Brentwood City Council
March 12, 2024

MARCH 12, 2024, 7:00 PM

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

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

1. IN PERSON:
a. Members of the public can provide in-person comments in the Council Chambers.

Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chambers will have seating available for members of the public to attend in person up to full seating capacity.

2. REMOTE (if enabled): Remarks by members of the public participating via Zoom are limited to speaking on items listed under public hearings; business items; and requests for future agendas items, existing requests. Zoom participation during the general public comment period will not be accepted, except in the event a City Council Member is participating remotely under the provisions of Government Code § 54953 (f). a. Zoom: www.brentwoodca.gov/vcc or Zoom Webinar ID: 760 1397 0037 b. Zoom Phone Numbers. Dial Toll Free: (833) 548-0276 or (833) 548-0282 or (877) 853-5247.
c. During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. (If you need instructions on how to use this feature, please contact the City Clerk by noon of the meeting date at [email protected] or 925.516.5182.)

3. E-MAIL
a. Public comments can also be submitted via e-mail to [email protected].

Any public comments received up until 3:00 p.m. of the meeting date will be:

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

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

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

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

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

March 12, 2024, 7:00 p.m.

City Council Chambers
150 City Park Way
Brentwood, CA 94513
City Council Zoom Link
A. CALL TO ORDER & ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. REPORT ON CLOSED SESSION
D. PUBLIC COMMENTS
Pursuant to Council/Administrative Policy, Meeting Rules and Procedures section 5.2 (Decorum Generally – Public), comments by members of the public are generally limited to five minutes, or less time if a large number of speakers is anticipated, or if approved by the Mayor. Speakers desiring answers to questions should direct them to the Council/Successor Agency and, if relevant, they may direct them to the appropriate staff member. Speakers can also follow up directly with staff during regular City business hours.

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

During this portion of the meeting those present in the Council Chambers are permitted to speak on items that are listed under Presentations; Informational Reports; Consent Calendar; Requests for Future Agenda Items- New Items; or items not on the agenda during this portion of the meeting. Public comments for scheduled agenda items should wait until that time.

Zoom participation during this general public comment period will not be accepted.

E. PRESENTATIONS
E.1 Presentation from First 5 of Contra Costa
F. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES, LIAISONS, AND STAFF This portion of the agenda is to provide an opportunity for Council Members to report on attendance at events, subcommittee meetings, and entities on which the Council Member has been appointed as a liaison and for staff to provide brief updates and/or information to the City Council.

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

G.1 Minutes of the City Council/Successor Agency meeting of February 27, 2024 G.2 A Proclamation Proclaiming World Down Syndrome Day on March 21, 2024 G.3 Review and approval of the General Plan Annual Progress Report for calendar year 2023 Title/Recommendation
Adopt a resolution finding that the Annual Progress Report accurately reflects the General Plan implementation for calendar year 2023; accepting the report as required by the State of California; and directing staff to forward the report to the Governor's Office of Planning & Research (OPR) and the State Department of Housing and Community Development (HCD).

G.4 Review and approval of the Housing Element Annual Progress Report for calendar year 2023.

Title/Recommendation
Adopt a resolution finding that the Annual Progress Report accurately reflects the Housing Element implementation for calendar year 2023; accepting the report as required by the State of California; and directing staff to forward the report to the Governor's Office of Planning & Research (OPR) and the State Department of Housing and Community Development (HCD).

G.5 Second Reading of a Zoning Text Amendment (RZ 23-005) to repeal and replace Local Density Bonus Regulations and Reference State Density Bonus Law, and modify the definition of Low-income household within the Brentwood Municipal Code.

Title/Recommendation
Staff recommends that the City Council waive the second reading of and adopt Ordinance No. 1068, 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 adopting 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.

G.6 Second reading of two ordinances to regulate non-motorized sidewalk vending along public sidewalks and mobile vending from motorized vehicles on public and private property and declaring the ordinances exempt from CEQA.

Title/Recommendation
Staff recommends that the City Council waive the second reading and adopt the following:
1) Ordinance No. 1069 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) Ordinance 1070 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 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 Ordinance or their implementation would have a significant negative effect on the environment. 14 Cal. Code Regs. § 15061(b)(3).

H. BUSINESS ITEMS
Persons addressing the City Council using Zoom are asked to raise their hands using the Zoom feature. Those attending in person and wishing to address the Council may do so from the podium. The Council may adopt reasonable regulations at the onset of each business item to facilitate public testimony. These regulations may include time limits. In the absence of such regulations, the item shall follow the protocol for Public Comments. Public comment on each of the following items is limited to what is described in the specific agenda item.

H.1 Approve the layout, amenities, and location for the former Davis Camp Site Historical Display project.

Title/Recommendation
Staff requests the City Council consider and approve the layout, amenities, and location of the interpretative historical display for the former Davis Camp site.

This action is 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 action may have a significant effect on the environment.

H.2 Juneteenth 2024 Update and Use of Existing General Fund Monies in an Amount Not to Exceed $45,000 for Juneteenth
Title/Recommendation
Receive update on plans for the City led 2024 Juneteenth Event and provide direction to City staff on a revised event budget with a not-to-exceed amount of $45,000 for the event.

H.3 Priority Projects for the 2024/25 and 2025/26 Economic Development Grant Program and funding sources for each project
Title/Recommendation
Approve the proposed allocation of funds for the Economic Development Grant Program Priority Projects category and funding sources for each project in the amount of $100,400, annually, for FY 2024/25 and FY 2025/26, as recommended by the Land Use & Development Committee and authorize the City Manager or designee to execute all grant documents.

H.4 Proposed update to the City’s Economic Development Grant Program Guidelines and Grant Application.

Title/Recommendation
Consider approving the proposed update to the Economic Development Grant Program Guidelines, and authorize staff to finalize the Grant Application, which will adhere to the City Council approved guidelines.

H.5 Consider an Ordinance amending Brentwood Municipal Code Chapter 2.46 (Park and Recreation Commission) and provide staff with direction on potential additional ordinance amendments
Title/Recommendation
Staff recommends that the City Council introduce and waive the first reading of an Ordinance amending Brentwood Municipal Code Chapter 2.46 (Park and Recreation Commission) and provide staff with direction on potential additional ordinance amendments.

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.

I. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Council Members wishing to have an agenda item placed on a future agenda shall make a request under this section of the agenda. These items will be included on the agenda for the next Council meeting

J. REQUESTED FUTURE AGENDA ITEM(S)
J.1 Consider a request from Council Member Mendoza related to potential updates to Affordable Housing Ordinance requirements
Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza from February 27, 2024, Council Meeting to consider updates to the following Affordable Housing Ordinance (BMC Chapter 17.725) requirements:

1. Percentage of allocations for Very Low, Low, and Moderate income units.

A potential increase to the minimum percentage of affordable units required in the Affordable Housing Ordinance

2. J.2 Consider a request from Council Member Mendoza related to potential updates to the Objective Design Standards
Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza from February 27, 2024, Council Meeting to consider updates to the objective design standards to require a park strip in front of sidewalks in new development.

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

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

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

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

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

POSTING STATEMENT
On March 7, 2024, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside City Hall, 150 City Park Way, Brentwood, CA 94513 and at our website www.brentwoodca.gov
A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov

1 CITY COUNCIL/SUCCESSOR AGENCY MINUTES
February 27, 2024, 7:00 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 7:01 p.m.

Roll Call found the following members present: Mendoza, Meyer, Pierson, Oerlemans, and Mayor Bryant.

B. PLEDGE OF ALLEGIANCE
Mayor Bryant led the Pledge of Allegiance.

C. REPORT ON CLOSED SESSION
There were no reportable actions.

D. PUBLIC COMMENTS
Mayor Bryant opened Public Comments.

Danny Dohrmann provided comments related to remote public comments and the traffic engineer's participation at the Planning Commission meeting.

Lisa Curry provided comments related to Business Item H.1.

Olga Vidriales provided comments related to the Brentwood Rotary Club's Sweetheart Run and thanked the City and City Staff for their participation and support.

There being no one else wishing to speak, Mayor Bryant closed Public Comments.

E. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,

LIAISONS, AND STAFF
Council Member Oerlemans reported on attendance at Police Activities League (PAL) board meeting, the 2024 State of the City, watched Planning Commission meeting, Quarterly Closed Session meeting with City Council, PAL Annual Crab Feed, Farmers Market, watched the Land Use and Development (LUD) meeting, and attendance at the Special City Council meeting on February 27, 2024.

Vice Mayor Meyer reported on attendance at the Age Friendly Communities ad hoc subcommittee meeting, presentation by Loki Mullholland, the 2024 State of the City, watched the Planning Commission and LUD meeting, attendance at two fundraisers for non-profits serving Choice in Aging and An

2 Elderly Wish Foundation, Heritage Culture Club Lunar New Year Celebration, and two California Alliance of Local Electeds (CALE) meetings.

Council Member Mendoza reported on attendance at the Latino Caucus Communications subcommittee board meeting, Heritage Culture Club Lunar New Year Celebration, League of California Cities Latino Caucus board meeting, LUD meeting, CALE meetings, presentation by former Mayor of Palo Alto Eric Filseth, watched Planning Commission meeting, 2024 State of the City, presentation by Loki Mullholland, and attendance at the Brentwood Lions Club Crab Feed.

Council Member Pierson reported on attendance at a meeting with City staff regarding the Juneteenth event, Age Friendly Communities as hoc subcommittee meeting, meeting with Amy Tilly with the Downtown Brentwood Coalition regarding the Juneteenth event, Special City Council meetings, 2024 State of the City, watched the Planning Commission meeting, attendance at the Brentwood Chamber of Commerce's Celebrating Brentwood Gala, and the LUD meeting.

Mayor Bryant reported on attendance at the Habitat Conservancy board meeting, PAL Annual Crab Feed, Quarterly Closed Session City Council meeting, Swearing In of new Brentwood Police Officer, and attendance at a Green Empowerment Zone meeting and a Airport Land Use committee meeting.

City Manager Tim Ogden provided an update on the Community Day of Service.

F. CONSENT CALENDAR
Items F. 1, F. 2, F. 3, F. 7, and F. 8 were pulled for discussion.

Vice Mayor Meyer provided the following statement related to Item F. 4:
"Through my work I have come to know individuals who work with Meals on Wheels Diablo Region nonprofit and they are being considered for Consent Item F. 4. My relationship with anyone involved with Meals on Wheels Diablo Region does not affect my ability to be a fair and impartial decision maker or to act with anything by the Public's best interest in mind."
The City Clerk read the title for Ordinance No. 1067.

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Adopted the Consent Calendar as recommended by staff with the exclusion of items F.1, F.2, F.3, F.7, and F.8.

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

3 Motion Approved (5 to 0)
F.1 Minutes of the City Council/Successor Agency meeting of February 13, 2024
Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Approved meeting minutes of February 13, 2024.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
F.2 Proclamation Proclaiming March as Women's History Month Council Member Pierson presented the Women's History Month proclamation to the Soroptimist International of the Delta.

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Tony Oerlemans, Council Member
Approved as presented.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
F.3 Proclamation Proclaiming March as Red Cross Awareness Month Mayor Bryant presented the Red Cross Month proclamation to Miki Tsubota, American Red Cross Leadership Council of Contra Costa County.

Moved by: Joel Bryant, Mayor
Seconded by: Susannah Meyer, Vice Mayor
Approved as presented.

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

4 F.4 Meals on Wheels Diablo Region operation of the senior nutrition program at the Brentwood Senior Activity Center.

Adopted Resolution 2024-17:

1. Approving a Memorandum of Understanding (“MOU”) with Meals on Wheels Diablo Region (“MOWDR”) for the senior nutrition program at the Brentwood Senior Activity Center;

2. Approving a fee waiver for MOWDR’s use of City facilities for FY 2024/25 and FY 2025/26.

3. Amending the Use of City Funds Policy 10-12 to replace “Contra Costa County Senior Nutrition Program” with “Meals on Wheels Diablo Region” as shown in the attached policy.

4. Approving the replacement of Contra Costa County Senior Nutrition Program with Meals on Wheels Diablo Region to receive the FY 2023/24 payment in the amount of $26,000.

F.5 Annexation #15 to Community Facilities District No. 5 Adopted Resolution No. 2024-18 approving Annexation #15 Boundary Map for City of Brentwood (“City”) Community Facilities District (“CFD”) No. 5.

Adopted Resolution No. 2024-19 declaring the intent to annex territory to Community Facilities District No. 5, levy a special tax in such territory and set a date of April 9, 2024, at 7:00 p.m., or as soon thereafter as the matter may be heard, for the Public Hearing.

F.6 Informational Report on Final Map of Subdivision No. 9535, Orchard Grove, developed by Shea Homes, LP, and associated Subdivision Improvement Agreement
Received and filed an informational report on Final Map approval by the City Manager of Subdivision No. 9535, Orchard Grove, developed by Shea Homes, LP, located east of Adams Lane, directly north of the intersection of Lone Oak Road and Gracie Lane (APN 016-040-005), and associated Subdivision Improvement Agreement.

5 F.7 2024 Park and Recreation Commission Commissioner
Recommendations
Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
By motion, appointed Blythe Lind and John Tomei to the Park and Recreation Commission for three-year term expiring on December 31, 2026, and Michelle Gallardo for a two-year term expiring on December 31, 2025.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
F.8 2024 Arts Commission, Commissioner Recommendations
Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
By motion, appointed Nina Koch and Bryan Stewart to the Arts Commission for a three-year term expiring on December 31, 2026.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
F.9 Award of contract to Unlimited Environmental, Inc. for the Brentwood Boulevard Widening North – Phase I (Building Demolition) Adopted Resolution 2024-20 approving the contract documents, awarding the bid and authorizing the City Manager or designee to execute a contract and necessary documents for the Brentwood Boulevard Widening North – Phase I (Building Demolition), CIP Project No. 336-31620, (“Project”) with Unlimited Environmental, Inc. (“UEI”) as the lowest responsible and responsive bidder in the amount of $55,405, plus funding authorization for a 20% contingency of $11,081, for a total funding authorization not to exceed amount of $66,486.

F.10 An amendment to Title 17 (Zoning) of the Brentwood Municipal Code regarding oil and gas regulations
Waived the second reading and adopted Ordinance No. 1067 removing oil and gas development as conditionally permitted uses in Planned Development District No. 17 and Planned Development District No. 55, requiring oil and gas development uses to be expressly listed as

6 permitted or conditionally permitted uses in a district to be permitted or eligible for conditional use permits, amending oil and gas production regulations, and finding the action exempt from CEQA (RZ 23-003).

G. PUBLIC HEARINGS
G.1 Application for Vesting Tentative Subdivision Map and Design Review approval for the Lone Tree Way residential project.

Mayor Bryant requested a continuance of the item at the recommendation of legal counsel.

Mayor Bryant opened public comments for those wishing to speak regarding the continuance of the item.

Danny Dohrmann provided comments inquiring on the reason for the continuance.

Jackie Seeno spoke as the applicant and requested the item be continued to a date certain.

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

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Tony Oerlemans, Council Member
By motion, item continued to a date uncertain.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
G.2 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.

Senior Planner Jennifer Hagen presented the item.

Mayor Bryant opened the Public Hearing.

There being no one wishing to speak on the item, it was moved/seconded by Meyer/Pierson to close the Public Hearing and carried unanimously.

Moved by: Tony Oerlemans, Council Member
Seconded by: Susannah Meyer, Vice Mayor
The City Council waived the first reading and introduced Ordinance No. 1068 approving an amendment (Rezone No. 23-005) to the Brentwood

7 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.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
H. BUSINESS ITEMS
H.1 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.

Code Enforcement Supervisor Robbie Portillo-Bienemann and Director of Community Development Alexis Morris presented the item.

Mayor Bryant opened the public comment period.

Rocio Parra, owner of Nena's Taco, provided comments requesting alternative permit requirements.

Karri Reiser spoke on behalf of the Chamber of Commerce in support of the item with possible exceptions as stated by previous speaker.

Deborah Spinola requested clarification on the details of the proposed ordinance.

Lisa Curry requested clarification on multiple points of interest related to the proposed ordinance.

Amy Tilly spoke on behalf of the Downtown Business Coalition in favor of the item and requested clarification on a couple points of interest.

Greg Robinson provided comments in support of the item with some case-by-case considerations.

Marivel Mendoza provided comments and additional considerations to the item.

Marisol Valles provided comments related to vendors at Sunset Park.

Danny Dohrmann provided comments regarding fairness and equity.

Vicky Little, owner of Sip-n-Scoop, provided comments from the perspective of a brick-and-mortar business who started as a mobile vendor.

Tom Gregory provided comments related to utilizing private property.

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

Prior to the vote, the City Clerk read the Ordinance titles into the record.

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Jovita Mendoza, Council Member
Introduced and waived first reading of Ordinance 1069 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.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Introduced and waived first reading of Ordinance 1070 repealing and replacing Chapter 5.68 of the Brentwood Municipal Code regarding Mobile Vending and Declaring the Ordinance Exempt from CEQA; and providing the following direction to staff:
 Return with a detailed staff report on regulations for long-term mobile vending facilities as part of the focused zoning or Ordinance update.
 Remove 5.68.050 M with the 4-day regulation from the draft Ordinance and return with a future staff report adding it to the Ordinance.
 Discuss fees that would be a part of the permit for the Council to further discuss and make a determination about.
 Provide information on a potential grant program for the fees.

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

9 I. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Council Member Mendoza requested the following future agenda items:
o Updates to the Affordable Housing Ordinance (BMC Chapter

17.725) as it relates to the percentage of allocations for Very Low, Low, and Moderate income units.
o Updates to the Affordable Housing Ordinance (BMC Chapter

17.725) as it relates to a potential increase to the minimum percentage of affordable units required.
o Updates to the Objective Design Standards to require a green strip in front of sidewalks in new developments.

J. REQUESTED FUTURE AGENDA ITEM(S)
J.1 Consider a Request from Council Member Mendoza for changes to the calendar on the City’s website.

Council Member Mendoza presented her request.

Mayor Bryant opened the public comment period.

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

Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Council Member
City Council directed staff to spend time and resources to consider changes to the City’s website as it relates to the City Calendar.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
J.2 Consider a request from Council Member Mendoza for City Council access to the Human Resource files of the City Council’s direct reports.

Council Member Mendoza presented her request.

Council Member Mendoza withdrew the request.

K. ADJOURNMENT
Adjourned in memory and honor of Rene De Luna, 2023 Brentwood Citizen of the Year.

Motion/second was made by Meyer/Mendoza to adjourn at 10:04 p.m. and carried unanimously.

CITY COUNCIL AGENDA ITEM NO. G.3
03/12/2024
SUBJECT: Review and approval of the General Plan Annual Progress Report for calendar year 2023
DEPARTMENT: Community Development Department
STAFF: Alexis Morris, Director of Community Development Erik Nolthenius, Planning Manager

TITLE/RECOMMENDATION
Adopt a resolution finding that the Annual Progress Report accurately reflects the General Plan implementation for calendar year 2023; accepting the report as required by the State of California; and directing staff to forward the report to the Governor's Office of Planning & Research (OPR) and the State Department of Housing and Community Development (HCD).

FISCAL IMPACT
The Annual Progress Report is a State requirement. There is no fiscal impact associated with producing the report, other than staff time.

BACKGROUND
State law requires each city (and county) to adopt a comprehensive, long-term general plan to guide the physical development of the incorporated city, as well as land outside the city boundaries that bears a relationship to its planning activities.

The general plan serves as an outline for future growth and development; the plan to “build a city.” As such, the general plan contains a series of goals, policies, and actions designed to provide decision-makers with a solid foundation for land use and development decisions so that the overall vision for the community is achieved over time.

State law also requires each city to submit an annual progress report (APR) to the Governor’s Office of Planning and Research (OPR) to report on the implementation status of the goals, policies, and actions of the general plan. While OPR offers suggestions on how to prepare the report, there is no standardized format or specific content requirements as there is with the required Housing Element portion of the annual progress report. It should be noted that the APR is separate and apart from

CITY COUNCIL AGENDA ITEM NO. G.3
03/12/2024
the biennial General Plan status update proposed as part of the City Council’s Strategic Plan. The APR is included as an attachment to this staff report for the Council’s review and consideration. Following the Council’s acceptance of the APR on the General Plan for calendar year 2023, staff will submit it to OPR and the California Department of Housing and Community Development (HCD) by April 1, pursuant to State law.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
This is an annual item for the City Council.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)
This is a State requirement, so staff does not recommend any alternatives.

ATTACHMENT(S)

1. City Council Resolution – 2023 General Plan APR

2. 2023 General Plan APR

CITY COUNCIL RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD

FINDING THAT THE ANNUAL PROGRESS REPORT ACCURATELY

REFLECTS THE GENERAL PLAN IMPLEMENTATION FOR CALENDAR
YEAR 2023; ACCEPTING THE REPORT AS REQUIRED BY THE STATE OF CALIFORNIA; AND DIRECTING STAFF TO FORWARD THE REPORT TO THE GOVERNOR’S OFFICE OF PLANNING AND RESEARCH (OPR) AND

THE STATE DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT (HCD)
WHEREAS, the State of California mandates that cities and counties prepare an Annual Progress Report on the implementation of their respective general plans in accordance with Sections 65400, et. seq., of the Government Code; and
WHEREAS, on July 22, 2014, the City Council adopted a comprehensive update to the General Plan in accordance with Resolution No. 2014-110; and WHEREAS, the City prepared the Annual Progress Report reflecting progress on implementation of the General Plan as required by State law for calendar year 2023; and
WHEREAS, the City prepared its 2023 Annual Progress Report in accordance with the guidelines established by the Governor’s Office of Planning and Research; and
WHEREAS, the City Council held a duly noticed public meeting on March 12, 2024, and reviewed the Annual Progress Report, staff report, and accompanying information, and testimony received from the general public.

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

A. Hereby finds that the Annual Progress Report accurately reflects the General Plan implementation for calendar year 2023.

B. Hereby accepts the Annual Progress Report on the General Plan implementation for calendar year 2023 as required by the State of California and directs staff to forward the report to the Governor’s Office of Planning and Research and the State Department of Housing and Community Development.

ADOPTED by the City Council of the City of Brentwood at its regular meeting of March 12, 2024, by the following vote:

2023 GENERAL PLAN ANNUAL PROGRESS REPORT
California Government Code Section 65400 requires cities and counties to submit an annual progress report (APR) on the General Plan to the City Council, the Governor’s Office of Planning and Research (OPR), and the California Housing and Community Development Department (HCD) by April 1 of each year. The primary purpose of the APR is to provide the City Council with an update on the City’s progress in implementing the General Plan during the prior year. This APR is organized as follows:
 General Plan Background
 Amendments to the General Plan adopted by the City Council in 2023  Proposed General Plan Amendments
 Other Significant Projects/Initiatives
General Plan Background
The City’s General Plan (comprehensively updated on July 22, 2014) identifies the community’s vision for the future and provides a framework that guides decisions on growth, development, and conservation of open space and resources in a manner that is consistent with the quality of life desired by the city's residents and businesses.

The General Plan includes the seven State-mandated elements (Circulation, Conservation, Housing, Land Use, Noise, Open Space, and Safety). In addition, there are several optional elements of special and unique concern to the community, including Community Services and Facilities, Economic Development, Fiscal Sustainability, Growth Management, and Infrastructure.

Each element begins with a brief overview, followed by a series of goals, policies, and actions:
 A goal is defined as a description of the general desired result that the community seeks to create.
 A policy is defined as a specific statement that guides decision-making as the City works to achieve the various goals and objectives.  An action is defined as an implementation measure, procedure, technique, or specific program to be undertaken by the City to help achieve a specified goal or implement an adopted policy.

The last chapter (Chapter 12) of the General Plan specifically addresses implementation. At the time the General Plan was comprehensively updated in 2014, each action was included in Chapter 12 and was assigned a relative priority level (A, B, or C):
 Priority level A implies that the start of the action will be implemented in the relatively short-term (approximately 1-5 years).
 Priority level B implies a somewhat longer-term implementation (approximately 5-10 years).
 Priority level C indicates a longer-term implementation schedule (approximately 10-20 years).

A number of other actions are identified as “ongoing,” which refers to them either already being undertaken by the City or those that are expected to continue on a periodic/perpetual basis.

Amendments to the General Plan adopted by the City Council in 2023 State law allows mandatory elements of the General Plan to be amended up to four times per calendar year. This allows the General Plan to remain a current document responsive to the community’s needs. Requests for amendments may be submitted by individuals or initiated by the City Council. Since the General Plan was adopted in 2014, eight amendments have been approved, including one in 2023 (as shown in the table below):

Request/File # Action Applicant Description
GPA 23-001 Approved on March
14, 2023 (Resolution
No. 2023-31)
City of Brentwood Housing Element
Update*
*This amendment was later superseded by the City Council approving GPA 24-001 on February 13, 2024 One General Plan amendment was approved by the City Council in 2023, for the Housing Element. State law requires periodic updates to the Housing Element on specific schedules, or cycles. The previous (5th Cycle) Housing Element, adopted by the City Council and certified by the State in 2015, covered the planning period from 2015 to 2022. The current Housing Element Update (6th Cycle) was originally adopted by the City Council on March 14, 2023 via Resolution No. 2023-31, to address the period from 2023-2031. That action was then superseded by the City Council adopting Resolution No. 2024-16 on February 13, 2024 to adopt the City’s November 2023 submittal to HCD.

Proposed General Plan Amendments
Two projects in process involve General Plan amendments, as follows:
 Updates to the Downtown Specific Plan (originally adopted in 2005) and the Brentwood Boulevard Specific Plan (originally adopted in 2012). These

projects began in 2020 as tandem updates, but are currently on hold pending further direction by the City Council.

Other Significant Projects/Initiatives
 Focused amendments to the Zoning Ordinance, including objective design standards and SB 330 compliance. These amendments are currently underway as a result of direction provided by the City Council on January 24, 2023.  Detailed biennial report on the comprehensive implementation status of the General Plan. This is expected to occur in the summer of 2024.

CITY COUNCIL AGENDA ITEM NO. G.4
03/12/2024
SUBJECT: Review and approval of the Housing Element Annual Progress Report for calendar year 2023.

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

TITLE/RECOMMENDATION
Adopt a resolution finding that the Annual Progress Report accurately reflects the Housing Element implementation for calendar year 2023; accepting the report as required by the State of California; and directing staff to forward the report to the Governor's Office of Planning & Research (OPR) and the State Department of Housing and Community Development (HCD).

FISCAL IMPACT
The Annual Progress Report is a State requirement. There is no fiscal impact associated with producing the report, other than staff time.

BACKGROUND
Section 65400 of the California Government Code requires the City to file an annual report addressing the status of the Housing Element and progress made toward implementing its goals and policies. The report must be approved by the local legislative body through a resolution and submitted to HCD and OPR by April 1st of each year to show the status of implementation of the Housing Element goals, policies, and programs.

The Housing Element Annual Progress Report for 2023 is attached for City Council review. HCD has specific reporting requirements for the APR, including information contained in a series of standardized spreadsheet tables (completed tables are attached to this report). State housing legislation approved in 2017 and modified thereafter, including in 2023, requiring more detailed reporting and additional data to be submitted as part of the APR, is now in effect and is reflected in this Housing Element APR. Some of the new standardized tables required by HCD, particularly

CITY COUNCIL AGENDA ITEM NO. G.4
03/12/2024
Table A2, are difficult to reproduce in a viewer-friendly manner. Staff has attempted to make the tables as clear as possible.

HCD requires reporting on the number of completed entitlements, housing unit permits issued, and housing permits finaled during the year, including the type of units (accessory dwelling units (ADUs), single-family, multi-family, etc.), and their affordability categories (very low-, low-, moderate- and above moderate-income) in order to gauge efforts towards meeting the City’s share of its Regional Housing Needs Allocation.

In 2023, building permits were issued for 131 new residential housing units, including ADUs. This total included six very low-income ADU units, six low-income ADU units, and six moderate-income ADU units and 131 above moderate-income single-family units. In addition, one market rate unit was purchased by Richmond American Homes in accordance with the City’s Affordable Housing Ordinance and resold as a deed restricted low-income unit to meet the affordable housing requirements for the Parkside Villas development (located south of Apricot Way and west of Fairview Avenue).

The number of ADU building permits issued in 2023 (18) surpassed the City’s initial projection of 14 ADUs within the newest Housing Element. In 2023, except for the developer purchased and sold unit, all other affordable units were created through the creation of ADU’s. The ADU affordability levels were determined based on the Using ADUs to Satisfy RHNA Technical Memo, produced by the Association of Bay Area Governments (ABAG) and included by reference within the City’s Housing Element projections. In 2023, 200 residential units under construction were also finaled.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
This is an annual item for the City Council.

ALTERNATIVE OPTION(S)
This is a State requirement, therefore staff does not recommend any alternatives to the recommended action.

CITY COUNCIL AGENDA ITEM NO. G.4
03/12/2024

ATTACHMENT(S)

1. City Council Resolution – 2023 Housing Element APR

2. 2023 Housing Element APR

RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD ACCEPTING THE ANNUAL PROGRESS REPORT ON

THE HOUSING ELEMENT IMPLEMENTATION FOR CALENDAR
YEAR 2023 AS REQUIRED BY THE STATE OF CALIFORNIA AND

DIRECTING STAFF TO FORWARD THE REPORT TO THE
GOVERNOR’S OFFICE OF PLANNING AND RESEARCH AND THE

STATE DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT.

WHEREAS, the State of California has mandated that cities and counties prepare an Annual Progress Report on their Housing Element implementation in accordance with Sections 65400, et. seq., of the Government Code; and WHEREAS, staff has prepared the Annual Progress Report reflecting building activity and progress on implementation of the Housing Element as required by State law for calendar year 2023; and
WHEREAS, the City Council held a duly noticed public meeting on March 12, 2024, and reviewed the Annual Progress Report, staff report, and accompanying information, and testimony received from the general public.

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

A. Hereby finds that the Annual Progress Report accurately reflects the Housing Element implementation for calendar year 2023.

B. Hereby accepts the Annual Progress Report on the Housing Element implementation for calendar year 2023 as required by the State of California and directs staff to forward the report to the Governor’s Office of Planning and Research and the State Department of Housing and Community Development.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at its regular meeting of the 12th day of March 2024, by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

APPROVED:

Joel Bryant, Mayor
ATTEST:

Margaret Wimberly, MMC
City Clerk

Jurisdiction Brentwood ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 01/31/2023 - 01/31/2031 Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 34 6 78 9
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Date Application Submitted (see instructions) Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low-Income Deed Restricted Low-Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Total PROPOSED Units by Project Total APPROVED Units by project Total DISAPPROVED Units by Project Please select
streamlining
provision/s the
application was
submitted pursuant
to.

Did the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Summary Row: Start Data Entry Below 0 0 0 0 0 02 2 0 0
016010006 171 Kayla DR23-005/V23-001 DR23-005 SFD O 10/10/2023 1 1 NONE No 016010005 175 Kayla DR23-006/V23-002 DR23-006 SFD O 10/10/2023 1 1 NONE No 00000000000000000000000000000000
Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bo Applica 10 Housing Development Applications Submitted
Attachment
2

Table A2
23 56
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Entitlement Date Approved # of Units issued Entitlements Summary Row: Start Data Entry Below 7 0 6 0 5 0 142 160 019780010 2289 INDIAN SPRINGS DR B22-2169 ADU R 0
019560010 548 LAKEVIEW DR B23-0160 ADU R 0
019580011 2559 RISEBRIDGE CT B22-3186 ADU R 0018370013 2971 BEGONIA CT B23-0926 ADU R 0TMP670 157 RAVEN CIR B23-1827 ADU R 0TMP673 151 RAVEN CIR B23-1830 ADU R 0017150066 717 DAINTY AVE B22-3192 ADU R 0013150005 234 BIRCH ST B23-1145 ADU R 0TMP588 161 RAVEN CIR B23-1823 ADU R 0TMP678 611 ARMSTONG WAY B23-1952 ADU R 0TMP682 605 ARMSTRONG WAY B23-1955 ADU R 0012390009 343 FLETCHER LN B22-0967 ADU R 0TMP559 302 VICTORIA DR B22-0793 ADU R 0TMP562 145 CIDER DR B22-0796 ADU R 0TMP569 167 RAVEN CIRCLE B22-1097 ADU R 0 TMP573 171 RAVEN CIRCLE B22-1101 ADU R 0
TMP575 170 RAVEN CIRCLE B22-1103 ADU R 0
010280029 25 SCHILLING CT B20-1918 ADU R 0019860059 1760 MEDITERRANEO WAY B22-1268 ADU R 0016470031 595 PLYMOUTH CT B22-0776 ADU R 0017220002 993 RANDY WAY B22-0051 ADU R 0018160010 185 SUNRISE DR B21-0917 ADU R 0012111020 528 NOTTINGHAM DR B23-0134 ADU R 0TMP665 599 ARMSTRONG WAY B22-2728 ADU R 0TMP578 175 RAVEN CIRCLE B22-1106 ADU R 0 018640010 660 BIG BEAR CT B22-0032 ADU R 0016161008 328 COLLETT CT B20-1922 ADU R 0010130050 664 ANDERSON AVE B22-2906 ADU R 0016160030 1378 WINDSOR WAY B22-1827 ADU R 0010340029 4691 CHRISTENSON ST B22-0862 ADU R 0 007450046 2496 WINGED FOOT RD B22-2975 ADU R 0
TMP591 160 RAVEN CIR B23-0456 ADU R 0TMP581 176 RAVEN CIRCLE B22-1109 ADU R 0 TMP585 180 RAVEN CIRCLE B22-1113 ADU R 0
TMP674 154 RAVEN CIR B23-0563 ADU R 0017240004 19 QUAIL CT B22-2073 ADU R 0013134002 300 CHESTNUT ST B23-0893 ADU R 0 017070018 1320 MINNESOTA AVE B22-2772 ADU R 0TMP617 1855 CHANDLER DR B23-0041 SFD O 0 TMP618 1861 CHANDLER DR B23-0042 SFD O 0
TMP619 1867 CHANDLER DR B23-0043 SFD O 0
TMP620 1873 CHANDLER DR B23-0044 SFD O 0
TMP621 1879 CHANDLER DR B23-0045 SFD O 0
TMP622 1885 CHANDLER DR B23-0046 SFD O 0
TMP628 1922 CHANDLER DR B23-0053 SFD O 0
TMP629 1916 CHANDLER DR B23-0054 SFD O 0
TMP630 1910 CHANDLER DR B23-0055 SFD O 0
TMP631 1904 CHANDLER DR B23-0056 SFD O 0
TMP632 1898 CHANDLER DR B23-0057 SFD O 0
TMP633 1892 CHANDLER DR B23-0058 SFD O 0
TMP634 2735 ALEXIA LN B23-0059 SFD O 0TMP635 2725 ALEXIA LN B23-0060 SFD O 0TMP636 2715 ALEXIA LN B23-0061 SFD O 0 1 4
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement Attachment
2

TMP637 1897 CHANDLER DR B23-0062 SFD O 0
TMP638 1903 CHANDLER DR B23-0063 SFD O 0
TMP639 1909 CHANDLER DR B23-0064 SFD O 0
TMP640 1915 CHANDLER DR B23-0065 SFD O 0
TMP641 1921 CHANDLER DR B23-0066 SFD O 0
TMP642 1927 CHANDLER DR B23-0067 SFD O 0
TMP688 1987 CHANDLER DR B23-0581 SFD O 0
TMP689 1993 CHANDLER DR B23-0582 SFD O 0
TMP690 1999 CHANDLER DR B23-0583 SFD O 0
TMP691 2000 CHANDLER DR B23-0584 SFD O 0
TMP692 1994 CHANDLER DR B23-0585 SFD O 0
TMP693 1982 CHANDLER DR B23-0586 SFD O 0
TMP694 1958 CHANDLER DR B23-0587 SFD O 0
TMP695 1952 CHANDLER DR B23-0588 SFD O 0
TMP696 1946 CHANDLER DR B23-0589 SFD O 0
TMP697 1940 CHANDLER DR B23-0590 SFD O 0
TMP698 1934 CHANDLER DR B23-0591 SFD O 0
TMP699 1928 CHANDLER DR B23-0592 SFD O 0
TMP701 1933 CHANDLER DR B23-0594 SFD O 0
TMP702 1939 CHANDLER DR B23-0595 SFD O 0
TMP700 1945 CHANDLER DR B23-0596 SFD O 0
TMP703 1951 CHANDLER DR B23-0597 SFD O 0
TMP704 1957 CHANDLER DR B23-0598 SFD O 0
TMP705 1963 CHANDLER DR B23-0599 SFD O 0
007660009 1501 MIWOK CT B23-0717 SFD O 0007550049 1972 SACRED MOUNTAIN LN B23-0718 SFD O 0TMP712 1466 DAFFODIL DR B23-0271 SFD O 0 TMP710 1465 DAFFODIL DR B23-0269 SFD O 0
TMP716 1897 WATER ST B23-0834 SFD O 0TMP724 1893 WATER ST B23-1192 SFD O 0TMP677 147 RAVEN CIR B23-1073 SFD O 0 TMP668 158 RAVEN CIR B23-1074 SFD O 0
TMP669 156 RAVEN CIR B23-1075 SFD O 0
TMP721 1881 WATER ST B23-1189 SFD O 0
TMP722 1885 WATER ST B23-1190 SFD O 0TMP723 1889 WATER ST B23-1191 SFD O 0TMP661 1820 CRESTHAVEN ST B23-1230 SFD O 0 TMP730 1877 WATER ST B23-1541 SFD O 0TMP726 1449 DAFFODIL DR B23-1542 SFD O 0 TMP727 1441 DAFFODIL DR B23-1543 SFD O 0
TMP728 1433 DAFFODIL DR B23-1544 SFD O 0
TMP729 1425 DAFFODIL DR B23-1545 SFD O 0
TMP658 176 CHINOOK DR B23-1637 SFD O 0TMP731 1417 DAFFODIL DR B23-1720 SFD O 0 TMP732 1409 DAFFODIL DR B23-1721 SFD O 0
TMP733 1401 DAFFODIL DR B23-1722 SFD O 0
TMP734 1967 HELENA WAY B23-1723 SFD O 0TMP654 1821 CRESTHAVEN ST B23-1726 SFD O 0 TMP588 161 RAVEN CIR B23-1823 SFD O 0
TMP590 162 RAVEN CIRCLE B23-1824 SFD O 0
TMP589 164 RAVEN CIRCLE B23-1825 SFD O 0
TMP667 159 RAVEN CIR B23-1826 SFD O 0
TMP670 157 RAVEN CIR B23-1827 SFD O 0
TMP671 155 RAVEN CIR B23-1828 SFD O 0
TMP672 153 RAVEN CIR B23-1829 SFD O 0
TMP673 151 RAVEN CIR B23-1830 SFD O 0
TMP676 149 RAVEN CIR B23-1831 SFD O 0
TMP657 172 CHINOOK DR B23-1945 SFD O 0TMP379 154 Continente Ave B23-1951 SFD O 0TMP678 611 ARMSTONG WAY B23-1952 SFD O 0TMP679 609 ARMSTRONG WAY B23-1953 SFD O 0TMP681 607 ARMSTRONG WAY B23-1954 SFD O 0TMP682 605 ARMSTRONG WAY B23-1955 SFD O 0 TMP683 603 ARMSTRONG WAY B23-1956 SFD O 0TMP680 601 ARMSTRONG WAY B23-1957 SFD O 0TMP736 1974 HELENA WAY B23-1967 SFD O 0TMP737 1966 HELENA WAY B23-1968 SFD O 0TMP738 1958 HELENA WAY B23-1969 SFD O 0TMP739 1959 HELENA WAY B23-1970 SFD O 0TMP740 1458 DAFFODIL DR B23-1971 SFD O 0 TMP741 1990 HELENA WAY B23-1972 SFD O 0TMP742 1982 HELENA WAY B23-1973 SFD O 0TMP743 1873 WATER ST B23-1974 SFD O 0 Attachment
2

TMP706 1983 HELENA WAY B23-1975 SFD O 0
TMP745 1975 HELENA WAY B23-1976 SFD O 0TMP656 1829 CRESTHAVEN ST B23-2048 SFD O 0 TMP498 1855 ORFANOS RANCH DR B22-0244 SFD O 0TMP516 2829 MICHALIA LN B22-0610 SFD O 0TMP475 1887 ORFANOS RANCH DR B22-0078 SFD O 0TMP559 302 VICTORIA DR B22-0793 SFD O 0TMP560 304 VICTORIA DR B22-0794 SFD O 0TMP561 147 CIDER DR B22-0795 SFD O 0TMP522 1872 ORFANOS RANCH DR B22-0616 SFD O 0TMP562 145 CIDER DR B22-0796 SFD O 0TMP460 1039 NIGHTHAWK WAY B21-3003 SFD O 0TMP463 1027 NIGHTHAWK WAY B21-3006 SFD O 0TMP558 355 ARMSTRONG WAY B22-0792 SFD O 0TMP563 353 ARMSTRONG WAY B22-0797 SFD O 0007730018 1689 PROVENCE LN B21-1842 SFD O 0TMP459 1043 NIGHTHAWK WAY B21-3002 SFD O 0TMP626 195 CHINOOK DR B22-1535 SFD O 0TMP568 165 RAVEN CIRCLE B22-1096 SFD O 0 016590091 208 GOOSE CREEK AVE B21-1616 SFD O 0
016590087 224 GOOSE CREEK AVE B21-1702 SFD O 0
016590088 220 GOOSE CREEK AVE B21-1703 SFD O 0
016590104 237 WOOLEY CREEK WAY B21-2306 SFD O 0016590105 241 WOOLEY CREEK WAY B21-2307 SFD O 0TMP569 167 RAVEN CIRCLE B22-1097 SFD O 0 TMP571 166 RAVEN CIRCLE B22-1099 SFD O 0
TMP570 169 RAVEN CIRCLE B22-1098 SFD O 0
TMP572 168 RAVEN CIRCLE B22-1100 SFD O 0
TMP625 204 CHINOOK DR B22-1534 SFD O 0TMP601 208 CHINOOK DR B22-1410 SFD O 0TMP573 171 RAVEN CIRCLE B22-1101 SFD O 0 TMP574 173 RAVEN CIRCLE B22-1102 SFD O 0
TMP575 170 RAVEN CIRCLE B22-1103 SFD O 0
TMP518 1864 ORFANOS RANCH DR B22-0612 SFD O 0TMP521 1876 ORFANOS RANCH DR B22-0615 SFD O 0TMP576 172 RAVEN CIRCLE B22-1104 SFD O 0 TMP577 174 RAVEN CIRCLE B22-1105 SFD O 0
TMP653 187 CHINOOK DR B22-1711 SFD O 0TMP519 1860 ORFANOS RANCH DR B22-0613 SFD O 0TMP520 1880 ORFANOS RANCH DR B22-0614 SFD O 0TMP517 1868 ORFANOS RANCH DR B22-0611 SFD O 0TMP624 200 CHINOOK DR B22-1533 SFD O 0TMP665 599 ARMSTRONG WAY B22-2728 SFD O 0TMP666 150 RAVEN CIR B22-2729 SFD O 0 TMP578 175 RAVEN CIRCLE B22-1106 SFD O 0
TMP623 196 CHINOOK DR B22-1532 SFD O 0TMP652 191 CHINOOK DR B22-1710 SFD O 0TMP579 177 RAVEN CIRCLE B22-1107 SFD O 0 TMP651 192 CHINOOK DR B22-1709 SFD O 0TMP659 179 CHINOOK DR B23-0625 SFD O 0TMP624 183 CHINOOK DR B23-0454 SFD O 0007550024 1983 SACRED MOUNTAIN LN B23-0720 SFD O 0TMP541 1801 CHANDLER DR B22-0685 SFD O 0 TMP543 1813 CHANDLER DR B22-0687 SFD O 0
TMP536 2817 MICHALIA LN B22-0680 SFD O 0TMP538 1783 CHANDLER DR B22-0682 SFD O 0 TMP539 1789 CHANDLER DR B22-0683 SFD O 0
TMP540 1795 CHANDLER DR B22-0684 SFD O 0
TMP545 1826 CHANDLER DR. B22-0745 SFD O 0TMP546 1832 CHANDLER DR. B22-0746 SFD O 0TMP548 1808 CHANDLER DR. B22-0748 SFD O 0TMP544 1820 CHANDLER DR. B22-0744 SFD O 0 TMP547 1802 CHANDLER DR. B22-0747 SFD O 0TMP549 1814 CHANDLER DR. B22-0749 SFD O 0TMP542 1807 CHANDLER DR B22-0686 SFD O 0 TMP650 188 CHINOOK DR B22-1708 SFD O 0TMP550 1778 CHANDLER DR. B22-0750 SFD O 0TMP551 1784 CHANDLER DR. B22-0751 SFD O 0TMP552 1790 CHANDLER DR. B22-0752 SFD O 0TMP553 1796 CHANDLER DR. B22-0753 SFD O 0007550022 1979 SACRED MOUNTAIN LN B23-0721 SFD O 0TMP598 1838 CHANDLER DR B22-1318 SFD O 0 TMP599 1844 CHANDLER DR B22-1319 SFD O 0
Attachment
2

TMP582 178 RAVEN CIRCLE B22-1110 SFD O 0
TMP595 1856 CHANDLER DR B22-1315 SFD O 0
TMP675 152 RAVEN CIR B23-0457 SFD O 0
TMP600 1850 CHANDLER DR B22-1320 SFD O 0
TMP597 1868 CHANDLER DR B22-1317 SFD O 0
TMP596 1862 CHANDLER DR B22-1316 SFD O 0
007550040 1982 SACRED MOUNTAIN LN B23-0722 SFD O 0007550039 1980 SACRED MOUNTAIN LN B23-0723 SFD O 0TMP591 160 RAVEN CIR B23-0456 SFD O 0 TMP581 176 RAVEN CIRCLE B22-1109 SFD O 0
TMP585 180 RAVEN CIRCLE B22-1113 SFD O 0
TMP587 163 RAVEN CIR B23-0557 SFD O 0
TMP586 182 RAVEN CIRCLE B22-1114 SFD O 0
TMP605 1819 CHANDLER DR B22-1433 SFD O 0
TMP606 1825 CHANDLER DR B22-1434 SFD O 0
TMP674 154 RAVEN CIR B23-0563 SFD O 0
007550041 1984 SACRED MOUNTAIN LN B23-0719 SFD O 0TMP607 1831 CHANDLER DR B22-1435 SFD O 0 TMP608 1837 CHANDLER DR B22-1436 SFD O 0
TMP609 1843 CHANDLER DR B22-1437 SFD O 0
TMP610 1849 CHANDLER DR B22-1438 SFD O 0
TMP660 175 CHINOOK DR B23-1154 SFD O 0TMP648 180 CHINOOK DR B22-1706 SFD O 0TMP649 184 CHINOOK DR B22-1707 SFD O 0TMP707 1481 DAFFODIL DR B23-0266 SFD O 0 TMP708 1482 DAFFODIL DR B23-0267 SFD O 0
TMP614 1886 CHANDLER DR. B22-1448 SFD O 0TMP615 1880 CHANDLER DR. B22-1449 SFD O 0TMP616 1874 CHANDLER DR. B22-1450 SFD O 0TMP709 1473 DAFFODIL DR B23-0268 SFD O 0 TMP711 1474 DAFFODIL DR B23-0270 SFD O 0
TMP611 2720 ALEXIA LN. B22-1445 SFD O 0
TMP613 2740 ALEXIA LN. B22-1447 SFD O 0
TMP718 1905 WATER ST B23-0836 SFD O 0TMP713 1909 WATER ST B23-0774 SFD O 0TMP717 1901 WATER ST B23-0835 SFD O 0TMP714 1457 DAFFODIL DR B23-0775 SFD O 0 TMP715 1450 DAFFODIL DR B23-0776 SFD O 0
016120025 1291 BUSINESS CENTER DR B18-1268 5+ R 0016120025 1291 BUSINESS CENTER DR B18-1269 5+ R 0016120025 1291 BUSINESS CENTER DR B18-1270 5+ R 0016120025 1291 BUSINESS CENTER DR B18-1271 5+ R 0016120025 1291 BUSINESS CENTER DR B18-1272 5+ R 0016120025 1291 BUSINESS CENTER DR B18-1311 5+ R 0016120025 1291 BUSINESS CENTER DR B18-1312 5+ R 0016120025 1291 BUSINESS CENTER DR B18-1313 5+ R 019920013 2288 Acero Parkside AHO SFD O 0 019092013 1777 Apricot Trumark DR22-006 SFD O 2 2257 8/8/2023 63 018230034 251 Hanson Hanson Lane DR21-006 SFD O 5 4382 10/24/2023 94 018060040 7770 Lone Tree Trinity Estates MS354-021 SFD O 3 6/27/2023 3 00000000000000000000000
Attachment
2

Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 89 Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome Building Permits Date Issued # of Units Issued Building Permits 0 6 1 6 0 6 113 132
019780010 2289 INDIAN SPRINGS DR 1 3/30/2023 1
019560010 548 LAKEVIEW DR 1 7/6/2023 1
019580011 2559 RISEBRIDGE CT 1 7/28/2023 1
018370013 2971 BEGONIA CT 1 9/28/2023 1TMP670 157 RAVEN CIR 1 10/6/2023 1TMP673 151 RAVEN CIR 1 10/6/2023 1017150066 717 DAINTY AVE 1 10/24/2023 1 013150005 234 BIRCH ST 1 12/19/2023 1
TMP588 161 RAVEN CIR 1 9/21/2023 1TMP678 611 ARMSTONG WAY 1 11/2/2023 1TMP682 605 ARMSTRONG WAY 1 12/20/2023 1 012390009 343 FLETCHER LN 10/11/2022 0TMP559 302 VICTORIA DR 4/21/2022 0 TMP562 145 CIDER DR 4/21/2022 0TMP569 167 RAVEN CIRCLE 6/2/2022 0TMP573 171 RAVEN CIRCLE 6/14/2022 0TMP575 170 RAVEN CIRCLE 6/14/2022 0010280029 25 SCHILLING CT 8/16/2022 0019860059 1760 MEDITERRANEO WAY 9/1/2022 0016470031 595 PLYMOUTH CT 8/29/2022 0017220002 993 RANDY WAY 5/13/2022 0018160010 185 SUNRISE DR 8/5/2021 0012111020 528 NOTTINGHAM DR 1 3/23/2023 1 TMP665 599 ARMSTRONG WAY 11/3/2022 0TMP578 175 RAVEN CIRCLE 6/14/2022 0018640010 660 BIG BEAR CT 7/25/2022 0016161008 328 COLLETT CT 7/21/2022 0010130050 664 ANDERSON AVE 1 7/5/2023 1 016160030 1378 WINDSOR WAY 1 6/26/2023 1
010340029 4691 CHRISTENSON ST 8/22/2022 0
007450046 2496 WINGED FOOT RD 1 6/26/2023 1TMP591 160 RAVEN CIR 1 3/23/2023 1TMP581 176 RAVEN CIRCLE 6/14/2022 0TMP585 180 RAVEN CIRCLE 6/14/2022 0TMP674 154 RAVEN CIR 1 3/30/2023 1017240004 19 QUAIL CT 10/26/2022 0013134002 300 CHESTNUT ST 1 7/11/2023 1017070018 1320 MINNESOTA AVE 1 9/13/2023 1 7 Project Identifier Affordability by Household Incomes - Building Permits Attachment
2

TMP617 1855 CHANDLER DR 1 3/29/2023 1
TMP618 1861 CHANDLER DR 1 3/29/2023 1TMP619 1867 CHANDLER DR 1 3/29/2023 1TMP620 1873 CHANDLER DR 1 3/29/2023 1TMP621 1879 CHANDLER DR 1 3/29/2023 1TMP622 1885 CHANDLER DR 1 3/29/2023 1TMP628 1922 CHANDLER DR 1 3/29/2023 1TMP629 1916 CHANDLER DR 1 3/29/2023 1TMP630 1910 CHANDLER DR 1 3/29/2023 1TMP631 1904 CHANDLER DR 1 3/29/2023 1TMP632 1898 CHANDLER DR 1 3/29/2023 1TMP633 1892 CHANDLER DR 1 3/29/2023 1TMP634 2735 ALEXIA LN 1 3/29/2023 1TMP635 2725 ALEXIA LN 1 3/29/2023 1TMP636 2715 ALEXIA LN 1 3/29/2023 1TMP637 1897 CHANDLER DR 1 3/29/2023 1TMP638 1903 CHANDLER DR 1 3/29/2023 1TMP639 1909 CHANDLER DR 1 3/29/2023 1TMP640 1915 CHANDLER DR 1 3/29/2023 1TMP641 1921 CHANDLER DR 1 3/29/2023 1TMP642 1927 CHANDLER DR 1 3/29/2023 1TMP688 1987 CHANDLER DR 1 3/29/2023 1TMP689 1993 CHANDLER DR 1 3/29/2023 1TMP690 1999 CHANDLER DR 1 3/29/2023 1TMP691 2000 CHANDLER DR 1 3/29/2023 1TMP692 1994 CHANDLER DR 1 3/29/2023 1 TMP693 1982 CHANDLER DR 1 3/29/2023 1TMP694 1958 CHANDLER DR 1 3/29/2023 1TMP695 1952 CHANDLER DR 1 3/29/2023 1TMP696 1946 CHANDLER DR 1 3/29/2023 1TMP697 1940 CHANDLER DR 1 3/29/2023 1TMP698 1934 CHANDLER DR 1 3/29/2023 1TMP699 1928 CHANDLER DR 1 3/29/2023 1TMP701 1933 CHANDLER DR 1 3/29/2023 1TMP702 1939 CHANDLER DR 1 3/29/2023 1TMP700 1945 CHANDLER DR 1 3/29/2023 1TMP703 1951 CHANDLER DR 1 3/29/2023 1TMP704 1957 CHANDLER DR 1 3/29/2023 1TMP705 1963 CHANDLER DR 1 3/29/2023 1007660009 1501 MIWOK CT 1 4/13/2023 1007550049 1972 SACRED MOUNTAIN LN 1 4/13/2023 1TMP712 1466 DAFFODIL DR 1 3/24/2023 1 TMP710 1465 DAFFODIL DR 1 3/24/2023 1TMP716 1897 WATER ST 1 5/10/2023 1TMP724 1893 WATER ST 1 6/29/2023 1TMP677 147 RAVEN CIR 1 5/30/2023 1TMP668 158 RAVEN CIR 1 5/30/2023 1TMP669 156 RAVEN CIR 1 5/30/2023 1TMP721 1881 WATER ST 1 6/29/2023 1TMP722 1885 WATER ST 1 6/29/2023 1TMP723 1889 WATER ST 1 6/29/2023 1 TMP661 1820 CRESTHAVEN ST 1 6/26/2023 1
TMP730 1877 WATER ST 1 8/7/2023 1TMP726 1449 DAFFODIL DR 1 8/7/2023 1TMP727 1441 DAFFODIL DR 1 11/30/2023 1 Attachment 2

TMP728 1433 DAFFODIL DR 1 11/30/2023 1
TMP729 1425 DAFFODIL DR 1 11/30/2023 1TMP658 176 CHINOOK DR 1 8/17/2023 1 TMP731 1417 DAFFODIL DR 1 11/30/2023 1TMP732 1409 DAFFODIL DR 1 12/15/2023 1TMP733 1401 DAFFODIL DR 1 12/15/2023 1TMP734 1967 HELENA WAY 1 12/15/2023 1TMP654 1821 CRESTHAVEN ST 1 9/14/2023 1TMP588 161 RAVEN CIR 1 9/21/2023 1TMP590 162 RAVEN CIRCLE 1 9/21/2023 1TMP589 164 RAVEN CIRCLE 1 9/21/2023 1TMP667 159 RAVEN CIR 1 10/6/2023 1TMP670 157 RAVEN CIR 1 10/6/2023 1TMP671 155 RAVEN CIR 1 10/6/2023 1TMP672 153 RAVEN CIR 1 10/6/2023 1TMP673 151 RAVEN CIR 1 10/6/2023 1TMP676 149 RAVEN CIR 1 10/6/2023 1TMP657 172 CHINOOK DR 1 10/16/2023 1 TMP379 154 Continente Ave 1 12/20/2023 1TMP678 611 ARMSTONG WAY 1 11/2/2023 1 TMP679 609 ARMSTRONG WAY 1 12/20/2023 1
TMP681 607 ARMSTRONG WAY 1 12/20/2023 1
TMP682 605 ARMSTRONG WAY 1 12/20/2023 1
TMP683 603 ARMSTRONG WAY 1 12/20/2023 1
TMP680 601 ARMSTRONG WAY 1 12/20/2023 1TMP736 1974 HELENA WAY 1 12/15/2023 1 TMP737 1966 HELENA WAY 1 12/15/2023 1
TMP738 1958 HELENA WAY 1 12/15/2023 1TMP739 1959 HELENA WAY 1 12/15/2023 1TMP740 1458 DAFFODIL DR 1 12/15/2023 1TMP741 1990 HELENA WAY 1 12/15/2023 1TMP742 1982 HELENA WAY 1 12/15/2023 1TMP743 1873 WATER ST 1 12/15/2023 1TMP706 1983 HELENA WAY 1 12/15/2023 1TMP745 1975 HELENA WAY 1 12/15/2023 1TMP656 1829 CRESTHAVEN ST 1 11/15/2023 1 TMP498 1855 ORFANOS RANCH DR 1 3/11/2022 1
TMP516 2829 MICHALIA LN 1 5/5/2022 1
TMP475 1887 ORFANOS RANCH DR 1 1/24/2022 1
TMP559 302 VICTORIA DR 1 4/21/2022 1TMP560 304 VICTORIA DR 1 4/21/2022 1TMP561 147 CIDER DR 1 4/21/2022 1TMP522 1872 ORFANOS RANCH DR 1 5/5/2022 1 TMP562 145 CIDER DR 1 4/21/2022 1
TMP460 1039 NIGHTHAWK WAY 1 2/7/2022 1TMP463 1027 NIGHTHAWK WAY 1 2/7/2022 1TMP558 355 ARMSTRONG WAY 1 4/21/2022 1 TMP563 353 ARMSTRONG WAY 1 4/21/2022 1
007730018 1689 PROVENCE LN 1 8/17/2021 1TMP459 1043 NIGHTHAWK WAY 1 2/7/2022 1TMP626 195 CHINOOK DR 1 6/27/2022 1 TMP568 165 RAVEN CIRCLE 1 6/2/2022 1
016590091 208 GOOSE CREEK AVE 1 7/26/2021 1016590087 224 GOOSE CREEK AVE 1 8/3/2021 1016590088 220 GOOSE CREEK AVE 1 8/3/2021 1 Attachment 2

016590104 237 WOOLEY CREEK WAY 1 10/6/2021 1
016590105 241 WOOLEY CREEK WAY 1 10/6/2021 1TMP569 167 RAVEN CIRCLE 1 6/2/2022 1TMP571 166 RAVEN CIRCLE 1 6/2/2022 1TMP570 169 RAVEN CIRCLE 1 6/2/2022 1TMP572 168 RAVEN CIRCLE 1 6/2/2022 1TMP625 204 CHINOOK DR 1 6/27/2022 1TMP601 208 CHINOOK DR 1 6/13/2022 1TMP573 171 RAVEN CIRCLE 1 6/14/2022 1TMP574 173 RAVEN CIRCLE 1 6/14/2022 1TMP575 170 RAVEN CIRCLE 1 6/14/2022 1TMP518 1864 ORFANOS RANCH DR 1 5/5/2022 1TMP521 1876 ORFANOS RANCH DR 1 5/5/2022 1TMP576 172 RAVEN CIRCLE 1 6/14/2022 1TMP577 174 RAVEN CIRCLE 1 6/14/2022 1TMP653 187 CHINOOK DR 1 6/30/2022 1TMP519 1860 ORFANOS RANCH DR 1 5/5/2022 1TMP520 1880 ORFANOS RANCH DR 1 5/5/2022 1TMP517 1868 ORFANOS RANCH DR 1 5/5/2022 1TMP624 200 CHINOOK DR 1 6/27/2022 1TMP665 599 ARMSTRONG WAY 1 11/3/2022 1TMP666 150 RAVEN CIR 1 11/3/2022 1TMP578 175 RAVEN CIRCLE 1 6/14/2022 1TMP623 196 CHINOOK DR 1 6/27/2022 1TMP652 191 CHINOOK DR 1 6/30/2022 1TMP579 177 RAVEN CIRCLE 1 6/14/2022 1 TMP651 192 CHINOOK DR 1 6/30/2022 1
TMP659 179 CHINOOK DR 1 3/31/2023 1
TMP624 183 CHINOOK DR 1 3/31/2023 1
007550024 1983 SACRED MOUNTAIN LN 1 4/13/2023 1TMP541 1801 CHANDLER DR 1 5/23/2022 1 TMP543 1813 CHANDLER DR 1 5/23/2022 1TMP536 2817 MICHALIA LN 1 5/23/2022 1 TMP538 1783 CHANDLER DR 1 5/23/2022 1TMP539 1789 CHANDLER DR 1 5/23/2022 1TMP540 1795 CHANDLER DR 1 5/23/2022 1TMP545 1826 CHANDLER DR. 1 5/5/2022 1TMP546 1832 CHANDLER DR. 1 5/5/2022 1TMP548 1808 CHANDLER DR. 1 5/5/2022 1TMP544 1820 CHANDLER DR. 1 5/5/2022 1TMP547 1802 CHANDLER DR. 1 5/5/2022 1TMP549 1814 CHANDLER DR. 1 5/5/2022 1TMP542 1807 CHANDLER DR 1 5/23/2022 1TMP650 188 CHINOOK DR 1 6/30/2022 1 TMP550 1778 CHANDLER DR. 1 5/5/2022 1
TMP551 1784 CHANDLER DR. 1 5/5/2022 1TMP552 1790 CHANDLER DR. 1 5/5/2022 1TMP553 1796 CHANDLER DR. 1 5/5/2022 1007550022 1979 SACRED MOUNTAIN LN 1 4/13/2023 1TMP598 1838 CHANDLER DR 1 6/28/2022 1TMP599 1844 CHANDLER DR 1 6/28/2022 1 TMP582 178 RAVEN CIRCLE 1 6/14/2022 1
TMP595 1856 CHANDLER DR 1 6/28/2022 1
TMP675 152 RAVEN CIR 1 3/23/2023 1TMP600 1850 CHANDLER DR 1 6/28/2022 1 Attachment 2

TMP597 1868 CHANDLER DR 1 6/28/2022 1
TMP596 1862 CHANDLER DR 1 6/28/2022 1007550040 1982 SACRED MOUNTAIN LN 1 5/23/2023 1007550039 1980 SACRED MOUNTAIN LN 1 5/23/2023 1TMP591 160 RAVEN CIR 1 3/23/2023 1TMP581 176 RAVEN CIRCLE 1 6/14/2022 1TMP585 180 RAVEN CIRCLE 1 6/14/2022 1TMP587 163 RAVEN CIR 1 3/30/2023 1TMP586 182 RAVEN CIRCLE 1 6/14/2022 1TMP605 1819 CHANDLER DR 1 6/30/2022 1TMP606 1825 CHANDLER DR 1 6/30/2022 1TMP674 154 RAVEN CIR 1 3/30/2023 1007550041 1984 SACRED MOUNTAIN LN 1 5/23/2023 1TMP607 1831 CHANDLER DR 1 6/30/2022 1TMP608 1837 CHANDLER DR 1 6/30/2022 1TMP609 1843 CHANDLER DR 1 6/30/2022 1TMP610 1849 CHANDLER DR 1 6/30/2022 1TMP660 175 CHINOOK DR 1 6/14/2023 1 TMP648 180 CHINOOK DR 1 6/30/2022 1
TMP649 184 CHINOOK DR 1 6/30/2022 1
TMP707 1481 DAFFODIL DR 1 3/24/2023 1TMP708 1482 DAFFODIL DR 1 3/24/2023 1TMP614 1886 CHANDLER DR. 1 6/30/2022 1TMP615 1880 CHANDLER DR. 1 6/30/2022 1TMP616 1874 CHANDLER DR. 1 6/30/2022 1TMP709 1473 DAFFODIL DR 1 3/24/2023 1 TMP711 1474 DAFFODIL DR 1 3/24/2023 1
TMP611 2720 ALEXIA LN. 1 6/30/2022 1TMP613 2740 ALEXIA LN. 1 6/30/2022 1TMP718 1905 WATER ST 1 5/10/2023 1TMP713 1909 WATER ST 1 5/2/2023 1TMP717 1901 WATER ST 1 5/10/2023 1TMP714 1457 DAFFODIL DR 1 5/2/2023 1TMP715 1450 DAFFODIL DR 1 5/2/2023 1016120025 1291 BUSINESS CENTER DR 12 4/1/2021 12 016120025 1291 BUSINESS CENTER DR 12 4/1/2021 12
016120025 1291 BUSINESS CENTER DR 12 9/22/2021 12016120025 1291 BUSINESS CENTER DR 10 9/22/2021 10016120025 1291 BUSINESS CENTER DR 12 9/22/2021 12016120025 1291 BUSINESS CENTER DR 12 9/22/2021 12016120025 1291 BUSINESS CENTER DR 12 9/22/2021 12016120025 1291 BUSINESS CENTER DR 12 9/22/2021 1219920013 2288 Acero 1 3/31/2023 1 019092013 1777 Apricot Trumark 0018230034 251 Hanson Hanson Lane 0 018060040 7770 Lone Tree Trinity Estates 0
000000000
Attachment 2

Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 11 12
Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
0 2330 22 200 230
019780010 2289 INDIAN SPRINGS DR 0019560010 548 LAKEVIEW DR 0019580011 2559 RISEBRIDGE CT 0018370013 2971 BEGONIA CT 0TMP670 157 RAVEN CIR 0TMP673 151 RAVEN CIR 0017150066 717 DAINTY AVE 0013150005 234 BIRCH ST 0TMP588 161 RAVEN CIR 0TMP678 611 ARMSTONG WAY 0TMP682 605 ARMSTRONG WAY 0012390009 343 FLETCHER LN 1 1/3/2023 1 TMP559 302 VICTORIA DR 1 1/9/2023 1
TMP562 145 CIDER DR 1 1/24/2023 1TMP569 167 RAVEN CIRCLE 1 2/22/2023 1TMP573 171 RAVEN CIRCLE 1 3/9/2023 1 TMP575 170 RAVEN CIRCLE 1 3/15/2023 1010280029 25 SCHILLING CT 1 3/29/2023 1019860059 1760 MEDITERRANEO WAY 1 4/11/2023 1016470031 595 PLYMOUTH CT 1 4/24/2023 1017220002 993 RANDY WAY 1 5/24/2023 1018160010 185 SUNRISE DR 1 5/26/2023 1012111020 528 NOTTINGHAM DR 1 5/31/2023 1 TMP665 599 ARMSTRONG WAY 1 6/6/2023 1
TMP578 175 RAVEN CIRCLE 1 6/21/2023 1018640010 660 BIG BEAR CT 1 6/30/2023 1016161008 328 COLLETT CT 1 7/21/2023 1010130050 664 ANDERSON AVE 1 8/2/2023 1 016160030 1378 WINDSOR WAY 1 9/1/2023 1
010340029 4691 CHRISTENSON ST 1 9/13/2023 1007450046 2496 WINGED FOOT RD 1 10/25/2023 1 TMP591 160 RAVEN CIR 1 11/6/2023 1
TMP581 176 RAVEN CIRCLE 1 11/6/2023 1TMP585 180 RAVEN CIRCLE 1 11/6/2023 1TMP674 154 RAVEN CIR 1 11/15/2023 1 017240004 19 QUAIL CT 1 11/30/2023 1
013134002 300 CHESTNUT ST 1 12/12/2023 1
017070018 1320 MINNESOTA AVE 1 12/19/2023 1
Affordability by Household Incomes - Certificates of Occupancy 10 Project Identifier
Attachment
2

TMP617 1855 CHANDLER DR 0
TMP618 1861 CHANDLER DR 0
TMP619 1867 CHANDLER DR 0
TMP620 1873 CHANDLER DR 0
TMP621 1879 CHANDLER DR 0
TMP622 1885 CHANDLER DR 0
TMP628 1922 CHANDLER DR 0
TMP629 1916 CHANDLER DR 0
TMP630 1910 CHANDLER DR 0
TMP631 1904 CHANDLER DR 0
TMP632 1898 CHANDLER DR 0
TMP633 1892 CHANDLER DR 0
TMP634 2735 ALEXIA LN 0TMP635 2725 ALEXIA LN 0TMP636 2715 ALEXIA LN 0TMP637 1897 CHANDLER DR 0 TMP638 1903 CHANDLER DR 0
TMP639 1909 CHANDLER DR 0
TMP640 1915 CHANDLER DR 0
TMP641 1921 CHANDLER DR 0
TMP642 1927 CHANDLER DR 0
TMP688 1987 CHANDLER DR 0
TMP689 1993 CHANDLER DR 0
TMP690 1999 CHANDLER DR 0
TMP691 2000 CHANDLER DR 0
TMP692 1994 CHANDLER DR 0
TMP693 1982 CHANDLER DR 0
TMP694 1958 CHANDLER DR 0
TMP695 1952 CHANDLER DR 0
TMP696 1946 CHANDLER DR 0
TMP697 1940 CHANDLER DR 0
TMP698 1934 CHANDLER DR 0
TMP699 1928 CHANDLER DR 0
TMP701 1933 CHANDLER DR 0
TMP702 1939 CHANDLER DR 0
TMP700 1945 CHANDLER DR 0
TMP703 1951 CHANDLER DR 0
TMP704 1957 CHANDLER DR 0
TMP705 1963 CHANDLER DR 0
007660009 1501 MIWOK CT 0007550049 1972 SACRED MOUNTAIN LN 0TMP712 1466 DAFFODIL DR 0TMP710 1465 DAFFODIL DR 0TMP716 1897 WATER ST 0 TMP724 1893 WATER ST 0
TMP677 147 RAVEN CIR 0TMP668 158 RAVEN CIR 0TMP669 156 RAVEN CIR 0TMP721 1881 WATER ST 0 TMP722 1885 WATER ST 0
TMP723 1889 WATER ST 0
TMP661 1820 CRESTHAVEN ST 0
TMP730 1877 WATER ST 0
TMP726 1449 DAFFODIL DR 0
TMP727 1441 DAFFODIL DR 0
Attachment
2

TMP728 1433 DAFFODIL DR 0
TMP729 1425 DAFFODIL DR 0TMP658 176 CHINOOK DR 0TMP731 1417 DAFFODIL DR 0TMP732 1409 DAFFODIL DR 0TMP733 1401 DAFFODIL DR 0TMP734 1967 HELENA WAY 0TMP654 1821 CRESTHAVEN ST 0 TMP588 161 RAVEN CIR 0TMP590 162 RAVEN CIRCLE 0TMP589 164 RAVEN CIRCLE 0TMP667 159 RAVEN CIR 0TMP670 157 RAVEN CIR 0TMP671 155 RAVEN CIR 0TMP672 153 RAVEN CIR 0TMP673 151 RAVEN CIR 0TMP676 149 RAVEN CIR 0TMP657 172 CHINOOK DR 0 TMP379 154 Continente Ave 0
TMP678 611 ARMSTONG WAY 0TMP679 609 ARMSTRONG WAY 0TMP681 607 ARMSTRONG WAY 0TMP682 605 ARMSTRONG WAY 0TMP683 603 ARMSTRONG WAY 0TMP680 601 ARMSTRONG WAY 0TMP736 1974 HELENA WAY 0TMP737 1966 HELENA WAY 0TMP738 1958 HELENA WAY 0TMP739 1959 HELENA WAY 0TMP740 1458 DAFFODIL DR 0TMP741 1990 HELENA WAY 0TMP742 1982 HELENA WAY 0TMP743 1873 WATER ST 0 TMP706 1983 HELENA WAY 0TMP745 1975 HELENA WAY 0TMP656 1829 CRESTHAVEN ST 0 TMP498 1855 ORFANOS RANCH DR 1 1/6/2023 1
TMP516 2829 MICHALIA LN 1 1/6/2023 1
TMP475 1887 ORFANOS RANCH DR 1 1/9/2023 1
TMP559 302 VICTORIA DR 1 1/9/2023 1TMP560 304 VICTORIA DR 1 1/9/2023 1TMP561 147 CIDER DR 1 1/23/2023 1TMP522 1872 ORFANOS RANCH DR 1 1/24/2023 1TMP562 145 CIDER DR 1 1/24/2023 1 TMP460 1039 NIGHTHAWK WAY 1 1/26/2023 1
TMP463 1027 NIGHTHAWK WAY 1 1/26/2023 1
TMP558 355 ARMSTRONG WAY 1 1/30/2023 1
TMP563 353 ARMSTRONG WAY 1 1/31/2023 1
007730018 1689 PROVENCE LN 1 1/31/2023 1TMP459 1043 NIGHTHAWK WAY 1 2/1/2023 1TMP626 195 CHINOOK DR 1 2/2/2023 1 TMP568 165 RAVEN CIRCLE 1 2/6/2023 1
016590091 208 GOOSE CREEK AVE 1 2/9/2023 1
016590087 224 GOOSE CREEK AVE 1 2/9/2023 1
016590088 220 GOOSE CREEK AVE 1 2/9/2023 1
Attachment 2

016590104 237 WOOLEY CREEK WAY 1 2/9/2023 1
016590105 241 WOOLEY CREEK WAY 1 2/9/2023 1
TMP569 167 RAVEN CIRCLE 1 2/22/2023 1TMP571 166 RAVEN CIRCLE 1 2/23/2023 1TMP570 169 RAVEN CIRCLE 1 2/27/2023 1TMP572 168 RAVEN CIRCLE 1 3/1/2023 1 TMP625 204 CHINOOK DR 1 3/2/2023 1
TMP601 208 CHINOOK DR 1 3/6/2023 1
TMP573 171 RAVEN CIRCLE 1 3/9/2023 1
TMP574 173 RAVEN CIRCLE 1 3/15/2023 1TMP575 170 RAVEN CIRCLE 1 3/15/2023 1TMP518 1864 ORFANOS RANCH DR 1 3/17/2023 1TMP521 1876 ORFANOS RANCH DR 1 3/17/2023 1TMP576 172 RAVEN CIRCLE 1 3/27/2023 1TMP577 174 RAVEN CIRCLE 1 3/27/2023 1TMP653 187 CHINOOK DR 1 3/28/2023 1TMP519 1860 ORFANOS RANCH DR 1 4/13/2023 1TMP520 1880 ORFANOS RANCH DR 1 4/13/2023 1TMP517 1868 ORFANOS RANCH DR 1 4/19/2023 1TMP624 200 CHINOOK DR 1 5/17/2023 1TMP665 599 ARMSTRONG WAY 1 6/6/2023 1 TMP666 150 RAVEN CIR 1 6/9/2023 1
TMP578 175 RAVEN CIRCLE 1 6/21/2023 1TMP623 196 CHINOOK DR 1 7/14/2023 1TMP652 191 CHINOOK DR 1 7/26/2023 1TMP579 177 RAVEN CIRCLE 1 8/8/2023 1 TMP651 192 CHINOOK DR 1 8/16/2023 1
TMP659 179 CHINOOK DR 1 8/23/2023 1TMP624 183 CHINOOK DR 1 8/31/2023 1007550024 1983 SACRED MOUNTAIN LN 1 8/31/2023 1TMP541 1801 CHANDLER DR 1 9/1/2023 1 TMP543 1813 CHANDLER DR 1 9/6/2023 1
TMP536 2817 MICHALIA LN 1 9/11/2023 1TMP538 1783 CHANDLER DR 1 9/11/2023 1TMP539 1789 CHANDLER DR 1 9/12/2023 1TMP540 1795 CHANDLER DR 1 9/12/2023 1TMP545 1826 CHANDLER DR. 1 9/18/2023 1TMP546 1832 CHANDLER DR. 1 9/18/2023 1TMP548 1808 CHANDLER DR. 1 9/18/2023 1TMP544 1820 CHANDLER DR. 1 9/19/2023 1TMP547 1802 CHANDLER DR. 1 9/19/2023 1TMP549 1814 CHANDLER DR. 1 9/20/2023 1TMP542 1807 CHANDLER DR 1 9/21/2023 1TMP650 188 CHINOOK DR 1 9/27/2023 1TMP550 1778 CHANDLER DR. 1 10/5/2023 1TMP551 1784 CHANDLER DR. 1 10/5/2023 1TMP552 1790 CHANDLER DR. 1 10/9/2023 1TMP553 1796 CHANDLER DR. 1 10/9/2023 1007550022 1979 SACRED MOUNTAIN LN 1 10/17/2023 1 TMP598 1838 CHANDLER DR 1 10/18/2023 1
TMP599 1844 CHANDLER DR 1 10/23/2023 1
TMP582 178 RAVEN CIRCLE 1 10/24/2023 1
TMP595 1856 CHANDLER DR 1 10/24/2023 1
TMP675 152 RAVEN CIR 1 10/25/2023 1
TMP600 1850 CHANDLER DR 1 10/25/2023 1
Attachment 2

TMP597 1868 CHANDLER DR 1 10/26/2023 1
TMP596 1862 CHANDLER DR 1 11/1/2023 1007550040 1982 SACRED MOUNTAIN LN 1 11/2/2023 1007550039 1980 SACRED MOUNTAIN LN 1 11/2/2023 1TMP591 160 RAVEN CIR 1 11/6/2023 1TMP581 176 RAVEN CIRCLE 1 11/6/2023 1TMP585 180 RAVEN CIRCLE 1 11/6/2023 1TMP587 163 RAVEN CIR 1 11/7/2023 1TMP586 182 RAVEN CIRCLE 1 11/7/2023 1TMP605 1819 CHANDLER DR 1 11/14/2023 1 TMP606 1825 CHANDLER DR 1 11/14/2023 1
TMP674 154 RAVEN CIR 1 11/15/2023 1
007550041 1984 SACRED MOUNTAIN LN 1 11/16/2023 1
TMP607 1831 CHANDLER DR 1 11/16/2023 1
TMP608 1837 CHANDLER DR 1 11/16/2023 1
TMP609 1843 CHANDLER DR 1 11/20/2023 1
TMP610 1849 CHANDLER DR 1 11/20/2023 1
TMP660 175 CHINOOK DR 1 11/21/2023 1
TMP648 180 CHINOOK DR 1 11/28/2023 1
TMP649 184 CHINOOK DR 1 11/28/2023 1
TMP707 1481 DAFFODIL DR 1 12/5/2023 1
TMP708 1482 DAFFODIL DR 1 12/5/2023 1TMP614 1886 CHANDLER DR. 1 12/7/2023 1TMP615 1880 CHANDLER DR. 1 12/7/2023 1TMP616 1874 CHANDLER DR. 1 12/7/2023 1TMP709 1473 DAFFODIL DR 1 12/12/2023 1 TMP711 1474 DAFFODIL DR 1 12/12/2023 1
TMP611 2720 ALEXIA LN. 1 12/13/2023 1TMP613 2740 ALEXIA LN. 1 12/13/2023 1TMP718 1905 WATER ST 1 12/14/2023 1 TMP713 1909 WATER ST 1 12/15/2023 1
TMP717 1901 WATER ST 1 12/18/2023 1
TMP714 1457 DAFFODIL DR 1 12/20/2023 1
TMP715 1450 DAFFODIL DR 1 12/27/2023 1
016120025 1291 BUSINESS CENTER DR 12 1/12/2023 12
016120025 1291 BUSINESS CENTER DR 12 1/17/2023 12
016120025 1291 BUSINESS CENTER DR 12 1/31/2023 12
016120025 1291 BUSINESS CENTER DR 10 2/10/2023 10
016120025 1291 BUSINESS CENTER DR 12 2/22/2023 12
016120025 1291 BUSINESS CENTER DR 12 2/15/2023 12
016120025 1291 BUSINESS CENTER DR 12 3/2/2023 12
016120025 1291 BUSINESS CENTER DR 12 3/10/2023 12
19920013 2288 Acero 1 3/31/2023 1
019092013 1777 Apricot Trumark 0018230034 251 Hanson Hanson Lane 0018060040 7770 Lone Tree Trinity Estates 0 000000000
Attachment 2

Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction
13 14 15 16 17 18 19 20 21 22 23 24
Current APN Street Address Project Name+
How many of the
units were
Extremely Low
Income?
Please select the
streamlining
provision the
project was APPROVED
pursuant to. (may
select multiple)
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple
- see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Destroyed
Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
0 0
019780010 2289 INDIAN SPRINGS DR 0 NONE Y ABAG Survey019560010 548 LAKEVIEW DR 0 NONE Y ABAG Survey019580011 2559 RISEBRIDGE CT 0 NONE Y ABAG Survey018370013 2971 BEGONIA CT NONE Y ABAG SurveyTMP670 157 RAVEN CIR NONE Y ABAG SurveyTMP673 151 RAVEN CIR NONE Y ABAG Survey017150066 717 DAINTY AVE NONE Y ABAG Survey013150005 234 BIRCH ST NONE Y ABAG SurveyTMP588 161 RAVEN CIR NONE Y ABAG SurveyTMP678 611 ARMSTONG WAY NONE YTMP682 605 ARMSTRONG WAY 0 NONE Y ABAG Survey012390009 343 FLETCHER LN 0 NONE Y ABAG SurveyTMP559 302 VICTORIA DR 0 NONE Y ABAG SurveyTMP562 145 CIDER DR NONE Y ABAG SurveyTMP569 167 RAVEN CIRCLE NONE Y ABAG SurveyTMP573 171 RAVEN CIRCLE NONE Y ABAG SurveyTMP575 170 RAVEN CIRCLE NONE Y ABAG Survey010280029 25 SCHILLING CT NONE Y ABAG Survey019860059 1760 MEDITERRANEO WAY NONE Y ABAG Survey016470031 595 PLYMOUTH CT NONE Y ABAG Survey017220002 993 RANDY WAY 0 NONE Y ABAG Survey018160010 185 SUNRISE DR 0 NONE Y ABAG Survey012111020 528 NOTTINGHAM DR 0 NONE Y ABAG SurveyTMP665 599 ARMSTRONG WAY NONE Y ABAG SurveyTMP578 175 RAVEN CIRCLE NONE Y ABAG Survey018640010 660 BIG BEAR CT NONE Y ABAG Survey016161008 328 COLLETT CT NONE Y ABAG Survey010130050 664 ANDERSON AVE 0 NONE Y ABAG Survey016160030 1378 WINDSOR WAY NONE Y ABAG Survey010340029 4691 CHRISTENSON ST NONE Y ABAG Survey007450046 2496 WINGED FOOT RD 0 NONE Y ABAG SurveyTMP591 160 RAVEN CIR 0 NONE Y ABAG SurveyTMP581 176 RAVEN CIRCLE 0 NONE Y ABAG SurveyTMP585 180 RAVEN CIRCLE NONE Y ABAG SurveyTMP674 154 RAVEN CIR NONE Y ABAG Survey017240004 19 QUAIL CT NONE Y ABAG Survey013134002 300 CHESTNUT ST NONE Y ABAG Survey017070018 1320 MINNESOTA AVE NONE Y ABAG SurveyTMP617 1855 CHANDLER DR NONE YTMP618 1861 CHANDLER DR NONE YTMP619 1867 CHANDLER DR NONE YTMP620 1873 CHANDLER DR NONE YTMP621 1879 CHANDLER DR NONE YTMP622 1885 CHANDLER DR NONE YTMP628 1922 CHANDLER DR NONE YTMP629 1916 CHANDLER DR NONE YTMP630 1910 CHANDLER DR NONE YTMP631 1904 CHANDLER DR NONE YTMP632 1898 CHANDLER DR NONE YTMP633 1892 CHANDLER DR NONE YTMP634 2735 ALEXIA LN NONE YTMP635 2725 ALEXIA LN NONE YTMP636 2715 ALEXIA LN NONE YTMP637 1897 CHANDLER DR NONE YTMP638 1903 CHANDLER DR NONE YTMP639 1909 CHANDLER DR NONE YTMP640 1915 CHANDLER DR NONE YTMP641 1921 CHANDLER DR NONE YTMP642 1927 CHANDLER DR NONE YTMP688 1987 CHANDLER DR NONE YTMP689 1993 CHANDLER DR NONE YTMP690 1999 CHANDLER DR NONE YTMP691 2000 CHANDLER DR NONE YTMP692 1994 CHANDLER DR NONE YTMP693 1982 CHANDLER DR NONE YTMP694 1958 CHANDLER DR NONE YTMP695 1952 CHANDLER DR NONE YTMP696 1946 CHANDLER DR NONE YTMP697 1940 CHANDLER DR NONE YTMP698 1934 CHANDLER DR NONE YTMP699 1928 CHANDLER DR NONE YTMP701 1933 CHANDLER DR NONE YTMP702 1939 CHANDLER DR NONE YTMP700 1945 CHANDLER DR NONE YTMP703 1951 CHANDLER DR NONE YTMP704 1957 CHANDLER DR NONE Y Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units Density Bonus Attachment
2

TMP705 1963 CHANDLER DR NONE Y
007660009 1501 MIWOK CT NONE Y007550049 1972 SACRED MOUNTAIN LN NONE YTMP712 1466 DAFFODIL DR NONE Y TMP710 1465 DAFFODIL DR NONE YTMP716 1897 WATER ST NONE YTMP724 1893 WATER ST NONE YTMP677 147 RAVEN CIR NONE Y TMP668 158 RAVEN CIR NONE Y
TMP669 156 RAVEN CIR NONE Y
TMP721 1881 WATER ST NONE YTMP722 1885 WATER ST NONE YTMP723 1889 WATER ST NONE YTMP661 1820 CRESTHAVEN ST NONE Y TMP730 1877 WATER ST NONE YTMP726 1449 DAFFODIL DR NONE YTMP727 1441 DAFFODIL DR NONE YTMP728 1433 DAFFODIL DR NONE YTMP729 1425 DAFFODIL DR NONE YTMP658 176 CHINOOK DR NONE Y TMP731 1417 DAFFODIL DR NONE Y
TMP732 1409 DAFFODIL DR NONE YTMP733 1401 DAFFODIL DR NONE YTMP734 1967 HELENA WAY NONE YTMP654 1821 CRESTHAVEN ST NONE Y TMP588 161 RAVEN CIR NONE Y
TMP590 162 RAVEN CIRCLE NONE Y
TMP589 164 RAVEN CIRCLE NONE YTMP667 159 RAVEN CIR NONE Y TMP670 157 RAVEN CIR NONE Y
TMP671 155 RAVEN CIR NONE Y
TMP672 153 RAVEN CIR NONE Y
TMP673 151 RAVEN CIR NONE Y
TMP676 149 RAVEN CIR NONE Y
TMP657 172 CHINOOK DR NONE Y
TMP379 154 Continente Ave NONE YTMP678 611 ARMSTONG WAY NONE YTMP679 609 ARMSTRONG WAY NONE YTMP681 607 ARMSTRONG WAY NONE YTMP682 605 ARMSTRONG WAY NONE YTMP683 603 ARMSTRONG WAY NONE YTMP680 601 ARMSTRONG WAY NONE Y TMP736 1974 HELENA WAY NONE YTMP737 1966 HELENA WAY NONE YTMP738 1958 HELENA WAY NONE YTMP739 1959 HELENA WAY NONE YTMP740 1458 DAFFODIL DR NONE YTMP741 1990 HELENA WAY NONE YTMP742 1982 HELENA WAY NONE YTMP743 1873 WATER ST NONE YTMP706 1983 HELENA WAY NONE YTMP745 1975 HELENA WAY NONE YTMP656 1829 CRESTHAVEN ST NONE Y TMP498 1855 ORFANOS RANCH DR NONE Y
TMP516 2829 MICHALIA LN NONE YTMP475 1887 ORFANOS RANCH DR NONE Y TMP559 302 VICTORIA DR NONE Y
TMP560 304 VICTORIA DR NONE YTMP561 147 CIDER DR NONE Y TMP522 1872 ORFANOS RANCH DR NONE Y
TMP562 145 CIDER DR NONE Y
TMP460 1039 NIGHTHAWK WAY NONE Y
TMP463 1027 NIGHTHAWK WAY NONE Y
TMP558 355 ARMSTRONG WAY NONE Y INC 45
TMP563 353 ARMSTRONG WAY NONE Y INC 45
007730018 1689 PROVENCE LN NONE YTMP459 1043 NIGHTHAWK WAY NONE Y TMP626 195 CHINOOK DR NONE Y
TMP568 165 RAVEN CIRCLE NONE Y016590091 208 GOOSE CREEK AVE NONE Y 016590087 224 GOOSE CREEK AVE NONE Y
016590088 220 GOOSE CREEK AVE NONE Y
016590104 237 WOOLEY CREEK WAY NONE Y016590105 241 WOOLEY CREEK WAY NONE YTMP569 167 RAVEN CIRCLE NONE Y TMP571 166 RAVEN CIRCLE NONE YTMP570 169 RAVEN CIRCLE NONE YTMP572 168 RAVEN CIRCLE NONE YTMP625 204 CHINOOK DR NONE Y TMP601 208 CHINOOK DR NONE Y
TMP573 171 RAVEN CIRCLE NONE YTMP574 173 RAVEN CIRCLE NONE YTMP575 170 RAVEN CIRCLE NONE YTMP518 1864 ORFANOS RANCH DR NONE Y TMP521 1876 ORFANOS RANCH DR NONE Y
TMP576 172 RAVEN CIRCLE NONE YTMP577 174 RAVEN CIRCLE NONE YTMP653 187 CHINOOK DR NONE Y TMP519 1860 ORFANOS RANCH DR NONE Y
TMP520 1880 ORFANOS RANCH DR NONE Y
TMP517 1868 ORFANOS RANCH DR NONE Y
TMP624 200 CHINOOK DR NONE Y
TMP665 599 ARMSTRONG WAY NONE YTMP666 150 RAVEN CIR NONE Y TMP578 175 RAVEN CIRCLE NONE Y
Attachment 2

TMP623 196 CHINOOK DR NONE Y
TMP652 191 CHINOOK DR NONE Y
TMP579 177 RAVEN CIRCLE NONE YTMP651 192 CHINOOK DR NONE Y TMP659 179 CHINOOK DR NONE Y
TMP624 183 CHINOOK DR NONE Y
007550024 1983 SACRED MOUNTAIN LN NONE YTMP541 1801 CHANDLER DR NONE Y TMP543 1813 CHANDLER DR NONE YTMP536 2817 MICHALIA LN NONE YTMP538 1783 CHANDLER DR NONE YTMP539 1789 CHANDLER DR NONE YTMP540 1795 CHANDLER DR NONE YTMP545 1826 CHANDLER DR. NONE YTMP546 1832 CHANDLER DR. NONE YTMP548 1808 CHANDLER DR. NONE YTMP544 1820 CHANDLER DR. NONE YTMP547 1802 CHANDLER DR. NONE YTMP549 1814 CHANDLER DR. NONE YTMP542 1807 CHANDLER DR NONE YTMP650 188 CHINOOK DR NONE Y TMP550 1778 CHANDLER DR. NONE Y
TMP551 1784 CHANDLER DR. NONE YTMP552 1790 CHANDLER DR. NONE YTMP553 1796 CHANDLER DR. NONE Y007550022 1979 SACRED MOUNTAIN LN NONE YTMP598 1838 CHANDLER DR NONE YTMP599 1844 CHANDLER DR NONE YTMP582 178 RAVEN CIRCLE NONE YTMP595 1856 CHANDLER DR NONE YTMP675 152 RAVEN CIR NONE Y TMP600 1850 CHANDLER DR NONE Y
TMP597 1868 CHANDLER DR NONE YTMP596 1862 CHANDLER DR NONE Y007550040 1982 SACRED MOUNTAIN LN NONE Y007550039 1980 SACRED MOUNTAIN LN NONE YTMP591 160 RAVEN CIR NONE Y TMP581 176 RAVEN CIRCLE NONE Y
TMP585 180 RAVEN CIRCLE NONE YTMP587 163 RAVEN CIR NONE Y TMP586 182 RAVEN CIRCLE NONE Y
TMP605 1819 CHANDLER DR NONE YTMP606 1825 CHANDLER DR NONE YTMP674 154 RAVEN CIR NONE Y 007550041 1984 SACRED MOUNTAIN LN NONE YTMP607 1831 CHANDLER DR NONE Y TMP608 1837 CHANDLER DR NONE YTMP609 1843 CHANDLER DR NONE YTMP610 1849 CHANDLER DR NONE YTMP660 175 CHINOOK DR NONE Y TMP648 180 CHINOOK DR NONE Y
TMP649 184 CHINOOK DR NONE Y
TMP707 1481 DAFFODIL DR NONE YTMP708 1482 DAFFODIL DR NONE YTMP614 1886 CHANDLER DR. NONE Y TMP615 1880 CHANDLER DR. NONE YTMP616 1874 CHANDLER DR. NONE YTMP709 1473 DAFFODIL DR NONE Y TMP711 1474 DAFFODIL DR NONE YTMP611 2720 ALEXIA LN. NONE Y TMP613 2740 ALEXIA LN. NONE Y
TMP718 1905 WATER ST NONE YTMP713 1909 WATER ST NONE YTMP717 1901 WATER ST NONE YTMP714 1457 DAFFODIL DR NONE YTMP715 1450 DAFFODIL DR NONE Y016120025 1291 BUSINESS CENTER DR NONE Y016120025 1291 BUSINESS CENTER DR NONE Y016120025 1291 BUSINESS CENTER DR NONE Y016120025 1291 BUSINESS CENTER DR NONE Y016120025 1291 BUSINESS CENTER DR NONE Y016120025 1291 BUSINESS CENTER DR NONE Y016120025 1291 BUSINESS CENTER DR NONE Y016120025 1291 BUSINESS CENTER DR NONE Y19920013 2288 Acero NONE Y INC 45 019092013 1777 Apricot Trumark NONE Y INC
018230034 251 Hanson Hanson Lane NONE Y INC018060040 7770 Lone Tree Trinity Estates NONE Y Attachment 2

Jurisdiction Brentwood ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 01/31/2023 - 01/31/2031 1 Projection Period 34
RHNA Allocation by
Income Level
Projection Period -
06/30/2022-
01/30/2023
2023 2024 2025 2026 2027 2028 2029 2030 2031 Total Units to Date (all years) Total Remaining RHNA by Income Level Deed Restricted - - - - - - - - - - Non-Deed Restricted - 6 - - - - - - - - Deed Restricted - 1 - - - - - - - - Non-Deed Restricted - 6 - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - 6 - - - - - - - - Above Moderate 641 - 113 - - - - - - - - 113 528
1,522
- 132 - - - - - - - - 132 1,390
5 67
Extremely low-Income
Need 2023 2024 2025 2026 2027 2028 2029 2030 2031 Total Units to Date Total Units Remaining 201 - - - - - - - - - - 201
VLI Deed Restricted
VLI Non Deed Restricted
225
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.

Total RHNA
Total Units
Income Level
Very LowLowExtremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data.Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD s online APR system, or contact HCD staff at [email protected].
241
6 This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs. 6 Moderate
402 232 247
Please contact HCD if your data is different than the material supplied here 7 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
396
Attachment
2

Jurisdiction Brentwood ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 01/31/2023 - 01/31/2031 Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low- Income Low-Income Moderate-Income Above Moderate- Income Rezone Type Parcel Size (Acres) General Plan Designation Zoning Minimum Density Allowed Maximum Density Allowed Realistic Capacity Vacant/Nonvacant Description of Existing Uses Note: "+" indicates an optional fieldCells in grey contain auto-calculation formulas Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
Attachment
2

Jurisdiction Brentwood
Reporting Year 2023 (Jan. 1 - Dec. 31)
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation 1a: Biennial Evaluation
On-going biennial evaluation. The objective is to maintain adequate residential sites.

On-going
The City has had relatively few land use changes since the adoption of its Housing Element. All land use changes are evaluated at the time of processing to insure that adequate residential acreage remains available for all income levels in order to meet the City's RHNA. 1b: Second Unit/Accessory Units
Continue to encourage the use of second units in single-family residential areas in meeting the City's low and moderate income housing objectives. On-going implementation anticipated to result in 25 new second units during planning period.

On-going
The City was successful in updating its accessory dwelling unit ordinance in order to be in conformance with new State regulations. This past year, the City has issued permits for an additional 18 units. It is anticipated that additional accessory dwelling units will be added throughout the planning period. While the City had hoped to issue permits for 25 ADUs over the entire 8-year planning period, the City has greatly surpassed expectations with over 25 in the last two years alone.
1c: Emergency Shelters and Transitional and Supportive Housing Sites To accommodate emergency shelters, transitional housing, and supportive housing.

Implement in conjunction with adoption of the Housing Element The City was successful in updating its zoning ordinance to implement this action program by adding a chapter addressing emergency shelters in 2015, an amendment to the Planned Development 38 Zone to allow emergency shelters as a permitted use within Subarea C of the zone, and an amendment to the definitions chapter to address transitional and supportive housing within all residential zoning designations.
1d: Monitor At-Risk Projects
To identify any at-risk units one year prior to the next Housing Element Update.

One year prior to next Housing Element update
As part of the 2023-2031 Housing Element update a the City analyzed whether there were units "at risk" and concluded that there were no units at risk within the next Housing Element cycle. 1e: Community education regarding the availability of rehabilitation programs Objective is rehabilitation of 30 units. On-going
The City continues to encourage participation in affordable housing programs through updates and information on a range of programs promoting affordable housing on the City's website including the County’s Neighborhood Preservation Program and Weatherization Program administered by the County’s Department of Conservation and Development.
1f: Housing Condition Survey
Objective is to maintain a current survey.

Update survey by 2018 and every five years thereafter
The City conducted a windshield housing condition survey as part of the Housing Element Update in 2023. 1g: Residential Design Guidelines
Objective is continued implementation of the Residential Design Guidelines. On-going The City adopted Interim Objective Residential Design Guidelines in 2023 and is currently working on public outreach for permenant Objective Design Guidelines to be complete by the end of 2024.

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 Attachment
2

1h: Code Enforcement Objective is to maintain code compliance. On-going The City employs four full-time code enforcement personnel who provide both proactive and reactive code enforcement to ensure adherence to and address land use regulations and State and local laws, health and safety concerns, property maintenance, and nuisance conditions.
1i: Water Conservation Program
Promote the use of water conservation devices in existing structures. On-going The City continues to implement the City's Water Conservation Program, which promotes the use of water conservation devices in existing structures, including use of low-flow toilets and shower heads, and water-conserving landscaping.
1j: Landscaping Water Efficiency
Objective is to achieve a 20% consumption reduction by 2020. On-going The City has adopted and implements on an on-going basis a model water efficiency landscape ordinance in accordance with Assembly Bill 1881, and the Water Conservation in Landscaping Act, to conserve water and reduce consumption by 20% by the year 2020. 1k: Energy Efficient Design
Objective is continued compliance with Cal Green. On-going The City continues to implement the California Green Building Standards Code (CalGreen), encouraging new development and substantial rehabilitation projects to achieve a greater reduction in efficiency and conservation where feasible. 1l: Condominium Conversion
Objective is to ensure that there is not a significant adverse impact associated with condominium conversions.

On-going
The City has not received any applications for condominium conversions, however, if an application is submitted, the City will continue to implement its adopted condominium conversion ordinance to regulate conversions of multifamily units and to mitigate tenant displacement and minimize displacement of seniors, disabled, and low- and moderate-income residents. 1m: Farmworker Housing Objective is to accommodate farmworker housing. Concurrently with adoption of the housing element.

The
City has revised its definition of "agriculture" in the zoning code to identify that employee housing, as identified by Health and Safety Code Section 17021.6, is considered an agricultural use and is subject to the same permitting requirements and standards as any other agricultural use in the same zone. Further analysis and potential changes will be reviewed as part of the Zoning Code Update to take place in 2024.
1n: Family definition Objective is to ensure fair housing.

Concurrently with adoption of the housing element.

The City has revised its definition of "family" in the zoning code to remove the phrase "related by blood, marriage, or adoption." Further analysis and potential changes will be reviewed as part of the Zoning Code Update to take place in 2024. 1o: Affordable Housing Requirement
Objective is to encourage affordable housing.

Concurrently with adoption of the housing element.

The City has revised its affordable housing ordinance to address this policy and be consistent with State law. 2a: Compliance with Affordable Housing Ordinance
Annually track development of affordable housing units and adjust ordinance as needed.

On-going
In 2022 the City was successful in amending its affordable housing ordinance by increasing the percentage from 10% to 13% in order to create more affordable units as well as removal of the option to pay in-lieu fees for larger projects. Tracking of affordable units continued in 2023 to determine if further adjustments to the Ordinance will be required.
2b: Additional Development Incentives for Affordable Housing Objective is to provide incentives to affordable housing projects and to encourage development of units.

On-going
The City has available incentives to encourage the production of affordable housing such as increased density, fast track processing, fee deferrals, flexible development standards, flexible zoning, direct financial assistance, and additional concessions and incentives. 2c: First Time Homebuyer Assistance Program
Provision of first time homebuyer assistance services. On-going The City was successful granting down payment assistance loans for two new loans for low-income homeowners totalling $49,000 in 2023.

Attachment 2

2d: Affordable Housing
Assistance
Objective (in conjunction with other actions) is to provide 20 extremely low, 50 very low, and 50 low income units during the planning period by exploring a variety of potential financial assistance programs from both the public and private sectors to provide more affordable houing units.

Biennial review to determine available programs
The City continues to monitor all new potential financial assistance programs from both the public and private sectors. 2e: Partnership Program
Meet with developers and outside agencies when interest is expressed and follow up annually.

On-going
In 2023, the City met with two non-profit developers who had shown interest in partnering with the City to develop City owned property. Although no partnerships were established in 2023, the City continues to openly communicate and meet with developers to help facilitate partnerships when appropriate. 2f: Support Housing Sponsors
Provide affordable housing units, in conjunction with other actions, by contacting interested housing sponsors on an annual basis.

Annually
Although this situation did not present itself in 2023, the City will continue to consider both non-profit vs. for-profit partnerships with interested housing sponsors on a case-by-case basis. 2g: Streamline Application Process
Continue efforts to strealine and
improve the development review process, as well as eliminate any unnecessary delays and restrictions in the processing of development applications.

On-going
The City has completed an update for all development applications, which clearly outlines submittal materials required and expected processing times, in order to expedite processing and minimize incomplete applications. 2h1: Land Acquisition
Consider potential residential land for affordable housing, to the extent that financial and staff resources are available to proceed with purchase of land On-going
The City continues to review possible opportunities to acquire residentially zoned land for the purposes of constructing affordable housing, however, in 2023, no land was acquired.
2h2: Density Bonus
Revise density bonus ordinance concurrent with adoption of housing element update.

Concurrently with adoption of the housing element
In 2023, the City initiated an amendment to the zoning ordinance ato update the density bonus ordinance to comply with State law. The Ordinance was introduced to the City Council in February 2024. 2i: Priority Building Inspections for Affordable Housing Projects The City will give priority to low and very low income housing projects for building inspections carried out during various stages of the construction process.

On-going The City continues to give priority to low and very low income housing projects for building inspections on an as-needed basis. 2j: Improve Certainty of Residential Development Standards Maintain flexibility for the developer in providing affordable units. On-going The City adopted Interim Objective Residential Design Guidelines in 2023 and is currently working on public outreach for permenant Objective Design Guidelines to be complete by the end of 2024, which is anticipated to include residential development standards for improved certainty. In order to maintain flexibility for the developer in providing affordable units, an applicant may elect to create their own development standards through the rezoning and planned development amendment processes. 2k: Development Fees Objective is to address potential constraints to affordable housing. Biennial review of fees In 2023, the City Council authorized a fee study for building related development fees which is anticipated to be concluded in 2024. The City continues to monitor all development on an on-going basis.

Attachment 2

2l: Water and Sewer
Priority
Objective is to comply with requirements of State law associated with provision of Housing Element to water and sewer providers.

Upon adoption of the housing element Complete
2m: Affordability Monitoring
Require affordable housing projects that receive City assistance to enter into an affordable housing agreement to ensure continuing affordability.

Project-by-project basis
The City continues to require all projects that receive City assistance to enter into an affordable housing agreement to ensure all future affordability requirements are met. 3a: Affordable Housing Design and Distribution
Ensure affordable units are harmonious and comparable to market-rate units exterior design and are dispersed within the development to avoid concentration.

On-going The City monitors development with affordable units to ensure that they blend in with the market rate units and are dispersed throughout the project. 3b: Community Education
Educate the community about annual incomes for typical occupations and the equivalent "buying power" of these incomes.

On-going
The City continues to provide public information regarding income ranges of very low, low, and moderate incomes needed to apply for local and regional affordable housing and available programs. 3c: Development Incentives
Prepare package summarizing available incentives in 2016.

Review and update the package, as necessary, on a biennial basis No update at this time.
3d: Marketing Materials
Update materials provided to affordable housing developers to include an inventory of sites and information regarding housing needs by 2016.

Review and update the package, as necessary, on a biennial basis.

In 2023, the City continued to provide updated information in electronic (i.e., web) and printed format to educate private citizens, developers, and other interested parties on the range of programs promoting affordable housing. 3e: Meet with Potential Developers
Seek out potential developers on infill residential sites. On-going The City continues to provide a wide range of information and available resources related to affordable housing on the City’s website. The City will continue to encourage owners of residential sites to partner with developers and non-profit organizations. 3f: Housing for Extremely Low, Very Low and Low Income Residents Objective is to provide affordable housing units, in conjunction with other actions.

On-going
The City continues to provide information and other suggested resources on City, County CDBG and HOME Funds, Federal, and State housing development programs and funds on the City’s website to encourage development of housing projects for extremely low, very low and low income households. 3g: Improve Participation in Existing Local Housing Assistance Programs.

Provide access to available housing assistance programs for Brentwood residents through improved marketing and outreach efforts.

On-going The City has included information on its website regarding housing assistance programs. 4a: Cooperative Association with NonProfits
Continue to refer cases and questions to Bay Area Leggal Aid, Housing Rights Inc., Shelter, Inc., and Pacific Community Services for assistance.

On-going On-going
4b: Disseminate Fair Housing Information
Disseminate fair housing information widely in the community in multiple languages.

On-going
The City continues to provide information and other suggested resources on fair housing laws on the City’s website including links to ECHO, which provides tenant/landlord education programs.

Attachment 2

4c: Foreclosure
Prevention and Loan Modification Information
Continue to provide foreclosure prevention and loan modification information.

On-going
The City provides foreclosure prevention and loan modification information on its website, sponsors workshops for the community, and refers owners to nonprofit counseling and service providers for legal, credit, foreclosure, and loan modification counseling.
4d: Housing Opportunities for Special Needs Groups
Objective is to provide 50 special needs units (farmworker, affordable senior, disabled, developmentally disabled, large households, single female head of household, homeless) during the planning period.

On-going with annual progress review
The City continues to provide housing opportunities for households with special needs and will continue to monitor progress on an annual basis. 4e: Coordination with Agencies Serving the Homeless
Cooperate with public and private agencies to develop housing (including transitional housing), family counseling, and employment programs for the homeless.

On-going The City will continues to cooperate with public and private agencies to develop housing programs to combat homelessness. 4f: Reasonable Accommodation
Amend the zoning ordinance within one year to include a written reasonable accommodation policy for persons with disabilities.

Concurrent with adoption of the housing element
The City was successful in updating its zoning ordinance to include a written reasonable accommodation policy for persons with disabilities.

Attachment 2

Jurisdiction Brentwood ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 01/31/2023 - 01/31/2031 Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
34 APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Very Low Income Low Income Moderate Income Above Moderate Income Description of Commercial Development Bonus Commercial Development Bonus Date Approved Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020
Attachment
2

Jurisdiction Brentwood ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulasPlanning Period 6th Cycle 01/31/2023 - 01/31/2031 The description should adequately document how each unit complies with subsection (c) of Government Code Section 65583.1+.

For detailed reporting requirements, see the chcklist here:

Extremely LowIncome+ Very Low-Income+ Low-Income+ TOTAL UNITS+ Extremely Low- Income+ Very Low- Income+ Low-Income+ TOTAL UNITS+ https://www.hcd.ca.gov/community‐ development/docs/adequate‐sites‐checklist.pdf Rehabilitation ActivityPreservation of Units At-RiskAcquisition of UnitsMobilehome Park PreservationTotal Units by Income Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD at [email protected] and we will unlock the form which enable you to populate these fields.

Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020
Attachment
2

Jurisdiction Brentwood ANNUAL ELEMENT PROGRESS REPORT
Note: "+" indicates an optional field
Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulasPlanning Period 6th Cycle 01/31/2023 - 01/31/2031 Notes
23 6
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(2 to 4,5+)
Tenure
R=Renter
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
ModerateIncome Non Deed
Restricted
Above
ModerateIncome
Total Moderate Income Units
Converted from Above
Moderate
Date Converted Notes
Summary Row: Start Data Entry Below 0 0 0 0 0 00 0
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Moderate Income RHNA Attachment
2

Jurisdiction Brentwood
Reporting Period 2023 (Jan. 1 - Dec. 31)Planning Period 6th Cycle 01/31/2023 - 01/31/2031 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
23 4
APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Realistic Capacity Identified in the Housing Element Entity to whom the site transferred Intended Use for Site 1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional fieldCells in grey contain auto-calculation formulas Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.

Attachment
2

Jurisdiction Brentwood Note: "+" indicates an optional field Reporting Period 2023
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
1 2 34 5 6 7
APN Street Address/Intersection Existing Use Number of Units Surplus Designation Parcel Size (in acres) Notes 010-150-040 Guthrie Ln near SWC of Balfour Rd Other 0 Surplus Land 2.89 Detention Basin019-110-076 SR 4/San Jose Ave Vacant 0 Surplus Land 1.99 Vacant 019-082-008 Old Sand Creek Rd at SR 4 Vacant 0 Surplus Land 1.87 Vacant with a large part under PGE lines012-020-003 498 Fairview Ave Vacant 0 Surplus Land 1.27 Vacant016-190-033 East Sand Creek Road (Sciortino) Vacant 0 Surplus Land 1.26 Vacant 016-010-019 1907 Jane Way Vacant 0 Surplus Land 1.01 Vacant016-010-020 1909 Jane Way Vacant 0 Surplus Land 0.8 Vacant019-031-004 2001 Shady Willow Ln Vacant 0 Surplus Land 0.99 Vacant019-050-234 6685 & 6691 Lone Tree Way Vacant 0 Surplus Land 0.75 Vacant 017160-004 1000 Central Blvd Vacant 0 Surplus Land 3.64 Mixed Use - Successor Agency Owned 016-010-016 7030 Brentwood Blvd. Vacant 0 Surplus Land 2.11 Successor Agency Owned013-232-006 SE Corner Oak/Walnut Vacant 0 Surplus Land 1.84 Mixed Use - Successor Agency Owned010-160-035 400 Guthrie Ln Industrial 0 Surplus Land 1.24 Industrial/Commercial - Successor Agency Owned 013-010-092 Second/Central Vacant 0 Surplus Land 0.5 Mixed Use - Successor Agency Owned NOTE: This table must contain an invenory of ALL surplus/excess lands the reporting jurisdiction owns Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For Contra Costa County jurisdictions, please format the APN's as follows:999-999-999-9 Attachment
2

Jurisdiction Brentwood ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 01/31/2023 - 01/31/2031 Project Type Date
23 APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Unit Category (SH - Student Housing) Date Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Summary Row: Start Data Entry Below
Note
Cells in g
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This
table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to
Government Code65915(b)(1)(F)
Annual Progress Report January 2020
Attachment
2

Jurisdiction Brentwood ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2023 (Jan. 1 - Dec. 31)Planning Period 6th Cycle 01/31/2023 - 01/31/2031 Yes Does the Jurisdiction have a local tenant preference policy? If the jurisdiction has a local tenant preference policy, provide a link to the jurisdiction's webpage on their internet website containing authorizing local ordinance and supporting materials.

Notes
Table K
Tenent Preference Policy
Local governments are required to inform HCD about any local tenant preference ordinance the local government maintains when the jurisdiction submits their annual progress report on housing approvals and production, per Government Code 7061 (SB 649, 2022, Cortese). Effective January 1, 2023, local governments adopting a tenant preference are required to create a webpage on their internet website containing authorizing local ordinance and supporting materials, no more than 90 days after the ordinance becomes operational.
https://ecode360.com/43626202#43626202 and https://www.brentwoodca.gov/home/showpublisheddocument/2454/63779397465320000 Attachment
2

Jurisdiction Brentwood
Reporting Year 2023 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto‐populated based on amounts entered in rows 15‐26.

Task $ Amount Awarded $ Cumulative Reimbursement Requested Other Funding Notes Summary of entitlements, building permits, and certificates of occupancy (auto‐populated from Table A2) Current Year
Deed Restricted 7Non-Deed Restricted 0Deed Restricted 6Non-Deed Restricted 0Deed Restricted 5Non-Deed Restricted 0 142160
Current Year
Deed Restricted 0Non-Deed Restricted 6Deed Restricted 1Non-Deed Restricted 6Deed Restricted 0Non-Deed Restricted 6 113132
Current Year
Deed Restricted 0Non-Deed Restricted 2Deed Restricted 3Non-Deed Restricted 3Deed Restricted 0Non-Deed Restricted 22 200230
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable. $                                                                                                                                         ‐ Task Status
Attachment
2

CITY COUNCIL AGENDA ITEM NO. G.5
03/12/2024
SUBJECT: Second Reading of a Zoning Text Amendment (RZ 23-005) to repeal and replace Local Density Bonus Regulations and
Reference State Density Bonus Law, and modify the definition of Low-income household within the Brentwood Municipal Code.

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 second reading of and adopt Ordinance No. 1068, 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 adopting 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
Brentwood Municipal Code (BMC) Chapter 17.720 (Density Bonus Program) regulates and implements the State of California Density Bonus Law (SDBL), as outlined in

CITY COUNCIL AGENDA ITEM NO. G.5
03/12/2024
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.

The amendment would 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.

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, staff recommends making the change to the current definition of “Lowincome 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.

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 lower be inclusive of both very-low and low income households, to just low income households.

City Council Meeting of February 27, 2024
On February 27, 2024, the City Council considered the proposed amendments to the Brentwood Municipal Code. After deliberation, the City Council, with a vote of 5-0, introduced and waived the first reading of the proposed ordinance for RZ23-005.

CITY COUNCIL AGENDA ITEM NO. G.5
03/12/2024

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

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

DATE OF NOTICE
The City of Brentwood published a public hearing notice in the Brentwood Press on February 16, 2024, for the February 27, 2024 public hearing held on the ordinance.

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.

ATTACHMENT(S)

1. Previous Actions

2. City Council Ordinance No. 1068 for RZ 23-005
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 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.

On February 27, 2024, the City Council waived the first reading and introduced 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.

ORDINANCE NO. 1068

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, 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 12, 2024, provides 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 recommend the City Council adopt the proposed Ordinance by a vote of 5-0; and
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

Attachment 2

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, at a public hearing held on February 27, 2024, the City Council introduced and waived the first reading of this Ordinance.

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 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.

Attachment 2

SECTION 4. Amendment. Chapter 17.720 (Density Bonus Program) is hereby repealed and replaced to implement State Density Bonus Law and adopt Government Code Sections 65915–65918 by reference, and Section 17.725.002 (Definitions) of the City’s Affordable Housing Ordinance is hereby modified to amend the definition of Low-income household to be read in its entirety as provided in Exhibit A1 and A2, attached hereto and incorporated herein by reference. 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.

THIS 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:

THIS ORDINANCE was adopted with the second reading waived at a regular meeting of the City Council of the City of Brentwood on the 12th day of March 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 or other regulatory benefits unless the applicant complies with the replacement housing requirements therein.

17.720.030. Definitions.

Attachment 2

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 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,

Attachment 2

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.

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

Attachment 2

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 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.

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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

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

Attachment 2

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 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

Attachment 2

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.

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

Attachment 2

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, 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.

Attachment 2

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 fee shall be adjusted annually in accordance with appropriate factors or indexes as adopted by the cost allocation plan.

Attachment 2

“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 or townhouse developments, condominium conversions, cooperative developments, mixed use developments that include housing units, manufactured housing,

Attachment 2

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. G.6
3/12/2024
SUBJECT: Second reading of two ordinances to regulate non-motorized sidewalk vending along public sidewalks and mobile vending from motorized vehicles on public and private property and declaring the ordinances exempt from CEQA.

DEPARTMENT: Community Development
STAFF: Alexis Morris, Director of Community Development

TITLE/RECOMMENDATION
Staff recommends that the City Council waive the second reading and adopt the following:
1) Ordinance No. 1069 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) Ordinance 1070 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 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 Ordinance or their implementation would have a significant negative effect on the environment. 14 Cal. Code Regs. § 15061(b)(3).

FISCAL IMPACT
Any fees for permits or revenue from business license tax certificates would be included in the General Fund. 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

CITY COUNCIL AGENDA ITEM NO. G.6
3/12/2024
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
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.

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

CITY COUNCIL AGENDA ITEM NO. G.6
3/12/2024
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.

SIDEWALK VENDING ORDINANCE
The 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.

CITY COUNCIL AGENDA ITEM NO. G.6
3/12/2024

MOBILE VENDING FROM MOTORIZED VEHICLES ORDINANCE
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.

CITY COUNCIL MEETING OF FEBRUARY 27, 2024
On February 27, 2024, the City Council considered the proposed ordinances. After deliberation, the City Council, with a vote of 5-0, introduced and waived the first reading of Ordinance 1069. The City Council, with a vote of 5-0, introduced and waived first reading of Ordinance 1070 and provided the following direction to staff:
• Return with a detailed staff report on regulations for long-term mobile vending facilities as part of the focused zoning or ordinance update • Future staff report adding 5.68.050 M with the 4 day regulation and removing it from the draft Ordinance.
• Discuss fees that would be a part of the permit for Council to further discuss and make a determination about
• Provide information on a potential grant program for the fees

CITY COUNCIL AGENDA ITEM NO. G.6
3/12/2024

CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.

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

DATE OF NOTICE
Not Applicable.

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 adopt Ordinances No. 1069 and No. 1070.

2. Modify one or both of the Ordinances based on legally defensible findings, waive the first reading of any such modified Ordinance, and calendar a date for second reading at a future City Council meeting.

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

ATTACHMENT(S)

1. Previous Action

2. City Council Ordinance No. 1069

3. City Council Ordinance No. 1070

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.

On February 27, 2024, the City Council waived the first reading and introduced an ordinance 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.

On February 27, 2024, the City Council waived the first reading and introduced an ordinance Repealing and Replacing Chapter 5.68 of the Brentwood Municipal Code Regarding Mobile Vending.

ORDINANCE NO. 1069

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

cannot be displayed on the ground, or on public use items such as benches anywhere including the downtown area, tables, and/or park benches. If affixed to the sidewalk vendor cart, the overall space taken up by the sidewalk vendor cart shall not 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.

E. Sidewalk vendors shall provide a trash receptacle for customers in or on their sidewalk vending cart and shall ensure proper disposal of customer trash. Prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and dispose of all trash or refuse generated by the vending operations or the vendor’s customers within a fifteen (15) foot radius of the vending location.

F. Sidewalk vendors shall immediately clean up any food, grease, or other fluid or item related to sidewalk vending activities that falls on public property.

G. Sidewalk vendors of food or food products shall possess and display in plain view on the vending cart a valid public health permit from the Contra Costa County Department of Environmental Health and operate in accordance with such permit.

H. Sidewalk vendors shall possess and display in plain view on the vending cart or on the sidewalk vendor’s person at all times while vending a valid permit issued pursuant to this Chapter, as well as any other permit or license required by the City and any other appropriate governmental agency.

I. All signage and advertising related to the sidewalk vendor shall be attached to the sidewalk vending cart or the sidewalk vendor’s person. No signs or displays may be placed on public property.

J. Sidewalk vendors shall possess at all times while vending, current liability insurance in accordance with section 5.64.030.

K. Sidewalk vendors shall comply with all applicable Federal, State, county, and local laws, including without limitation State food preparation, handling, and labeling requirements; fire codes and regulations; noise standards; alcoholic beverages, tobacco products, cannabis, electronic cigarettes, smoking devices and controlled substances regulations; sanitation and health standards set forth in this Division; and the Americans with Disabilities Act of 1990 and other disability access standards (both State and Federal).

L. All sidewalk vendors shall allow a police officer, firefighter, fire prevention specialist, code enforcement officer, health inspector, or other government official charged with enforcing laws related to the sidewalk vendor’s activities, at any time, to inspect their sidewalk vending cart.

M. Vending carts shall not be chained, fastened, or affixed at any time to any building or structure, including, but not limited to, lampposts, parking meters,

traffic signals, fire hydrants, benches, bus shelters, trash cans, street signs, trees, or other objects within the public right-of-way. No vending cart shall become a permanent fixture on the vending site or be considered an improvement to real property.

N. Vending carts shall not be left unattended or stored on public property or within the public right-of-way. Vending carts shall be removed from public property when not in active use by a sidewalk vendor.

O. Carts must be self-contained, including any power, fuel, cooling, cooking, shading and heating equipment. Carts shall not contain or use explosive or hazardous materials with the exception of propane.

P. Sidewalk vendors may not attach or use water lines, electrical lines, or gas lines while vending. Sidewalk vendors may not use an electrical outlet owned by the City or any other person. Sidewalk vendors may not run power cords or extension cords across the sidewalk or other public right-of-way.

Q. Sidewalk vendors may not place any type of fencing or other dividers around the vending cart.

R. Sidewalk vendors shall not vend 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).

S. Sidewalk vendors shall not vend live animals, wildlife, fish, fowl, or insects.

T. Sidewalk vendors shall not vend to customers in vehicles.

U. Sidewalk vendors may not rent merchandise or vend services.

V. Vending carts may not be placed on and sidewalk vendors may not stand on areas improved with lawns, flowers, shrubs, street trees, or other landscaping.

W. No sidewalk vendor or cart may use a device that produces a loud noise, nor may the vendor use a loud speaker, public address system, radio, sound amplifier or similar device.

X. Roaming vendors vending in residential areas shall move continuously, except when conducting a sale, which must last no more than fifteen (15) minutes.

In no event shall a roaming vendor conduct its operations in a residential area in such a manner to constitute operating in a fixed location.

Y. Stationary sidewalk vendors who operate after daylight hours shall provide adequate lighting that may be necessary to ensure customer safety. Lighting shall be directed downwards and away from adjacent properties.

Z. Sidewalk vendors may not vend out of a parked vehicle.

5.64.130 VIOLATIONS – PENALTIES.

A. A violation of this Chapter by a sidewalk vendor who has a valid sidewalk vending permit from the City is punishable only by an administrative fine in amounts not to exceed the following:

1. One Hundred Dollars ($100.00) for the first violation.

2. Two Hundred Dollars ($200.00) for a second violation within one (1) year of the first violation.

3. Five Hundred Dollars ($500.00) for each additional violation within one (1) year of the first violation.

4. The City may rescind a permit issued to a sidewalk vendor upon the fourth or any subsequent violation.

B. A person engaged in sidewalk vending without a valid City sidewalk vending permit is punishable by an administrative fine in amounts not to exceed the following, in lieu of the amounts set forth in subsection (a) of this Section:

1. Two Hundred Fifty Dollars ($250.00) for the first violation.

2. Five Hundred Dollars ($500.00) for a second violation within one (1) year of the first violation.

3. One Thousand Dollars ($1,000.00) for each additional violation within one (1) year of the first violation.

4. Upon proof of a valid sidewalk vending permit issued by the City, the administrative fines set forth in this subsection shall be reduced to amounts set forth in subsection (a) of this Section.

C. A violation of this Chapter shall not be punishable as an infraction or misdemeanor. No person alleged to have violated the provisions herein shall be subject to arrest except when otherwise permitted by law.

D. Failure to pay an administrative citation issued pursuant to this section shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed.

E. When assessing administrative citations pursuant to this Section, the hearing officer shall take into consideration the person’s ability to pay the fine. The City shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-topay determination at adjudication or while the judgment remains unpaid, including

when a case is delinquent or has been referred to a comprehensive collection program.

1. If the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, the City shall accept, in full satisfaction, twenty percent (20%) of an administrative citation imposed pursuant to this Chapter.

2. The City may allow a person to complete community service in lieu of paying the total administrative citation, may waive the administrative citation, or may offer an alternative disposition.

F. A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under SB 946 had SB 946 been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in his or her case.

G. Nothing contained herein shall be construed to impede the City’s or County’s ability to enforce County Health Department codes and regulations.” SECTION 4. Section 7.02.210 of the Brentwood Municipal Code is hereby amended to add subparagraph (C), to state in full as follows:
“Sidewalk vendors as defined in Section 5.64.020 do not need to comply with this Section 7.02.210 but shall comply with the requirements of Chapter 5.64 of this Municipal Code.”
SECTION 5. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Brentwood hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 6. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is 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, this Ordinance is exempt from CEQA as there is no possibility that this Ordinance or its 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.

SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.

SECTION 8. Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City.

The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Brentwood held on the 27th day of February, 2024, and passed and adopted at a regular meeting thereof held on the 12th day of March, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Joel Bryant, Mayor
ATTEST:

Margaret Wimberly, City Clerk

ORDINANCE NO. 1070

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 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 mobile vending on both public and private property; and
WHEREAS, the City may regulate mobile food facilities operating in the rightof-way, pursuant to Vehicle Code section 22455 and Health and Safety Code section 114315; and
WHEREAS, vehicles that produce, prepare, cook, and carry food, foodstuffs, food products, and all associated wares and merchandise for purposes of sale on the public streets pose special danger to the public health, safety, and welfare of children and residents in the City; and
WHEREAS, the sale of food, foodstuffs, food products, and all associated wares and merchandise on public streets from vehicles can cause dangerous conditions on the City’s roads and streets through the congregation of large crowds and imposition of the flow of traffic on the public right-of-way; and WHEREAS, the City has the authority to regulate the type of vending, and the time, place, and manner of vending from vehicles upon the street in order to promote public safety.

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. Chapter 5.68 of the Brentwood Municipal Code is hereby repealed and replaced in its entirety as follows:
“Chapter 5.68 – MOBILE VENDING.

5.68.010 Purpose.

5.68.020 Definitions.

5.68.030 Permits Required.

5.68.040 Identification Card/Decal Required.

5.68.050 Location and Siting Requirements.

5.68.060 Operating Regulations.

5.68.070 Suspension; Rescission.

5.68.080 Appeals to City Manager.

5.68.090 Violations; Penalties.

Section 5.68.010 Purpose.

This Chapter establishes requirements for the vending of food and goods in the public right-of-way and on private property, including but not limited to city facilities and parking lots, to prevent traffic, safety, and health hazards. The primary purpose of the public streets, sidewalks, parking lots, and other public ways is for use by vehicular and pedestrian traffic. Regulating mobile vending will protect the public health and safety and ensure safe pedestrian and vehicular traffic. Unregulated vending in the public right-of-way, from any vehicles including mobile food vehicles or food trucks contributes to traffic congestion and can impede the orderly movement of pedestrians and vehicles. The unregulated use of congested streets and sidewalks with a high concentration of vehicular, pedestrian and commercial activity by mobile food vendors can make the streets and walkways unsafe for motorists, cyclists, pedestrians, and mobile food vendors themselves.

Section 5.68.020 Definitions.

For purposes of this Chapter, the following definitions apply:

A. “Applicant” means a person who is applying for a mobile vendor permit pursuant to this Chapter.

B. “City” means the City of Brentwood.

C. “City manager” means the city manager of the City of Brentwood, or their designee.

D. “Compact mobile food operation” means a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.

E. “Commissary” means a food facility that services mobile food facilities, mobile support units, or vending machines where any of the following occur: (1) food, containers, or supplies are stored; (2) food is prepared or prepackaged for sale or service at other locations; (3) utensils are cleaned; or (4) liquid and solid wastes are disposed, or potable water is obtained.

F. “County” means the County of Contra Costa.

G. “Department” means the Finance Department of the City of Brentwood.

H. “Director” means the Finance Director of the City of Brentwood, or their designee.

I. “Food” means and refers to any substance as defined by California Health and Safety Code Section 113781, as a raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, and chewing gum.

J. “Long-term mobile vending facility” means a mobile vending facility that operates on a long-term, not short-term, basis, that is allowed by the underlying non-residential zoning district, is an ancillary use to a primary use on the property, and complies with all the requirements contained in Title 17 (Zoning) of the Brentwood Municipal Code.

K. “Mobile food facility” means any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. “Mobile food facility” does not include a “transporter” used to transport packaged food from a food facility, or other approved source to the consumer. It means 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.

L. “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.

M. “Mobile vending facility” means both a “mobile food facility” and any vehicle used in conjunction with mobile vending.

N. “Mobile vendor” means and refers to any individual or person (natural and corporate) that operates or assists in the operation of a mobile food facility or mobile vending facility.

O. “Mobile vendor permit” means a permit issued by the City to a mobile vendor pursuant to this Chapter.

P. “Permittee” means a person who has been issued a mobile vendor permit pursuant to this Chapter.

Q. “Person” means an individual, firm, partnership, corporation, company, association, or other legal entity and includes a trustee, receiver, assignor or similar representative of any of them.

Section 5.68.030 Permits Required.

A. It shall be unlawful for any person to maintain, manage, or operate a mobile vending facility within the City unless such activity is maintained, managed, or operated in strict compliance with all applicable city, county, state, and federal laws, rules, and regulations, including but not limited to the requirements of Title 17 (Zoning) of the Brentwood Municipal Code if applicable.

B. Prior to operating, a mobile vendor shall obtain the following:

1. a mobile food facility permit issued by Contra Costa County, if applicable; and

2. a business tax certificate issued pursuant to Chapter 5.04 of this Code; and

3. a mobile vendor permit issued by the City pursuant to this Chapter.

C. The mobile vendor permit application shall be approved or conditionally approved by the Director provided all the following criteria, in addition to any others which may be imposed by the City, have been met:

1. Accurate completion of the application, including submittal of all required information or supporting documentation, including, but not limited to, a currently valid driver’s license for operation of the mobile vending facility;

2. Payment of all applicable fees, which shall be non-refundable;

3. 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 drugrelated misdemeanor or felony; the sale, distribution or display of obscene material; or indecent exposure; and

4. Mobile vendors shall maintain, at all times during which the mobile vending facility is in operation, a policy of $1 million general comprehensive liability insurance as approved by the City and insuring against injury or death of a person and for claims of property damage resulting from the applicant’s use of the public right-of-way. The City and its officials, officers, employees and agents shall be named as additional insureds under such insurance policy. Submission and approval of such insurance shall

be a condition precedent to approval and issuance of any permit.

In addition, the mobile vendor shall indemnify, defend and hold the City and its officials, officers, employees and agents harmless from any claims arising out of or related to the vendor’s ownership, operation, or use of its mobile vending facility, except as otherwise permitted by applicable law.

5. Confirmation of compliance with all conditions and requirements of this Chapter.

D. The mobile vendor permit application may be denied (initially or upon application for a renewed permit) for any of the following reasons:

1. Failure to submit a complete application with full application fee;

2. Fraud or misrepresentation made in the application or in the course of operating a mobile vending facility;

3. Conviction or plea of no contest in the previous five years of a crime as listed in subsection (C)(3) of this Section;

4. Violation of this Chapter or the terms of the mobile vendor permit;

5. In the case of an application for a long-term mobile vending facility, and only if required by the requirements of Title 17 (Zoning) of the Brentwood Municipal Code to obtain a mobile vendor permit application, the use is not allowed in the underlying zoning district and/or is not an ancillary use on the property.

E. Except in cases of a long-term mobile vending facility, the term of each mobile vendor permit, unless sooner terminated, suspended or revoked, shall be valid for a calendar year: twelve (12) months, or fraction thereof, from the date of issuance. Upon the expiration of such term, and consistent with the other provisions of this Chapter, the holder of such mobile vendor permit may renew the mobile vendor permit for one additional one-year term by submitting a new application, together with any fees that may be required, and by complying with all other terms of this article. All mobile vendor permits issued pursuant to this Section shall expire and have no further force and effect upon the date specified in the permit.

F. A separate health permit and/or mobile vendor permit shall be obtained for each mobile vending facility even when conducted under the same ownership. A City business tax certificate shall be obtained prior to operating a mobile vending facility; a single business tax certificate may be obtained for multiple mobile vending facilities if they report gross receipts on one set of books.

G. Any business tax certificate and/or mobile vendor permit issued pursuant to this Chapter shall be personal and shall not be assigned, transferred, sold or otherwise conveyed by the person to whom such permit has been issued to

any other person; any such attempted assignment, transfer or conveyance shall immediately render such permit void.

H. Each mobile vending facility shall at all times have permanently affixed to the vehicle in a manner designated by the City and any other local regulatory agency evidence of a current and valid mobile vendor permit issued by the City and evidence of a current and valid Contra Costa County mobile food facility permit, when applicable.

Section 5.68.040 Location and Siting Requirements.

A. Generally
All mobile vending facilities shall be located so as not to impede safe movement of vehicular, bicycle or pedestrian traffic, and to maintain a clear line of sight for vehicles, bicycles and pedestrians. No mobile vending facilities shall be located so as to obstruct access to or circulation through any parking lot, or to obstruct access to any public sidewalk or alley.

B. Private Property

1. A mobile vending facility may only operate on private property so long as it is an ancillary use to a permitted use in the zone where the mobile vending is conducted.

2. A mobile vending facility operating on private property shall first obtain written permission from the property owner.

3. A mobile vending facility shall be parked in a parking space on a paved surface outside any designated fire lane and outside any parking or loading space that is required for the principal use on the property. Operating on dirt lots is prohibited.

4. Mobile vending operations shall not reduce the available parking on the property below the minimum number of parking spaces required to serve the existing use(s) on the lot.

5. A total of one (1) mobile vending facilities may be located on a single private property without the need for a Temporary Use Permit issued by the City pursuant to Chapter 17.850 of the Brentwood Municipal Code. A Temporary Use Permit shall be required whenever two (2) or more mobile vending facilities are proposed to be on a single private property.

C. Public Right of Way

1. Mobile vending in the public right-of-way is permitted only as set forth in this Section.

2. A mobile vending facility in operation shall be located as follows:
a. A minimum of twenty-five (25) feet from any street
intersection controlled by a traffic light, crosswalk,
or stop sign.
b. A minimum of twenty-five (25) feet from any bus
stop.
c. A minimum of twenty-five (25) feet from any
pedestrian or vehicular entrance to any school
facility. The twenty-five (25) feet distance shall be
measured from the property line of the school which
is closest to the mobile vending facility. This
prohibition may be waived for special events for
which the City issues a Special Event Permit and/or
Temporary Use Permit, or by written permission of
the school district or any other entity which operates
the applicable school.
d. Any other reasonable locational requirements
deemed necessary by the City in order to protect the
public health and safety.

3. A mobile vending facility operating in the public right-of-way shall, at all times, operate in compliance with the California Vehicle Code, Title 10 (Vehicles and Traffic) of the Brentwood Municipal Code, and all posted parking, stopping, and standing restrictions.

4. When parked along a sidewalk, a mobile vending facility may only serve customers from the adjacent sidewalk or the side of the vehicle closest to the curb and shall not serve customers from the side of the vehicle closest to the motorized travel lanes of the street.

5. A mobile vending facility that operates in the public right-of-way may not stop or park at a location on the street for any longer than allowed by parking restrictions on the street, but in any event may not operate the mobile vending facility for longer than two (2) hours, and shall not return to the same location within two (2) hours unless approved as part of a Special Event Permit and/or Temporary Use Permit.

Section 5.68.050 Operating Regulations.

To operate lawfully within the City, every mobile vendor must comply with the following standards:

A. Mobile vending facilities shall not connect to temporary or permanent on-site water, gas, electricity, telephone, cable sources, or other utilities.

B. Mobile vending facilities shall not stand or park in the public right-ofway as follows:

1. For residential zones, between the hours of 9:00 pm and 6:00 am.

2. For non-residential zones, between the hours of 12:00 am and 6:00 am.

C. Tables, chairs, free-standing umbrellas, and shade structures are prohibited on streets, parking spaces, and on sidewalks.

D. Outside of hours of active operations, mobile vending facilities shall be removed from the operating site, whether on private property or in the public rightof-way. Mobile vending facilities shall not be parked overnight at the location of operation nor at a residential property. A mobile food facility must be stored at an approved commissary in accordance with the required permit from Contra Costa County.

E. Mobile vendors shall not use any noise amplification or external speakers. Any mobile food facility shall be subject to the requirements of Chapter

9.32 (Noise Regulations) of the Brentwood Municipal Code.

F. Any signage advertising, displaying, or promoting the products and/or services of a mobile vending facility must be permanently attached to or painted on the mobile vending facility. All such signs shall be subject to the provisions of Chapter

17.640 (Sign Ordinance) of the Brentwood Municipal Code. No signs or banners that are separate from the mobile vending facility shall be placed at the operating site or within the public right-of-way.

G. Mobile vendors are prohibited from littering and discharging waste into storm drains. The mobile vendor must remove litter caused by its products from any public and private property within a twenty-five (25) foot radius of the mobile vending facility’s location. All mobile vendors shall provide separate and clearly marked receptacles for trash, recycling, organic waste, and/or compost, according to the collection services available, at the operating site. Mobile vendors shall properly dispose of all trash, recycling, organic waste, and/or compost generated by their operations daily.

H. Mobile vending facilities must have current and valid vehicle registration clearly marked on their vehicle license plates while vending.

I. Mobile vendors must display a valid mobile vendor permit and business tax certificate issued by the City within the vehicle used for vending.

J. Mobile vendors shall maintain, at all times during which the mobile vending facility is in operation, a policy of $1 million general comprehensive liability insurance as approved by the City and insuring against injury or death of a person and for claims of property damage resulting from the applicant’s use of the public right-of-way. The City and its officials, officers, employees and agents shall be named as additional insureds under such insurance policy. Submission and approval of such insurance shall be a condition precedent to approval and issuance of any permit. In addition, the mobile vendor shall indemnify, defend and hold the City and its officials, officers, employees and agents harmless from any claims arising out of or related to the vendor’s ownership, operation, or use of its mobile vending facility, except as otherwise permitted by applicable law.

K. All food products sold, distributed, conveyed, traded, or provided from the mobile vending facility shall comply will all applicable food labeling requirements established by the State of California.

L. Mobile vendors shall not vend 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).

M. 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.

Section 5.68.060 Suspension; Rescission.

A. A mobile vendor permit issued under this Chapter may be suspended or rescinded by the City Manager for any cause that would have warranted denial thereof in the first instance, or for failure to comply with any of the provisions of this Chapter or any of the conditions of the mobile vendor permit, including but not limited to fraud or misrepresentation in the course of vending; fraud or misrepresentation in the application for the permit; or 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 mobile vendor permit issued under this Chapter shall be mailed, postage prepaid, to the holder of the permit at his or her last known address.

C. No person whose mobile vendor permit has been revoked pursuant to this Chapter shall be issued a mobile vendor permit for a period of two (2) years from the date revocation becomes final.

Section 5.68.070 Appeals to City Manager.

In the event that any applicant or permittee desires to appeal from any denial, suspension, rescission, order, or other ruling of the Director made under the provisions of this Chapter, such applicant, permittee, or other person aggrieved shall

have the right to appeal such action or decision to the City Manager pursuant to Chapter 1.12 of this Code. The decision of the City Manager, or his or her designee, on the appeal shall be final and binding on all parties concerned.

Section 5.68.080 Violations; Penalties.

A. It is unlawful for any person to violate any provision or fail to comply with any requirements of this Chapter. A person who violates any provision of this Chapter is guilty of a misdemeanor.

B. This Section is intended to be cumulative to, and not in place of, other rights and remedies available to the City pursuant to the Brentwood Municipal Code and state law, including, but not limited to, commencement of any civil action, the issuance of administrative fines and fees, or administrative action to abate a violation as a public nuisance.

C. The City hereby declares that mobile vending facilities and mobile vendors that are not in compliance with the provisions of this Section are a detriment to the public health, safety, and general welfare and are a public nuisance as defined in Chapter 8.00 (Nuisances) of the Brentwood Municipal Code.

D. Nothing contained herein shall be construed to impede the City’s or County’s ability to enforce County Health Department codes and regulations.” SECTION 3. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Brentwood hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 4. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is 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, this Ordinance is exempt from CEQA as there is no possibility that this Ordinance or its 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.

SECTION 5. Effective Date. This Ordinance shall become effective June 1, 2024.

SECTION 6. Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council

members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City.

The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Brentwood held on the 27th day of February, 2024, and passed and adopted at a regular meeting thereof held on the 12th day of March, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Joel Bryant, Mayor
ATTEST:

Margaret Wimberly, City Clerk

CITY COUNCIL AGENDA ITEM NO. H.1
3/12/2024
SUBJECT: Approve the layout, amenities, and location for the former Davis Camp Site Historical Display project.

DEPARTMENT: Parks and Recreation
STAFF: Aaron Wanden, Park Maintenance Manager
Elaine McGurk, Project Services Specialist

TITLE/RECOMMENDATION
Staff requests the City Council consider and approve the layout, amenities, and location of the interpretative historical display for the former Davis Camp site.

This action is 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 action may have a significant effect on the environment.

FISCAL IMPACT
If the historical display project is approved, the cost would be funded by the General Fund in an amount estimated to cost $20,000. There is sufficient budget savings in the General Fund to cover this estimated cost.

BACKGROUND
On June 13, 2023, the City Council authorized the allocation of staff time and resources in response to a request from Vice Mayor Susannah Meyer. The request pertains to the installation of a commemorative plaque at the site of the former Davis Camp, situated near the southeast intersection of Brentwood Boulevard and Sunset Road.

Originally acquired by the City's former Redevelopment Agency, the Davis Camp property at 7030 Brentwood Boulevard was initially purchased to remediate a blighted area. In October 2020, the City declared the property surplus. Following the dissolution of redevelopment agencies, the City is required to sell all properties previously under the purview of the redevelopment agency, including Davis Camp. A segment of this property has been earmarked for the future expansion of Brentwood

CITY COUNCIL AGENDA ITEM NO. H.1
3/12/2024
Boulevard, a project for which the City acquired the necessary land in 2022. The existing building on the property will be demolished, with a contract for this purpose having been approved by the City Council at its February 27, 2024, meeting.

In collaboration with the East Contra Costa Historical Society (ECCHS) and its volunteers, a proposal has been made to acknowledge the historical importance of Davis Camp to the community of Brentwood. Subsequent to the City Council's authorization, meetings were held with ECCHS to outline an appropriate course of action.

Based on these discussions, staff proposes to initiate the design and installation of a historical display that will honor the historical significance of Davis Camp, as well as other camps in the area. The display is anticipated to feature approximately five interpretive displays and, if feasible, may also include shade trees and benches. The content for these displays will be prepared by ECCHS and will focus on Davis Camp, its residents, and the broader historical context of camps in the area, emphasizing Brentwood's rich agricultural heritage.

On January 31, 2024, staff met with representatives from the ECCHS to discuss and review potential layouts of the interpretative signage and amenities that include a decomposed granite pad, one bench, and one trash receptacle. Unfortunately, no permanent fixtures are permitted by EBMUD; therefore, EBMUD suggested utilizing decomposed granite and removable amenities. It was determined that the ideal location for this dedication site is best suited away from the traffic signal and vehicular traffic (corner of Brentwood Boulevard and Sunset Road) towards the middle of the trail. This area allows for a more serene setting.

Purpose – Establish a public place to highlight the historical significance of Davis Camp to the history of Brentwood.

Location – Adjacent to the former Davis Camp property on East Bay Municipal Utility District (EBMUD) property, utilizing a Revocable Landscaping License Agreement with the City of Brentwood. This site would be accessible from the Mokelumne Coast to Crest Trail and Marsh Creek Regional Trail.

Amenities – Five interpretive panels, decomposed granite pad, one bench and one trash receptacle. No permanent fixtures can be placed per EBMUD requirements; therefore, surface-mounted only hardware will be installed.

Design – Similar to existing interpretative signage at Sungold Park. Historical information and photos to be provided by ECCHS.

CITY COUNCIL AGENDA ITEM NO. H.1
3/12/2024
Size – Roughly 400-500 square feet.

Partner – East Contra Costa Historical Society
Next Steps – With the City Council’s approval of this action, staff will apply for the encroachment permit with EBMUD.

Construction – To be determined after location, design and layout are approved by the City Council.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
This action is 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 action may have a significant effect on the environment.

ALTERNATIVE OPTION(S)
Not Applicable.

ATTACHMENT(S)

1. Previous Action

2. Example Historical Displays

3. Proposed layout and location for Historical Display

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

On September 26, 2023, the City Council directed staff to continue to collaborate with East Contra County Historical Society to design an interpretive historical display that recognizes the significance of the former Davis Camp and its contribution to the history of Brentwood on or near the former Davis Camp property and return with draft layout and design for City Council consideration.

On June 13, 2023, in response to a formal request from Vice Mayor Susannah Meyer, the City Council approved the allocation of staff time and resources for the creation and installation of a commemorative plaque intended for a site formerly known as Davis Camp, situated near the southeast corner of the intersection between Brentwood Boulevard and Sunset Road.

Interpretive Displays Currently Used at City Parks

Proposed Location

5—24 x 36 Interpretative Signage
Decomposed Granite pad and pathway (Bulb out)
1—Park and Recreation maintenance standard surface mount bench 1—Park and Recreation maintenance standard trash receptacle

CITY COUNCIL AGENDA ITEM NO. H.2
03/12/2024
SUBJECT: Juneteenth 2024 Update and Use of Existing General Fund Monies in an Amount Not to Exceed $45,000 for Juneteenth
DEPARTMENT: Parks and Recreation
STAFF: Bruce Mulder, Director of Parks and Recreation
Thien Nguyen, Recreation Manager

TITLE/RECOMMENDATION
Receive update on plans for the City led 2024 Juneteenth Event and provide direction to City staff on a revised event budget with a not-to-exceed amount of $45,000 for the event.

FISCAL IMPACT
While the City Council previously voiced support for an event costing $30,000, the current estimated cost of the Juneteenth event is expected to be $45,000. Of this amount, $30,000 would be funded by the existing FY 2023/24 General Fund budget.

The remaining cost of $15,000 would be expended from the Parks and Recreation Concert in the Park budget. The concert originally scheduled to be held on June 21st would be cancelled and the funding for this event made available for the Juneteenth celebration on June 19th.

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

19. On February 13, 2024, City staff received specific direction from the City Council to begin planning for a City led Juneteenth event for June 19, 2024 (please see Attachment 1 for more information on previous action). At the meeting of February 13th, the City Council had directed staff to determine if a local non-profit organization, 4EverMe, desired to either (a) partner with the City, or (b) accept a consultant fee, or other type of compensation, to work with the City on a City led 2024 Juneteenth

CITY COUNCIL AGENDA ITEM NO. H.2
03/12/2024
event. After further communication between the City and 4EverMe, 4EverMe has not yet indicated interest in assisting the City led effort.

Following this City Council meeting, and in keeping with the direction provided, Council Member Pa’tanisha Pierson met with City staff to plan and organize activities for this year’s celebration. At the suggestion of Council Member Pierson, staff will be working with Errol Jackson Enterprise, LLC (“EJE”), in assisting with the event planning and performance. EJE brings significant and unique experience to such work, including:
 Demonstrated experience in working on Juneteenth events in other jurisdictions, including San Francisco, Berkeley, and Los Angeles;  An ability to negotiate and leverage contracted services with a wide slate of entertainers and public figures, including Nelson Mandela, the former president of South Africa;
 A long resume of successfully planned and executed events in multiple arenas around the United States;
 The capacity to plan and carry out this year’s event on a tight deadline; and  The knowledge and professional contacts needed to engage vendors who would reflect the nature and historical message of a Juneteenth celebration.

Juneteenth celebrations are varied and diverse, and much time and consideration has been devoted to hosting a quality event in Brentwood that recognizes the historical significance of the holiday in a way that is open to the entire Brentwood community.

Plans for the event include reaching out to local organizations to “table” and provide information and resources to the community, a Freedom Walk through Downtown Brentwood with information about Black History, a vendor craft fair, mobile food vendors, local performers, and musical entertainment in City Park. The event is expected to be in Downtown Brentwood on Wednesday, June 19, 2024, with the event duration expected to be approximately four (4) hours. Attendance estimates are difficult to calculate with this inaugural event, particularly considering the midweek date, but City Park can accommodate approximately 5,000, and more, as needed, with additional street closures.

City staff has prepared an event budget (below) and is requesting that City Council review it and provide feedback and direction on the event, subject to minor changes as facilitated by Council Member Pierson, as the Council representative, EJE, and City staff. EJE has provided estimated costs for the entertainment component.

Additionally, there are fixed costs to host the event, as noted, and additional staffing

CITY COUNCIL AGENDA ITEM NO. H.2
03/12/2024
costs for an event longer than the typical Concert in the Park, which will result in greater fixed costs not previously known by the Council when last discussed.

Expenses
Estimated
Cost
Entertainment
Band $13,000
Master of Ceremonies (MC) $1,500
Consulting Fee (Professional Services Agreement) $4,750 Equipment
Stage, Tables and Chairs, Portable Toilets, Permits, etc. $13,000 Marketing
Social Media, Freedom Walk Posters, Activities Guide, etc. $2,000 City Staffing
Street Closure, Parks & Recreation, Police $10,000
Total $44,250
The prepared budget for the 2024 event is expected to exceed Council’s direction of $30,000 for an event. City staff is seeking Council’s feedback and direction on an updated not to exceed amount of $45,000 for the 2024 Juneteenth Event, and adopt the resolution formally authorizing the budget allocation.

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

3. Enhance cultural and performing arts opportunities for Brentwood

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

CITY COUNCIL AGENDA ITEM NO. H.2
03/12/2024

ALTERNATIVE OPTION(S)

1. Provide alternative direction to staff on a different not-to-exceed budget for a 2024 Juneteenth event.

2. Provide direction for City staff to find alternative activities, timing, etc., for the 2024 Juneteenth event. (Any significant changes at this date may not be feasible, due to the amount of time until the event.)

ATTACHMENT(S)

1. Previous Actions

2. Resolution

Attachment 1

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

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

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

On February 13, 2024, the City Council directed staff to:
 Hold a Juneteenth event in Brentwood on June 19, 2024  Appoint Council Member Pierson as liaison to work with Park & Recreation staff on the 2024 event, with no need to return to full Council for approval  Cancel the planned June 21, 2024, Concert in the Park  Repurpose June 21, 2024 Concert in the Park event funds for Juneteenth event  City to contribute $30,000 from the General Fund to the event  Determine if 4EverMe wanted to either (a) partner with City or (b) accept consultant fee (or other type of compensation) for 2024 event  Have a conversation regarding raising City budget next year  Recognize Juneteenth as an annual event to be hosted by the City of Brentwood and have conversation regarding scope of future Juneteenth events

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING A 2024 JUNETEENTH CITY EVENT
WITH A NOT TO EXCEED AMOUNT OF $45,000
WHEREAS, Juneteenth, also known as Emancipation Day or Freedom Day, commemorates the emancipation (freedom) of enslaved African Americans in the United States; and
WHEREAS, in 2021, the holiday was recognized as a federal holiday and it is observed annually on June 19; and
WHEREAS, on February 14, 2023, Council Member Pierson requested a future agenda item relating to the possible creation of events to be held in conjunction with certain proclamations; and
WHEREAS, on March 28, 2023, the City Council directed staff to spend time and resources for the possible creation of events to be held in conjunction with certain proclamations and to review possible events to tie to the proclamation list, and review possible updates to the grant applications; and
WHEREAS, on February 13, 2024, the City Council directed staff to:
a. Hold a Juneteenth event in Brentwood on June 19, 2024. b. Appoint Council Member Pierson as a liaison to work with Parks & Recreation staff on the 2024 event, with no need to return to full Council for approval. c. Cancel the planned June 21, 2024, Concert in the Park. d. Repurpose June 21, 2024 Concert in the Park event funds for Juneteenth event
e. City to contribute $30,000 from the General Fund to the event. f. Determine if 4EverMe wanted to either (a) partner with City or (b) accept a consultant fee (or other type of compensation) for the 2024 Juneteenth event.
g. Have a conversation regarding raising the City budget for a Juneteenth event next year.
h. Recognize Juneteenth as an annual event to be hosted by the City of Brentwood and have conversation regarding scope of future Juneteenth events; and
WHEREAS, City staff, working with Council Member Pierson as the City Council liaison, has identified an event/entertainment producer with whom to work on the City’s inaugural Juneteenth event and has developed a budget in an amount not to exceed $45,000, to realize the City Council’s vision for this event; and WHEREAS, $30,000 of these costs would be funded by existing FY 2023/24 General Fund budget. The remaining cost of $15,000 would be expended from the Parks and Recreation Concert in the Park budget.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby approves a budget authorization for a 2024 Juneteenth event in an amount not to exceed $45,000.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 12th day of March 2024, by the following vote:

AYES: Mendoza, Oerlemans, Pierson, Meyer, and Mayor Bryant NOES: None
ABSENT: None
RECUSE: None
Joel R. Bryant
Mayor
ATTEST:

Margaret Wimberly, MMC
City Clerk

CITY COUNCIL AGENDA ITEM NO. H.3
03/12/2024
SUBJECT: Priority Projects for the 2024/25 and 2025/26 Economic Development Grant Program and funding sources for each
project
DEPARTMENT: City Manager’s Office
STAFF: Darin Gale, Assistant City Manager
Abraham Salinas, Senior Analyst

TITLE/RECOMMENDATION
Approve the proposed allocation of funds for the Economic Development Grant Program Priority Projects category and funding sources for each project in the amount of $100,400, annually, for FY 2024/25 and FY 2025/26, as recommended by the Land Use & Development Committee and authorize the City Manager or designee to execute all grant documents.

FISCAL IMPACT
If approved, the cost for the Priority Projects of $100,400 for FY 2024/25 and FY 2025/26 would be expended from the Economic Development Grant Fund. A remaining fund balance of approximately $122,154 is estimated to be available for the upcoming FY 2024/25 competitive grants based on the fund balance projection below.

Current Year Estimated Revenues $198,817
One-Time Funds from Unspent Prior Funding $23,737
Estimated FY 2024/25 Grant Funds Available $222,554
Less FY 2024/25 Priority Projects Estimate ($100,400)
Available for FY 2024/25 Competitive Grants $122,154
If approved, these Economic Development Grant Fund expenditures would be included in the draft 2024/25 – 2025/26 Operating Budget to be presented for City Council consideration at the workshop in May of 2024.

CITY COUNCIL AGENDA ITEM NO. H.3
03/12/2024

BACKGROUND
The residents of Brentwood voted to amend the City's Business Tax Certificate ordinance, which is commonly referred to as a business license. This Business Tax Certificate is a tax on businesses based upon the business type and their gross receipts. The Business Tax Certificate ordinance established an “Economic Development Grant Program” by setting aside annually 20% of all revenue generated through the program. The language of the ordinance is as follows:

5.04.060 Tax rate.
“Twenty percent of the business license tax collected shall be set aside for economic development for the explicit purpose of business promotion and institutional advertisement for the City of Brentwood. Organizations, including the City of Brentwood and the Brentwood Chamber of Commerce, may apply annually for the use of these funds on a project by project basis to the city manager. Disbursement of these funds would require city council approval. (Ord. 973 § 3, 2016; Ord. 803 § 1, 2005; Ord. 707, 2002) In 2013, the Land Use and Development (LUD) Committee asked for a comprehensive review of the grant program in order to improve its efficiency and effectiveness. After several public meetings, the committee recommended that a list of priority events, projects, or programs be funded on an ongoing basis. As part of this process, the City Council established a “Priority Events” category. Priority events are funded for two consecutive years and align with the two-year budget cycle.

PRIORITY PROJECTS FOR FY 2024/25 AND FY 2025/26
On February 26, 2024, staff presented the LUD Committee with proposed funding for the FY 2024/25 and FY 2025/26 Priority Projects. The staff report is included as Attachment 3.

The LUD Committee is recommending funding the Priority Projects category of the Economic Development Grant Program in the amount of $100,400, annually, for FY 2024/25 and FY 2025/26. The table below contains the list of recommended priority projects for FY 2024/25 and FY 2025/26.

In addition to the projects recommended below, staff had recommended including $35,000 for the proposed continuation of funding for the Downtown Brentwood Coalition (DBC). If approved, it would fund 50% ($35,000) of a new Memorandum

CITY COUNCIL AGENDA ITEM NO. H.3
03/12/2024
of Understanding (MOU) with the DBC, from the Economic Development Grant Program Priority Projects category. The activities performed by the DBC closely align with the original intent of the Economic Development grant program in promoting businesses and institutional advertisement for the City. Staff plans to bring an MOU for City Council consideration in April. As LUD is not recommending funding a portion of the MOU with the DBC from the grant program, the total contract cost of $70,000 would be funded by the General Fund and included in the draft 2024/25 – 2025/26 Operating Budget to be presented for City Council consideration at the workshop in May of 2024.

Project Organization
Approved
Funding per
year
(FY 22/23 and
FY 23/24
Proposed funding
per year
(FY 24/25 and
FY 25/26)
Holiday Parade Brentwood Chamber
of Commerce
$8,442 $8,500
Hometown
Halloween
Brentwood Chamber
of Commerce
$3,939 $4,000
Harvest Time Trail
Map
Harvest Time $10,000 $10,000
Summer Concert
Series
City of Brentwood $47,890 $50,000
Movies in the Park City of Brentwood $4,200 $4,300
Tree Lighting City of Brentwood $3,200 $3,600
Juneteenth City of Brentwood - $20,000
Total Funding Request: $77,671 $100,400
For the FY 2024/25 and FY 2025/26 Economic Development Grant Program, the LUD Committee recommends adding a new event to the priority project list. LUD recommends that the City sponsored Juneteenth event be included in the Priority Project described below.

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

19. On February 13, 2024, the City Council directed staff to host an inaugural Juneteenth event beginning in June 2024. In anticipation of this annual event, LUD recommended

CITY COUNCIL AGENDA ITEM NO. H.3
03/12/2024
allocating $20,000 from the Economic Development Grant Program Priority Projects category towards the future Juneteenth event for FY 2024/25 and FY 2025/26.

The remaining estimated cost for the Juneteenth event would be funded by the General Fund and included in the draft 2024/25 – 2025/26 Operating Budget to be presented for City Council consideration at the workshop in May of 2024. The City Council has authorized $30,000 for the event, and will be considering allocating $45,000, so the remaining estimated cost is not yet known for future years.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)
Alternative Options to the LUD Committee’s Recommendation:

1. Do not approve the LUD Committee’s recommendation.

2. Modify the LUD Committee’s recommendation.

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

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Staff Report - February 26, 2024 LUD Committee Meeting

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

On November 5, 2002, Brentwood citizens voted in a general election to amend the Brentwood Municipal Code to change the business license tax to a gross receipts tax structure. As part of the new tax structure, 20% of business license tax revenues were to be reserved for economic development purposes. Subsequently, in 2004, the Economic Development Grant Program was created.

On December 10, 2013, by Resolution No. 2013-172, the City Council amended the grant program and changed the name from Business License Grant Program to the Economic Development Grant Program and established two categories of funding:

Priority Projects and Economic Development Grant Program.

On December 18, 2014, the City Council approved the continued funding of the designated Priority Events; and
On May 8, 2016, the City Council approved Resolution 2016-27, to continue funding the designated Priority Events from the Economic Development Grant Program in the amount of $54,000, and also approved a scoring system to streamline the approval process; and
On December 13, 2016, the City Council approved Resolution 2016-165, for the continued funding of the Priority Events Category for the 2017-2018 Economic Development Grant Program; and
On January 23, 2018, by Resolution 2018-03, the City Council approved the continued funding of the Priority Events category funding for the Economic Development Grant Program for fiscal years 2018-2019 and 2019-2020; and On February 27, 2018, the City Council approved Resolution 2018-20 to add Harvest Time in Brentwood to the Economic Development Grant Program’s Priority Events category to fund the annual Harvest Time Trail Map and Mobile App for fiscal years 2018-2019 and 2019-2020; and
On June 12, 2018, by Resolution 2018-73, the City Council approved grant funding in the amount of $124,721 for fiscal year 2018-2019, and also approved the removal the Brentwood Arts Society (Art, Wine and Jazz Festival) from the 2018-2019 and 2019-2020 Priority Events category; and

On January 14, 2020, by Resolution No. 2020-02, the City Council approved funding of the Priority Events category for fiscal years 2020-2021 and 2021-2022. This approval included a 3% annual inflationary increase for all projects under this category; and
On January 25, 2022, by Resolution No. 2022-08, the City Council approved Priority Projects funded by the Economic Development Grant Program for fiscal years 2022/23 and 2023/24 in the amount of $77,617 per year. The funding approval did not include a 3% inflationary increase for the 2022/23 and 2023/24 fiscal years.

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD TO APPROVE THE CONTINUED FUNDING OF THE

PRIORITY EVENTS CATEGORY FOR THE ECONOMIC
DEVELOPMENT GRANT PROGRAM FOR FISCAL YEARS 2024-
2025 and 2025-2026; AND AUTHORIZE THE CITY MANAGER OR

HIS DESIGNEE TO EXECUTE DOCUMENTS RELATED TO THE

GRANT PROGRAM, AS NEEDED
WHEREAS, on November 5, 2002, Brentwood citizens voted in a general election to amend Ordinance No. 707, Chapter 5.04 of the municipal code, changing the business license tax from a flat rate to a gross receipts tax structure; and
WHEREAS, as part of the 2002 ballot measure to restructure the City’s business license tax, the voters also approved the creation of a Business License Tax Program (“Program”) that would allocate 20% of total business license tax revenues to grants awarded to projects that support marketing, promotion, and economic development within Brentwood; and
WHEREAS, on December 10, 2013, by Resolution No. 2013-172, the City Council amended the grant program and changed the name from Business License Grant Program to the Economic Development Grant Program and established two categories of funding: Priority Projects and Economic Development Grant Program.

WHEREAS, on December 18, 2014, the City Council approved the continued funding of the designated Priority Events; and
WHEREAS, on May 8, 2016, the City Council approved Resolution 2016-27, to continue funding the designated Priority Events from the Economic Development Grant Program in the amount of $54,000, and also approved a scoring system to streamline the approval process; and
WHEREAS, on December 13, 2016, the City Council approved Resolution 2016-165, for the continued funding of the Priority Events Category for the 2017- 2018 Economic Development Grant Program; and
WHEREAS, on January 23, 2018, by Resolution 2018-03, the City Council approved the continued funding of the Priority Events category funding for the Economic Development Grant Program for fiscal years 2018-2019 and 2019-2020; and
WHEREAS, on February 27, 2018, the City Council approved Resolution 2018- 20 to add Harvest Time in Brentwood to the Economic Development Grant Program’s Priority Events category to fund the annual Harvest Time Trail Map and Mobile App for fiscal years 2018-2019 and 2019-2020; and

WHEREAS, on June 12, 2018, by Resolution 2018-73, the City Council approved grant funding in the amount of $124,721 for fiscal year 2018-2019, and also approved the removal the Brentwood Arts Society (Art, Wine and Jazz Festival) from the 2018-2019 and 2019-2020 Priority Events category; and WHEREAS, on January 14, 2020, by Resolution No. 2020-02, the City Council approved funding of the Priority Events category for fiscal years 2020-2021 and 2021-2022. This approval included a 3% annual inflationary increase for all projects under this category; and
WHEREAS, on January 25, 2022, by Resolution No. 2022-08, the City Council approved Priority Projects funded by the Economic Development Grant Program for fiscal years 2022/23 and 2023/24 in the amount of $77,617 per year. The funding approval did not include a 3% inflationary increase for the 2022/23 and 2023/24 fiscal years.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby resolve to: approve funding for Priority Events from the Economic Development Grant Fund, and authorizes the City Manager or his designee to execute documents related to the grant program as needed, in the following manner:

FY 2024-2025 Priority Events category total of $100,400 as follows:
 Holiday Parade $8,500
 Hometown Halloween $4,000
 Harvest Time in Brentwood Trail Map $10,000
 Summer Concert Series $50,000
 Movies in the Park $4,300
 Tree Lighting $3,600
 Juneteenth $20,000
FY 2025-2026 Priority Events category total of $100,400 as follows:
 Holiday Parade $8,500
 Hometown Halloween $4,000
 Harvest Time in Brentwood Trail Map $10,000
 Summer Concert Series $50,000
 Movies in the Park $4,300
 Tree Lighting $3,600
 Juneteenth $20,000
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 12th day of March 2024, by the following vote:

 


















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