendor event planning services.

CITY COUNCIL AGENDA ITEM NO. H.1
2/27/2024
If the City Council adopts the two new ordinances, Community Development staff will conduct further outreach to the businesses impacted by the new regulations. This will include making contact with businesses directly, social media posts, and advertisements in local publications. A Mobile Vending brochure will be circulated during the outreach. More detailed information regarding how to obtain a Mobile Vending or Sidewalk Vending permit with a link to the applications will also be available on the City’s website. Community Development staff will continue to collaborate with other departments involved with both Mobile Vendors and Sidewalk Vendors, including Finance, Police and Parks & Recreation.

In addition, a handout has been created for Sidewalk Vending that can be utilized by staff from other departments that will be interacting with sidewalk vendors to provide direction regarding the requirements for a Sidewalk Vending permit (e.g. Police Department and Parks & Recreation in conjunction with special events or when located within the parks).

ENFORCEMENT
SB 946 and SB 972 have fully decriminalized sidewalk vending, therefore only administrative citations are allowed. Enforcement of both ordinances would be conducted primarily by the Community Enrichment division after community outreach and education efforts related to the new regulations. The Police Department may issue warnings and assist with educating sidewalk vendors but would be focused on enforcement only for the most imminent hazards to public safety.

PUBLIC COMMENT
Prior to the City Council meeting, the City Council received one comment from Rocio Parra and Victoreano Varela regarding operating a catering trailer. The comment is attached for City Council reference.

CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.

PREVIOUS ACTION
Previous action by the City Council is included as Attachment 1.

DATE OF NOTICE
Not Applicable.

CITY COUNCIL AGENDA ITEM NO. H.1
2/27/2024

ENVIRONMENTAL DETERMINATION
The two Ordinances are exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as they are not a “project” and have no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. 14 Cal. Code Regs. § 15378(a).

Further, the Ordinances are exempt from CEQA as there is no possibility that either Ordinances or their implementation would have a significant negative effect on the environment. 14 Cal. Code Regs. § 15061(b)(3). The City Clerk shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.

ALTERNATIVE OPTION(S)

1. Do not approve staff’s recommendation.

2. Modify staff’s recommendation based on legally defensible findings.

3. Continue the item with direction for staff to return with additional information.

ATTACHMENT(S)

1. Previous Action

2. Current Mobile Vending Ordinance --BMC 5.68

3. Sidewalk Vending Ordinance

4. Mobile Vending Ordinance

5. January 26, 2024 Public Comment

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

On July 12, 1994, the City Council adopted Urgency Ordinance No. 590, establishing a temporary moratorium on use permits for vending operations.

On August 23, 1994, the City Council adopted Ordinance No. 544, extending the moratorium on the processing of new use permits for mobile vending operations for an additional ten months and fifteen days.

On December 27, 1994, staff returned to the City Council seeking direction regarding ordinance regulations pertaining to mobile vending operations. Council directed staff through the Planning Commission to develop an ordinance to regulate mobile vending operations.

On March 7, 1995, the Planning Commission adopted Resolution No. 95-08, recommending adoption of Mobile Vending Ordinance No. 551.

On April 25, 1995, the City Council conducted a public hearing on the introduction of Ordinance No. 551, Mobile-Vending, which was proposed by the Planning Commission to establish processing procedures, design and location guidelines for mobile vendors. The City Council declined to adopt Ordinance No. 551, and directed staff to develop an alternate ordinance restricting motorized vending to two hours per day per location.

On May 30, 1995, the City Council approved the introduction and waived the first reading of Mobile Vending Ordinance No. 554.

On June 13, 1995, the City Council adopted Ordinance 554, establishing business license requirements and standards for mobile vending with an effective date of October 1, 1995.




















 
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD, AMENDING THE DEFINITION OF “PEDDLER”
IN SECTION 5.48.020 AND ADDING CHAPTER 5.64 TO THE
BRENTWOOD MUNICIPAL CODE; IMPOSING REGULATIONS

ON SIDEWALK VENDING IN COMPLIANCE WITH SENATE
BILL 946; AMENDING SECTION 7.02.210 REGARDING
VENDORS IN PARKS; AND DETERMINING THE ORDINANCE

TO BE EXEMPT FROM CEQA
WHEREAS, the City of Brentwood, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and
WHEREAS, pursuant to the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote the public health, safety, and general welfare of its citizens, including sidewalk vending, as long as these are consistent with SB 946; and
WHEREAS, in 2018, the California Legislature passed SB 946 which prohibits cities from regulating sidewalk vendors, except in accordance with the provisions of SB 946; and
WHEREAS, SB 946 authorizes the implementation of regulations that are directly related to objective health, safety, or welfare concerns, and that do not restrict sidewalk vendors to operate only in a designated neighborhood or area, except as specified; and
WHEREAS, the permit requirements proposed are consistent with SB 946, as they are reasonable, related to objective health, safety, and welfare concerns, and are based upon compliance with other generally applicable laws including the Americans with Disabilities Act and the City’s general encroachment permit requirements for work and/or activities in the public right of way; and WHEREAS, the standards imposed on stationary sidewalk vendors requiring a minimum path of accessible travel are necessary to comply with the Americans with Disabilities Act and maintain minimum safe access along public sidewalks; and WHEREAS, standards for maintaining access to building entrances, and not blocking driveways, fire hydrants, parking areas and building storefront windows are necessary to guard the health and safety of patrons, drivers, vendors and existing business owners and promote fire suppression and law enforcement practices that allow the City’s safety personnel to observe activities within buildings and maintain access; and
WHEREAS, the City Council finds and determines that the installation, repair, maintenance, and removal of encroachments in the rights-of-way must be regulated in order to protect the public health, safety, and welfare and to provide for the orderly administration and maintenance of the public rights-of-way for the benefit of the

community, while at the same time allowing reasonable accommodation and cooperative flexibility for providing necessary utility and other convenience services to the community; and
WHEREAS, the City Council finds that public and private persons who maintain and/or install encroachments in the public way bear a responsibility to help preserve the right-of-way and to contribute to the administrative and liability costs incurred by the community and caused by such encroachments; and
WHEREAS, the City Council finds that, unless properly regulated, sidewalk vending poses a unique risk to the health, safety, and welfare of the public, including, but not limited to, impacts to traffic, pedestrian safety, mobility, unsanitary conditions involving food preparation, risks to children, and consumer protection; and WHEREAS, the inherent nature of sidewalk vending and the ability of such vendors to be located on private property and public streets and move quickly from place to place in the community, including near parks, schools, and other places frequented by children, warrants imposing certain regulatory measures, including requiring background checks, to protect the health, safety, and welfare of the community; and
WHEREAS, SB 946 continues to authorize cities to prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market and a permitted swap meet, as specified, and to restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by a city; and
WHEREAS, fraud or misrepresentation in the course of vending constitutes an objective harm to the health, safety, and welfare of the City’s residents; and WHEREAS, fraud or misrepresentation in the application for the permit constitutes an objective harm to health, safety, and welfare of the City’s residents; and
WHEREAS, vending in a manner that creates a public nuisance or constitutes a danger to the public constitutes an objective harm to the health, safety, and welfare of the City’s residents.

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

SECTION 1. The recitals set forth above are true and correct and are hereby adopted as findings in support of this Ordinance as if fully set forth herein.

SECTION 2. The definition of “peddler” in Section 5.48.020 of the Brentwood Municipal Code is amended as follows (new language in underline):
““Peddler” means a person who goes uninvited from door to door, or place to place,

to sell, offer or solicit anything or service, whether for present or future delivery. “Peddler” includes, but is not limited to, a hawker, itinerant merchant without a fixed place of business in the city, or solicitor proposing orders for future delivery or future service. A “peddler” shall not mean a sidewalk vendor as defined in Section 5.64.020 of the Brentwood Municipal Code.”
SECTION 3. Chapter 5.64 is hereby added the Brentwood Municipal Code to read as follows:

Chapter 5.64 – Sidewalk Vending

5.64.010 Purpose.

5.64.020 Definitions.

5.64.030 Permit Required.

5.64.040 Review of Permit Application; Decision.

5.64.050 Permit Expiration and Renewal.

5.64.060 Permit Rescission.

5.64.070 Appeals.

5.64.080 Permits Nontransferable.

5.64.090 Permits Temporary.

5.64.100 Areas Where Vending Prohibited.

5.64.110 Restrictions on Sidewalk Vendors in Certain Areas.

5.64.120 Operating Requirements.

5.64.130 Violations – Penalties.

CHAPTER 5.64

SIDEWALK VENDING

5.64.010 PURPOSE.

The City finds that the vending of prepared or pre-packaged foods, goods and/or wares at semi-permanent locations on public sidewalks and rights-of-way may pose unsafe conditions and special dangers to the public health, safety, and welfare of residents and visitors. The purpose of this Chapter is to implement regulations on both roaming and stationary sidewalk vending that protect the public health, safety, and welfare of the community while complying with the requirements of state law, as amended from time to time, to promote safe vending practices, prevent safety,

traffic, and health hazards, and preserve the public peace, safety, and welfare of the community.

5.64.020 DEFINITIONS.

The following words and phrases, whenever used in this Chapter, shall mean as follows:
“Adult oriented material” means any book, magazine, photograph, drawing, sculpture, audio/visual representation or other merchandise which is characterized by exposure of specified anatomical areas or sexual activities. “Applicant” means any person who is applying for a sidewalk vendor permit pursuant to this Chapter.
"Cart" means any pushcart, pedal-driven cart, wagon, bicycle, tricycle, display, rack, showcase, stand, table, display, or other non-motorized conveyance (not a vehicle as defined in the California Vehicle Code), other wheeled container or mechanism or from one's person, and includes a stationary cart or a roaming cart. "California Retail Food Code" means Part 7 of Division 104 of the California Health and Safety Code (commencing at Section 113700).
"Certified farmers’ market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter. “City” means the City of Brentwood.
“City Manager” means the City manager of the City of Brentwood, or their designee.
“County” means Contra Costa County.
"Director" means the Finance Director of the City of Brentwood, or their designee. “Food" means any type of edible substance or beverage.
"Goods" or "merchandise" means any items and products of every kind and description, including all food, produce, and beverage items. “Health Department” means Contra Costa County Environmental Health or other division within Contra Costa County regulating the vending of food. "Health Department Permit" means any and all licenses, permits, certifications, and courses required and issued by the Health Department to vend food within the City in accordance with this Chapter.
"Person" shall mean one (1) or more natural persons, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies,

partnerships, entities, associations, clubs, or organizations composed of two (2) or more individuals (or the manager, lessee, agent, servant, officer, or employee of any of them), whether engaged in business, non-profit, or any other activity. "Roaming sidewalk vendor or vending" has the same meaning as set forth in Government Code section 51036(b), and includes a sidewalk vendor who moves from place to place and stops only to complete a transaction. "Rules and regulations" means the rules and regulations, if any, established and adopted by City Council resolution, concerning the sidewalk vending program that are intended to clarify and aid in the administration and enforcement of this Chapter.
"Sidewalk'' means any paved surface in the public right-of-way provided for the use of pedestrians and includes pedestrian paths, parkways, public sidewalks, or other interests therein owned, held, leased, operated or otherwise controlled by the City.
"Sidewalk vendor" has the same meaning as set forth in Government Code section 51036 (b), and includes a person who vends, offers to sell, operates, engages in, or carries on a food or goods/merchandise vending business from a pushcart, stand, display, pedal driven cart, wagon, showcase, rack or other nonmotorized conveyance (that is not a vehicle as defined in the California Vehicle Code), or from one’s person, upon a public sidewalk, pedestrian path or other public right-of-way available to pedestrians.
"Sidewalk vending permit' means a permit issued by the City to vend food, goods or merchandise within the City in accordance with this Chapter. "State seller's permit" means a permit issued by the California Department of Tax and Fee Administration.
"Stationary sidewalk vendor or vending" means a sidewalk vendor who vends from a fixed location.
"Swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article. "Temporary special permit" means an event authorized by a permit issued by the City for the temporary use of, or encroachment on, the sidewalk or any other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts.
"Vend" or "vending" means to sell, offer for sale, display for sale, or solicit offers to purchase food, food products, beverages, goods, or merchandise.

5.64.030 PERMIT REQUIRED.

A. No person, either for themselves or any other person, shall conduct or engage in sidewalk vending within the City without first obtaining a sidewalk vending permit pursuant to this Chapter, unless otherwise approved as part of a Special Event Permit (BMC 7.02.020) issued by the City of Brentwood.

B. Prior to operating, a sidewalk vendor shall submit a sidewalk vending permit application to the City’s Finance Department. To apply for a sidewalk vending permit, a person must file an application with the Director, or his or her designee, accompanied by a non-refundable application fee in an amount established by resolution of the City Council. The application shall be in a form prescribed by the Director and shall contain, at a minimum, the following:

1. Valid identification, such as a State of California driver's license or identification number, an individual taxpayer identification number, Social Security number, or any other government-issued identification card.

2. The full legal name, address and telephone number (business and residential) of the sidewalk vendor.

3. Applicant's height, weight, and color of eyes and hair;

4. One (1) photograph of the applicant at least two (2") inches by two (2") inches taken within four (4) months preceding the date of the application;

5. If the applicant is an agent of an individual, company, partnership, corporation, or other entity, the name and business address of the principal.

6. The name and contact information of all persons that will be employed as roaming sidewalk vendors or utilizing a cart for sidewalk vending.

7. Whether the Sidewalk vendor intends to operate a Stationary vending cart, a Roaming vending cart, or some other kind of display.

8. Proposed location of operation. An application for placement of a Stationary vending cart in a non-residential area of the City must contain the proposed location, marked by major cross streets, a photo or sketch of such location on a 8 inch by 11 inch sheet of paper, and the hours per day and the days per week during which the stationary sidewalk vendor proposes to operate at the location(s) or area(s).

9. The type of food, goods and/or merchandise the Sidewalk vendor will vend. If the sidewalk vendor is selling merchandise, a description of the merchandise to be sold. If the sidewalk vendor is selling food, a description of the food to be sold.

10. The dimensions of the vending cart, not to exceed fifteen (15) square feet, and also not exceed a linear distance greater than five (5’) feet, on any one side. Merchandise such as banners, flags, and pennants must be displayed directly on the cart and may not extend above or beyond the cart. An umbrella not exceeding six (6’) feet in diameter may be attached to the cart. Include a photo of the vending cart and any signs that will be affixed to the vending cart;

11. Proof of a valid City business tax certificate submitted application. A City Business Tax Certificate shall be issued at the time the sidewalk vending permit is approved. While both the sidewalk vending permit application and business tax certificate application shall be submitted concurrently, the City shall not process payment for the business tax certificate application unless the sidewalk vending permit application is approved.

12. Proof of liability insurance, to be kept in force during the term of the permit, for public liability and bodily injury, issued by a California admitted insurance carrier or an insurance carrier with an A.M. Best rating of A-VII or better.

The insurance policy shall be endorsed to state that coverage may not be suspended, voided, canceled or reduced in coverage or limits without thirty (30) days' prior written notice to the City. The insurance policy shall insure the sidewalk vendor and shall name the City and its officers, agents, volunteers and employees as additional insureds against loss by reason of injury or damage that may result to persons or property from the negligent operation or defective construction of the Cart, or from violation of this Chapter or of any other law of the state or the United States.

The insurance policy shall be in the sum in an amount not less than $1 million.

13. An acknowledgment that the sidewalk vendor will obtain and maintain any insurance required by this Chapter and/or the Director throughout the duration of any permit issued under this Chapter;

14. The application or renewal fee, which shall be non-refundable.

15. Proof of a valid California Department of Tax and Fee Administration seller's permit and additional licenses from state or local agencies to the extent required pursuant to Revenue and Taxation Code Section 6067.

16. Proof of a valid Contra Costa County Health Department Permit for food-related vending, if applicable, except when the sidewalk vending consists solely of twenty-five (25) square feet or less of display area from which only prepackaged non-potentially hazardous food and whole uncooked produce will be sold. If potentially hazardous food or cooked produce will be sold or the food or the display area is greater than twenty-five (25) square feet, the vendor must provide a copy of the County Health Department issued to the vendor. Proof of any other County Health Department requirement for food-related vending, as such requirements may be amended from time to time.

17. Proof of a valid certificate of completion of a food handler course, if applicable.

18. A list of all convictions for any felony or misdemeanor (exclusive of any violations not constituting a felony), the nature of the offense, and the place, date, and disposition of the charge, including the penalty assessed.

19. An affidavit signed by the applicant attesting that the information provided in the application is true and correct and that the applicant has not been found guilty or pled no contest to any of the following within five years prior to the date of the application: any crime involving driving under the influence of alcohol or other controlled substance; any crime involving reckless driving; any offense resulting in the suspension of a driver’s license; a criminal assault; any child annoyance or sex-related crime; any drug-related misdemeanor or felony; the sale, distribution or display of obscene material; or indecent exposure.

20. A statement as to whether or not the applicant has ever had any license or permit issued by any agency or board, city, county or state revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reason(s) for the revocation(s).

21. A statement as to the number of carts to be used.

22. Certification by the applicant under penalty of perjury that the information contained in the application is true to his or her knowledge and belief;

23. If a vendor of food or food products, proof of all required approvals from the Contra Costa County Health Department;

24. An acknowledgment that the sidewalk vendor will comply with all other generally applicable local, State, and Federal laws;

25. Any additional licenses from other State or local agencies to the extent required by law;

26. An acknowledgment that use of public property is at the sidewalk vendor’s own risk, the City does not take any steps to ensure public property is safe or conducive to the sidewalk vending activities, and the sidewalk vendor uses public property at their own risk;

27. Any other relevant information required by the Director; and

28. Any other reasonable information regarding the time, place, and manner of the proposed vending.

29. For a Stationary vendor, an encroachment permit pursuant to Chapter

12.08 of the Brentwood Municipal Code.

5.64.040 REVIEW OF PERMIT APPLICATION; DECISION.

A. The Director, or his or her designee, shall approve the issuance of a permit unless he or she determines that:

1. Information contained in the application, or supplemental information requested from the applicant, is materially false, misleading, or fraudulent;

2. The applicant has failed to provide a complete application, after having been notified of the requirement to produce additional information or documents;

3. The applicant has failed to demonstrate an ability to conform to the prohibitions, restrictions, and operating standards set forth in Sections 5.64.100, 5.64.110, and 5.64.120 of this Chapter;

4. The applicant has failed to pay any previous administrative citations, fines, complete any community service, and/or complete any other alternative disposition associated with a previous violation of this chapter; or

5. Within three (3) years of the date of the application, the applicant has either been convicted of a felony or misdemeanor involving moral turpitude, the applicant has been convicted in a court of competent jurisdiction or pled nolo contendere to any felony offense involving the sale of a controlled substance specified in California Health and Safety Code sections 11054, 11055, 11056, 11057 or 11058, or, at the time of application, the applicant is on probation or parole for any offenses set forth in this section for an offense that was committed within three (3) years of the date of the application.

B. If the permit is denied, written notice of such denial and the reasons therefor shall be provided to the applicant by mail, postage prepaid, at his or her last known address within seven (7) calendar days.

C. Exemptions. A sidewalk vending permit shall not be required for the following activities:

1. The sale of agriculture products on the site where the product is grown.

2. Catering for private parties held exclusively on private property and not open to the general public.

3. Events permitted pursuant to a lawfully issued temporary event permit including but not limited to a Certified Farmers’ Market, Swap Meet, street fairs, outdoor concerts, sport league opening day, and business sidewalk sales.

4. First Amendment protected vending.

5.64.050 PERMIT EXPIRATION AND RENEWAL.

A sidewalk vending permit shall be valid for a calendar year: twelve (12) months, or fraction thereof, from the date of issuance. The business tax certificate shall coincide and expire concurrently with the sidewalk vending permit and both become null and void if the vendor fails to renew each year. Renewal forms will be mailed to the address provided by the applicant prior to the expiration of his or her active sidewalk vending permit. The annual permit is not subject to proration.

5.64.060 PERMIT RESCISSION.

A. The Director may suspend or rescind a permit issued to a sidewalk vendor for a third violation or subsequent violation of this Chapter, at his or discretion, for any of the following reasons:

1. Fraud or misrepresentation in the course of vending;

2. Fraud or misrepresentation in the application for the permit;

3. Vending in a manner that creates a public nuisance or constitutes a danger to the public.

B. Notice of the suspension or rescission of a permit issued to a sidewalk vendor under this Chapter shall be mailed, postage prepaid, to the holder of the sidewalk vendor permit at his or her last known address.

C. A sidewalk vendor whose permit is rescinded may apply for a new sidewalk vending permit upon the expiration of the term of the rescinded permit.

5.64.070 APPEALS.

In the event that any applicant or permittee desires to appeal from any order, rescission, or other ruling of the Director made under the provisions of this Chapter, such applicant or any other person aggrieved shall have the right to appeal such action or decision to the City Manager within fifteen (15) days after the notice of the action or decision has been mailed to the person's address as shown on the permit application. An appeal shall be taken by filing with the City Clerk a written appeal statement setting forth the grounds for the appeal, along with the City’s appeal fee, which shall be established by City Council resolution. The filing of the appeal shall stay the enforcement of any decision suspending or rescinding the permit. The Director shall transmit the written statement to the City Manager within ten (10) days of its filing and payment of the appeal fee, and the City Manager shall set a time and place for a hearing on appeal. A hearing shall be set not later than sixty (60) days from the date of filing of the applicant's written appeal statement with the City Clerk. Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the mailing of notice of suspension or rescission at least seven (7) days prior to the date set for the hearing. At the hearing, the appellant and the City shall be entitled to legal representation and may present relevant evidence, testify under oath, and call witnesses who shall testify

under oath. The City Manager, or designee, shall not be bound by the traditional rules of evidence in a hearing, except that hearsay evidence may not be the sole basis for the decision of the City Manager or designee. The City Manager, or designee, may continue the hearing as deemed necessary. The decision of the City Manager, or designee, on the appeal shall be final and binding on all parties concerned.

5.64.080 PERMITS NONTRANSFERABLE.

No permit granted pursuant to this Chapter shall be transferable. Any change in ownership or operation of a sidewalk vendor or vending cart requires a new permit under this Chapter.

5.64.090 PERMITS TEMPORARY.

Permits shall be considered temporary and non-permanent in nature and permittees shall have neither property interest in, nor any entitlement to, the granting or continuation of any such permit.

5.64.100 AREAS WHERE VENDING PROHIBITED.

A. Vending Prohibited in Certain Parks. Stationary sidewalk vendors are prohibited from vending in parks where the city has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire. Stationary sidewalk vendors and roaming sidewalk vendors may vend in parks that do not have signed agreements for exclusive food or merchandise concessionaires if they comply with all the requirements of this Chapter.

B. Vending Prohibited Near Farmers’ Markets. Sidewalk vendors are prohibited within three hundred (300) feet of a permitted certified farmers’ market during the limited operating hours of that certified farmers’ market. A "certified farmers’ market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code, as may be amended, and any regulations adopted pursuant to that chapter.

C. Vending Prohibited Near Swap Meets. Sidewalk vendors are prohibited within three hundred (300) feet of a permitted swap meet during the limited operating hours of that swap meet. A "swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, as may be amended, and any regulations adopted pursuant to that article.

D. Vending Prohibited Near Temporary Special Events. Sidewalk vendors are prohibited within three hundred (300) feet of an area designated for a temporary special event for the limited duration of the temporary special event permit.

A "temporary special event" is a special event authorized by a special event permit issued by the City of Brentwood, for the temporary use of, or encroachment on, the

sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, temporary event permit, contract, license agreement, temporary use permit, or any similar approval for purposes including, but not limited to, filming, parades, sporting events, festivals, carnivals, or outdoor concerts.

5.64.110 RESTRICTIONS ON SIDEWALK VENDORS IN CERTAIN AREAS.

A. Stationary sidewalk vendors are prohibited in areas that are zoned exclusively for residential use. This prohibition does not extend to roaming sidewalk vendors.

B. Sidewalk vending is prohibited in areas with no sidewalks or with narrow sidewalks where the sidewalk vendor’s operation cannot still leave a minimum of forty-eight inches (48”) of accessible path of travel, without obstruction, along the public sidewalk or public pathway.

5.64.120 OPERATING REQUIREMENTS.

A. No sidewalk vendor shall vend in any of the following locations:

1. Areas where vending is specifically prohibited in accordance with section 5.64.110.

2. Within three hundred (300) feet of:
a. A permitted certified farmers’ market during the operating hours of the farmers’ market and for one (1) hour before and one (1) hour after such operating hours.
b. A permitted swap meet during the operating hours of the swap meet and for one (1) hour before and one (1) hour after such operating hours.
c. An area designated for a temporary special permit during the duration of the approved temporary special event permit and for one (1) hour before and one (1) hour after such operating hours.

3. Within one hundred (100) feet of:
a. A police officer, firefighter, lifeguard, or emergency service personnel who are actively performing their duties or providing services to the public.
b. A freeway on ramp or a freeway off ramp.

4. Within twenty-five (25) feet of:
a. A street corner, controlled intersection, marked crosswalk, or the curb return of any unmarked crosswalk.

b. A traffic signal, traffic signal controller, or other emergency facility.
c. A fire hydrant or fire call box.
d. A curb that has been painted white, yellow, green, blue, or red. e. A bus stop, bus shelter, or bus bench.
f. The entrance, exit, or emergency exit to a building, structure, or facility.
g. Trash receptacle, bike rack, public restroom, park
benches/tables, benches in the downtown area, or similar public use items.
h. An automated teller machine.
i. An outdoor dining area.
j. Another sidewalk vendor.
k. Any pedestrian or vehicular entrance to any school facility.

5. Within ten (10) feet of:
a. A driveway, driveway apron, or alley approach.
b. A utility meter, manhole, service box, tree well, streetlight pole, power pole, telecommunications pole, or other utility.

B. Sidewalk vending shall be limited to the following hours:

1. In residential areas (zoned exclusively for residential use), sidewalk vending shall be permitted between 9:00 a.m. and 9:00 p.m.

2. In nonresidential areas, sidewalk vending shall be permitted between 8:00 a.m. and 10:00 p.m. but these hours shall not be more restrictive than the hours of operation of other businesses or uses on the same street.

C. No sidewalk vendor shall vend in a manner that blocks or impedes the free movement of pedestrians or vehicles. Sidewalk vendors must at all times provide a clearance of not less than four (4) feet on all sidewalks or pedestrian areas so as to enable persons to freely pass while walking, running, or using mobility assistance devices and to comply with the Americans with Disabilities Act of 1990 (Public Law 101336) and any other disability access standards.

D. All food and goods/merchandise shall be stored either inside or affixed to a sidewalk vending cart or carried by the sidewalk vendor. Food and merchandise shall not be stored, placed, or kept on public property. Food and merchandise