Brentwood City Council
April 23, 2024

50 Projected Military Equipment Acquisition (2024)
For 2024 (January- December), the Department projects the purchase of ammunition and diversionary devices to replenish inventory due to training and critical incident use. The estimated purchase price of this equipment is approximately $35,000.00. The operating costs of this equipment, which includes acquisition, personnel time, training facilities, transportation/storage of equipment, equipment upgrades and other ongoing costs is budgeted within the Department’s approved operating budget for FY2023-2024 and FY2024-2025.

Military Equipment Projected Purchase
Amount
Projected Purchase Price
.308 Match Grade Boat tail
Hollow Point (BTHP)
1,500 rounds $2,000
Winchester .223

5.56x45MM 55GR FMJ
Ammunition
55,000 rounds $25,186
Defense Technology,
Flashbang Diversionary
Device, Low Roll 12g 12 Devices $1,000.00
Defense Technology,
Flashbang Diversionary
Device, Aluminum Body 9-
bang
24 Devices $4,392
Defense Technology,
Flashbang Diversionary
Device, 4 gram reload 30 Devices $1,230

51 Internal Inventory & Audit (Department Military Equipment) Per Department policy 708.3 (c), the Department’s military equipment coordinator, designated as the Administrative Lieutenant, is required to complete an annual inventory of all military equipment possessed by the Department.

An audit of the inventory and use of military equipment was completed during the month of December 2023 by the Administrative Lieutenant, Range Staff Supervisor, and SWAT Team Leader. This audit focused on the use of military equipment during critical incidents involving Department personnel. The audit confirmed that Department personnel were found to be in compliance with Department Policy 708 in the use of military equipment. The Department did not add any new military equipment to its inventory since that time. All current military equipment inventory is in working order.

Conclusion
This Annual Military Equipment Report reaffirms the Department’s commitment to providing transparency and information to our communities and elected officials in addition to ensuring compliance with California State Law. The equipment, resources, and training outlined in this report allow Officers to better serve and protect our Community.

Policy
708
Brentwood Police Department
Brentwood PD Policy Manual
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Published with permission by Brentwood Police Department Military Equipment - 1
Military Equipment
708.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
708.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Brentwood Police Department
Brentwood PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/12/27, All Rights Reserved.

Published with permission by Brentwood Police Department Military Equipment - 2
708.2 POLICY
It is the policy of the Brentwood Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 708.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Brentwood Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
708.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
[Insert attachment here]
708.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):

Brentwood Police Department
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Military Equipment
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Published with permission by Brentwood Police Department Military Equipment - 3
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 708.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 708.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 708.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

CITY COUNCIL AGENDA ITEM NO. F.19
04/23/2024
SUBJECT: An Informational Summary and Overview of Recent Statewide Housing and Land Use Legislation
DEPARTMENT: Community Development
STAFF: Alexis Morris, Director of Community Development

TITLE/RECOMMENDATION
Receive an informational summary and overview of housing and land use related legislation from the 2023 legislative session.

FISCAL IMPACT
None.

BACKGROUND
The attached report summarizes Statewide housing legislation that passed during the 2023 legislative session. The information in the report is excerpted from a document prepared by the Association of Bay Area Governments (ABAG) Regional Housing Technical Assistance (RHTA) program for local planning staff.

The report contains two sections – a written summary of legislation organized by topic and a summary in table format organized by Senate bills and Assembly bills.

Each section notes a bill’s potential applicability to the City of Brentwood as of January 1, 2024. The report is posted on the City’s website on the General Land Use Legislation Information page:
https://www.brentwoodca.gov/government/community-development/general-landuse-and-legislation-information.

Weblative is preparing educational videos about several bills that will be published on social media and on the City’s website. Staff will also be placing articles about select bills in the Brentwood Buzz.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

CITY COUNCIL AGENDA ITEM NO. F.19
04/23/2024

PREVIOUS ACTION
Not Applicable.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. 2023 Housing and Land Use Legislation Summary

Summary of Significant 2023 Housing and
Land Use Legislation
Introduction
Below is a summary of significant housing legislation passed in the 2023 legislative session and subsequently signed into law by Governor Newsom. All bills become effective on January 1, 2024, unless otherwise noted. The bill summaries are excerpted from a document prepared by the Association of Bay Area Governments (ABAG) Regional Housing Technical Assistance (RHTA) program for local planning staff.

Contents
PROCESSING REQUIREMENTS ...................................................................................................................................2 SB 423: Modifications to Streamlined Approval (Government Code § 65913.4)............................................3 SB 684: Subdivisions for 10 Units or Fewer (Government Code §§ 65852.28, 65913.4.5, 66499.41) ............5 AB 821: General Plan and Zoning Consistency (Government Code § 65850). ................................................8 AB 1218: Replacement Housing Requirements ..............................................................................................8 AB 1490: Affordable Adaptive Reuse Projects (Government Code §§ 65913.12 and 65960.1)......................9 CALIFORNIA ENVIRONMENTAL QUALITY ACT ..........................................................................................................10 AB 1449: Affordable Housing CEQA Exemption (Public Resources Code § 21080.40)..................................10 AB 1633: Certain CEQA Violations Made Violations of the Housing Accountability Act .............................11 Other CEQA Bills (AB 356, SB 69, SB 91, SB 406, AB 1307)............................................................................12 DENSITY BONUS ......................................................................................................................................................14 AB 1287: Additional Density Bonuses (Government Code § 65915)............................................................14 SB 713: Definition of “Development Standard” (Government Code § 65915) ............................................15 AB 323: Sale of Affordable Units (Government Code § 65915) ...................................................................15 ACCESSORY DWELLING UNITS (AB 671, AB 976, AB 1033, AB 1332)........................................................................16 PARKING..................................................................................................................................................................18 AB 894: SHARED PARKING (GOVERNMENT CODE § 65863.1) .....................................................................18 AB 1317: Unbundled Parking (Civil Code § 1947.1) .....................................................................................18 AB 1308: Parking for Single-Family Home Remodels (Government Code § 65863.3) .................................19 FINANCIAL ISSUES RELATED TO HOUSING ..............................................................................................................19 SB 469: Article 34 Exemption (Health & Safety Code § 469)........................................................................19 AB 516: Mitigation Fee Act Amendments (Government Code §§ 66006 and 66023) .................................20 SURPLUS LAND ACT (SB 747, AB 480) ......................................................................................................................21 HOA FEES AND AFFORDABLE HOUSING (AB 572) ....................................................................................................23 MISCELLANEOUS (AB 281, AB 309, AB 812, AB 835) ................................................................................................24 ENFORCEMENT AND OTHER HCD RESPONSIBILITIES (SB 555, AB 434, AB 1485).....................................................25 BAY AREA HOUSING FINANCE AUTHORITY STATUTE (AB 1319) ..............................................................................26

2023 Housing and Land Use Legislation Summary 2
Processing Requirements
(SB 4, SB 423, SB 684, AB 821, AB 1218, AB 1490)
SB 4: AFFORDABLE HOUSING ON FAITH AND HIGHER EDUCATION LAND (GOVERNMENT CODE § 65913.16).

SB 4 requiresthat, upon the request of an applicant, a housing development project be a “use by right” on land owned by an independent institution of higher education or a religious institution if specified criteria are met.

Significant Provisions
To qualify for this “use by right” provision, the
development site must meet fifteen
requirements: (1) the land must be owned on or
before January 1, 2024 by an independent
institution of higher education or a religious
institution; (2-4) the parcel must satisfy the requirements of Government Code §65913.4(a)(2)(A)-(B), (a)(6)(B)-(K), and (a)(7) (SB 35 Streamlined Ministerial Approval); (5) the development cannot be adjoining any site where more than one-third of the square footage on the site is dedicated to light industrial uses; (6-8) the housing units on the development may not be located within 1,200 feet of a site thatis currently a heavy industrial use or where themost recent permitted use was heavy industrial, within 1,600 feet of a site that is either a site that is currently a Title V industrial use or where that was the most recent permitted use, and for a site where multifamily housing is not an existing permitted use, the housing units must not be located within 3,200 of a facility that actively extracts or refines oil or natural gas; (9) at least 80 percent of the development’s total units, except for a manager’s unit, must be for lower income households, up to 20 percent may be for moderate-income households and the units that are rented must be restricted for 55 years. The units that are sold must be restricted for 45 years or participate in an equity sharing agreement; (10) the development must comply with objective development standards that are not in conflict with the provisions of the statute; (11) if the development project requires demolition of existing residential units, or if residential units have been demolished in the last five years, it must comply with the replacement housing provisions in Government Code §66300(d) (Housing Crisis Act), whether or not the project is located in an affected city or county; (12) the applicant must certify that the project is either a public work or, if it includes more than ten units and is not in its entirety a public work, the applicant will ensure all construction workers are paid prevailing wages and other labor requirements provided in the statute are met; (13) the applicant must complete a Phase I environmental assessment and, if warranted, a Phase II environmental assessment; (14) if the development is 500 feet from a freeway, regularly occupied areas of the building must have air filtration media; and (15) the site may not contain tribal cultural resources that could be affected by the development and cannot be mitigated.

Applicable to Brentwood?
Yes. There are institutions in the City that
would qualify for the “use by right” if they
submitted an eligible project to the City.

2023 Housing and Land Use Legislation Summary 3
Housing developments eligible for by right approval underthisstatutemay include certain ancillary uses on the ground floor: childcare centers and facilities operated by community-based organizations for recreational, social, or education services in single family residential zones; and in all other zones the development may include commercial uses that are permitted without a conditional use permit or planned unit development permit. A project that is eligible as a use by right includes any use that was previously existing and legally permitted on the site if it meets specified criteria: the total square footage of nonresidential space does not exceed the amount that previously existed or was permitted by a conditional use permit; the total parking requirementfor the nonresidentialspace does not exceed the lesser of the amount existing or required by a conditional use permit; and the new uses abide by the same operational conditions as contained in the previous conditional use permit.

Housing developments eligible for approval are allowed the following density: (1) if the development is located in a zone that allows residential uses, it shall be allowed the default density specified for lower income housing in the community’s housing element and a height of one story above the maximum height otherwise applicable; however, if the local government allows for greater residential density or building heights on an adjoining parcel, the greater density or building height shall apply; (2) if the project is located in a zone that does not allow residential uses, the development project shall be allowed a density of 40 units per acre and a height of one story above the maximum height otherwise applicable; however, if the local government allows for greater residential density or building heights on an adjoining parcel, the greater density or building height shall apply, but the project may not use an incentive, waiver, or concession to increase the height of the development to greaterthan specified in the statute.

The proposed development must provide off-street parking of up to one space per unit, unless a state law or local ordinance provides for less parking, in which case that standard shall apply. However, a parking requirement may not be imposed if the parcel is located within one-half mile walking distance of a high-quality transit corridor or a major transit stop, or there is a car share vehicle located within one block of the parcel.

Approval of the development project under SB 4 is subject to expiration timeframes, modification requirements, necessary public improvements, and approval ofsubsequent permits as specified in SB

35. Design review may be conducted by a local government’s planning commission or equivalent board or commission responsible for review and approval of development projects, or the city council or board of supervisors, as applicable. The design review must be objective and focused on assessing compliance with criteria required for streamlined, ministerial review of projects, and reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submittal of the development.

SB 423: MODIFICATIONS TO STREAMLINED APPROVAL (GOVERNMENT CODE § 65913.4) SB 423 amends the streamlined, ministerial approval process (generally known asthe “SB 35” process)

2023 Housing and Land Use Legislation Summary 4
for qualifying multifamily and mixed-use affordable housing projects in most localities.

Significant Provisions
SB 423 expands the jurisdictions to which SB
35 may apply to include a locality that has
not adopted a housing element that has
been found in substantial compliance with
housing element law by the California Department of Housing and Community Development (HCD).

SB 423 also extends SB 35 to the Coastal Zone, with certain exceptions, and removes the prohibition against an SB 35 project being located within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection. However, unless the site has adopted specified fire hazard mitigation measures, the SB 35 streamlined, ministerial process is prohibited in very high fire hazard severity zones (as determined by the Department of Forestry and Fire Protection) and the statutorily defined state responsibility area. The SB 35 streamlined, ministerial process is also not applicable to housing development applications on sites within an equine or equestrian district (and meeting certain other requirements) submitted on or after January 1, 2024, but before July 1, 2025.

Previously, to be eligible for the SB 35 ministerial approval process, any project (rental or for-sale) in a jurisdiction that did not issue enough above moderate-income housing building permits was required to dedicate a minimum of 10 percent of total number of units to households making at or below 80 percent of area median income (AMI). With the SB 423 changes, rental projects in a jurisdiction that (i) did not issue enough above moderate-income housing permits or has not adopted a housing element that has been found in substantial compliance with housing element law by HCD or (iii) has not submitted an Annual Progress Report to HCD are now required to provide either (i) at least 10 percent of the total units to households making at or below 50 percent of AMI or (ii) comply with the locality’s inclusionary ordinance where that ordinance requires greater than 10 percent of the units to be dedicated to households making at or below 50 percent AMI. If the local inclusionary policy requires units that are restricted to households with incomes higher than 50 percent AMI (in jurisdictions subject to the 10 percent requirement) or 80 percent AMI (in jurisdictions that have not mettheir very low or low income RHNA),then providing the 10 percent at 50 percent AMI or 50 percent at 80 percent AMI, as applicable, is deemed sufficient to satisfy the local inclusionary requirement.

SB 423 eliminates the ability of the local government to conduct public oversight of the development; design review may still be conducted by the planning commission or other equivalent board or commission responsible for design review. However, if the development isin a moderate resource area, low resource area, or an area of high segregation and poverty, the local government is required to provide for a public meeting within 45 days of receiving a notice of intent before the development proponent submits an application for the proposed development. The meeting must be held by the jurisdiction’s planning commission if the development would be located within a city with a population greater than 250,000 people or an unincorporated area of a county with a population greater than 250,000 people, and the applicant must attend the meeting and state that it reviewed the comments.

Applicable to Brentwood?
Yes. Qualifying projects in the City would be
eligible for streamlined, ministerial approval.

2023 Housing and Land Use Legislation Summary 5
If the local government’s planning director or equivalent position determinesthe housing development project is consistent with objective planning standards, SB 423 requires approval of the development.

The California Department of General Services may act in place of a local government for determining a development’s compliance with and eligibility for the SB 35 streamlined, ministerial process when the development is located on land owned by or leased to the state.

SB 423 requires a development proponent to certify to the local government that certain wage and laborstandards will be met, including that all construction workers will be paid prevailing wages. These requirements do not apply to a project that consists of 10 or fewer units and is not a public work.

Requirements to use a skilled and trained workforce have been substantially modified. Projects with over 50 units must also comply with apprenticeship requirements. Those more than 85 feet high must use a skilled and trained workforce unless qualified contractors are not available.

SB 684: SUBDIVISIONS FOR 10 UNITS OR FEWER (GOVERNMENT CODE §§ 65852.28, 65913.4.5, 66499.41)
SB 684 creates a streamlined approval process for development projects of 10 or fewer residential units on urban lots under 5 acres.

SB 684 adds three new sections to the Government Code related to projects of 10 or fewer units:

Section 66499.41 sets forth the streamlined process for parcel maps or tentative and final maps, Section 65852.28 sets forth the streamlined process for housing development applications, and Section 65913.4.5 sets forth the streamlined process for building permits. Local ordinances may be adopted to implement the provisions of SB 684 and the three statutes discussed below, which shall not be considered a project under the California Environmental Quality Act.

Significant Provisions
Parcel Maps; Tentative and Final Maps (Government Code § 66499.41) SB 684 requires local agencies to ministerially
consider, without discretionary review or a
hearing, a parcel map or a tentative and final
map for a housing development project that
meets certain size, density, and other
requirements. The proposed subdivision
must result in ten or fewer parcels and the
proposed development project contains ten or fewer residential units. The lot to be subdivided must be zoned formultifamily development, notlargerthan five acres, substantially surrounded by qualified urban uses, as defined in the statute, and located either in a city that includes some portion of an urban area orin an urbanized area or urban clusterin a county with a population greaterthan 600,000.

The newly created parcels may not be smaller than 600 square feet, unless otherwise authorized by the local agency in an ordinance. The parcels must comply with applicable objective standards of the Subdivision Map Act, be served by a public water system and municipal sewer system, may not have Applicable to Brentwood?
Yes. The City will be required to process
qualifying maps ministerially and will be
required to approve or deny eligible
applications within 60 days.

2023 Housing and Land Use Legislation Summary 6
been created by an urban lot split (Government Code §66411.7), and must comply with the housing development provisions added by this bill (Government Code §65852.28). If a parcel has been created through this subdivision, a local agency is not required to permit further subdivision through an urban lot split (Government Code §66411.7).

The lot proposed to be subdivided may not be located on a site that is any of the following:

1. Prime farmland or farmland of statewide importance;

2. Wetlands;

3. In a very high fire hazard severity zone;

4. A hazardous waste site (with limited exceptions);

5. Within an earthquake fault zone, unless the development complies with applicable seismic protection building codes;

6. In a special flood hazard area (with limited exceptions);

7. In a regulatory floodway;

8. Land identified for conservation in a community conservation plan, habitat conservation plan, or other natural resource protection plan;

9. Habitat for certain protected species; or

10. Under conservation easement.

Other requirements include the average total area of floorspace of the proposed housing units cannot exceed 1,750 net habitable square feet, and that the proposed housing units must be one of the following: (a) constructed on fee simple ownership lots, (b) part of a common interest development, (c) part of a housing cooperative, or (d) owned by a community land trust. The housing development on the lot proposed to be subdivided cannot require demolition or alteration of housing (1) subject to a recorded covenant restricting affordability levels, (2) subject to local rent or price control, or (3) occupied by tenants within the preceding five years from the date of application, or (4) on a parcel where an owner withdrew accommodations from rent or lease within 15 years before the date of project application. Lots do not need to comply with any local requirements for size, width, depth, or dimensions of a parcel.

The project must comply with the local agency’s inclusionary ordinance, if such ordinance has been adopted, objective zoning and design standards that are not inconsistent with the provisions of the bill, result in at least as many units as the maximum allowable residential density, unless the parcel is identified in the jurisdiction's current housing element, in which case the project must result in at least as many units as projected for that parcel in the housing element and at the affordability levels and subject to a recorded affordability restriction of at least 45 years, and a local agency is not required to allow development of an accessory dwelling unit or junior accessory dwelling unit.

Finally, in jurisdictions that have adopted a compliant housing element, SB 684 shall not apply to sites

2023 Housing and Land Use Legislation Summary 7
located in a single- family residential horse keeping zone.

Section 66499.41 goes into effect on July 1, 2024, except for the subsection related to sites in single family residential horse keeping zones, which goes into effect on January 1, 2024.

Housing Development Project Applications (Government Code § 65852.28) Local agencies may impose objective zoning standards, subdivision standards, or objective design standards that do not conflict with this section or the ministerial subdivision provisions of SB 684.

However, a local agency may not impose objective zoning, subdivision, or design standards that:

1. Physically preclude the development of a project built to densities deemed appropriate to accommodate housing for lower income households as specified in Housing Element Law (Government Code § 65583.2(c)(3)(B))

2. Apply solely or partially because the subdivision or development was approved under this Section;

3. Require a setback between units, except as required in the California Building Code;

4. Require enclosed or covered parking;

5. Impose side and rear setbacks inconsistent with SB 9 (Government Code § 65852.21(b)(2)(B));

6. Impose parking requirements inconsistent with SB 9 (Government Code § 65852.21(c)(1)); or

7. Impose a floor area ratio standard of less than (a) 1.0 for projects with 3-7 units or (b) 1.25 for projects with 8-10 units.

Section 65852.28 goes into effect on July 1, 2024.

Building Permits (Government Code § 65913.4.5)
SB 684 provides that, for housing development projects consisting of 10 or fewer units, local agencies shall issue building permits based on the tentative or parcel map and its conditions of approval if the applicant has (1) received a tentative map approval or parcel map approval for the subdivision, and (2) submitted a building permit application that the local agency deemed complete pursuant to Government Code § 65913.3 (applicationsfor post entitlement phase permits). At the time of issuance, any dedication, improvement, and sewer requirements identified in the tentative map approval must be guaranteed.

Section 65913.4.5 also authorizes local agencies to:
• Condition issuance of the building permit on submission of a recorded covenant and agreement that statesthe applicant agrees that the building permit is issued on condition that a certificate of occupancy or equivalent final approval for the building will not be issued unlessthe final map has been recorded; and
• Require security in an amount no greater than 300% of the total estimated cost of the improvements or the acts to be performed, in the form of bonds, instrument of credit when a public agency provides at least 20% of the financing for the portion of the agreement requiring security, pledge from a financial institution that the funds necessary to carry out the agreement are on deposit and guaranteed for payment, or a letter of credit, to ensure faithful performance

2023 Housing and Land Use Legislation Summary 8
of the requirements contained in the tentative or parcel map or conditions of approval.

The local agency may deny issuance of a building permit, tentative map, or development approval if the building official makes a written finding, based on a preponderance of the evidence, that construction of the proposed structure before recordation of a final map would have a specific, adverse impact to public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the impact.

Section 65913.4.5 goes into effect on July 1, 2024.

AB 821: GENERAL PLAN AND ZONING CONSISTENCY (GOVERNMENT CODE § 65850).

AB 821 addresses what happens when a zoning
ordinance is not consistent with the general plan
when a project application that does not fall
within the Housing Accountability Act and is
consistent with the general plan, but not the
zoning, is submitted. A local agency must either
amend the zoning ordinance within 180 days of receipt of the development application to be consistent with the general plan; or, if the zoning ordinance is not amended within that time period, the local agency must processthe development application and apply objective general plan standards, but not inconsistent zoning standards.

Any resident or property owner may bring an action in superior court to enforce compliance with the provisions of AB 821 within 90 days of either the enactment or amendment of a zoning ordinance or the agency’s failure to comply with this section.

AB 1218: REPLACEMENT HOUSING REQUIREMENTS (GOVERNMENT CODE §§ 65912.114, 65912.124, 65940, 66300, 66300.5, AND 66300.6)
AB 1218 amends the Housing Crisis Act to expand replacement housing and relocation assistance requirementsthat apply when housing units are demolished. AB 1218 adds Government Code Sections 66300.5 and 66300.6, which now covers all the replacement housing and relocation requirements.

Significant Provisions
Under existing law, the following demolition
protections apply to housing development
projects that will require the demolition of
residential units:
• The project must replace all existing or demolished protected units; • Any existing tenants must be allowed to occupy their units until six months before start of construction, with proper notice; and
• The developer must provide income-eligible occupants of any protected units with relocation benefits and a right of first return for a comparable unit affordable to the household in the new development.

Applicable to Brentwood?
Yes. It would apply if an eligible
residential project was submitted to the
City.

Applicable to Brentwood?
Yes it would apply if an eligible project
proposed demolition of existing housing
units.

2023 Housing and Land Use Legislation Summary 9
A "housing development project" is a use consisting of (1) residential units only, (2) a mixed-use development with at least two thirds of the square footage designated for residential use, or (3) transitional orsupportive housing. AB 1218 extendsthese protectionsto all development projects and to sites where protected housing units were demolished in the lastfive years, unless all of the following conditions are met: (i) the project is an industrial use; (ii) the project site is entirely within a zone that does not allow residential uses; (iii) the applicable zoning was adopted before January 1, 2022; and (iv) the protected units that are or were on the project site are or were nonconforming uses.

Further, for development projects that are not housing development projects, AB 1218 provides that the required replacement housing must be developed prior to or concurrently with the development project and must be located within the same jurisdiction. The development proponent may contract with another entity to develop the replacement housing.

Finally, under current law, notice must be provided to existing occupants of units to be demolished 90 days before requiring the occupant to move, in accordance with Relocation Assistance Law requirements. AB 1218 amends these notice requirements, as described below.

AB 1490: AFFORDABLE ADAPTIVE REUSE PROJECTS (GOVERNMENT CODE §§ 65913.12 AND 65960.1)
AB 1490 provides incentives, such as guaranteed permit turnaround times, for statutorily defined “extremely affordable adaptive reuse projects” (i.e., motel and hotel conversions).

Significant Provisions
For qualifying "extremely affordable adaptive reuse
projects,” AB 1490 provides that a city's or county's
planning agency must provide development
determinations within 60 days of submittal of the
completed proposal for the development project for
projects of 150 or fewer housing units, and within 90
days for projects of 150 or more units. The application is “deemed consistent” if the jurisdiction does not respond within these timeframes.

To qualify for adaptive reuse incentives, multifamily housing development projects mustsatisfy certain criteria (i.e., be an “extremely affordable adaptive reuse project”), including:
• Occupancy of 100% of non-managers' units must be restricted to lower income households, with at least 50% of units dedicated to very low-income households, subject to a recorded deed restriction;
• The development must involve retrofitting and repurposing a building that currently allows temporary dwelling or occupancy, and be entirely within the envelope of the existing building; • The site must be an infill parcel, but not a site or adjoined to any site where more than onethird of the footage on the site is dedicated to industrial use; • Housing developments of 50 units or more must provide onsite management services; and • The housing development does not eliminate any existing open space on the parcel.

Applicable to Brentwood?
Yes. It would apply to eligible
projects that repurpose an existing
building in the City.

2023 Housing and Land Use Legislation Summary 10
A local agency may impose objective design review standards for a housing development project submitted pursuant to AB 1490, exceptthat it may not impose or require the curing of any preexisting conflict with: (i) maximum density requirements; (ii) maximum floor area ratio requirements; (iii) requirement to add additional parking; or (iv) requirement to add additional open space. A local agency may deny a project that satisfies the above criteria if the project is on or adjoining an industrial-use site and the local agency makes a finding that the development would have an adverse effect on public health and safety.

Finally, any local source of funding that can be used for affordable housing development must include adaptive reuse (i.e., the retrofitting and repurposing of an existing building to create new residential units) as an eligible type of project.

California Environmental Quality Act (SB 69, SB 91, SB 406, AB 1449, AB 1633, AB 1307, AB 356)
This section summarizes bills amending the California Environmental Quality Act (CEQA).

AB 1449: AFFORDABLE HOUSING CEQA EXEMPTION (PUBLIC RESOURCES CODE § 21080.40) AB 1449 exempts from CEQA numerous public agency actions for an “affordable housing project,” as defined below.

Significant Provisions
If a housing development meets the
requirements to be considered an “affordable
housing project,” then the issuance of an
entitlement; lease, conveyance, or encumbrance
of public agency land (including any action to
facilitate the lease, conveyance, or encumbrance
of public agency land or land to be purchased by a public agency); actions to provide financial assistance; and rezoning, specific plan amendments, or general plan amendments required for construction of an affordable housing project, are all exempt from CEQA.

Additionally,to qualify forthe exemption, the affordable housing project must be subjectto a recorded California Tax Credit Allocation Committee regulatory agreement and adequately served by existing utilities or extensions, and the public agency must confirm that: (i) the project site meets the requirements of Government Code 65913.4(a)(6)(B)-(K);(ii) the development proponent has completed a phase I environmental assessment and specifiedmitigation if a recognized environmental condition or hazardous substances are found; (iii) if the site is vacant, the projectsite does not contain tribal cultural resources that could be affected by the development and could not be mitigated; and (iv) if multifamily housing is not a permitted use on the projectsite, the project cannot include housing Applicable to Brentwood?
Yes. It would apply to eligible affordable
housing projects on land owned by a
public agency.

2023 Housing and Land Use Legislation Summary 11
within 500 feet of a highway, within 3,200 feet of an active facility that extracts or refines oil or natural gas, or within a very high fire hazard zone.

AB 1633: CERTAIN CEQA VIOLATIONS MADE VIOLATIONS OF THE HOUSING ACCOUNTABILITY ACT (GOVERNMENT CODE § 65589.5(H))
AB 1633 amends the Housing Accountability Act to expand the definition of disapproval of a housing development project to include certain circumstances when a public agency fails to make determinations under CEQA or requires additional analysis before approving CEQA documents.

Significant Provisions
This legislation is intended to prohibit public
agencies from using CEQA as a means of
delaying or denying project approvals. Under
AB 1633, applicants may utilize the remedies
of the HAA to sue local agenciesthat use CEQA
as a means to disapprove or delay a housing development.

AB 1633 amends Government Code Section 65589.5(h) to expand the definition of “disapprove the housing development project” to include (1) a failure to make a determination on whether a project is exempt from CEQA, or an abuse of discretion as defined in the legislation; or (2) the failure to adopt a negative declaration, addendum or to certify an EIR under certain circumstances.

The protections of AB 1633 only apply if there is substantial evidence in the record that the project meets the environmental eligibility standards for streamlining under SB 35 (Government Code §65913.4). Additionally, development projects utilizing this provision must be either:
a) within one-half mile walking distance from a high-quality transit stop; b) located in a very low vehicle travel area;
c) proximal, meaning within one mile (or two miles in a rural area) to six or more amenities as specified in the legislation such as a bus station, ferry terminal, pharmacy, supermarket, public library, school; or
d) parcels where at least 75% of the perimeter adjoins parcels that are developed with urban uses.

The density of the housing development must also meet or exceed 15 dwelling units per acre and the parcel must be in an “urbanized area” as defined by Public Resources Code Section 21071. This includes cities where the population of the city plustwo contiguous cities equals at least 100,000, and in some County islands and areas within urban growth areas.

If the basis for the protections afforded by AB 1633 is that the development is exempt from CEQA, there must be substantial evidence in the record that the housing development is eligible for a CEQA exemption.

Applicable to Brentwood?
Yes. It would apply to CEQA
determinations made for future projects.

2023 Housing and Land Use Legislation Summary 12
For purposes of a housing development project eligible for a CEQA exemption under the legislation, an abuse of discretion means all of the conditionsset forth above are met but the public agency does not determine that the project is exempt.

Ifthe basisforthe protection isthat the public agency failed to adopt a negative declaration, addendum or EIR there must be a negative declaration, addendum or EIR or other comparable document prepared that if adopted would satisfy the requirements of CEQA, the public agency must have held a meeting to adopt the CEQA document, and the public agency either committed an abuse of discretion or failed to decide whetherto adopt the CEQA document orrequire additionalstudy. Abuse of discretion involving the preparation of an environmentalreview document meansthe public agency failed to adopt the appropriate CEQA document in bad faith withoutsubstantial evidence in the record to support a fair argument that further environmental analysis or study is required, and the public agency decided to require further environmental study.

Applicants must give the public agency timely notice that the agency’s action or inaction violatesthese provisions. If a public agency determines that a developer is not exempt from CEQA, the applicant must give notice within 35 days of the date the local agency gave the applicant notice of the determination. If the public agency has not taken any action on an exemption, timely notice from the applicant means notice given at least 60 days after the project application has been accepted as complete or deemed complete. If the public agency fails to adopt or certify an environmental review document,timely notice means notice given within 35 days of the public agency determining to require additional study. If the public agency has not taken action on an environmental review document, timely notice means notice given within the time periods set out in CEQA for the preparation of the applicable environmental review document, or if there is no time period in CEQA, within 180 days.

The applicant’s notice must include excerptsfrom the record supporting the project’s eligibility forthe protections of the legislation.

Once a notice is received from an applicant, the local agency has 90 days to make the appropriate determination but may extend that time period if the notice involves a finding of exemption under CEQA for another 90 days by giving the applicant notice of the need for an extension. The legislation does not provide an option to extend the 90-day response period for notices related to the adoption, approval, or certification of an environmentalreview document. For applicant noticesrelated to CEQA exemptions, the public agency is required to file the applicant’s notice with the County Clerk, and the County Clerk is to post the notice.

AB 1633 also provides additional protections for local government sued by opponents of a housing development project by limiting the circumstances under which the court may award attorneys’ fees to the opponents. The statute states that attorneys’ fees should rarely be awarded if the local agency acted in good faith in approving a housing development project.

OTHER CEQA BILLS (AB 356, SB 69, SB 91, SB 406, AB 1307) AB 356 (Public Resources Code § 21081.3) extends the sunset date from January 1, 2024, to January

2023 Housing and Land Use Legislation Summary 13
1, 2029, of the Dilapidated Building
Refurbishment Act. Existing law provides that a
lead agency is not required to evaluate the
aesthetic effects of a project and aesthetic
effects shall not be considered significant effects on the environment if the project involves refurbishment, conversion, repurposing, or replacement of an existing building that meets specified requirements.

SB 69 (Public Resources Code § 21152) requires
that when a local agency files a notice of
determination or notice of exemption, as
applicable, with the county clerk of each county
in which a project is located that it will also file
the notice of determination with the State Clearing House in the Office of Planning and Research. The notice, including any subsequent or amended notice, must be posted by the Office of Planning and Research within 24 hours of receipt in the office and on the State Clearinghouse internet website and remain posted for 30 days.

SB 91 (Public Resources Code §§ 21080.50 and
21168.6.9) extends indefinitely the CEQA
exemption for projectsrelated to the conversion
of a structure with a certificate of occupancy as a
motel, hotel, residential hotel, or hostel to
supportive or transitional housing. The exemption was previously set to sunset January 1, 2025. This bill also extends the application for the procedures for environmental leadership transit project approved on or before January 1, 2025 (previously on or before January 1, 2024) to January 1, 2026 (previously only in effect until January 1, 2025).

SB 406 (Public Resources Code § 21080.10)
extends a CEQA exemption to local agencies not
acting as the lead agency (previously only
available for the Department of Housing and
Community Development and California Housing
Finance Agency) providing financial assistance or
insurance forthe development and construction of residential housing for persons and families of low or moderate income, as defined in the Health & Safety Code, if the project that is the subject of the application for financial assistance or insurance will be reviewed by another public agency.

AB 1307 (Public Resources Code §§ 21085 and 21085.2) provides that noise generated by occupants of residential projects is not a significant effect
on the environment. Public Resources Code §
21085 statesthat “[f]or purposes ofthis division,
for residential projects, the effects of noise
Applicable to Brentwood?
Yes. If an eligible project in an existing
building was submitted to the City.

Applicable to Brentwood?
Yes. It would apply to eligible projects
subject to CEQA.

Applicable to Brentwood?
Yes. The City will have to update its posting
procedures.

Applicable to Brentwood?
Yes. If there were an eligible transitional
housing project in the City in the future.

Applicable to Brentwood?
Yes. If the City provided financial assistance
to a qualifying low or moderate income
residential project.

2023 Housing and Land Use Legislation Summary 14
generated by project occupants and their guests on human beings is not a significant effect on the environment.”
Public Resources Code § 21085.2 also establishes that, in an EIR for a residential or mixed-use housing project, an institution of higher education shall not be required to consider alternativesto the location ofsuch project if the project is located on a site that is no more than five acres, the site issubstantially surrounded by qualified urban uses, and the project has already been evaluated in the EIR for the most recent long-range development plan for the applicable campus.

Density Bonus (SB 713, AB 323, AB 1287)
AB 1287: ADDITIONAL DENSITY BONUSES (GOVERNMENT CODE § 65915) AB 1287 increasesthe maximum density bonusto nearly 90 percent for the inclusion of more very low income, low income, or moderate-income housing.

Significant Provisions
AB 1287 requires a local jurisdiction to grant an additional density bonus where:

1. The housing development would not
restrict more than 50 percent of the total
units to moderate-income, lower
income, or very low-income households;

2. The housing development does any one
of the following: (i) provides 24 percent of the total units to lower income households; (ii) provides 15 percent of the total units to very low-income households; or (iii) provides 44 of the total units to moderate income-households; and

3. The development provides five to 10 percent additional very low-income units, or five to 15 percent additional moderate-income units. In that case, the development is entitled to an additional density bonus of 20 to 38.75 percent. For instance, a development with 25 percent very low-income units (15 percent plus 10 percent) is entitled to a total density bonus of 88.75 percent (50 percent bonus for 15 percent very low income, plus 38.75 percent bonus for an additional 10 percent very low income).

The bill also changes the definition of “maximum allowable residential density” or “base density” to mean “the greatest number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan, or if a range of density is permitted, means the greatest number of units allowed by the specific zoning range, specific plan, or land use element of the general plan” and removes from the same definition the provision stating that the greater density prevails if the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan or specific plan.

Applicable to Brentwood?
Yes. It would apply if an eligible density
bonus project was submitted to the City.

2023 Housing and Land Use Legislation Summary 15
AB 1287 also increases the number of incentives and/or concessions for 100 percent lower-income projects from four to five (5) and requires a jurisdiction to grant at least four (4) incentives and/or concessionsfor a for-sale housing development project that provides either a total of 16 percent very low-income units or 45 percent moderate-income units. Currently, density bonus law states that a local government may require reasonable documentation from an applicant to establish eligibility for a requested density bonus, incentives, concessions, waivers, reductions of development standards, and parking ratios. AB 1287 modifies this provision, such that a local government may not request reasonable documentation to establish eligibility for waivers. However, another provision (Section 65915(j)(1)) appears to still allow reasonable documentation of eligibility for concessions.

SB 713: DEFINITION OF “DEVELOPMENT STANDARD” (GOVERNMENT CODE § 65915) SB 713 modifies the definition of “development
standard” to provide that it includes “a
regulation that is adopted by the local
government or that is enacted by the local
government’s electorate exercising its local
initiative or referendum power, whether that power is derived from the California Constitution, statute, or the charter or ordinances of the local government.” AB 323: SALE OF AFFORDABLE UNITS (GOVERNMENT CODE § 65915) AB 323 provides that any for-sale unit(s) that
qualified an applicant for the award of a density
bonus must be (i) sold to and occupied by a
very, low, ormoderate-income household for an
affordable housing cost and subject to an equity
sharing agreement, or (ii) if any such unit is not purchased by an income-qualified household within 180 days after the issuance of the certificate of occupancy, then it is sold to a qualified nonprofit housing corporation pursuant to a recorded contract that satisfies the requirements of Revenue & Taxation Code Section 402.1(a)(10). For the purposes of the latter, “qualified nonprofit housing corporation” must meet all of the following criteria:

1. Has a determination letter from the Internal Revenue Service affirming its tax-exempt status pursuant to Internal Revenue Code Section 501(c)(3);

2. Not a private foundation (as defined in Internal Revenue Code Section 509);

3. Based in California;

4. All of the board members of the nonprofit corporation have their primary residence in California; and

5. The primary activity of the nonprofit corporation is the development and preservation of affordable home ownership housing in California; and

6. Incorporates within its initial purchase contracts a repurchase option requiring a subsequent purchaser of the property that desires to resell or convey the property to offer the qualified nonprofit corporation the right to repurchase the property prior to selling or conveying that Applicable to Brentwood?
Yes. If an eligible density bonus project was
submitted to the City.

Applicable to Brentwood?
Yes. Applies to approved density bonus
projects.

2023 Housing and Land Use Legislation Summary 16
property pursuant to an equity sharing agreement or affordability restrictions on the sale and conveyance of the property ensuring at least 45 years of affordability.

This bill also adds Section 714.7 to the Civil Code to prohibit a developer from selling any for-sale unit constructed pursuant to a local inclusionary ordinance to a purchaser that does not meet the income eligibility requirements unless such unit is not purchased by an income-qualifying household within 180 days of the issuance ofthe certificate of occupancy. In such case, the developer may sell the unit(s) to qualified nonprofit housing corporation as defined. Violations of this new Civil Code Section 714.7 are punishable by a civil penalty of up to $15,000 for each violation.

ACCESSORY DWELLING UNITS (AB 671, AB 976, AB 1033, AB 1332) Currently local agencies cannot require owner occupancy for accessory dwelling units until 2025. AB 976 extends the prohibition indefinitely.

Additionally, AB 1033 amends Government Code section 65852.2 to permit local agencies to allow properties with accessory dwelling units to be subdivided as a condominium, allowing the accessory dwelling unit to be conveyed separately from the primary dwelling unit. If the local agency wants to allow this, it must adopt an implementing ordinance. Through AB 671, the CalHome Program was also revised to ensure the program would not prohibit this subdivision if the accessory dwelling unit will be separately conveyed to a lower income household.

AB 1332 adopts Government Code section 65852.27 to require local agencies to adopt a program by January 1, 2025, for the ministerial preapproval of accessory dwelling unit plans.

Significant Provisions
The CalHome Program is administered by the California Department of Housing and Community Development to provide fundsforlowerincome homeownership opportunities. CalHome grant funds can finance the construction, repair, reconstruction, or rehabilitation of accessory dwelling units or junior
accessory dwelling units. AB 671 (Health and Safety
Code § 50650.3) provides that CalHome Program
restrictions will not prohibit the separate transfer of an accessory dwelling unit to a lower income household.

AB 976 (Government Code § 65852.2) makes permanent
the prohibition on owner occupancy requirements for
accessory dwelling units. Owner-occupancy is still
required to construct a junior accessory dwelling unit.

Applicable to Brentwood?
Yes. It would apply to all future
ADUs.

Applicable to Brentwood?
No. Only applies to the CalHome
Program.

2023 Housing and Land Use Legislation Summary 17
AB 1033 (Government Code §§ 65852.2 and 65852.26)
allows local agenciesto adopt an ordinance to permit the separate conveyance of accessory dwelling units and the primary dwelling unit as condominiums. The ordinance
must require the following:

1. The development is considered a common
interest development subject to the California Davis Stirling Act (Civil Code §§ 4000 et seq).

2. The development must be created in conformance with all applicable objective requirements of the Subdivision Map Act (Government Code §§ 66410 et seq) and all objective requirements of a local subdivision ordinance.

3. A safety inspection of the accessory dwelling unit must be conducted before recording the condominium plan.

4. The subdivision map or condominium plan cannot be recorded against the property until the lienholder(s) consents. The lienholder can opt to not consent, effectively prohibiting the subdivision. The local agency must provide certain information about the process for converting the development into condominiums on submittal checklists and public information about accessory dwelling units.

5. The homeowner will be required to notify providers of utilities, including water, sewer, gas, and electricity, of the condominium creation and separate conveyance.

6. If the property is in a planned development with an existing association, the property owner must first obtain the express written authorization ofthe existing association before recording a condominium map.

AB 1332 (Government Code § 65852.27) requires
local agencies to develop a program to preapprove
accessory dwelling unit plans by January 1, 2025. The
program must meet the following requirements:

1. The local agency must accept accessory
dwelling unit plan submissions for
preapproval without restricting who may submit plans for preapproval.

2. The review must be based on the standards in Government Code Section 65852.2.

3. The local agency may charge the applicant for the preapproval of plans the same fees that the local agency would charge an applicant seeking approval of an accessory dwelling unit.

4. The local agency must post the preapproved accessory dwelling unit plans and the contact information of the applicant of a preapproved accessory dwelling unit plan on the local agency’s internet website. The plan must be removed from the website within 30 days of receiving a request for removal from the applicant.

The local agency must approve or deny an application for a detached ADU ministerially without discretionary review within 30 days from the date the local agency receives a completed application if the application either (1) utilizes a plan for an accessory dwelling unit that has been preapproved by the local agency within the current triennial California Building Standards Code rulemaking cycle, or Applicable to Brentwood?
Only if the City adopted an ordinance
to allow separate conveyance of
ADUs.

Applicable to Brentwood?
Yes. The City will have to implement
a compliant ADU pre-approval
program.

2023 Housing and Land Use Legislation Summary 18
(2) utilizes a plan that is identical to a plan used in an application for a detached accessory dwelling unit approved by the local agency within the current triennial California Building Standards Code rulemaking cycle.

Parking (AB 894, AB 1308, AB 1317)
AB 894: SHARED PARKING (GOVERNMENT CODE § 65863.1)
AB 894 allows underused parking lots to satisfy parking requirements on a different site.

Significant Provisions
When at least 20 percent of a development’s
parking spaces are not occupied during the period in
which shared parking is proposed, the owner may
propose entering into a shared parking agreement
to satisfy the parking requirements on anothersite,
if the parcels sharing the parking are on the same, or contiguous parcels, separated by no more than 2,000 feet of travel by the shortest walking route, or if there is a plan for shuttles or other means to move people between the parking lot and the serviced site.

If the underutilized parking is not used by the receiving parcel to meet the local agency’s parking requirements, the local agency must accept the shared parking agreement.

If the underutilized parking is being used by the receiving parcel to meet the local agency’s parking requirements, the local agency must approve the shared parking agreement if the agreement includes a parking analysis using peer- reviewed methodologies developed by a professional planning association and the agreement either secures the long- term provision of parking or allows periodic review and approval by the local agency. If the shared parking agreement does not include a professional planning association study and the local agency has not adopted an ordinance that providesforshared parking agreements, the local agency must decide whetherto approve or deny the shared parking agreement. Prior to acting on a shared parking agreement, if the parties to the shared parking agreement include developments of at least 10 residential units or at least 18,000 square feet, the local agency must notify all property owners within 300 feet of the proposed shared parking agreement and, if a request for a meeting is received within 14 days, hold a public meeting.

Additionally, in certain publicly funded projects, the public agency providing the most funding must examine the feasibility of shared parking before funding is granted for parking lots or garages.

AB 1317: UNBUNDLED PARKING (CIVIL CODE § 1947.1)
AB 1317 requires that parking be separately leased to tenants in ten counties starting in 2025.

Applicable to Brentwood?
Yes. It would apply if an eligible project
proposing shared parking was
submitted to the City.

2023 Housing and Land Use Legislation Summary 19
Significant Provisions
Residential rental properties with 16 or more units
for which a certificate of occupancy was issued after
January 1, 2025, and are located in one of ten
specified counties must “unbundle” parking from
rent. Unbundling parking meansthat the parking will be leased under a separate contract (e.g.,rental agreement addendum or separate rental agreement), and the cost of parking will not be included in the price of rent. Tenants have the right of first refusal for parking spaces; spacesthat are not claimed by the tenants can be leased to other on-site users or off-site residential uses on a month- to-month basis. Failure of the tenant to pay the fee associated with parking may not constitute the basis for an unlawful detainer action, but the owner may revoke the tenant’s right to the parking if the associated fees remained unpaid for 45 days after the date on which they were due. The requirements do not apply to 100 percent affordable housing projects or to townhouses and row houses. In ABAG’s jurisdiction, only Alameda and Santa Clara Counties are subject to thisrequirement. San Diego County is excluded.

AB 1308: PARKING FOR SINGLE-FAMILY HOME REMODELS (GOVERNMENT CODE § 65863.3) AB 1308 provides that if an owner of a single-family
home seeks to remodel, renovate, or add to the
single-family home and the single-family home will
not exceed any maximum size limitations (e.g.,
height, lot coverage, floor-to-area ratio) imposed by
local zoning regulations, then the public agency cannot increase the minimum parking requirement as a condition of approval.

Financial Issues Related to Housing (SB 469, AB 516)
SB 469: ARTICLE 34 EXEMPTION (HEALTH & SAFETY CODE § 469) SB 469 expands the exemptions from the election requirement of Article 34 of the California Constitution (“Article 34”).

Significant Provisions
Article 34, as interpreted by California Supreme
Court decisions, generally requires that certain
“low rent housing projects” which are
“constructed, developed, or acquired” by State
public bodies must be approved by a majority vote
of the electorsin the jurisdiction where the housing is proposed. Section 37001 of the Health & Safety Code provides that certain programs and activities of State public bodies (State agencies, cities, Applicable to Brentwood?
No. Local agencies are not required to
enforce this legislation.

Applicable to Brentwood?
Yes. It would apply to eligible projects in
the City.

Applicable to Brentwood?
Yes. Only if the City were to finance an
eligible “low rent housing project” in the
future.

2023 Housing and Land Use Legislation Summary 20
counties, and special districts) do not constitute construction, development, or acquisition of low rent housing when the housing activities are primarily carried out by private parties. The following programs have been added to the list of exemptions by SB 469:
• Projectsthatreceive assistance under a program with funds appropriated and disbursed under Division 31 of the Health & Safety Code (starting with Section 50000) and Division 44 of the Public Resources Code, which includes:
o Department of Housing and Community Development programs that use funds appropriated and disbursed by the State.
o California Housing Finance Agency Programs that use funds appropriated and disbursed by the State.
o Affordable Housing and Sustainable Communities programs that use funds appropriated and disbursed by the State.
• Projects that receive an allocation of federal or state low-income housing tax credits from the California Tax Credit Allocation Committee.

AB 516: MITIGATION FEE ACT AMENDMENTS (GOVERNMENT CODE §§ 66006 AND 66023) AB 516 amends provisions of the Mitigation Fee Act related to reporting and audits.

Significant Provisions
Currently, the Mitigation Fee Act requires a
local agency that collects a development fee for
offsite or public improvements to deposit the
fee in a separate capital facilities account or
fund, and to annually make available to the
public certain information about the account or fund. AB 516 expands the information to be disclosed to include (i) identification of each public improvement identified in a previous report and whether construction began on the approximate date noted in the previous report and (ii) if any project did not commence by the approximate date, the reason for the delay and a revised approximate date for the commencement of the construction of improvement.

The AB 516 amendments also require a local agency to inform any person paying a fee of their right to request an audit pursuant to Government Code Section 66023 and of their right to file a written request for mailed notice of the local agency’s meeting to review information made public. The local agency must also send said person a link to the page on the local agency’s website where the information about the account or fund is available for review.

Finally, AB 516 provides that any person can request an audit to determine: (i) whether any fee or charge levied by a local agency exceeds the amount reasonably necessary to cover the cost of any product, public facility, or service provided by the local agency; (ii) when the revenue generated by a fee or charge is scheduled to be expended; and (iii) when the public improvement is scheduled to be completed. If such a request is made, the legislative body of the local agency may retain an independent auditor to make the above-mentioned determinations.

Applicable to Brentwood?
Yes. The City must comply with the
Mitigation Fee Act.

2023 Housing and Land Use Legislation Summary 21
Surplus Land Act (SB 747, AB 480)
Significant Provisions
SB 747 and AB 480 (Government Code §§ 54221,
54222, 54222.5, 54223, 54224, 54225, 54226,
54227, 54230, 54230.5., 54234) make
substantial changes to the Surplus Land Act.

These two bills have a Section 1, which was each individual author’s desired amendments, and a Section 1.5 which was the negotiated changes. Section 1.5 was supposed to be identical in both bills, however, there are differences in this section between the bills. This creates confusion as to which Section 1.5 will be effective. Since AB 480 was chaptered last, this summary reflects the amendments contained in that bill.

The Surplus Land Act imposes noticing and affordability requirements on local agencies selling or leasing their surplus real property that is no longer necessary for “agency use.” The definition of “agency use” has been expanded to include property owned by a port that is used to support logistics uses;sitesfor broadband equipment or wirelessfacilities; and buffersites nearsensitive governmental uses including waste disposal sites.

The scope of what is considered “exempt surplus land” has been amended. Exempt surplus land now includes the following (see the statute for a comprehensive list):
• Surplus land that is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes and less than one-half acre in size.
• Surplusland when a local agency is exchanging surplus land for another property necessary for the agency’s use, including easements necessary for the agency’s use. • Surplus land transferred to a third-party intermediary for future dedication for the receiving agency’s use pursuant to a legally binding agreement at the time of transfer to the thirdparty intermediary. • Surplusland to be developed as a housing development, which may have ancillary commercial ground floor uses, that restricts 100 percent of the residential units to persons and families of low or moderate income, with at least 75 percent of the residential units restricted to lower income households. Property with such proposed development is no longer subject to the requirement that the local agency invite local public entities with jurisdiction where the land is located and housing sponsorsto an open, competitive bid to qualify for the exemption. The requirements must be contained in a covenant or restriction recorded against the surplus land at the time of sale.
• The following types of surplus land are subject to the requirement that the local agency invite local public entities with jurisdiction where the land is located and housing sponsors to an open, competitive bid to qualify for the exemption:
o Surplus land to be developed as a mixed-use development that is more than one acre Applicable to Brentwood?
Yes. The City has surplus properties.

2023 Housing and Land Use Legislation Summary 22
in area, which includes not less than 300 residential units, and that restricts at least 25 percent of the residential units to lower income households. The property now must be less than 10 acres in area (consisting of either a single parcel, or two or more adjacent or non-adjacent parcels combined for disposition). The affordability requirements must be contained in a covenant or restriction recorded against the surplus land at the time of sale.
o Surplus land totaling 10 or more acres, consisting of either a single parcel, or two or more adjacent or non-adjacent parcels combined for disposition to one or more buyers pursuant to a plan or ordinance adopted by the legislative body of the local agency, or a state statute. The development on the surplus land must include the greater of (a) 300 residential units or (b) the lesser of 10 times the number of acres or 10,000 residential units. The project must restrict at least 25 percent of the residential units to lower income households. The affordability requirements must be contained in a covenant or restriction recorded against the surplus land at the time of sale. • Surplus land to be developed as a mixed-use development that is not located in an urbanized area that restricts at least 25 percent of the residential units to lower income and at least 50 percent of the square footage of the new construction associated with the development is designated for residential use.
• Surplus land that is owned by a California public-use airport on which residential uses are prohibited.
• Surplus land that is transferred to a community land trust that will be developed or rehabilitated as owner occupied housing, a member occupied limited equity housing cooperative, or a rental housing development. Improvements on the property must be made available to qualified persons, as defined in Revenue and Taxation Code Section (c)(6). • Surplusland owned by local agencies whose primary mission or purpose isto supply the public with a transportation system and which has adopted a land use plan or policy that meets specified conditionsrelated to housing can be exempt if the land is developed for commercial, or industrial uses or activities, including nongovernmental retail, entertainment, or office development or for the sole purpose of investment or generation of revenue if the local agency. Prior to disposing of a parcel for non-residential development, the local agency must dispose of 25% of the land designated in the land use plan or policy for affordable housing. If the land is disposed of forresidential purposes,the local agency must invite local public entities with jurisdiction over the property and housing sponsors to an open, competitive bid.

If surplus land is not exempt, prior to disposing of the land or “participating in negotiations,” the local agency must provide a written notice of availability to parties specified in the statute. The amendments clarify that “participating in negotiations” does not include issuing requests for proposals orrequest for qualificationsto the partiesspecified in the statute for certain exemptsurplus land activities; negotiating a lease, exclusive negotiating agreement, or option agreement for certain exempt surplus land activities; and negotiating with a developer to determine if a local agency can

2023 Housing and Land Use Legislation Summary 23
satisfy the disposal requirements when there are either leases for 15 years or less or no development or demolition on the property.

If an entity successfully purchases or leases surplus property pursuant to the Surplus Land Act, the entity must agree to restrict at least 25% of the units as affordable. Currently, ownership units are only subject to an equity share agreement, as defined in the Density Bonus Law. However, under SB 747 and AB 480, the ownership units will be subject to a 45- year affordability term, or to a 50-year term for ownership or rental housing on tribal trust lands.

The Legislature also amended the penalty for violating the Surplus Land Act. Previously, the penalty was based on the final price of the land sold. Now, the penalty is a percentage of the “applicable disposition value” which is the greater of the final sale price of the land or the fair market value of the land at the time of sale; in the case of a lease, the disposition value is the discounted net present value of the fair market value of the lease.

HOA Fees and Affordable Housing (AB 572)
AB 572: MITIGATION FEE ACT AMENDMENTS (CIVIL CODE § 5605) AB 572 limits increases in homeowners’ association dues for deed-restricted affordable housing.

Significant Provisions
AB 572 amends the Davis-Stirling Common
Interest Development Act to restrict the amount
by which a homeowners’ association can annually
increase a “regular assessment” on the owner of a
deed-restricted affordable housing unit. The fees can only increase by five percent plusthe percentage change in the Consumer Price Index, not to exceed 10 percent. The association may impose an assessment on the owner of a deed-restricted affordable housing unit in the development that is lower than the assessment imposed against other owners according to the proportional ownership of total subdivision interests subject to assessments.

AB 572 does not apply to any of the following:
• A development where the percentage of the units(excluding manager’s unit(s)) that are deedrestricted affordable housing units exceeds the percentage required by any applicable zoning ordinance in effect at the time the development received final approval; • A development that is located within a jurisdiction that does not have any applicable zoning ordinance requiring a percentage of deed-restricted affordable housing units and either (i) the percentage of the units (excluding manager’s unit(s)) that are deed-restricted affordable exceeds 10 percent of the total number of units in the development or (ii) the development meets the affordability requirements in AB 2011 (Government Code Section 65912.122(b)(1)(B)), was approved pursuant to AB 20100 (Government Code Section Applicable to Brentwood?
This legislation only applies to HOAs in
common interest housing developments.

2023 Housing and Land Use Legislation Summary 24
65912.124), and the percentage of units(excluding manager’s unit(s)) that are deed-restricted affordable exceeds 15 percent of the total number of units in the development. • A development of 20 units or fewer.

Miscellaneous(AB 281, AB 309, AB 812, AB 835)
AB 281: Special District Postentitlement Permits
(Government Code § 65913.3.1) requires that a
special district that receives an application for
service or postentitlement approval provide
written notice of next steps in the review process, including any additional information necessary to review the application. A special district that receives any requested additional information shall respond to the applicant with an additional written notice of next steps in the review process, again including any additional information necessary to review the application.

AB 309: Social Housing Act (Government Code §§
64900 etseq.) creates a social housing program in
the state Department of General Services (DGS)
and authorizes DGS to develop up to three social
housing projects on land owned by the state. The intent is to create mixed-income housing that is revenue-neutral. The local agency where the project is located may impose design requirements but may not limit floor area, height, or density.

AB 812: Artist Housing (Government Code §
65914.8) allows local agencies to adopt an
ordinance that requires development proponents
to reserve a percentage of the project units for
artists. The reserved artist units must be located
within one-half mile from or within a certified state-designated cultural district (pursuant to Government Code § 8758) or within any similar locally designated cultural district. If an insufficient number of artists apply for and occupy the reserved units, the unoccupied units may be offered to general members of the public. The local agency can require up to 10 percent of the locally restricted affordable units to be reserved for artists.

AB 835: Single-Exit Apartment Houses (Health &
Safety Code § 13108.5.2) requires the State Fire
Marshal to research standards for single-exit,
single stairway apartment houses, with more than
two dwelling units, in buildings above three
stories. After performing this research, the State Fire Marshall must provide a report to the Senate Applicable to Brentwood?
No. The City is not a special district.

Applicable to Brentwood?
No. Applies to the State only.

Applicable to Brentwood?
Only if the City adopts an ordinance
requiring artist housing.

Applicable to Brentwood?
No. Local agencies are not required to
enforce this legislation.

2023 Housing and Land Use Legislation Summary 25
Committee on Governmental Organization, the Assembly Committee on Emergency Management, the Joint Legislative Committee on Emergency Management, and the California Building Standards Commission by January 1, 2026. The report must address fire and life safety or emergency activities in the apartment houses studied.

Enforcement and Other HCD Responsibilities (SB 555, AB 434, AB 1485)
AB 1485: Attorney General Intervention in Housing Litigation (Government Code § 65585.01) authorizes the Attorney General to intervene in an action or proceeding regarding housing.

AB 1485 gives HCD and the Attorney General (AG)
the unconditional right to directly intervene in
housing litigation against a local government.

Currently a non-party who wishes to join a lawsuit
by intervention mustseek leave of court pursuant to Code of Civil Procedure Section 387(c). The court must permit intervention if a provision of law confers an unconditional right to intervene under Section 387(d)(1)(A).

AB 1485 establishes that in any lawsuit brought to enforce housing laws, including the laws listed in Government Code Section 65585(j) (which includes the Housing Accountability Act, the State Density Bonus Law, the Housing Crisis Act of 2019, and other enumerated laws), HCD or the AG shall have an unconditional right to intervene. As a result, a court must permit intervention upon application by HCD or the AG for leave of court to intervene in a lawsuit.

AB 434: HCD Authority to Enforce Housing Laws (Government Code § 65585) continues the strengthening of the state’s enforcement powers.

It amends Government Code Section 65585(j) to
add specific housing laws to the list that HCD is
required to enforce, if the HCD finds that a local
government has taken an action in violation of that
law. Section 65585(j) currently lists thirteen laws that HCD is required to enforce; AB 434 would add thirteen more. The new laws on this list include laws pertaining to accessory dwelling units and junior accessory dwelling units, SB 6 (2022), SB 9 (2021), AB 1218 (2023), SB 4 (2023), and SB 684 (2023).

SB 555: Stable Affordable Housing Act of 2023
(Government Code §§ 50610 etseq.) requires HCD
to complete a California Social Housing Study by
December 31, 2026. The study shall consist of a
comprehensive analysis of the opportunities,
Applicable to Brentwood?
Indirectly. Only if Attorney General
intervention impacted the City.

Applicable to Brentwood?
Only if HCD finds that Brentwood has
violated specific housing laws.

Applicable to Brentwood?
Indirectly. Recommendations of the study
could impact Brentwood in the future.

2023 Housing and Land Use Legislation Summary 26
resources, obstacles, and recommendations for the creation of affordable housing and social housing, at scale, to assist in meeting the need identified in the statewide projections for below market rate housing affordable to households with extremely low, very low, low, and moderate incomes in the Sixth Regional Housing Needs Assessment cycle. HCD is required to enlist participation of residents unable to afford market rents, public agencies, and mission- driven nonprofit entities and make recommendations to the state based on the study.

Bay Area Housing Finance Authority Statute (AB 1319)
AB 1319 modifies the San Francisco Bay Area Regional Finance Act (Gov. Code § 64500, et seq.), which establishes the Bay Area Housing Finance Authority’s (BAHFA), to expand its authority, clarify provisions, and allow it to take advantage of any lower vote threshold enacted by voters, among other provisions.

Significant Provisions
AB 1319 gives BAHFA explicit authority to:

1. Issue mortgage revenue bonds secured by
rents, mortgages, or loan repayments. This
enables financing of apartments affordable
to moderate income households.

2. Acquire, develop, and dispose of real
property.

3. Fund homelessness prevention services as part of its tenant protections program. These services can include emergency financial assistance, supportive services, and housing problem-solving.

Additionally, AB 1319 allows any bond measure or special tax placed on the ballot by BAHFA to pass with the voter threshold as set by state law.

Applicable to Brentwood?
Indirectly. Local agencies can partner
with BAHFA to buy residential property
and finance apartments through
revenue bonds.

City of Brentwood
Summary of Significant 2023 Housing and Land Use Legislation* Source: ABAG Regional Housing Technical Assistance Program *All bills become effective on January 1, 2024, unless otherwise noted.

Bill # Sponsor Title or Primary Bill Focus Applicable to Brentwood? Overview of Key Bill Provisions Senate Bills
SB 4 Scott Weiner Affordable Housing on Faith and
Higher Education Land
Yes. There are institutions in the
City that would qualify for the
“use by right” if they submitted an
eligible project to the City.

Requires that, upon the request of an applicant, a housing development project be a “use by right” on land owned by an independent institution of higher education or a religious institution if specified criteria are met.

SB 69 Dave Cortese CEQA Bills Yes. The City will have to update its posting procedures.

Requires that when a local agency files a notice of determination or notice of exemption, as applicable, with the county clerk of each county in which a project is located that it will also file the notice of determination with the State Clearing House in the Office of Planning and Research. The notice, including any subsequent or amended notice, must be posted by the Office of Planning and Research within 24 hours of receipt in the office and on the State Clearinghouse internet website and remain posted for 30 days.

SB 91 Tom Umberg CEQA Bills Yes. If there were an eligible transitional housing project in the
City in the future.

Extends indefinitely the CEQA exemption for projects related to the conversion of a structure with a certificate of occupancy as a motel, hotel, residential hotel, or hostel to supportive or transitional housing. The exemption was previously set to sunset January 1, 2025. This bill also extends the application for the procedures for environmental leadership transit project approved on or before January 1, 2025 (previously on or before January 1, 2024) to January 1, 2026 (previously only in effect until January 1, 2025).

SB 406 Dave Cortese CEQA Bills Yes. If the City provided financial assistance to a qualifying low or
moderate income residential
project.

Extends a CEQA exemption to local agencies not acting as the lead agency (previously only available for the Department of Housing and Community Development and California Housing Finance Agency) providing financial assistance or insurance for the development and construction of residential housing for persons and families of low or moderate income, as defined in the Health & Safety Code, if the project that is the subject of the application for financial assistance or insurance will be reviewed by another public agency.

SB 423 Scott Weiner Modifications to Streamlined Approval Yes. Qualifying projects in the City would be eligible for
streamlined, ministerial approval.

Amends the streamlined, ministerial approval process (generally known as the “SB 35” process) for qualifying multifamily and mixed-use affordable housing projects in most localities. Also extends SB 35 to the Coastal Zone, with certain exceptions.

City of Brentwood
Summary of Significant 2023 Housing and Land Use Legislation* Source: ABAG Regional Housing Technical Assistance Program *All bills become effective on January 1, 2024, unless otherwise noted.

Bill # Sponsor Title or Primary Bill Focus Applicable to Brentwood? Overview of Key Bill Provisions Senate Bills
SB 469 Benjamin Allen Article 34 Exemption Yes. Only if the City were to finance an eligible “low rent
housing project” in the future.

Expands the exemptions from the election requirement of Article 34 of the California Constitution (“Article 34”). Article 34, as interpreted by California Supreme Court decisions, generally requires that certain “low rent housing projects” which are “constructed, developed, or acquired” by State public bodies must be approved by a majority vote of the electors in the jurisdiction where the housing is proposed.

SB 555 Aisha Wahab Stable Affordable Housing Act of 2023 Indirectly. Recommendations of the study could impact
Brentwood in the future.

Requires HCD to complete a California Social Housing Study by December 31, 2026. The study shall consist of a comprehensive analysis of the opportunities, resources, obstacles, and recommendations for the creation of affordable housing and social housing, at scale, to assist in meeting the need identified in the statewide projections for below market rate housing affordable to households with extremely low, very low, low, and moderate incomes in the Sixth Regional Housing Needs Assessment cycle. HCD is required to enlist participation of residents unable to afford market rents, public agencies, and mission-driven nonprofit entities and make recommendations to the state based on the study.

SB 684 Anna Caballero Subdivisions for 10 Units or Fewer Yes. The City will be required to process qualifying maps
ministerially and will be required
to approve or deny eligible
applications within 60 days.

Requires local agencies to ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets certain size, density, and other requirements. Creates a streamlined approval process for development projects of 10 or fewer residential units on urban lots under 5 acres. Goes into effect July 1, 2024.

SB 713 Steve Padilla Definition of “Development Standard” Yes if an eligible density bonus project was submitted to the City.

Modifies the definition of “development standard” to provide that it includes “a regulation that is adopted by the local government or that is enacted by the local government’s electorate exercising its local initiative or referendum power, whether that power is derived from the California Constitution, statute, or the charter or ordinances of the local government.” SB 747 (AB
480)
Anna Caballero Surplus Land Act Yes. The City has surplus properties.

Imposes noticing and affordability requirements on local agencies selling or leasing their surplus real property that is no longer necessary for “agency use.” The definition of “agency use” has been expanded to include property owned by a port that is used to support logistics uses; sites for broadband equipment or wireless facilities; and buffer sites near sensitive governmental uses including waste disposal sites.

City of Brentwood
Summary of Significant 2023 Housing and Land Use Legislation* Source: ABAG Regional Housing Technical Assistance Program *All bills become effective on January 1, 2024, unless otherwise noted.

Bill # Sponsor Title or Primary Bill Focus Applicable to Brentwood? Overview of Key Bill Provisions Assembly Bills
AB 281 Tim Grayson Special District Post entitlement
Permits
No. The City is not a special
district.

Requires that a special district that receives an application for service or post entitlement approval provide written notice of next steps in the review process, including any additional information necessary to review the application. A special district that receives any requested additional information shall respond to the applicant with an additional written notice of next steps in the review process, again including any additional information necessary to review the application.

AB 309 Ash Kalra Social Housing Act No. Applies to the State only. Creates a social housing program in the state Department of General Services (DGS) and authorizes DGS to develop up to three social housing projects on land owned by the state. The intent is to create mixed-income housing that is revenue-neutral. The local agency where the project is located may impose design requirements but may not limit floor area, height, or density.

AB 323 Chris Holden Sale of Affordable Units Yes. Applies to approved density bonus projects.

Provides that any for-sale unit(s) that qualified an applicant for the award of a density bonus must be (i) sold to and occupied by a very, low, or moderate-income household for an affordable housing cost and subject to an equity sharing agreement, or (ii) if any such unit is not purchased by an income-qualified household within 180 days after the issuance of the certificate of occupancy, then it is sold to a qualified nonprofit housing corporation pursuant to a recorded contract that satisfies the requirements of Revenue & Taxation Code Section 402.1(a)(10).

AB 356 Devon Mathis CEQA Bills Yes. If an eligible project in an existing building was submitted to
the City.

Extends the sunset date from January 1, 2024, to January 1, 2029, of the Dilapidated Building Refurbishment Act. Existing law provides that a lead agency is not required to evaluate the aesthetic effects of a project and aesthetic effects shall not be considered significant effects on the environment if the project involves refurbishment, conversion, repurposing, or replacement of an existing building that meets specified requirements.

AB 434 Tim Grayson HCD Authority to Enforce Housing
Laws
Only if HCD finds that Brentwood
has violated specific housing
laws.

Continues the strengthening of the state’s enforcement powers. It amends Government Code Section 65585(j) to add specific housing laws to the list that HCD is required to enforce, if the HCD finds that a local government has taken an action in violation of that law. Section 65585(j) currently lists thirteen laws that HCD is required to enforce; AB 434 would add thirteen more. The new laws on this list include laws pertaining to accessory dwelling units and junior accessory dwelling units, SB 6 (2022), SB 9 (2021), AB 1218 (2023), SB 4 (2023), and SB 684 (2023).

City of Brentwood
Summary of Significant 2023 Housing and Land Use Legislation* Source: ABAG Regional Housing Technical Assistance Program *All bills become effective on January 1, 2024, unless otherwise noted.

Bill # Sponsor Title or Primary Bill Focus Applicable to Brentwood? Overview of Key Bill Provisions Assembly Bills
AB 480 (SB
747)
Philip Ting Surplus Land Act Yes. The City has surplus
properties.

Imposes noticing and affordability requirements on local agencies selling or leasing their surplus real property that is no longer necessary for “agency use.” The definition of “agency use” has been expanded to include property owned by a port that is used to support logistics uses; sites for broadband equipment or wireless facilities; and buffer sites near sensitive governmental uses including waste disposal sites.

AB 516 James Ramos Mitigation Fee Act Amendments Yes. The City must comply with the Mitigation Fee Act.

Amends provisions of the Mitigation Fee Act related to reporting and audits.

AB 572 Matt Haney Mitigation Fee Act Amendments This only applies to HOA's in common interest housing
developments.

Limits increases in homeowners’ association dues for deed-restricted affordable housing.

AB 671 Chris Ward Accessory Dwelling Units No. Only applies to the CalHome Program.

Provides that CalHome Program restrictions will not prohibit the separate transfer of an accessory dwelling unit to a lower income household.

AB 812 Tasha Boerner
Horvath
Artist Housing Only if the City adopts an
ordinance requiring artist
housing.

Allows local agencies to adopt an ordinance that requires development proponents to reserve a percentage of the project units for artists. The reserved artist units must be located within onehalf mile from or within a certified state-designated cultural district (pursuant to Government Code § 8758) or within any similar locally designated cultural district. If an insufficient number of artists apply for and occupy the reserved units, the unoccupied units may be offered to general members of the public.

AB 812 Tim Grayson General Plan and Zoning Consistency Yes it would apply if an eligible project was submitted to the City.

Addresses what happens when a zoning ordinance is not consistent with the general plan when a project application that does not fall within the Housing Accountability Act and is consistent with the general plan, but not the zoning, is submitted. A local agency must either amend the zoning ordinance within 180 days of receipt of the development application to be consistent with the general plan; or, if the zoning ordinance is not amended within that time period, the local agency must process the development application and apply objective general plan standards, but not inconsistent zoning standards.

City of Brentwood
Summary of Significant 2023 Housing and Land Use Legislation* Source: ABAG Regional Housing Technical Assistance Program *All bills become effective on January 1, 2024, unless otherwise noted.

Bill # Sponsor Title or Primary Bill Focus Applicable to Brentwood? Overview of Key Bill Provisions Assembly Bills
AB 835 Alex Lee Single-Exit Apartment Houses No. Local agencies are not required to enforce this
legislation.

Requires the State Fire Marshal to research standards for single-exit, single stairway apartment houses, with more than two dwelling units, in buildings above three stories. After performing this research, the State Fire Marshall must provide a report to the Senate Committee on Governmental Organization, the Assembly Committee on Emergency Management, the Joint Legislative Committee on Emergency Management, and the California Building Standards Commission by January 1, 2026. The report must address fire and life safety or emergency activities in the apartment houses studied.

AB 894 Laura Friedman Shared Parking Yes. It would apply if an eligible project proposing shared parking
was submitted to the City.

Allows underused parking lots to satisfy parking requirements on a different site.

AB 976 Philip Ting Accessory Dwelling Units Yes it would apply to all future ADUs.

Makes permanent the prohibition on owner occupancy requirements for accessory dwelling units.

Owner-occupancy is still required to construct a junior accessory dwelling unit.

AB 1033 Philip Ting Accessory Dwelling Units Only if the City adopted an ordinance to allow separate
conveyance.

Allows local agencies to adopt an ordinance to permit the separate conveyance of accessory dwelling units and the primary dwelling unit as condominiums.

AB 1218 Josh Lowenthal Replacement Housing Requirements Yes it would apply if an eligible project proposed demolition of
existing housing units.

Amends the Housing Crisis Act to expand replacement housing and relocation assistance requirements that apply when housing units are demolished. AB 1218 adds Government Code Sections 66300.5 and 66300.6, which now covers all the replacement housing and relocation requirements.

AB 1287 David Alvarez Additional Density Bonuses Yes. It would apply if an eligible density bonus project was
submitted to the City.

Increases the maximum density bonus to nearly 90 percent for the inclusion of more very low income, low income, or moderate-income housing.

City of Brentwood
Summary of Significant 2023 Housing and Land Use Legislation* Source: ABAG Regional Housing Technical Assistance Program *All bills become effective on January 1, 2024, unless otherwise noted.

Bill # Sponsor Title or Primary Bill Focus Applicable to Brentwood? Overview of Key Bill Provisions Assembly Bills
AB 1307 Josh Hoover CEQA Bills Yes. It would apply to eligible projects subject to CEQA.

Provides that noise generated by occupants of residential projects is not a significant effect on the environment. Public Resources Code § 21085 states that “[f]or purposes of this division, for residential projects, the effects of noise generated by project occupants and their guests on human beings is not a significant effect on the environment.” AB 1308 Laura Friedman Parking for Single-Family Home
Remodels
Yes. It would apply to eligible
projects in the City.

Provides that if an owner of a single-family home seeks to remodel, renovate, or add to the singlefamily home and the single-family home will not exceed any maximum size limitations (e.g., height, lot coverage, floor-to-area ratio) imposed by local zoning regulations, then the public agency cannot increase the minimum parking requirement as a condition of approval.

AB 1317 Wendy Carillo Unbundled Parking No. Local agencies are not required to enforce this
legislation.

Requires that parking be separately leased to tenants in ten counties starting in 2025.

AB 1319 Buffy Wicks Bay Area Housing Finance Authority
Statute
Indirectly. Local agencies can
partner with BAHFA to buy
residential property and finance
apartments through revenue
bonds.

Modifies the San Francisco Bay Area Regional Finance Act (Gov. Code § 64500, et seq.), which establishes the Bay Area Housing Finance Authority (BAHFA), to expand its authority, clarify provisions, and allow it to take advantage of any lower vote threshold enacted by voters, among other provisions.

AB 1332 Juan Carillo Accessory Dwelling Units Yes. The City will have to implement a compliant ADU preapproval program.

Requires local agencies to develop a program to preapprove accessory dwelling unit plans by January 1, 2025.

AB 1449 David Alvarez Affordable Housing CEQA Exemption Yes. It would apply to eligible affordable housing projects on
land owned by a public agency.

Exempts from CEQA numerous public agency actions for an “affordable housing project”.

AB 1485 Matt Haney Attorney General Intervention in
Housing Litigation
Indirectly. Only if the Attorney
General intervention impacted
the City.

Authorizes the Attorney General to intervene in an action or proceeding regarding housing.

City of Brentwood
Summary of Significant 2023 Housing and Land Use Legislation* Source: ABAG Regional Housing Technical Assistance Program *All bills become effective on January 1, 2024, unless otherwise noted.

Bill # Sponsor Title or Primary Bill Focus Applicable to Brentwood? Overview of Key Bill Provisions Assembly Bills
AB 1490 Alex Lee Affordable Adaptive Reuse Projects Yes. It would apply to eligible projects that repurpose an
existing building in the City.

Provides incentives, such as guaranteed permit turnaround times, for statutorily defined “extremely affordable adaptive reuse projects” (i.e., motel and hotel conversions).

AB 1633 Philip Ting Certain CEQA Violations Made
Violations of the Housing
Accountability Act
Yes. It would apply to CEQA
determinations made for future
projects.

Amends the Housing Accountability Act to expand the definition of disapproval of a housing development project to include certain circumstances when a public agency fails to make determinations under CEQA or requires additional analysis before approving CEQA documents.

CITY COUNCIL AGENDA ITEM NO. F.20
04/23/2024
SUBJECT: Informational Report on Final Map of Subdivision No. 9452, Cowell Ranch, developed by Shea Homes, LP.

DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Heather Silfies, Engineering Services Specialist

TITLE/RECOMMENDATION
Receive and file an Informational Report on Final Map approval by the City Manager of Subdivision No. 9452, Cowell Ranch, developed by Shea Homes, LP, located south of Marsh Creek Road and east of Vineyards Parkway (APN’s 007-380-002 and 007- 380-003).

FISCAL IMPACT
This report is informational only and does not authorize expenditures.

BACKGROUND
In compliance with Government Code Section 66458(d) and Municipal Code Section

16.165.030, please be advised that the above-referenced Final Map and associated Subdivision Improvement Agreement have been presented to the City Manager for approval.

Tentative Subdivision Map No. 9452, upon which this Final Map is based, was approved by the City Council Resolution No. 2018-118, on August 28, 2018.

This Final Map has been checked for conformance with the approved Tentative Subdivision Map and all Conditions of Approval and dedications for the appropriate roadways, parcels and easements have been offered. This subdivision consists of 140 active adult single-family duet residential units.

In order for this Final Map to be recorded, the City Manager needs to approve the Subdivision Map, Subdivision Improvement Agreement, and accept the offers of dedication as shown on the Subdivision Map.

CITY COUNCIL AGENDA ITEM NO. F.20
04/23/2024

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)
Not Applicable.

ATTACHMENT(S)

1. Previous Action

2. Site Map

3. Approved Final Map

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 September 9, 2003, the City Council adopted Ordinance No. 759, authorizing the City Manager to approve final subdivision maps and execute subdivision improvement agreements.

On July 25, 2018, by Resolution No. 18-011, the Planning Commission recommended the City Council approve vesting tentative Subdivision Map No. 9452.

On August 28, 2018, by Resolution No. 2018-118, the City Council approved vesting tentative Subdivision No. 9452.

CHIANTI LN

NAVARRA WAY

SPUMANTE LN

RIESL ING CIR

CORSICA WAY

BARBARESCO LN

MARSH CREEK RD
SANG
R
AI S
T

FIAN O LN
STATE ROUTE 4

SANTORINI ST

VINEYARDS PKWY
MIW OK
AVE

OLD MARSH CREEK RD

PIONEERSQ

MARSH CREEK RD
Final Map
Cowell Ranch Subdivision No. 9452
Developed by Shea Homes, LP
Docum ent Path: W:\MXD\Staff Report Maps\9452 Final Map.m xd 9452 CITY LIMIT

VASCO RD
STATE ROUTE 4
(MARSH CREEK RD)
Attachment 2

1 SUBDIVISION 9452

COWELL RANCH
CONSISTING OF 14 SHEETS
BEING A SUBDIVISION OF A PORTION OF NEW PARCEL 3 DESCRIBED IN

THAT GRANT DEED TO AFFECTUATE LOT LINE ADJUSTMENT RECORDED AS DOCUMENT NUMBER 2002-197696, CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
APRIL 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 349-056 SHEET OF 14

OWNER'S STATEMENT OWNER'S ACKNOWLEDGMENT

SURVEYOR'S STATEMENT

COUNTY RECORDER'S STATEMENT

CLERK OF THE BOARD OF SUPERVISORS

STATEMENT

2 SUBDIVISION 9452

COWELL RANCH
CONSISTING OF 14 SHEETS
BEING A SUBDIVISION OF A PORTION OF NEW PARCEL 3 DESCRIBED IN

THAT GRANT DEED TO AFFECTUATE LOT LINE ADJUSTMENT RECORDED AS DOCUMENT NUMBER 2002-197696, CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
APRIL 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
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JOB NO. 349-056 SHEET OF 14

SOILS REPORT

CITY MANAGER'S STATEMENT
CITY COUNCIL STATEMENT:

SIGNATURE OMISSIONS:

CITY ENGINEER'S STATEMENT

CITY SURVEYOR'S STATEMENT

TRUSTEE'S ACKNOWLEDGMENT

TRUSTEE'S STATEMENT

MARSH CREEK ROAD

VASCO ROAD

PARKWAY

VINEYARDS

OLD MARSH CREEK ROAD CONCORD AVENUE
SUBDIVISION AREA= 29.19 AC.±

MARSH CREEK ROAD
3 150'

GRAPHIC SCALE
150' 0' 75' 150' 300' 600'
SUBDIVISION 9452

COWELL RANCH
SCALE: 1" =
CONSISTING OF 14 SHEETS
BEING A SUBDIVISION OF A PORTION OF NEW PARCEL 3 DESCRIBED IN

THAT GRANT DEED TO AFFECTUATE LOT LINE ADJUSTMENT RECORDED AS DOCUMENT NUMBER 2002-197696, CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
APRIL 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
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ROSEVILLE
(925) 866-0322
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BASIS OF BEARINGS:

LEGEND
REFERENCES:

JOB NO. 349-056 SHEET OF 14

ORCHARD
LANE
NOTES:

5 MARSH CREEK ROAD

VASCO ROAD

OLD MARSH CREEK ROAD
PARCEL L 2
3 4
6 5
12 13 14 15 16 17 18 19 20
11 10 9
8 7
22 21 93
94 95
100
104
103 102
101
99 107 108
106 105
110
111
109
112
120 119
54 52
53 56
77 78 79 80
81 82
83 86
84 85
49 50
48 46
47 90
88 89
87 92
91 44
45 43
37 42 35 36 38 39 40 41
32 31 30 29 28 27 26 25 24 23
137
139
138
140
133
134
136
61 62
68 63
64 66
67 65
57 58
75 74 73
76 72 71 70 69
60 59
121 122 123 124 125 126 127 128 129 130 131 132

PARCEL A

PARCEL H

PARCEL B
6 7
8 9
10 11
12 13 C STREET

A STREET

B STREET

D STREET

B STREET

ENTRY ROAD A
98 PARCEL D
1 PARCEL E

PARCEL G

PARCEL M
PARCEL K 118 117 115 116 114 113
96 97
55 34
33 PARCEL O

PARCEL N

PARCEL I
135

PARCEL F

PARCEL C
51 4
150'
SUBDIVISION 9452

COWELL RANCH
SCALE: 1" =
CONSISTING OF 14 SHEETS
BEING A SUBDIVISION OF A PORTION OF NEW PARCEL 3 DESCRIBED IN

THAT GRANT DEED TO AFFECTUATE LOT LINE ADJUSTMENT RECORDED AS DOCUMENT NUMBER 2002-197696, CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
APRIL 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 349-056 SHEET OF 14
5 GRAPHIC SCALE
150' 0' 75' 150' 300' 600'
BASIS OF BEARINGS:

LEGEND
REFERENCES:

NOTES:

PARCEL A

PARCEL H

OLD MARSH CREEK ROAD

PARKWAY VINEYARDS MARSH CREEK ROAD
ENTRY ROAD A SEE SHEET 6

PARCEL J

PARCEL K
5 60'

GRAPHIC SCALE
60' 0' 30' 60' 120' 240'
SUBDIVISION 9452

COWELL RANCH
SCALE: 1" =
CONSISTING OF 14 SHEETS
BEING A SUBDIVISION OF A PORTION OF NEW PARCEL 3 DESCRIBED IN

THAT GRANT DEED TO AFFECTUATE LOT LINE ADJUSTMENT RECORDED AS DOCUMENT NUMBER 2002-197696, CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
APRIL 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
BASIS OF BEARINGS:

LEGEND
REFERENCES:

JOB NO. 349-056 SHEET OF 14
NOTES:

63 64
62 66
65 67
68 61
137
136
139
138
140
134

PARCEL L
2 3
4 PARCEL A

PARCEL B
ENTRY ROAD A SEE SHEET 5

A STREET
SEE SHEET 13 SEE SHEET 7

C STREET

B STREET
1 PARCEL M

PARCEL K

PARCEL J
135
6 SUBDIVISION 9452

COWELL RANCH
SCALE: 1" =
CONSISTING OF 14 SHEETS
BEING A SUBDIVISION OF A PORTION OF NEW PARCEL 3 DESCRIBED IN

THAT GRANT DEED TO AFFECTUATE LOT LINE ADJUSTMENT RECORDED AS DOCUMENT NUMBER 2002-197696, CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
APRIL 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 349-056 SHEET OF 14
30'

GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
BASIS OF BEARINGS:

LEGEND
REFERENCES:

NOTES:

7 8
10 9
11 5
6 A STREET
SEE SHEET 13 SEE SHEET 6

B STREET

A STREET
SEE SHEET 8

PARCEL J
SEE SHEET 6

PARCEL E
33 34

PARCEL K

PARCEL F
33 PARCEL F

B STREET
7 30'

GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
SUBDIVISION 9452

COWELL RANCH
SCALE: 1" =
CONSISTING OF 14 SHEETS
BEING A SUBDIVISION OF A PORTION OF NEW PARCEL 3 DESCRIBED IN

THAT GRANT DEED TO AFFECTUATE LOT LINE ADJUSTMENT RECORDED AS DOCUMENT NUMBER 2002-197696, CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
APRIL 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 349-056 SHEET OF 14
BASIS OF BEARINGS:

LEGEND
REFERENCES:

NOTES:

DETAIL A

31 29 28 27
32 30 26 25 24 23
12 13 14 15 16 19 20 21

A STREET
SEE SHEET 11 SEE SHEET 10
SEE SHEET 9 SEE SHEET 7

B STREET
17 18

PARCEL J

PARCEL K
8 30'
SUBDIVISION 9452

COWELL RANCH
SCALE: 1" =
CONSISTING OF 14 SHEETS
BEING A SUBDIVISION OF A PORTION OF NEW PARCEL 3 DESCRIBED IN

THAT GRANT DEED TO AFFECTUATE LOT LINE ADJUSTMENT RECORDED AS DOCUMENT NUMBER 2002-197696, CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
APRIL 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 349-056 SHEET OF 14

GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
BASIS OF BEARINGS:

LEGEND
REFERENCES:

NOTES:

22 46 89
90 44
45 91
43 92
93 94
95 99
100
101
102
103
104 D STREET
SEE SHEET 8 B STREET
SEE SHEET 10

PARCEL J PARCEL D
96 97
98 PARCEL G

PARCEL K

PARCEL O

PARCEL I
9 SUBDIVISION 9452

COWELL RANCH
SCALE: 1" =
CONSISTING OF 14 SHEETS
BEING A SUBDIVISION OF A PORTION OF NEW PARCEL 3 DESCRIBED IN

THAT GRANT DEED TO AFFECTUATE LOT LINE ADJUSTMENT RECORDED AS DOCUMENT NUMBER 2002-197696, CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
APRIL 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 349-056 SHEET OF 14
30'

GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
BASIS OF BEARINGS:

LEGEND
REFERENCES:

NOTES:

80 53
81 82
83 52
84 50
85 49
86 48
47 88
87 105
106
107
108
109
110
111
112 D STREET SEE SHEET 12 B STREET
SEE SHEET 9 PARCEL J PARCEL D PARCEL J SEE SHEET 8 SEE SHEET 11 114
113
51 10
SUBDIVISION 9452

COWELL RANCH
SCALE: 1" =
CONSISTING OF 14 SHEETS
BEING A SUBDIVISION OF A PORTION OF NEW PARCEL 3 DESCRIBED IN

THAT GRANT DEED TO AFFECTUATE LOT LINE ADJUSTMENT RECORDED AS DOCUMENT NUMBER 2002-197696, CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
APRIL 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 349-056 SHEET OF 14
30'

GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
BASIS OF BEARINGS:

LEGEND
REFERENCES:

NOTES:

35 36 37 D STREET

B STREET

PARCEL J
SEE SHEET 13
SEE SHEET 12
SEE SHEET 10
SEE SHEET 8 SEE SHEET 13
55 54
40 38 39 41
42 56 PARCEL N PARCEL C

B STREET
56 PARCEL N
11 SUBDIVISION 9452

COWELL RANCH
SCALE: 1" =
CONSISTING OF 14 SHEETS
BEING A SUBDIVISION OF A PORTION OF NEW PARCEL 3 DESCRIBED IN

THAT GRANT DEED TO AFFECTUATE LOT LINE ADJUSTMENT RECORDED AS DOCUMENT NUMBER 2002-197696, CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
APRIL 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 349-056 SHEET OF 14
30'

GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
BASIS OF BEARINGS:

LEGEND
REFERENCES:

NOTES:

DETAIL A

119
120
79 77 78

D STREET
SEE SHEET 10
SEE SHEET 13

PARCEL J D STREETPARCEL J C STREET

PARCEL B
SEE SHEET 11
122
121

PARCEL D
118
117
115
116 PARCEL N

PARCEL C
12 SUBDIVISION 9452

COWELL RANCH
SCALE: 1" =
CONSISTING OF 14 SHEETS
BEING A SUBDIVISION OF A PORTION OF NEW PARCEL 3 DESCRIBED IN

THAT GRANT DEED TO AFFECTUATE LOT LINE ADJUSTMENT RECORDED AS DOCUMENT NUMBER 2002-197696, CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
APRIL 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 349-056 SHEET OF 14
30'

GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
LEGEND BASIS OF BEARINGS:

REFERENCES:

NOTES:

69 70
60 59 58 57
71 72 73 74 75 76
133
132 131 130 129 128 127 126 125 124 123
PARCEL B SEE SHEET 12 SEE SHEET 12

C STREET PARCEL J
SEE SHEET 7

PARCEL J C STREET
SEE SHEET 6
SEE SHEET 6

PARCEL F

PARCEL C
30'

GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
SUBDIVISION 9452

COWELL RANCH
SCALE: 1" =
CONSISTING OF 14 SHEETS
BEING A SUBDIVISION OF A PORTION OF NEW PARCEL 3 DESCRIBED IN

THAT GRANT DEED TO AFFECTUATE LOT LINE ADJUSTMENT RECORDED AS DOCUMENT NUMBER 2002-197696, CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
APRIL 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
BASIS OF BEARINGS:

REFERENCES:

JOB NO. 349-056 SHEET OF 14
NOTES:
13 LEGEND

14 SUBDIVISION 9452

COWELL RANCH
CONSISTING OF 14 SHEETS
BEING A SUBDIVISION OF A PORTION OF NEW PARCEL 3 DESCRIBED IN

THAT GRANT DEED TO AFFECTUATE LOT LINE ADJUSTMENT RECORDED AS DOCUMENT NUMBER 2002-197696, CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
APRIL 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
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ROSEVILLE
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JOB NO. 349-056 SHEET OF 14

ADDITIONAL INFORMATION SHEET
NOTES

CITY COUNCIL AGENDA ITEM NO. G.1
04/23/2024
SUBJECT: An Extension of Interim Urgency Ordinance implementing Interim Objective Design Standards for residential housing projects in the City of Brentwood, and finding the action exempt from CEQA DEPARTMENT: Community Development Department
STAFF: Alexis Morris, Director of Community Development Jennifer Hagen, Senior Planner

TITLE/RECOMMENDATION
Approve an extension of the urgency ordinance for a second and final time, for a period of one year, approving Interim Objective Design Standards while the City develops a more robust set of residential design and development standards to ensure that projects deliver high-quality design, appropriate site planning and amenities, and are compatible with surrounding neighborhoods and the community.

FISCAL IMPACT
There is no fiscal impact associated with adopting an extension to the Interim Urgency Ordinance, other than staff time spent preparing it. The cost of the update is included in the adopted 2023/24 – 2027/28 Capital Improvement Program (“CIP”), which includes the Zoning Ordinance Update, CIP Project No. 337-37228 and is funded by the General Fund and SB 2 grant funding.

BACKGROUND
The current Residential Design Guidelines were adopted by the City in 2006 in an effort to articulate the importance of high-quality design that complements and enhances the existing fabric of the community. These guidelines have helped to articulate the community’s desires and ensure that new residential development respects the past while embracing the future and welcoming new residents. Many of the current guidelines however, are subjective and may be argued to contain ambiguous or unclear standards for the review of new development. This has required applicants and decision-makers to interpret terminology such as “desirable qualities,” “compatible design,” or “appropriately sensitive,” which has not always resulted in consistent interpretations over time.

CITY COUNCIL AGENDA ITEM NO. G.1
04/23/2024
Based on the City Council’s direction on January 24, 2023, staff has begun to draft a set of objective design standards for residential development. The intent of this effort is to address recent changes in State law that seek to streamline and increase housing production, focused on making approval processes more routine and predictable for those developing housing. A key component of several of these new laws is increased limitations on discretionary review processes, placing an increased emphasis on objective design and development standards as the primary criteria for project approval or denial. Relevant laws include those adopted as part of the 2017 "housing package" (a series of 15 separate pieces of legislation), including SB 35 that allows "by right" approval of certain housing projects, followed by more recently-passed legislation, notably SB 330, the Housing Crisis Act.

SB 330 placed additional limitations on project review and the application of objective design standards to all multi-family residential units, not just those that are affordable, to further encourage housing production. Specifically, SB 330 amended the Housing Accountability Act to clarify, among other things, that design review must be objective and “strictly focused on assessing compliance with criteria required for streamlined projects, as well as any reasonable objective design standards” (i.e., non-subjective). SB 330 also prohibits cities from adopting new or enforcing design standards established on or after January 1, 2020, that are not objective design standards. Thus, it is important for the City to prepare and adopt appropriate objective standards to continue to implement its design review goals where discretionary review is limited.

While the City continues to work on comprehensive standards, the Interim Objective Design Standards (Interim ODS) adopted by the City Council on June 27, 2023 and extended on August 8, 2023, were developed to provide minimum enforceable standards until comprehensive standards can be implemented. The Interim ODS apply to the following types of projects:
 Single-family and Multi-Family homes if the units require Design Review pursuant to BMC Section 17.820;
 Two-Unit Housing Developments and Urban Lot Splits (SB 9 projects);  Mixed-use projects with 2/3 of the square footage dedicated to residential units; and
 Transitional or supportive housing projects.

NEXT STEPS
This action would extend the urgency ordinance adopted by the City Council on June 27, 2023, and initially extended on August 8, 2023, for a second and final time, for

CITY COUNCIL AGENDA ITEM NO. G.1
04/23/2024
a period of one year. Given that this is the extension of an existing urgency ordinance, no changes may be made to the ordinance at this time; it may only be extended or allowed to expire.

Staff is currently working on reviewing the existing Residential Design Guidelines to be utilized as a base for the future standards in order to continue to respect the past while embracing the future of Brentwood. The City held an initial community meeting on March 27, 2024, in order to provide the public with an overview of what the ODS will potentially look like and gather community input on the architectural preferences for the residential objective design standards. An additional community survey will be distributed in order to gather more input.

Further outreach is anticipated to continue in the summer with initial drafts to be presented to the Land Use and Development Committee (LUD) prior to bringing back comprehensive drafts to the Planning Commission and City Council for review and approval. Adoption of the final ODS is anticipated to be completed by late this year.

The final comprehensive set of objective design standards would be subject to review by both the Planning Commission and City Council. The regular ordinance would then take effect 30 days after adoption and would repeal and replace this urgency ordinance.

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

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

DATE OF NOTICE
The City of Brentwood published a public hearing notice in the Brentwood Press on April 12, 2024. Prior to publication of the agenda report, staff received no public comments.

CITY COUNCIL AGENDA ITEM NO. G.1
04/23/2024

ENVIRONMENTAL DETERMINATION
Adoption of the Interim Urgency Ordinance is exempt, pursuant to CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that there is no possibility that the Project may have a significant impact on the environment.

ALTERNATIVE OPTION(S)

1. Do not approve staff’s recommendation. This would cause the current Interim Objective Design Standards to expire on May 12, 2024, and severely restrict the City’s ability to ensure that new residential projects deliver high-quality design, appropriate site planning, and amenities, and are compatible with surrounding neighborhoods and the community.

2. Modify staff’s recommendation based on City Council direction.

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

ATTACHMENT(S)

1. Previous Action

2. Urgency Ordinance Extension

ATTACHMENT “A”
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, 2006, the City Council approved Residential Design Guidelines in accordance with the City’s General Plan Housing Element.

On February 27, 2018, the City Council adopted Resolution No. 2018-21 to approve the FY 2018/19 and FY 2019/20 City of Brentwood Strategic Plan, including Strategic Initiative 4.1.c, preparation of a comprehensive zoning ordinance update, which has been continued over the past few years into the current Strategic Plan FY 2022/23 – FY 2023/24 Focus Area 4: Land Use Planning, Goal 1: Implement Zoning Ordinance update to maintain compliance with State law, including developing objective design standards (SB 330 compliance). The Zoning Code update included updating the City’s Residential Design Guidelines.

On June 9, 2020, the City Council adopted Resolution No. 2020-73, approving the City’s 2020/21 – 2024/25 Capital Improvement Program (“CIP”), which included the Zoning Ordinance Update, CIP Project No. 337-37228. The project has continued to be carried over and is included in the most recent 2023/24 – 2027/28 CIP.

On January 24, 2023, the City Council provided direction on reinitiating the City’s Zoning Code Update, including a new focused and phased approach that is to be scaled down in size and focused into specific tasks including interim and permanent objective design standards.

On June 27, 2023, the City Council adopted Urgency Ordinance No. 1059, which adopted Interim Objective Design Standards.

On August 8, 2023, the City Council adopted Urgency Ordinance No. 1060, authorizing the first extension of Urgency Ordinance No. 1059 for a period of 10 months and 15 days.

URGENCY ORDINANCE NO. XXXX

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF BRENTWOOD EXTENDING, FOR AN ADDITIONAL PERIOD

OF ONE YEAR, THE INTERIM ORDINANCE ADOPTING

APPENDIX B TO THE CITY OF BRENTWOOD RESIDENTIAL

DESIGN GUIDELINES TO IMPLEMENT INTERIM RESIDENTIAL

OBJECTIVE DESIGN STANDARDS, AND FINDING THE ACTION

EXEMPT FROM CEQA
WHEREAS, on October 9, 2019, California Governor Gavin Newsom signed into law Senate Bill (SB) 330, establishing the Housing Crisis Act of 2019, which took effect on January 1, 2020; and
WHEREAS, SB 330 prevents jurisdictions from imposing or enforcing new design standards on housing projects that are not “objective” in accordance with Government Code § 66300(b)(1)(C); and
WHEREAS, on September 29, 2022, California Governor Gavin Newsom signed into law Senate Bill (SB) 6 and Assembly Bill (AB) 2011, allowing residential development on sites currently zoned and designated for commercial or retail uses if specified criteria are met, which will take effect on July 1, 2023; and WHEREAS, the City of Brentwood requires new development to take place in a regulated, orderly manner (see, for example, Brentwood General Plan Land Use Policy LU 1-4, which provides “require new development to occur in a logical and orderly manner, focusing growth on infill locations and areas designated for urbanization on the Land Use Map (Figure LU-1), and be subject to the ability to provide urban services, including paying for any needed extension of services”); and WHEREAS, the City of Brentwood likewise requires new development to conform to high standards governing architectural and site design (see, for example, Brentwood General Plan Land Use Goal 6, which provides “maintain and enhance the visual quality of Brentwood by promoting the highest standards of architecture and site design for all development projects, both public and private,” as well as Brentwood General Plan Land Use Policy LU 6-4, which provides “apply design standards regulating setbacks, landscaping, screening, and architectural style to new residential development and rehabilitation projects”); and WHEREAS, in order to implement the requirements of SB 330, SB 6, and AB 2011 in a regulated, orderly manner and ensure the application of objective standards by the statutes’ July 1, 2023 effective date, staff prepared an Urgency Ordinance No. 1059; and
WHEREAS, on June 27, 2023, the City Council adopted Urgency Ordinance No. 1059, pursuant to California Government Code section 65858, which authorized interim objective design standards while permanent objective design standards are created and reviewed by the Planning Commission; and
WHEREAS, Government Code section 65858(a) provides that ordinances Attachment 2

Attachment 2

adopted pursuant to its provisions shall expire and be of no further force and effect 45 days after the date of adoption; and
WHEREAS, Government Code section 65858(a) further provides that, prior to the expiration of such urgency ordinances, the City may extend the moratorium for an additional 10 months and 15 days after giving notice of such action pursuant to Government Code section 65090 and conducting a public hearing; and WHEREAS, on August 8, 2023, the City Council held a duly noticed public hearing and adopted Urgency Ordinance No. 1060, pursuant to Government Code section 65858, which authorized the first extension of the moratorium for a period of 10 months and 15 days; and
WHEREAS, Government Code section 65858(a) further provides that, prior to the expiration of the first extension of the urgency ordinance, the City may extend the moratorium for a second and final time, for a period of one year, after giving notice of such action pursuant to Government Code section 65090 and conducting a public hearing; and
WHEREAS, the City desires to extend the Urgency Ordinance for the final oneyear period while permanent objective design standards are completed and reviewed by the Planning Commission and City Council; and
WHEREAS, the City has determined that the Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section §15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the proposed interim objective design standards would have a significant effect on the environment, in that no new policies adopted modify the density of housing and so do not have the potential for causing a reasonably foreseeable direct or indirect change in the physical environment.

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

SECTION 1. That the above recitals and those recitals and findings in the Urgency Ordinance No. 1059, and first extended by Urgency Ordinance 1060, remain true and correct, and are incorporated herein by this reference.

SECTION 2. This Urgency Ordinance was noticed pursuant to Government Code Section 65090 and the City Council conducted a public hearing pursuant to Government Code Section 65858, subdivision (a).

SECTION 3. The interim ordinance adopted by Urgency Ordinance No. 1059, and first extended by Urgency Ordinance 1060, is further extended by this urgency ordinance for a period of one year until April 22, 2025.

SECTION 4. The City Council hereby finds that the ordinance (also referred to as the project):

A. is consistent with the existing General Plan, insomuch as it will subject new

Attachment 2

housing projects to high standards that are objective in nature and which govern architectural and site design per Brentwood General Plan Land Use Goal 6 (“Maintain and enhance the visual quality of Brentwood by promoting the highest standards of architecture and site design for all development projects, both public and private”), as well as Brentwood General Plan Land Use Policy LU 6-4 (“Apply design standards regulating setbacks, landscaping, screening, and architectural style to new residential development and rehabilitation projects”). In addition, the project expresses the housing design features the City desires to encourage and thus implements the General Plan Housing Element Action Program H.1.g (“Continue implementation of the City’s approved Residential Design Guidelines and encourage a variety of housing types to continue to provide safe, sound, and attractive for units all residents. The intent of these guidelines is to express the housing design features the City would like to encourage in order to improve certainty and to minimize the processing time for design review applications. The City will also review the Residential Design Guidelines for subjective language and adopt modifications to promote objectivity – as of January 24, 2023, the City Council has approved to create objective standards for all residential uses by the end of 2023”); and
B. will require new housing projects to take place in a regulated, orderly manner per Brentwood General Plan Land Use Policy LU 1-4 (“Require new development to occur in a logical and orderly manner, focusing growth on infill locations and areas designated for urbanization on the Land Use Map (Figure LU-1), and be subject to the ability to provide urban services, including paying for any needed extension of services”); and
C. will create objective standards for high-quality residential design, as it sets out specific objective architectural and project design standards for superior residential development; and
D. will create objective standards to help the City continue to provide safe, sound, and attractive housing.

Adoption of this Urgency Ordinance extension is thus both appropriate and in the public interest as it implements the direction of the 2014 City of Brentwood General Plan. It is likewise necessary for the immediate preservation of the public peace, health or safety.

SECTION 5. The Appendix B to the Residential Design Guidelines set forth in the attached Exhibit A, which is incorporated herein by reference, is hereby adopted.

SECTION 6. The City Council hereby finds that there is a current and immediate threat to the public health, safety and/or welfare and a need for immediate preservation of the public peace, health, or safety that warrants the adoption of this Urgency Ordinance, given that:

A. SB 330 prevents jurisdictions from imposing or enforcing new design

Attachment 2

standards on housing projects that are not “objective”. The Brentwood Municipal Code and adopted Residential Design Guidelines currently contain very few standards that are “objective” as defined in Government Code Section 66300(b)(1)(C). In order to confirm that new such housing projects will adhere to the General Plan goals and policies set forth above, among other things, it is necessary for the City to adopt objective design standards explicitly guiding such developments prior to the submission of any development applications brought pursuant to new legislation.

B. SB 330 specifically authorizes local agencies to adopt objective zoning, subdivision, and design standards that are objective and consistent with the bill’s provisions and state law, and to adopt an ordinance to implement its provisions. The City seeks to ensure that it has put in place the objective design standards that will apply to any housing project by July 1, 2023 in order to allow for clarity and certainty.

C. The objective design standards contained in this Urgency Ordinance protect the public health, safety, and/or welfare by, among other things:

1. establishing objective criteria for the minimum number of ingress and egress points for subdivisions of varying size, thus assuring emergency vehicle access commensurate with the size of the subdivision (see Objective Design Standard 1.1.A);

2. ensuring adequate distance between dwelling units and accessory buildings on the same parcel, thus facilitating fire access (see Objective Design Standard 2.J);

3. requiring the replacement of any tree 22” or larger in diameter at breast height removed in the course of residential construction, thus safeguarding the preservation of the City’s urban forest, which aids in reducing soil erosion, providing shade, affording wildlife habitat, and increasing property values (see Objective Design Standard 2.G);

4. explicitly permitting the use of durable and fire-resistant alternatives for traditional building materials, thus allowing for the use of materials that offer greater protection against threats such as wildfire.

D. Without Urgency Ordinance No. 1059, and first extended by Urgency Ordinance 1060, and now further extended by this urgency ordinance, the public health, safety, and/or welfare of the city would be endangered, insomuch as the objective standards temporarily put in place through the adoption of the urgency ordinance would terminate, and the permanent objective design standards ordinance currently being drafted by staff is not yet ready for City Council review and approval.

The City Council thus finds that an extension of Urgency Ordinance No. 1059 and 1060 is necessary to allow staff time to complete a permanent ordinance governing objective design standards.

This Urgency Ordinance is thus declared by the City Council to be an urgency measure necessary for the immediate preservation of the public peace, health and safety, adopted per Government Code Section 65858. The facts constituting such urgency are all of those certain facts set forth and referenced in this Urgency

Attachment 2

Ordinance and the entirety of the record before the City Council.

SECTION 7. This Urgency Ordinance will be published in accordance with Government Code Section 36933 by either posting or publishing the Urgency Ordinance in accordance with that law.

SECTION 8. This Urgency Ordinance is adopted by a four-fifths vote of the Brentwood City Council. It shall take effect immediately upon its adoption and remain in effect for one year as provided by Government Code section 65858(a).

THE FOREGOING URGENCY ORDINANCE EXTENSION was adopted at the regular meeting of the Brentwood City Council on the 23rd day of April, 2024, by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

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

Interim Residential Objective Design Standards – Appendix B

APPLICABILITY
This checklist is a user-friendly compilation of all Brentwood Objective Design Standards applicable to projects with residential units. Objective Design Standards are mandatory for housing development projects, defined as projects which use consists of:
 Single family and Multi-Family homes if the units require Design Review pursuant to BMC Section 17.820;  Two-Unit Housing Developments and Urban Lot Splits;
 Mixed-use projects with 2/3 of the square footage dedicated to residential units; and  Transitional or supportive housing projects.

Applicants may seek exceptions or modifications to these standards by electing to process the development application through a discretionary review process. Generally, these standards will apply to all new residential development within the City, as well as qualifying modifications to existing developments. Objective Design Standards are applicable to projects requesting approval pursuant to any provision of state law that references objective design standards (including, but not limited to, the Housing Accountability Act or other provisions of Planning and Zoning Law).

INTENT
These standards establish the priority criteria for how a site, building, landscaping, and other improvements shall be designed. These Standards are intended to provide design professionals, property owners, residents, staff, and decision-makers with a clear and common understanding of the City’s expectations for the planning, design and review of development proposals in Brentwood. These standards are pulled from a variety of sources. Where there is a discrepancy between standards amongst the various documents, the stricter requirement applies.

OTHER REQUIREMENTS
Building Standards, the City’s Public Works/Engineering Division Standard Plans and Specification, and other requirements included in the Municipal Code also apply, though not all are included herein, such as Stormwater Quality requirements.

Attachment 2

1. Single Family Subdivisions
Objective Design Standard

1.1 Subdivision Layout
A
Subdivisions, subdivision phases, streets, and blocks of single-family lots shall be arranged and staged such that no more than twenty-five (25) lots are developed with access from a single public roadway. Development of any additional lots will require construction of additional connecting roadway providing secondary ingress and egress. Twenty-six (26) to seventy-five (75) lots require two (2) access roads; seventy-six (76) to one hundred seventy-five (175) lots require three (3) access roads, and one hundred seventy-six (176) or more lots require four (4) access points.

B
The maximum length of cul-de-sacs shall be six hundred feet (600') and no more than twenty-five (25) single-family residential units shall have access off any individual cul-de-sac.

C
Utility distribution facilities as defined in the BMC are required to be undergrounded within all areas of the City as identified in the Brentwood Municipal Code Section 16.120.120.

D Provide a minimum setback of 30 feet between sound walls and bordering arterial and collector streets.

1.2 Subdivision Landscaping
A
All street trees or parking lot trees must be a minimum of 24-inch box size. In other areas, proposed trees must meet the following standards:

1. 1-14 trees proposed: 50 percent must be 24-inch box size minimum, remainder must be 15 gallon size minimum.

2. More than 14 trees proposed: Of the first 14 trees, seven trees must be 24-inch box size minimum, and the remaining seven trees must be 15 gallon minimum size. Thirty percent of the remaining trees proposed must be 24-inch box size minimum, and the remainder must be 15 gallon size minimum.

B All proposed shrubs except accent, color, or ground cover planting, must be a minimum of 5 gallon size.

C
For detached residential projects, the front setback must maintain a minimum of 50 percent of its surface area as general planting (lawns, shrubs, trees and ground cover). A minimum of one tree must be provided per lot within the front setback, plus 2 additional trees on the side of corner lots D
Landscaping plans must show all obstructions (including street lights, meters, backflow devices, utility covers, and transformers) that affect plant placement and installation limitations.

Attachment 2

1. Single Family Subdivisions
Objective Design Standard
E All street trees must be planted and installed per the City’s Public Works/Engineering Division Standard Plans and Specification.

1.3 Subdivision Architectural Diversity
A Residential projects must provide a minimum of one distinct plan with four distinctive elevations for every 25 units.

B Within single-family developments, at least 50 percent of corner lots must be single-story units.

C
Within single-family developments, at least 50 percent of lots backing up to a Major Arterial street, as identified in the General Plan, must be singlestory.

D Within single-family developments, at least 25 percent of all units must be single-story.

E Within single-family developments, at least 10 percent of all units must have side-loaded or an alternative to a front-facing garage configuration.

F Within single-family developments, no more than 50 percent of the front elevation of a house may consist of garage area.

2. Single-Family, Two-Unit Housing Developments, and Urban Lot Splits Objective Design Standard

2.1 Two-Unit Housing Developments and Urban Lot Splits Development Standards A
If all applicable development standards contained in the single-family residential zone in which the primary dwelling unit is located cannot be met, then the maximum size of a primary dwelling unit is 800 square feet.

B
If all applicable development standards contained in the single-family residential zone in which the primary dwelling unit is located cannot be met, then the maximum height permitted of a primary dwelling unit is one story, not to exceed 15 feet to the highest ridge or top of the structure, including parapet.

Attachment 2

2. Single-Family, Two-Unit Housing Developments, and Urban Lot Splits Objective Design Standard
C
No setback shall be required for an existing primary dwelling unit, or a primary dwelling unit constructed in the same location and to the same dimensions as an existing primary dwelling unit.

D
All primary dwelling units must comply with the minimum front setback standards established for the single-family residential zone in which the unit is located.

E
Each primary dwelling unit constructed as part of a two-unit housing development not within an existing structure or constructed in the same location and to the same dimensions as an existing structure must maintain a minimum of four feet to interior side and rear property lines.

F
All low-rise residential buildings must have a photovoltaic (PV) system meeting the minimum qualification requirements as specified in 2019 California Energy Code Section 150.1(c)(14) Joint Appendix JA11, with annual electrical output equal to or greater than the dwelling's annual electrical usage as determined by Equation 150.1-C: ANNUAL PHOTOVOLTAIC ELECTRICAL OUTPUT kWpv = (CFAxA)/1000+(NDwellxB), and Exceptions 1-5 to Section 150.1(c)(14).

G
If a primary dwelling unit is located in the side or rear yard otherwise established for the zoning district by BMC Chapter 17.100, the maximum height of the portion of a primary dwelling unit located between the four-foot setback line established in BMC Chapter 17.797 and the limit of the rear, side, or street side yard area established by BMC Chapter 17.100 is 15 feet, as measured from the lowest grade adjacent to the structure to the highest ridge or top of the structure, including parapet. If the primary dwelling unit is proposed entirely outside of the rear, side, or street side yard area as established by the zoning district in BMC Chapter 17.100, the maximum height of the unit will be the same as that established by the zoning district, and measured as specified in BMC Chapter 17.100 for primary structures.

H
The upper stories of primary dwelling units must be separated from any structure on adjacent parcels by the following standards:

1. Where both the primary dwelling unit and the structure on the adjacent property are two or more stories, a minimum separation of 10 feet must be provided between the upper stories of the primary dwelling unit and the upper stories of the structure on the adjacent property.

2. Where only the primary dwelling unit is two or more stories and the structure on the adjacent parcel is one-story, a minimum separation of 10 feet must be provided between the upper stories of the primary dwelling unit and the structure on the adjacent property.

3. For the purposes of this section, separation will be measured from the wall of one structure to the wall of the other structure, excluding architectural projections.

Attachment 2

2. Single-Family, Two-Unit Housing Developments, and Urban Lot Splits Objective Design Standard
I
For the purpose of this section, accessory buildings do not include accessory dwelling units. Dwelling units must be separated from accessory buildings on the same parcel, parcels resulting from an urban lot split, or adjacent parcels by a minimum of four feet, except that the distance between a main building or home and an accessory building shall be allowed to be closer than four feet if all of the following conditions are met:

1. These separation requirements would cause the primary dwelling unit to conflict with the minimum setbacks or unit size otherwise allowed by BMC Chapter 17.797.

2. All of the requirements of the Building and Fire Codes are met.

3. If accessory buildings are not located closer than five feet to any side or rear property line.

J
One off-street, covered parking space must be provided per unit, except if the parcel is located: (1) within one-half mile walking distance of either a high-quality transit corridor or a major transit stop; or (2) within one block of a car share vehicle. Transit frequency will be based on the schedule posted by Tri Delta Transit at the time of the issuance of the first “completeness” letter issued by the city following submittal of the application.

Vehicle parking spaces may not: (1) be located within a front, side, or street side yard setback; (2) be a tandem space; or (3) be provided in a driveway. Vehicle parking spaces must meet the minimum dimensions set forth in BMC Chapter 17.620 (‘Off-Street Parking’).

K
Development standards set forth in a planned unit development apply to any two-unit housing development or urban lot split except that any such planned unit development standard cannot be applied if it would either: (1) result in a conflict with standards set forth by state law for a two-unit housing development; or (2) preclude a two-unit housing development that meets the applicable requirements of state law or this chapter.

2.2 Single-Family, Two-Unit Housing Developments, and Urban Lot Splits Architecture A
Primary dwelling units must meet the following standards for roof forms and detailing:

1. A sloped roof are defined as a gable, hip, cross gable roof, or any combination thereof. Mansard roofs are prohibited.

2. Floor areas under sloped roofs are allowed to be designed for habitable use, provided that they comply with floor area maximums.

3. Roofs for primary dwelling units that result from alteration or addition to an existing main structure must match the existing slope, form, and materials of the main structure.

4. Roof material and color must be consistent throughout the entirety of the roof within each new or modified building that is part of the primary dwelling unit. Metal roll and standing seam roofing shall be prohibited, except where their use is documented on existing adjacent structures.

Attachment 2

2. Single-Family, Two-Unit Housing Developments, and Urban Lot Splits Objective Design Standard

5. A minimum of 25 percent of the roof area must include any combination of hip, gable, and/or shed dormers.

6. The roof styles and materials of garages and carports must match the materials and detailing of main and accessory structures.

7. Roofs must include projecting eaves and gable rakes. All roofs must have a minimum twelve-inch eave overhang and shall have a pitch of not less than a four-inch vertical rise for each twelve-inch horizontal run.

B
If a unit has stairs leading to an upper story, the staircase must be fully enclosed within the interior of the primary dwelling unit. A staircase on the exterior of a primary dwelling unit is not permitted.

C
Upper story windows located closer than 25 feet from and facing an existing primary residence on an existing adjacent property must be located to maximize privacy for adjacent properties by using at least one of the following techniques:

1. The sill height must be located a minimum of 60 inches above the finished floor.

2. The location of the window is such that the centerline of the glazing is offset greater than 15 lateral feet from the centerline of any glazing on an existing adjacent primary structure.

3. Any window sash located partially or entirely below 60 inches from the finished floor must consist of frosted or obscured glazing. a) As used in this section, frosted or obscure glazing is glass that is patterned or textured such that objects, shapes, and patterns beyond the glass are not easily distinguishable.
b) As used in this section, the 25-foot measurement shall be measured from the wall of one structure to the wall of the other structure, excluding architectural projections.

D
Fences, walls, and hedges must meet the requirements identified in BMC Chapter 17.630.009, except that chain link, barbed wire, and razor wire fencing are prohibited.

E
Housing units positioned along any street frontage must meet the following requirements:

1. A minimum of one unit on each lot must have the front entry door facing the street.

2. Where the housing development comprises two side-by-side detached units positioned along the street frontage, each unit must have the front entry door facing the street. Corner lots with two or more street frontages must orient the primary dwelling units so that each unit faces a different street.

Attachment 2

2. Single-Family, Two-Unit Housing Developments, and Urban Lot Splits Objective Design Standard

3. Where two units are proposed to be attached and are located on an interior lot, one of the two units must have its front entry door facing the street, and the other unit must have its front entry door on the building side or rear. On a corner lot, it is encouraged, but nor required, for the two front entry doors to respectively face the front and street side. In no case, whether on an interior or a corner lot, may the front entry doors to two attached units be located on the same façade.

4. The floor elevation of the housing unit must be a maximum of twenty-four inches above the finish grade of the lot.

5. Street-facing front entries must be clearly identifiable and connected to the public street by a pedestrian path with a minimum width of four feet.

6. Street-facing entries must provide either a projecting entry with a minimum clear depth of six feet or a porch or patio that is a minimum of seven feet wide and six feet deep. Unroofed porches or patios, with three open sides, may be located no closer than 12 feet from a front property line, may not extend more than eight feet into a required front yard or side yard on the street side of a corner lot, and may not be closer than three feet to an interior side or rear property line, provided that the height, including railings, shall not exceed six feet above the grade of the ground at the property line.

7. Street-facing doors must provide six square feet of glazing through any combination of door glazing, sidelights, or transoms.

8. Provide at least one architectural projection per unit with a minimum size of two feet, six inches deep by fifteen feet wide.

F
Mechanical and utility equipment must be concealed from view of the public right-of-way and must be placed behind a solid side or rear yard fence.

Roof mounted equipment is prohibited.

G
Any tree that is twenty-two inches in diameter at breast height or larger removed for construction of a dwelling unit must be replaced on-site with a twenty-four inch box tree.

H
Front yards and unfenced side yards adjacent to a street shall be landscaped in conformance with the standards set forth in Sections 17.630.008(H) through (N). Landscaping shall be installed within eighteen months of occupancy of that housing unit.

I Refuse containers shall not be located within private driveways or be visible from the public right-of-way.

J
Windows and glazing areas of units must comply with the following:

1. Windows must conform to the following:

Attachment 2

2. Single-Family, Two-Unit Housing Developments, and Urban Lot Splits Objective Design Standard
a) Tinted windows and colored glazing are prohibited.
b) Plastic glazing is prohibited for windows and skylights. c) Simulated mullions are allowed only when mullions are located on both the inside and outside faces of the glazing. d) Windows located in stucco walls must be recessed a minimum of two inches. e) All windows must provide exterior trim with a minimum dimension of ¾-inch deep by 3 inches wide. f) Windows located in wood clad masonry walls must provide surrounding wood trim with a minimum ¾-inch depth and width of 3 inches.

2. Exterior wall planes exceeding 250 square feet in area must provide glazing for 30 percent of the total wall area.

K
Building facades and materials:

1. 100% of all elevations must contain features to provide visual interest through a combination of at least two of the following:
a) Volumetric elements with a minimum projection of 24 inches beyond the plane of the façade with use of window bays, building recesses, or porches with columns.
b) Façade elements with a minimum depth of four inches with the use of window boxes or by offsetting a change in façade material with use of wainscot or water table.
c) 50% of all two-story houses must have a minimum three-foot horizontal plan offset.

2. Primary dwelling units must be composed of durable, quality materials as hereby identified:
a) The following façade materials are prohibited: T-111 and similar plywood siding; corrugated and standing seam metal; and vinyl and plastic siding.
b) All roofing materials must be tile.
c) When stucco is used, it must be used in combination with at least one other wall material, which must comprise at least 20% of the building frontage, excluding windows and railings.

Attachment 2

2. Single-Family, Two-Unit Housing Developments, and Urban Lot Splits Objective Design Standard
d) Durable and fire-resistant alternatives for traditional materials are allowed as follows: fiber cement siding is permitted as a substitution for wood shake, horizontal siding, or board and batten paneling; and cement S-tile roofing is permitted as a substitute for clay tile.

3. Transitions for both material and color must be located at interior corners.

4. All siding material must extend to a maximum of ten inches from the finish grade of the lot.

5. A minimum of two exterior building colors must be used on each unit at the street-facing façade. Primary dwelling units with no street-facing façade must designate a front façade to meet this standard.

L
Primary dwelling units must comply with the following landscaping requirements:

1. Lots with aggregate landscaped area equal to or greater to 2,500 square feet must comply with BMC Section 17.630.010 (‘Adoption of the Model Water Efficient Landscape Ordinance’).

2. Landscaping used to screen views of storage areas, trash enclosures, mechanical or HVAC equipment, irrigation and plumbing equipment, and transformers must be no more than a maximum of 42 inches in height.

M
Primary dwelling units must comply with the following lighting requirements:

1. Applicants must provide the following information for proposed exterior lighting fixtures:
a) Manufacturer cut sheets with Backlight/Uplight/Glare (B.U.G.) rating b) Lighting locations indicated on building or site plans c) Mounting heights for all proposed exterior fixtures. d) Exterior lighting fixtures must provide a maximum B.U.G. rating of B3 U0 G1.

2. Lighting must be recessed or hooded, downward directed, and located to illuminate only the intended area.

3. Lighting must not extend across a property line, including any property lines that result from a proposed urban lot split.

N Garages constructed for units must meet the following standards:

Attachment 2

2. Single-Family, Two-Unit Housing Developments, and Urban Lot Splits Objective Design Standard

1. Front or side-entry attached garages are permitted but must comply with the standards identified in BMC Section 17.100.004 (‘Design criteria – Single-family residence’). An attached, front-entry garage shall be set back at least 4 feet behind the front plane of the structure to which it is attached.

2. Garage doors located in stucco walls must be recessed a minimum of four inches from the surrounding building wall.

3. Garage doors located in wood clad (or similar) siding, or masonry walls must provide surrounding wood trim with a minimum of three inches.

O
Sites containing a septic tank system must provide evidence of a percolation test within the last five years, or if the percolation test has been recertified, within the last ten years.

P
Housing units must comply with applicable Building and Fire Code safety standards such that each structure is sufficient to allow for its separate conveyance.

3. Multi-Family Site Development
Objective Design Standard

3.1 Multi-Family Site Parking, Access and Circulation
A
Where pedestrian circulation crosses vehicular routes, a change in grade materials, textures or colors must be provided to emphasize the conflict point and improve its visibility and safety.

B
Enhanced paving treatment using patterned and/or colored pavers, brick, or decorative colored and scored concrete must be used as follows:

1. Entry Drives - Minimum 12 feet deep across the width of each entry drive.

2. Pedestrian Crossings - Minimum one foot wider than connecting walkways across the length of the intersecting primary and side streets.

C Pedestrian pathways must be separated from automobile circulation routes.

Attachment 2

3. Multi-Family Site Development
Objective Design Standard
D
For multi-family and mixed use developments, the ratio of bicycle parking to auto parking spaces shall be 5% (BMC 17.620.013) and must be located as follows:

1. For mixed-use developments, bicycle parking spaces must be provided within the commercial development in convenient and secure locations within 50-feet of the entrance to the commercial use.

2. Within multi-family developments, bicycle parking spaces must be located within 20’ of a common area, such as laundry facility, lobby, management office, or rec-room.

E Continuous Portland cement concrete curbing and vehicle stall striping must be provided for all parking areas.

F Driveway entrances must provide 10-foot clear behind sidewalk prior to starting the first parking space.

G
Controlled entrances to parking facilities (including gates and doors) must be located a minimum of 20 feet from the back of sidewalk, in order to accommodate one vehicle entering the facility.

H
Except for garage entrances, structured parking must not be visible from the street, or any adjacent public park, publicly accessible outdoor space or designated open space area. The public right-of-way must be lined with residential uses on all levels, except that commercial may be used on the ground floor when allowed by zoning.

I
Structured parking must be designed such that interior lighting shall be fully shielded and automobile headlamps must not be visible from adjacent buildings, parcels, streets, public parks, publicly accessible outdoor space or designated open space area.

J
For multi-family developments, parking shall be provided consistent with BMC Section 17.620. All required guest parking spaces must be located outside of any security gates or other access limitation devices, unless provisions are made to allow a resident to remotely communicate with and provide access to the visiting guest (such as through an intercom and remote control gate, or other similar devices).

K Parking must not be located between the structure frontage and a public sidewalk.

3.2 Multi-Family Site Design
A
Utility distribution facilities as defined in the BMC are required to be undergrounded within all areas of the City as identified in the Brentwood Municipal Code Section 16.120.120.

Attachment 2

3. Multi-Family Site Development
Objective Design Standard
B
Electrical transformers and similar Utility distribution facilities as defined in the BMC must be undergrounded or placed in the rear of the site. If undergrounding is infeasible due to preexisting site conditions such as high water table, the facility must be enclosed within the building or fully screened from view. Screening must use solid materials, such as berming or enclosures rather than reliance on solely on plant materials.

C
Rooftop mechanical and electrical equipment, microwave antennae, or building elements to screen rooftop mechanical and electrical equipment, microwave antennae must be designed as an integral part of the building architecture using the same colors and materials of the main building.

D
Parapets must be provided around the perimeter of a flat roof and must be high enough to screen all rooftop mechanical equipment from visibility from a public area or along the public right-of-way. Parapets must be at least six inches above the tallest rooftop equipment.

E Chain link, barbed wire, and razor wire fencing are prohibited.

F
Trash enclosures must be constructed of sturdy, durable, opaque materials, with trash receptacles screened from view. All enclosures must be consistent with the City’s Solid Waste Plan Guide & Enclosure Standards. Trash enclosures must include adequate, accessible and convenient areas for collecting and loading recyclable materials. Dimensions of the recycling area must accommodate receptacles to meet the recycling needs of the project.

G Areas for collecting and loading recyclable materials must be adjacent to the solid waste collection areas.

H
Exterior light of the building and site must be designed so that light is not directed off the site and the light source is shielded from direct offsite viewing.

3.3 Landscape Design
A
Dense landscaping and/or architectural treatments must be provided to screen views and features of storage areas, trash enclosures, freeway structures, transformers, generators, and other similar elements.

B
Electrical transformers that are installed as part of a new project must be located to the rear of the site or undergrounded. Existing transformers located at the front of the site must be fully screened by landscaping and/or an architectural barrier.

C
Required stormwater treatment facilities can be located in publicly accessible outdoor spaces, but must not be located in private outdoor spaces (shared or private), public rights-of-way, or public access easements. Exceptions include:

Attachment 2

3. Multi-Family Site Development
Objective Design Standard

1. Permeable paving (as defined by applicable stormwater management standards), which can be used in shared or private open space.

2. Landscaped required stormwater treatment planters, which may occupy up to 15% of the shared open space.

D
Landscaping must permit sight distance for motorists and pedestrians entering and exiting a site consistent with the Visibility Requirements within the City’s Public Works/Engineering Division Standard Plans and Specification and may not interfere with circulation patterns.

E
Landscape planting areas must be provided an average of every of thirty feet apart within a surface parking lot to provide visual relief and summer shade. (BMC 17.630)
F
Reinforced Portland cement concrete curbing must be used at the edges of all planters and paving surfaces adjacent to auto circulation or parking areas.

G
Planters and tree wells must have a width of not less than five feet and shall be protected from automobile overhang through the provision of tire stops or other barriers approved by the city. (BMC 17.630) H
Trees must be planted and maintained throughout all surface parking areas to ensure that, within 15 years after establishment of the parking facility, at least 50% of the parking facility will be shaded. All planting, soil volumes, and maintenance must comply with the parking facility tree shading design and maintenance guidelines.

I
All street trees and parking lot trees must be a minimum of 24-inch box size. In other areas proposed trees must meet the following standards:

1. 1-14 trees proposed: 50 percent must be 24-inch box size minimum, remainder must be 15 gallon size minimum.

2. More than 14 trees proposed: Of the first 14 trees, seven trees must be 24-inch box size minimum, and the remaining seven trees must be 15 gallon minimum size. Thirty percent of the remaining trees proposed must be 24-inch box size minimum, and the remainder must be 15 gallon size minimum.

J All proposed shrubs except accent, color, or ground cover planting, must be a minimum of 5 gallon size.

K
Landscaping plans must show all obstructions (including street lights, meters, backflow devices, utility covers, and transformers) that affect plant placement and installation limitations.

L All street trees must be planted and installed per the City’s Public Works/Engineering Division Standard Plans and Specification.

Attachment 2

3. Multi-Family Site Development
Objective Design Standard

3.4 Multi-Family Architecture
A
The primary wall material (the material covering the largest percentage of surface area of any building face or elevation) must be wood, stone, brick, stucco, fiber cement or other cementitious material, or composite wood or stone. T1-11 siding and other siding that use plywood (with the exception of board and batten) are prohibited. Thin layer synthetic stucco products may not be used within 8 feet of ground level unless specially reinforced or located away from pedestrian accessible areas.

B Developments must incorporate a minimum of two building materials on each structure elevation.

C
All vents, gutters, downspouts, flashing, electrical conduits, etc., must be painted to match the color of the adjacent surface, unless being used expressly as a trim or accent element.

D
Soffits and other architectural elements visible to the public but not detailed on the plans must be finished in the same material as other exterior materials used on the building.

E Approved address numbers must be provided so that they are legible to the public from the street fronting the property.

F
Garage doors must be recessed into the garage wall, with a minimum of four inches provided between the face of the garage door and the adjacent primary wall plane, to accentuate shadow patterns and relief.

G
Building facades visible from any street frontage, adjacent public park, publicly accessible outdoor space, or designated open space, may not extend more than 40 feet in length without a five-foot variation in depth in the wall plane utilizing varying setbacks, building entries and recesses, courtyards or structural bays. Major breaks shall be a minimum of 5 feet deep and 10 feet wide, and must extend at least two-thirds of the height of the building. Exceptions include:

1. For buildings with upper stories (above first floor) stepped back at least five feet, the major break need only extend two-thirds of the height of the portion of the front façade that is not stepped back.

H
Buildings greater than two stories must be designed to differentiate a defined base, a middle or body, and a top, cornice, or parapet cap.

Buildings less than two stories must include a defined base and top.

I Rooflines must be vertically articulated at 30-foot minimum intervals along the street frontage through one of the following techniques:

Attachment 2

3. Multi-Family Site Development
Objective Design Standard

1. A change in height of a minimum four feet;

2. A change in roof pitch or form; or

3. The inclusion of dormers, gables, parapets, varying cornices, and/or clerestory windows.

J When a pitched roof is used, all roofing material must be of tile materials.

K
Primary building entrances and associated paths of travel must be visible from the adjacent street with a minimum recess or projection of 48 square feet in area.

L
Within any mixed-use project, any mixed-use building street frontage greater than 150 feet in length must have multiple pedestrian entrances to access the businesses or residences in the building. The maximum distance between building entrances along the same frontage will be no more than 75 feet.

M
Blank walls (facades without doors, windows, or landscaping treatments) must be less than 30 feet in length along sidewalks, pedestrian walks, or publicly accessible outdoor space areas.

N
Storefronts in new mixed-use developments must contain clear openings and windows or a minimum of 60% of the total area of the first floor facades facing sidewalks, pedestrian walks, or publicly accessible outdoor space areas.

O
Structure Height (adjacent to existing residential). The side and rear walls of any structure within 10 feet of a required setback must not be more than two stories higher or lower than the directly adjacent existing residential structure. Structures that exceed this height requirement shall stepback upper floors so that the wall plane does not fall within 10 feet of a required setback adjacent to existing residential.

P
Publicly visible walls more than 20 feet in length along any street frontage or front elevation, or 30 feet along an interior rear or side elevation, must be articulated by at least three of the following features:

1. doors and windows recessed by a minimum of two inches;

2. exterior arcades or other ground floor building recessions that provide sheltered walkways within the building footprint. These features must have a minimum area of 48 square feet;

3. variations in wall plane (projection or recess) by a minimum of two feet in depth;

4. a recessed or projected entry with a minimum area of 24 square feet; or

Attachment 2

3. Multi-Family Site Development
Objective Design Standard

5. vertical elements, such as pilasters, that protrude a minimum of six inches from the wall surface and extend the full height of the structure.

Q
Exterior stairwells may not be oriented to the street. For safety and security, exterior stairwells must be oriented to interior spaces, such as plazas and gathering areas, parking areas, and pedestrian pathways and not be separated from these areas by landscaping, fences, or walls taller than three feet.

R
If the elevation facing a public or private street is longer than 50 feet, no more than 50 percent of a building façade must be on a single plane. An average of a five-foot offset, with a minimum of one foot offset, is required for the remaining 50 percent of the building façade.

S
Elevations not facing a public or private street must have no more than 75 percent of a building façade on a single plane. An average of a five-foot offset, with a minimum of one foot offset, is required for the remaining 25 percent of the building façade.

T
Buildings over three stories must provide a ground floor elevation that is distinctive from the upper stories by providing a material change between the first floor and upper floors along at least 75% of the building façade with frontage upon a public or private street, adjacent public park or public open space.

3.5 Useable Open Space – Private and Shared
A
Residential projects must provide and maintain private and shared open space as follows:

1. A minimum of five hundred square feet of usable open space must be provided for each dwelling unit on a lot.

2. A minimum of seventy-five percent of the dwelling units on a lot must be provided with private usable open space as follows:
a. Private usable open space must be directly accessible from the unit served and available only to that unit. b. Ground level private usable open space must have a minimum area of one hundred square feet and a minimum dimension of eight feet, furthermore, no more than fifty percent of that area may be covered by a roof or second story balcony or deck. c. Private usable open space above the ground level must have a minimum area of sixty square feet and a minimum dimension of six feet, furthermore, no more than fifty percent of that area may be covered by a roof, balcony or deck.

Attachment 2

3. Multi-Family Site Development
Objective Design Standard

3. Shared usable open space must be available and accessible to all occupants of the residential project for purposes of active and/or passive outdoor recreation, exclusive of driveways, areas for off-street parking and services, and exclusive of the required front yard setback as follows:
a. A minimum of seventy-five percent of the shared usable open space must be at ground level, the remainder may be located above ground on a balcony or roof deck.
b. Ground level shared usable open space must have a minimum dimension of twelve feet and shall not be covered by any roof, balcony or other such covering.
c. Shared usable open space above ground level must have a minimum dimension of ten feet and minimum area of two hundred square feet, which must be unobstructed and shall not serve as access to any residential unit. A maximum of twenty-five percent of the aboveground level shared open space may be covered.

Usable open space may be provided as a combination of “private” and “shared” outdoor spaces, defined as follows:
• "shared" outdoor space is provided with shared access for all building tenants. This includes courtyards, gardens, play areas, outdoor dining areas, Recreation amenities, rooftop amenities.
• "private" outdoor space is provided with direct access from the dwelling unit which it serves. This includes balconies, private gardens, private yards, terraces, decks, porches.

B
Within the required shared outdoor spaces areas as required in Standard 3.5.A, amenities are required to be provided as follows:

Number of Units in Development Passive Recreation Amenities Active Recreation Amenities 11-30 2 with a minimum area of 300 sq. ft.
total
1 with a minimum area of 500 sq. ft. total
31-60 2 with a minimum area of 400 sq. ft.
total
2 with a minimum area of 800 sq. ft. total

Attachment 2

3. Multi-Family Site Development
Objective Design Standard
Amenity types are defined as follows:

Passive Recreation Amenities. Passive recreation amenities include community gardens, outdoor gathering/seating area, picnic/barbeque area, pet area/dog park, or courtyard/ plaza. Each passive recreation area shall include a minimum seating capacity of one for each 10 units and at least one of the following: trellis, gas fire pit, BBQ, or picnic table Active Outdoor Amenities. Active recreation amenities include playground/tot lots, sport court/field, outdoor fitness area, swimming pool, exercise structure or complex, clubhouse w/kitchen, recreation hall. 61-100 2 with a minimum area of 500 sq. ft.
total
2 with a minimum area of 1,200 sq. ft. total
101+ 2 with a minimum area of 600 sq. ft.
total
2 with a minimum area of 2,000 sq. ft. total
C
Unless located on the rooftop, shared outdoor spaces must be designed to be visible from inside the building, such as windows located at building entrances and/or dwelling unit windows.

D
Up to 15% of the shared outdoor space may be landscaped using required stormwater treatment planters that are contiguous with the common outdoor space.

CITY COUNCIL AGENDA ITEM NO. H.1
04/23/2024
SUBJECT: Extension of Urgency Ordinance and Introduction and Waiver of First Reading of a Permanent Ordinance Implementing a
Modification to the Brentwood Municipal Code to allow PadMounted Transformers within Development Projects.

DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Vatsal Patel, Engineering Manager

TITLE/RECOMMENDATION
(1) Approve an extension of the Interim Urgency Ordinance No. 1072 adopted on March 26, 2024, allowing Permittees to install pad-mounted transformers within development projects while the City monitors the nationwide supply chain issues related to underground transformers, and (2) introduce and waive the first reading of a permanent ordinance to amend Brentwood Municipal Code Section 16.120.120.

Neither the proposed Interim Urgency Ordinance, nor the permanent ordinance, is an action subject to the California Environmental Quality Act (CEQA), as the actions have no potential for resulting in physical change to the environment. (14 Cal. Code.

Regs. § 15358.) Further, adoption of the Urgency Ordinance extension and permanent ordinance are exempt under CEQA because they will not cause a change in any of the physical conditions within the area affected by the ordinances. (14 Cal.

Code Regs. § 15061(b)(3).)

FISCAL IMPACT
There is no anticipated direct fiscal impact as a result of either the proposed extension of the Interim Urgency Ordinance No. 1072, or of the adoption of a permanent ordinance amending BMC Section 16.120.120, to allow residential and commercial development projects that include land subdivision to receive building permits.

There would be a direct fiscal impact to the extent City Council did not extend the Interim Urgency Ordinance or adopt the permanent ordinance, as development projects subject to this requirement will not be able to provide electrical service to future buildings and, therefore, will not be able to receive building permits for the foreseeable future.

CITY COUNCIL AGENDA ITEM NO. H.1
04/23/2024
Should the City Council not extend the Interim Urgency Ordinance or adopt the permanent ordinance, the anticipated collection of $1.7M in near-term fees associated with Engineering and Inspection staff required to administer, review, approve and inspect development projects with subdivisions city-wide would be delayed. As a result, delays in the construction of public and private improvements to support development projects that include land subdivisions would cause a subsequent delay to building permit issuance, impacting FY 2025/26 and beyond. If the extension is not approved, or the permanent ordinance not enacted, future revenue projections for the affected commercial projects are estimated to include a loss of up to $1.5M a year in sales tax, and more for the deferral of anticipated property taxes.

BACKGROUND
The Subdivision Map Act (Government Code Section 66410, et seq.) is a California state law that authorizes local governments, such as city councils, to regulate and control the design and improvement of subdivisions of land. To carry out this power, each local government, including the City of Brentwood, passes its own subdivision ordinance, which sets out the requirements imposed on developers in exchange for the privilege of subdividing their land.

One of these requirements is found in Brentwood Municipal Code (“BMC”) Section

16.120.120(A)(1), which states:

Utility distribution facilities, including, but not limited to, electric, communication, street lighting and advanced technology systems installed in and for the purpose of supplying service to any development, shall be required to be placed underground. "Advanced technology systems" shall be defined as all necessary appurtenances, equipment and facilities required for the provision of Internet, computer, fiber optic, cable television, telephone, and other communication services within the public right-of-way and upon private property. The design, installation, inspection and testing requirements for city acceptance of such system shall meet the minimum requirements as outlined in the city of Brentwood standard plans and specifications as approved by the city engineer. The developer shall also dedicate to the city that portion of the system within the public right-of-way and shall dedicate to the property owner the portion of the system within the private property.

CITY COUNCIL AGENDA ITEM NO. H.1
04/23/2024
As currently written, this includes all Pacific Gas & Electric Company (“PG&E”) electric transformers, which must be placed underground.

Electric distribution transformers serve an important role in converting or stepping down currents from power lines to be rated at 300,000 to 750,000 volts to lower voltages for consumer use, typically just 110 to 250 volts, with higher voltages for commercial and industrial use. Without transformers, residents and businesses will not be able to receive electricity.

Beginning this year, staff has received numerous contacts about the lack of supply and long delays associated with procuring subsurface transformers, which are required by BMC Section 16.120.120, and has been requested to explore possible options to move land use projects forward. The requests have grown such that it is now a consistent message from all developers, and repeated in local/national news that they are unable to obtain subsurface transformers within a reasonable timeframe.

PG&E estimates January 2028 as the earliest availability of subsurface transformers, whereas surface (pad-mounted) transformers are available within 6-9 months after PG&E approval of plans.

On March 26, 2024, the City Council adopted an interim urgency ordinance authorizing the City Engineer to allow pad-mounted transformers for projects applicable to BMC Chapter 16.120.120 with additional screening requirements for residential applications. The Council also discussed the adoption of a permanent ordinance to allow for this process.

NEXT STEPS
This action would (1) extend the interim urgency ordinance adopted by the City Council on March 26, 2024, which expires 45 days after adoption (May 10, 2024), by ten months and fifteen days (February 10, 2025), and (2) introduce and waive the first reading of a permanent ordinance to modify BMC 16.120.120 as set forth in the ordinance. The permanent ordinance differs from the urgency ordinance in that it sets forth more explicit instructions for compliance with screening requirements in residential settings.

Staff will continue to monitor the availability of subsurface transformers and its supply chain issues and return to City Council with an update should supply chain issues resolve prior to February 10, 2025.

CITY COUNCIL AGENDA ITEM NO. H.1
04/23/2024

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Neither the Interim Urgency Ordinance extension, nor the permanent ordinance, is an action subject to the California Environmental Quality Act (CEQA), as the actions have no potential for resulting in physical change to the environment. (14 Cal. Code.

Regs. § 15358.) Further, adoption of the Urgency Ordinance extension and permanent ordinance are exempt under CEQA because they will not cause a change in any of the physical conditions within the area affected by the ordinances. (14 Cal.

Code Regs. § 15061(b)(3).)

ALTERNATIVE OPTION(S)
Alternative Options to the Staff Recommendation:

1. Do not approve staff’s recommendation. Developers will not be able to receive full timely approval of their joint trench plans until underground transformers are available, halting all development until supply issues are resolved, or until separate Planning Commission and City Council consideration is completed (which may not be feasible in all cases).

ATTACHMENT(S)

1. Previous Action

2. Extension of Urgency Ordinance

3. Permanent Ordinance Amending BMC Section 16.120.120

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 March 26, 2024, by Ordinance No. 1072, the City Council adopted an interim urgency ordinance authorizing the City Engineer to allow pad-mounted transformers for projects applicable to BMC Chapter 16.120.120 with additional screening requirements for residential applications.

ORDINANCE NO. ____________

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF BRENTWOOD EXTENDING, FOR A PERIOD OF TEN MONTHS

AND FIFTEEN DAYS, THE INTERIM URGENCY ORDINANCE

AMENDING BRENTWOOD MUNICIPAL CODE SECTION

16.120.120 TO AUTHORIZE THE CITY ENGINEER TO WAIVE

LIMITED UNDERGROUND UTILITY REQUIREMENTS, AND
FINDING THE ACTION EXEMPT FROM CEQA.

WHEREAS, the City of Brentwood (“City”) presently requires development projects that include a land subdivision to install utility distribution facilities, including, but not limited to, electric, communication, street lighting and advanced technology systems installed in and for the purpose of supplying service to any development, to be placed underground as governed by Chapter 16.120.120 of the Brentwood Municipal Code (“BMC”); and
WHEREAS, according to multiple media sources, as well as developer testimonials, the construction industry is currently experiencing a severe shortage of subsurface electric distribution transformers; and
WHEREAS, the causes for this shortage are complex, and include increases in demand for such facilities due to growth in EV charger installation and the use of renewable energy sources, federal investment, storms and political events that have disrupted the global supply chain, the imposition of tariffs on foreign transformers, and the impacts of the COVID pandemic; and
WHEREAS, the lead time for the receipt of subsurface electric distribution transformers may delay the completion of construction projects by years if this requirement continues to be implemented; and
WHEREAS, the City desires to allow currently entitled development projects subject to BMC Chapter 16.120.120 to move forward with construction, while also enacting this interim urgency moratorium on new entitlements for projects with land subdivisions, in order to ensure electricity is available to future homeowners and businesses; and
WHEREAS, this interim urgency moratorium on undergrounding requirements in the city will give the City sufficient time to monitor the supply of subsurface transformers; and
WHEREAS, the City Council of the City of Brentwood is authorized, pursuant to Article 11, Section 7 of the California Constitution, to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and

WHEREAS, California Government Code Section 65858 authorizes the City Council to adopt, by a four-fifths vote and without following the procedures otherwise required for the adoption of a zoning ordinance, an interim urgency ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, planning commission, or planning department is considering, or studying, or intending to study within a reasonable time; and
WHEREAS, on March 26, 2024, the City Council adopted Urgency Ordinance No. 1072, amending Brentwood Municipal Code Section 16.120.120 to authorize the City Engineer to waive limited underground utility requirements and find the act exempt from CEQA; and
WHEREAS, Government Code section 65858(a) further provides that, prior to the expiration of such urgency ordinances, the City may extend the ordinance for a period of an additional 10 months and 15 days; and
WHEREAS, the City desires to extend the Urgency Ordinance for 10 months and 15 days while a permanent ordinance addressing these matters is passed and put into place.

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

SECTION 1. Recitals.

The recitals set forth above are hereby adopted as the findings of the City Council in connection with the adoption of this ordinance. In support of the recitals stated above, the City Council hereby finds and determines that it is necessary to adopt an extension to the interim urgency ordinance to allow pad-mounted transformers for projects applicable to BMC Chapter 16.120.120 with additional screening requirements for residential applications, while City staff continues to monitor the availability of subsurface transformers.

SECTION 2. Urgency Findings.

In addition to the recitals adopted pursuant to Section 1 of this ordinance, the City Council also hereby finds and determines that the continued absence of subsurface transformers nation-wide constitutes an immediate threat to the public health, safety, and welfare.

Specifically, the City Council finds as follows:

A. The proposed extension to the Urgency Ordinance is consistent with the General Plan, insomuch as it will allow for the continued provision of high quality design and installation of electric distribution transfers in new commercial and residential development, thus implementing General Plan Policy ED 6-1 (“Strive for high quality in all types of development.”)

B. The City Council hereby finds that there is a current and immediate threat to the public health, safety and/or welfare and a need for immediate preservation of the public peace, health, or safety that warrants the adoption of this extension to the Urgency Ordinance, given that:

1. The Brentwood Municipal Code does not provide a practical exception for pad-mounted in its regulations governing land subdivisions.

Specifically, to allow pad-mounted transformers would require currently entitled and future projects to request Planning Commission recommendation and City Council approval on an individual basis. In addition, those projects that are subject to processing under the Housing Crisis Act of 2019 (SB 330) are only subject to five hearings. For those projects that do not require City Council approval, or those that have already received approval, adding a further hearing for the limited purpose of issuing a waiver of this type could be infeasible. Additionally, the requirement to form an underground, reimbursement or improvement district would be infeasible for a single commercial property owner or a group of 6-8 single family home owners for each transformer. There would also be an issue due to the uncertainty of the availability of subsurface transformers.

2. The failure to provide a timely mechanism for waiving this requirement, in light of the ongoing shortage of subsurface electric distribution transformers, could imperil the ability of entitled residential projects to complete construction, thereby delaying or perhaps precluding the construction of housing, including needed affordable housing.

3. Many other Cities in Contra Costa County and the Bay Area either allow pad-mounted transformers or provide exceptions under unreasonable or unfeasible circumstances.

C. It is necessary for the City to give staff time to monitor the subsurface transformer availability.

D. The City finds that the extension of an interim allowance for padmounted transformers for projects applicable to BMC Chapter 16.120.120 with additional screening requirements for residential applications is necessary for a further period of 10 months and 15 days.

1. Based on the foregoing, continuing to prohibit pad-mounted transformers would result in a current and immediate threat to the public health, safety, and welfare.

2. An extended period of 10 months and 15 days will permit City staff to undertake an initial investigation of these matters and recommend a course of action to the City Council. These suggestions will likely involve the City amending, repealing, and/or adding certain language to the BMC to address the lack of availability of sub-surface transformers and to provide an allowance for pad-mounted transformers similar to other Cities.

E. Brentwood Municipal Code Section 16.120.120 is therefore hereby amended as set forth in Exhibit ‘A’, attached hereto and incorporated herein, for the duration of this Urgency Ordinance extension. Newly adopted language is underlined.

SECTION 3. This Urgency Ordinance extension will be published in accordance with Government Code Section 36933 by either posting or publishing the Urgency Ordinance in accordance with that law.

SECTION 4. This Urgency Ordinance is adopted by a four-fifths vote of the Brentwood City Council. It shall take effect immediately upon its adoption and remain in effect for 10 months and 15 days as provided by Government Code Section 65858(a). Any further extension of this Urgency Ordinance will require a four-fifths vote of the City Council.

SECTION 5. Ten days prior to the expiration of this extended Urgency Ordinance or any additional extension, the City Council will issue a written report describing the measures taken to alleviate the condition which led to the adoption of this Urgency Ordinance, as required under Government Code Section 65858(d).

THE FOREGOING URGENCY ORDINANCE was adopted by the City Council of the City of Brentwood at a regular meeting held on the 23rd day of April 2024 by the following vote:

EXHIBIT ‘A’

BRENTWOOD MUNICIPAL CODE
TITLE 16 (‘Subdivisions and Land Development’)
§ 16.120.120 Undergrounding—Electric, communication, street lighting and advanced technology systems.

A. General Provisions.

1. Utility distribution facilities, including, but not limited to, electric, communication, street lighting and advanced technology systems installed in and for the purpose of supplying service to any development, shall be required to be placed underground. "Advanced technology systems" shall be defined as all necessary appurtenances, equipment and facilities required for the provision of Internet, computer, fiber optic, cable television, telephone, and other communication services within the public right-of-way and upon private property. The design, installation, inspection and testing requirements for city acceptance of such system shall meet the minimum requirements as outlined in the city of Brentwood standard plans and specifications as approved by the city engineer. The developer shall also dedicate to the city that portion of the system within the public right-of-way and shall dedicate to the property owner the portion of the system within the private property.

2. All existing facilities except transmission facilities either along abutting streets or within a development shall also be underground at the time of development. "Along abutting streets" means on the same side of the abutting street as the property being developed, not the other side of the street.

3. The developer is responsible for complying with all requirements of this subsection, and shall make the necessary arrangements with the utility companies for the installation of such facilities.

4. The city council, following the consideration by the planning commission, may waive undergrounding requirements if unusual topographical, soil or any other unusual problems (such as prolonged supply chain delays) make such underground installations unreasonable or impractical in accordance with the following:
a. If the requirement to underground utilities is waived, the city council may require the recordation of an improvement agreement, requiring the property owner and any subsequent owner of the subject property to join an underground utility assessment district, reimbursement district or similar improvement district, when such a district is formed, and to guarantee participation in such district by posting an improvement bond and recording a lien on subject property.

b. The affected developer or any utility company may submit information supporting a request for such waivers.
c. No waiver shall be granted in any undergrounding district previously established.
d. In the event such a waiver is granted as to a residential development, the developer shall be responsible for installing screening to the satisfaction of the City Engineer.

5. The City Engineer may waive undergrounding requirements as to equipment appurtenant to underground facilities (such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts) if unusual topographical, soil, or any other unusual problems (such as prolonged supply chain delays) make such underground installations unreasonable or impractical in accordance with the following:
a. The affected developer or any utility company may submit information supporting a request for such waiver.
b. In the event such a waiver is granted as to a residential development, the developer shall be responsible for installing screening to the satisfaction of the City Engineer.
c. The City Engineer’s authority to waive such requirement shall sunset on December 31, 2028, unless otherwise amended by the city council.

B. Electric, Communication, Street Lighting and Advanced Technology Systems. All costs of placing existing or new facilities, required to be undergrounded by the developer, shall be paid for by the developer subject to the current California Public Utility Commission rules and regulations.

C. Advanced Technology Systems.

1. The developer shall design, install, test and dedicate to the city two advanced technology system conduits, size to be determined, within the public right-ofway. The developer shall install, in one of the conduits, a fiber optic system designed to serve the subject development for use by the city of Brentwood or one of its licensed franchisee. The fiber optic system shall be installed in accordance with the citywide advance technology master plan and approved by the city engineer. The second conduit shall remain empty and shall be reserved to serve the subject development for the use of a city licensed franchisee not wishing to utilize the city's fiber optic system. Both conduits shall be installed to each lot line. The developer shall bear all design, construction, inspection, and testing costs associated with these underground requirements. Furthermore, the developer shall design, install, test and dedicate to the city all necessary components of the advanced technology system as depicted on the citywide advanced technology master plan.

2. The developer shall design, install, test and dedicate to the property owner two advanced technology system conduits, size to be determined, to connect the public advanced technology system to the individual home or building. The developer shall install, in one of the conduits, a fiber optic system designed to serve the subject property. The fiber optic system shall be installed in accordance with the citywide advance technology master plan and approved by the city engineer. The second conduit shall remain empty and shall be reserved to serve the subject property for the use of a city licensed franchisee not wishing to utilize the city's fiber optic system. The developer shall bear all design, construction, inspection and testing costs associated with these underground requirements.

3. The cable television or advanced technology company franchisee that elects to install facilities in the city's vacant conduit shall provide plans and specifications to the developer and the city of Brentwood. The licensed franchisee shall also inspect the facilities and certify to the city prior to final approval of the development that the cable television facilities or advanced technology systems are properly installed and serviceable. The design and installation shall meet the minimum criteria as outlined in the city of Brentwood standard plans and specifications.
(Ord. 471 § 3, 1990; Ord. 609, 1999)

ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD AMENDING BRENTWOOD MUNICIPAL CODE
SECTION 16.120.120 TO AUTHORIZE THE CITY ENGINEER TO

WAIVE LIMITED UNDERGROUND UTILITY REQUIREMENTS,

FINDING THE ACTION EXEMPT FROM CEQA, AND TERMINATING
URGENCY ORDINANCE NO. .

WHEREAS, the City of Brentwood (“City”) presently requires development projects that include a land subdivision to install utility distribution facilities, including, but not limited to, electric, communication, street lighting and advanced technology systems installed in and for the purpose of supplying service to any development, to be placed underground as governed by Chapter 16.120.120 of the Brentwood Municipal Code (“BMC”); and
WHEREAS, according to multiple media sources, as well as developer testimonials, the construction industry is currently experiencing a severe shortage of subsurface electric distribution transformers; and
WHEREAS, the causes for this shortage are complex, and include increases in demand for such facilities due to growth in EV charger installation and the use of renewable energy sources, federal investment, storms and political events that have disrupted the global supply chain, the imposition of tariffs on foreign transformers, and the impacts of the COVID pandemic; and
WHEREAS, the lead time for the receipt of subsurface electric distribution transformers may delay the completion of construction projects by years if this requirement continues to be implemented; and
WHEREAS, the City Council of the City of Brentwood is authorized, pursuant to Article 11, Section 7 of the California Constitution, to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, on March 26, 2024, the City Council adopted Urgency Ordinance No.1072, amending Brentwood Municipal Code Section 16.120.120 to authorize the City Engineer to waive limited underground utility requirements and find the act exempt from CEQA; and
WHEREAS, on April 23, 2024, the City Council adopted Urgency Ordinance No. , extending Urgency Ordinance No. for a period of an additional 10 months and 15 days; and
WHEREAS, the City desires to enact this ordinance in order to establish enduring requirements with respect to the placement of utilities underground or above ground.

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

SECTION 1. Brentwood Municipal Code is hereby amended to read as provided in Exhibit A, attached hereto and incorporated herein. Deleted language is struckthrough; additional language is underlined.

SECTION 2. This ordinance will be published in accordance with Government Code Section 36933 by either posting or publishing the ordinance in accordance with that law.

SECTION 3. The City Clerk is requested to cause the amended language of Brentwood Municipal Code Section 16.120.120 as quoted in Exhibit A, to be entered in the City of Brentwood Municipal Code.

SECTION 4. If any exhibit, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, the holding will not affect the validity or enforceability of the remaining provisions, and the City Council declares that it would have adopted each provision of this ordinance irrespective of the validity of any other provision.

SECTION 5. 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.

SECTION 6. This ordinance will take effect and be in force 30 days following its adoption, at which time Urgency Ordinance No. shall no longer be in effect.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 23rd day of April 2024 by the following vote:

EXHIBIT ‘A’

BRENTWOOD MUNICIPAL CODE
TITLE 16 (‘Subdivisions and Land Development’)
§ 16.120.120 Undergrounding—Electric, communication, street lighting and advanced technology systems.

A. General Provisions.

1. Utility distribution facilities, including, but not limited to, electric, communication, street lighting and advanced technology systems installed in and for the purpose of supplying service to any development, shall be required to be placed underground. "Advanced technology systems" shall be defined as all necessary appurtenances, equipment and facilities required for the provision of Internet, computer, fiber optic, cable television, telephone, and other communication services within the public right-of-way and upon private property. The design, installation, inspection and testing requirements for city acceptance of such system shall meet the minimum requirements as outlined in the city of Brentwood standard plans and specifications as approved by the city engineer. The developer shall also dedicate to the city that portion of the system within the public right-of-way and shall dedicate to the property owner the portion of the system within the private property.

2. All existing facilities except transmission facilities either along abutting streets or within a development shall also be underground at the time of development. "Along abutting streets" means on the same side of the abutting street as the property being developed, not the other side of the street.

3. The developer is responsible for complying with all requirements of this subsection, and shall make the necessary arrangements with the utility companies for the installation of such facilities.

4. The city council, following the consideration by the planning commission, may waive undergrounding requirements if unusual topographical, soil or any other unusual problems (such as prolonged supply chain delays) make such underground installations unreasonable or impractical in accordance with the following:
a. If the requirement to underground utilities is waived, the city council may require the recordation of an improvement agreement, requiring the property owner and any subsequent owner of the subject property to join an underground utility assessment district, reimbursement district or similar improvement district, when such a district is formed, and to guarantee participation in such district by posting an improvement bond and recording a lien on subject property.

b. The affected developer or any utility company may submit information supporting a request for such waivers.
c. No waiver shall be granted in any undergrounding district previously established.
d. In the event such a waiver is granted as to a residential development, the developer shall be responsible for installing screening consisting of dense landscaping and/or wall(s) with a concrete apron meeting all PG&E requirements on at least three sides of the surface-mounted equipment.

5. The City Engineer may waive undergrounding requirements as to equipment appurtenant to underground facilities (such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts) if unusual topographical, soil, or any other unusual problems (such as prolonged supply chain delays) make such underground installations unreasonable or impractical in accordance with the following:
a. The affected developer or any utility company may submit information supporting a request for such waiver.
b. In the event such a waiver is granted as to a residential development, the developer shall be responsible for installing screening consisting of dense landscaping and/or wall(s) with a concrete apron meeting all PG&E requirements on at least three sides of the surface-mounted equipment. c. The City Engineer’s authority to waive such requirement shall sunset on December 31, 2028, unless otherwise amended by the city council.

B. Electric, Communication, Street Lighting and Advanced Technology Systems. All costs of placing existing or new facilities, required to be undergrounded by the developer, shall be paid for by the developer subject to the current California Public Utility Commission rules and regulations.

C. Advanced Technology Systems.

1. The developer shall design, install, test and dedicate to the city two advanced technology system conduits, size to be determined, within the public right-ofway. The developer shall install, in one of the conduits, a fiber optic system designed to serve the subject development for use by the city of Brentwood or one of its licensed franchisee. The fiber optic system shall be installed in accordance with the citywide advance technology master plan and approved by the city engineer. The second conduit shall remain empty and shall be reserved to serve the subject development for the use of a city licensed franchisee not wishing to utilize the city's fiber optic system. Both conduits shall be installed to each lot line. The developer shall bear all design, construction, inspection, and testing costs associated with these underground requirements. Furthermore, the developer shall design, install, test and

dedicate to the city all necessary components of the advanced technology system as depicted on the citywide advanced technology master plan.

2. The developer shall design, install, test and dedicate to the property owner two advanced technology system conduits, size to be determined, to connect the public advanced technology system to the individual home or building. The developer shall install, in one of the conduits, a fiber optic system designed to serve the subject property. The fiber optic system shall be installed in accordance with the citywide advance technology master plan and approved by the city engineer. The second conduit shall remain empty and shall be reserved to serve the subject property for the use of a city licensed franchisee not wishing to utilize the city's fiber optic system. The developer shall bear all design, construction, inspection and testing costs associated with these underground requirements.

3. The cable television or advanced technology company franchisee that elects to install facilities in the city's vacant conduit shall provide plans and specifications to the developer and the city of Brentwood. The licensed franchisee shall also inspect the facilities and certify to the city prior to final approval of the development that the cable television facilities or advanced technology systems are properly installed and serviceable. The design and installation shall meet the minimum criteria as outlined in the city of Brentwood standard plans and specifications.
(Ord. 471 § 3, 1990; Ord. 609, 1999)

CITY COUNCIL AGENDA ITEM NO. H.1
04/23/2024
SUBJECT: Update of Parks and Recreation Special Event Process, Consideration of Future New Fees for Special Events, and provide direction to staff
DEPARTMENT: Parks and Recreation
STAFF: Bruce Mulder, Director of Parks and Recreation
Thien Nguyen, Recreation Manager
Amanda Chaney, Recreation Supervisor

TITLE/RECOMMENDATION
Receive a staff report as a further update to the City Council’s request for more changes to the Parks and Recreation Special Event permitting process. This report includes staff recommendations for new fees for hosting Special Events and references City Council direction provided at previous City Council meetings held on June 27, 2023, and January 9, 2024. Staff recommends that Council receive this report authorizing the proposed fees to be included for approval in the forthcoming Cost Allocation Plan in FY 24/25.

FISCAL IMPACT
If the staff recommendations in the report for new Special Event fees are authorized to proceed into the Cost Allocation Plan later this summer, the following would occur:
1) The General Fund would continue to absorb the cost of City staff time for review and administration of Special Events estimated to be $61,385.02 (see Attachment 3)
2) General Fund revenues would increase by approximately $6,800 from a new Special Event Street Closure 1-3 Blocks Fee.
3) General Fund revenues would increase by approximately $1,200 from a new Special Event Street Closure 4+ Blocks Fee.
4) Currently, the City absorbs the costs of any cleaning or damage from Special Event permit holders and/or attendees. Depending on the type of cleaning or damage that is needed at the end of a Special Event, the costs are borne by the General Fund and/or Enterprise Funds. Application of a new Refundable Damage and Cleaning Deposit for Special Events would offset some or all of these costs.

CITY COUNCIL AGENDA ITEM NO. H.1
04/23/2024
5) Historically, the General Fund cost of staff involved in Special Events has not been realized or borne by the event holders, although the Cost Allocation Plan provides for reimbursement. Staff is recommending starting the process of requiring part-time staff to facilitate all events and the hourly cost of the staff charged to the Special Event hosts.

With the addition of these new fees to the Special Event Process, staff anticipates an increase in fee waiver/reduction applications received. Per City Council/ Administrative Policy 10-12, eligible organizations could receive up to $5,000 per fiscal year, with requests being considered on a case-by-case basis. For reference, in FY 23/24 year to date, $119,996.63 has been waived for Parks and Recreationrelated fees. This includes several larger waivers that Council approved such as Meals on Wheels Diablo Region ($62,787). In FY 23/24, approximately $4,137 was waived specifically for special events (not including indoor facility rentals or Brentwood Police Department fees).

BACKGROUND
The Brentwood Municipal Code (“BMC”) provides definitions and policy for the regulation and use of parks and recreation facilities to “provide maximum enjoyment in the use of such parks and facilities and reduce disturbance or interference with the use of surrounding areas” (BMC 7.02.080). The BMC, available online at Brentwood, California Municipal Code (qcode.us), also outlines policies on how to obtain a permit, meaning “a written permit for the permitted use or exclusive use of a park, facility, or other city property.” From these policies, the Parks and Recreation Department creates procedures to execute this direction. Special Event applications, requirements, and more information are available online (Special Event Permits | Brentwood, CA (brentwoodca.gov) and/or by contacting the Parks and Recreation Department.

City Council has had multiple discussions and has provided direction to City staff to update the Special Event permitting process (previous actions can be found in Attachment 2).

At the January 9, 2024, City Council meeting, the City Council received an update about Special Events from City Staff and City Council asked staff to return with additional information, which is included in the chart below.

City staff is requesting that the City Council receive this update about Special Events, to provide feedback to City Staff about the new fees that are based on benchmarking with like cities and adopting current damage/cleaning deposit structures for existing

CITY COUNCIL AGENDA ITEM NO. H.1
04/23/2024
facility rentals and would be included in the upcoming Parks and Recreation Cost Allocation Plan report in 2024.

New fees proposed for Council consideration:

More information about the staff-recommended effective dates are below in the section “Recommended Effective Dates and Stakeholder Updates.”

1. Street Closure Fees (Staff recommends effective date of January 1, 2025) Staff suggests implementing fees for Special Event street closures to hold event hosts more accountable when choosing to close a street in Brentwood for their event and recoup some of the costs that the City is incurring on a regular basis for non-City run events. The proposed rates for street closures are based on a tiered structure in line with Council/Administrative Policy 10-5

5.8.2 referencing City of Brentwood facility rental rates. The suggested fee schedule for these closures would be considered new fees that will need to be added to the Cost Allocation Plan. For context, the chart below shows the full cost of small and large street closures, but the recommendation from staff is to charge 29.29% to 31.81% cost recover based on benchmarking and City Council approval of fee ranges from the January 9, 2024 meeting.

Table 1: Street Closure Fees
Extent of Street
Closures
Cost
Recovery
Rate at 100%
Resident Non-Resident
(Resident
+10%)
Commercial
(Resident
+30%)
Non-Profit
(Resident30%)
Small (1-3 Blocks)
NTE 1,300 Feet
$628.80 $200.00 $220.00 $260.00 $140.00
Large (4+ Blocks)
NTE 2,500 Feet
$1365.60 $400.00 $440.00 $520.00 $280.00
*Cost recovery at 100% does not include staff time for administrative review or Special Event Review Team (SERT) time.

2. Refundable Damage and Cleaning Deposit (Staff recommends effective date of July 1, 2024)
To remain consistent with Parks and Recreation facility rentals and to encourage event hosts to return event spaces and surrounding areas clean and damage-free post-event, staff recommends instituting a refundable damage and cleaning deposit for all Special Events. The refundable deposit will be due with the application and application fee in order to secure the desired event space, date, and time, as is consistent with the City’s existing facility rental deposits. The City will retain the deposit until after the event when the money

CITY COUNCIL AGENDA ITEM NO. H.1
04/23/2024
will either be returned to the event host (within 30 days post-event) or retained for damages and cleaning charges the City incurs. Existing facility rental deposits vary with a range of $250 - $500 for events 330 attendees or less.

The suggested deposits for damage and cleaning are new fees that would be added to the City Cost Allocation Plan later for approval. Proposed fees are based on event size and are as follows:

Table 2: Refundable Cleaning/Damage Deposits
Number of Attendees Deposit
500 or Less $500.00
501+ $1000.00

3. Part-Time Staff Costs (Staff recommends effective date of January 1, 2025) In addition, the staff recommends requiring part-time staff to facilitate all Special Events to assist in oversight on behalf of the City and to ensure proper documentation is kept in order to return or retain refundable damage and cleaning deposits. In 2023, the Parks and Recreation Department piloted assigning part-time staff to special events, but due to a shortage in staffing, was not able to staff all events. Overall, there were many benefits in having staff onsite as a City liaison to the event. Staff also had the ability to oversee the parking garage and parking capacity (closing the garage when appropriate to alleviate more cars entering the lot and reducing frustration and risk when the garage was at full capacity). The number of part-time staff per event will be assigned by the Recreation Supervisor overseeing special events based on size, type of event, footprint, number of attendees, and so forth, in consultation with the City SERT Team. One of the goals in implementing this fee is to provide coverage service for the parking garage and at least one City staff member to be available for event assistance. Staff will need to do a recruitment of part-time staff in order to staff these events. Staff is proposing that part-time staff costs be passed through to the special event hosts. The part-time staff wages are in the approved Cost Allocation Plan (Step E + Overhead).

Table 3: Part-Time Staff Costs
Employee Type Hourly Rate + Benefits
Part-Time Staff Currently $29.37/hr.

CITY COUNCIL AGENDA ITEM NO. H.1
04/23/2024
Recommended Effective Dates and Stakeholder Updates
Staff is recommending delayed effective dates of instituting new fees to allow for special event hosts to plan and adjust their budgets with proper notice. In addition, approximately 75% of the City’s “normal” recurring external special events have already been booked for 2024. Events that have already been booked for 2024 will not incur the newly proposed fees, and only events booked after July 1, 2024, will incur the refundable damage and cleaning deposit. All events would be subject to all new fees January 1, 2025.

Prior to this staff report, City staff sent an email to the special event stakeholders with the proposed fees. They were asked for feedback and provided information on the April 23, 2024, City Council meeting and public comment opportunities. Upon adoption of the proposed fees, staff will host an in-person meeting for those stakeholders who hosted a special event in the past two years and provide an update on our new approved fees and any process updates. Information will also be posted on the City’s website and included in the Special Event Application.

In addition to fees, Council advised staff to return to address the following:

Motion Existing Process Staff Recommendation Notes
Street
Closure Fees
No Street Closure
fees exist
currently for event
host. Trash
related fees are
charged through
Solid Waste.
1-3 blocks (Not To Exceed
[“NTE”] 1300 FT) includes
setup & takedown
Resident -$200.00
Non-Resident - $220.00
Commercial - $260.00
Non Profit - $140.00
4+ blocks (NTE 2500 FT)
include setup & takedown
Resident-$400.00
Non-Resident - $440.00
Commercial - $520.00
Non Profit - $280.00
Street Closure fees are based on
length of closure. Fees are tiered
per Finance and Council
Administrative Policy 10-5,
Section 5.8.2.

Part-Time
Staff Costs
No staff fees are
currently incurred
by event host.

Schedule part-time staff to be
the City contact for the day of
the event. Fees assessed is
currently the hourly rate in the
Cost Allocation Plan of Part
Time Staff, Step E + overhead
($29.37/hr per person,
effective Jan 1, 2024)
Part-time staff will be City day of
event contact for Special Events.

The staff will assist with access to
utilities and solid waste bins and
also in the event of an
emergency. In addition, staff will
provide parking garage support
and place ‘parking garage full’
signs when applicable. Staff will
be present post-event to monitor
whether the park and

CITY COUNCIL AGENDA ITEM NO. H.1
04/23/2024
surrounding areas are returned to
its original condition. The amount
and duration of staff scheduled
will be determined by the size and
scale of the event with the
recommendation from the SERT
team.

Create
Exemption
for Street
Closures
N/A 1st option - apply for a fee
waiver if applicable as outlined
in Council Administrative
Policy 10-12 (‘Use of City
Funds’).
2nd option - the Council to
consider "grandfathering"
existing recurring special
events that handle their own
street closures (i.e. Farmers
Market).

Staff can create criteria for an
additional exemption process at
the direction of the Council (i.e.
based on measurements such as
for food event or non-food
events, if events are accepting
EBT or other fund sources, if
events meet a certain percentage
of local business, etc.) If staff is
directed to create this criteria, it
will add another step in the
review and approval process for
Special Event permits. For those
eligible for a fee waiver, staff will
continue to process these
requests as they are submitted in
accordance with current policy. If
Council chooses to “grandfather”
existing re-occurring permits that
handle their own street closures,
this would be consistent with the
implemented street closure fee
suggested, as no additional cost
would be incurred from the City,
given that the applicant has an
approved street closure plan from
the City.

Incentive for
Non-City Park
locations
N/A No fee at this time There is limited ability to host large-scale events at parks other
than City Park and Veteran's
Park. Infrastructure needed such
as restrooms, parking, and
general layout and capacity are
the main concerns. There has
been a natural increase in events
at Veteran's Park with the
monthly black-out dates
instituted for City Park. In
addition, the only Special Event
fee for Veteran’s Park incurred
currently is the picnic areas, so if
event hosts are not renting those,
there are no fees to discount
making this venue an attractive
location as is. Even with
implementation of Street Closure
fees in Downtown Brentwood,

CITY COUNCIL AGENDA ITEM NO. H.1
04/23/2024
events that can be help in
Veteran’s Park would be better
served as the park is available
without the need to close City
Streets.

Work with
LUHSD on
Homecoming
Dates
Conflicted dates in
the past have
been moved.

Staff is working with Special
Event hosts for this
September. For future years, a
hold could be put on dates in
September and October until
the school district publishes
their Homecoming schedules,
but this could negatively
impact the scheduling of
recurring community events,
and is not a request of LUHSD.

Staff has been in communication
with LUHSD for homecoming
dates. Typically special event
hosts book their dates out 12-18
months in advance. The
Homecoming dates for the local
high schools are not typically
available until after the first of the
year. A consideration is that
should the City block off City Park
for all of September/October, the
three weekends that
homecoming falls on could
interfere with a recurring
community events (La Gran
Fiesta, Brewfest, Oktoberfest,
etc.) depending on the dates.

City Staff received a statement
from LUHSD “As far as limiting
access to the park, though we
greatly appreciate it, we also
acknowledge that this picture
tradition was never intended to
be a district-sponsored event. We
acknowledge that the students
may have to plan around events
like the Brewfest and other
events.”
Create a
complaint
process with
potential LUD
referral
Individuals will
issue all
complaints to the
Recreation
Supervisor in
charge of Special
Events.

Individuals will issue all
complaints to the Recreation
Supervisor in charge of Special
Events. All complaints will be
provided to the Parks and
Recreation Director for their
consideration in addressing
the complaint. For event hosts
that received an Economic
Development Grant, Economic
Development will be included
in the conversation and this
information will be provided to
the Land Use Development
Committee (LUD) for
consideration.

Staff is in the process of creating
a post-event survey for special
event hosts to complete. This will
allow staff to keep a record of
stakeholder feedback.

Stakeholder
Updates
Stakeholder
meeting
Staff emailed proposed fees to
stakeholders on March 25,
2024, including information on
Post Council consideration, staff
will host a meeting for
stakeholders to review any new

CITY COUNCIL AGENDA ITEM NO. H.1
04/23/2024
November 8,
2023.
the April 23rd City Council
meeting and opportunities for
public comment.
processes and fees. Information
will be posted on the City of
Brentwood website and be
included in the Special Event
Application.

Unpermitted
event
enforcement
changes in
BMC
Existing BMC

7.02.020
Return to Council later with
suggestions for a BMC

7.02.020 update.

The staff has begun redlining
BMC Section 7.02.020 (‘Special
Event Permits’). Staff will return
at a later date with a fully
redlined ordinance, once updated
Special Event Fees have been
implemented and evaluated.

CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.

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

ENVIRONMENTAL DETERMINATION
Not applicable.

ALTERNATIVE OPTION(S)
Council may adopt staff recommendations or request additional information to return to a future City Council meeting.

ATTACHMENT(S)

1. Attachment 1: Previous Action- Special Events

2. Attachment 2: City Council Direction from January 9, 2024

3. Attachment 3: Special Event Staff Cost

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 August 24, 2010, the City Council adopted Resolution 2010-113, which approved an amendment to the Use of City Funds Policy to clarify Policy requirements.

On January 13, 2015, the City Council adopted Resolution 2015-09 to streamline the request process, by removing the insurance requirements given that the rental of City Facilities already has insurance requirements, allowing the different Divisions within the County to each be considered a separate organization for approval purposes, and to revise the approval authority for the fee waivers and/or reduction requests within the Use of City Funds Policy.

On April 26, 2022, the City Council authorized a future agenda item request from Council Member Mendoza for City Council discussion of, and possible direction to staff, related to a policy and procedures for requests from Council Members or organizations they are involved with for grants, partnerships, and requests for anything of value from the City.

On August 9, 2022, the City Council adopted Resolution 2022-101, amending Council/Administrative Policy No. 10-12 (Policy and Procedures for Requests for Use of City Funds), to include an ineligibility period to reapply for City Funds for failure to abide by the rules and procedures set forth in the policy, add a new section to provide limits for City Council members and their families in regards to Donations, Fee Waivers, and/or Fee Reduction requests, and minor revisions for clarity and consistency.

On June 27, 2023, the City Council reviewed and discussed a report about Special Events in Downtown Brentwood. Following discussion, City Council motioned to direct staff to return with an overview with items specifically requested by Council to include, but not limited to:
 Strict compliance to anyone without a permit
 Improving definition of revocation of a permit
 Ability to deny a past permittee if, if they've had a permit revoked  Considering application timelines based upon number of attendees For example 300 attendees/1000 attendees/etc.
 Ensuring a waste management plan is submitted to meet state requirements (AB 939)
 Ensuring that a command post is designated on all plans.  Require crowd control plan and a cleanup plan for each event

Attachment 1
 An explicit security plan.
 Offer incentives for use of locations other than City Park.  Look at existing code that allows for the director to work with the Parks and Rec Commission to establish rules for events
 Consider blackout dates for any new events that have not currently submitted an application.
 Consider working with existing permittees related to competing with businesses that might be located on the streets if they are located directly adjacent to an existing business.
 Properly notify businesses regarding when events are approved and when they will occur so that they can better prepare.
 Consider reduction of the number of farmers markets.
 Work with the school district to ensure no conflicts with homecoming and school sponsored dances.
 Proper notification of street closures to property owners and businesses  Grounds recovery plan and how often events can be held and still maintain the grass at City Park.

On September 12, 2023, the City Council adopted Resolution 2023-113 1) adopting the FY 2023/24 Cost Allocation Plan and Schedule of City Fees; 2) making certain supporting findings, including the inapplicability of the California Environmental Quality Act to these actions; 3) imposing said fees 4) establishing a process for waiving or adjusting certain fees; 5) adding certain new Community Development, Police and Public Works fees; and repealing Resolution 2022-122, which adopted the FY 2022/23 Cost Allocation Plan and Schedule of City Fees.

On January 9, 2024, the City Council reviewed and discussed a report about Special Events in Downtown Brentwood. Following discussion, City Council motioned to direct staff to return with an overview with items specifically requested by Council to include, but not limited to:
 Adopt recommendations of staff outlined in staff report  Develop fees for street closures and procedures for potential exemptions to those charges
 Work with event applications so they have a clear understanding of the updates  Tailor BMC section for additional opportunities for enforcement of unpermitted events
 Incentives for use of other parks
 Work with schools for Homecoming and Prom
 Create a process for complaints or feedback related to the process with potential referral to LUD.
 Tiered fees for trash and street closures

Attachment 2
City Council Directions and Update
Motion Status
Adopt recommendations of staff outlined in staff report Implemented Work with schools for Homecoming and Prom In Progress
Develop fees for street closures and procedures for potential exemptions to those charges
Asking for Council Consideration April
23, 2024
Charge PT staff costs for events Asking for Council Consideration April 23, 2024 (Fees exist already in CAP)
Incentives for use of other parks Asking for Council Consideration April 23, 2024
Create a process for complaints or feedback related to the process with potential referral to LUD.

Asking for Council Consideration April
23, 2024
Tiered fees for trash and street closures Asking for Council Consideration April 23, 2024
Tailor BMC section for additional opportunities for enforcement of unpermitted events
Return to City Council last quarter of
2024 with staff reccomendations
Work with event applications so they have a clear understanding of the updates In Progress

Number of hours (15 min. before/after) Staff Hourly Wage (Step E no benefits,no overhead) Recovery at 100% Recovery at 75% Recovery at 50% Recovery at 25% Resident Rate Non Resident Commerical Non Profit

SERT REVIEW
Recreation Supervisor 0.5 $65.12 $32.56 $24.42 $16.28 $8.14 Engineering Manager 0.5 $104.99 $52.50 $39.37 $26.25 $13.12 Streets Supervisor 0.5 $74.13 $37.07 $27.80 $18.53 $9.27 Streets Senior Maint. Worker 0.5 $56.90 $28.45 $21.34 $14.23 $7.11 Police Lietenant 0.5 $106.72 $53.36 $40.02 $26.68 $13.34 Police Sergeant 0.5 $83.62 $41.81 $31.36 $20.91 $10.45
Solid Waste Supervisor 0.5 $72.00 $36.00 $27.00 $18.00 $9.00 Total review cost for Special Event Review Team (SERT) $281.74 $211.31 $140.87 $70.44 Administrative
2 $65.12 $130.24 $97.68 $65.12 $32.56
EST # Events Annually 149 Events $411.98/ Event for SERT & Administrative Review= $61,385.02 Street Closures
Standard 1-3 blocks Step E, no benefits, no overhead at OT rate 1.5 Senior Street Maint. Worker 4 $85.35 $341.40 $256.05 $170.70 $85.35 Senior Street Maint. Worker 4 $85.35 $341.40 $256.05 $170.70 $85.35 $682.80 $512.10 $341.40 $170.70 $200.00 $220.00 $260.00 $140.00 Parade 4+ blocks
Senior Street Maint. Worker 4 $85.35 $341.40 $256.05 $170.70 $85.35 Senior Street Maint. Worker 4 $85.35 $341.40 $256.05 $170.70 $85.35 Senior Street Maint. Worker 4 $85.35 $341.40 $256.05 $170.70 $85.35 Senior Street Maint. Worker 4 $85.35 $341.40 $256.05 $170.70 $85.35 $1,365.60 $1,024.20 $682.80 $341.40 $400.00 $440.00 $520.00 $280.00 Part-Time Staff $29.37/hr Actual Rate + Benefits in CAP P&R Review (Meeting,
Phone Calls, Paperwork
Prep, Work Orders etc.)
Attachment 3
Actual Cost to City

CITY COUNCIL AGENDA ITEM NO. H.3
04/23/2024
SUBJECT: Memorandum of Understanding between the City and the Downtown Brentwood Coalition for downtown district
programming and management services
DEPARTMENT: City Manager
STAFF: Darin Gale, Assistant City Manager
Abraham Salinas, Senior Analyst

TITLE/RECOMMENDATION
Adopt a Resolution approving a Memorandum of Understanding (MOU) between the City and the Downtown Brentwood Coalition for the delivery of downtown programming and management services for fiscal years 2024/25 and 2025/26 not to exceed $140,000.

FISCAL IMPACT
If the MOU is approved, the annual cost of $70,000 would be included in the draft 2024/25 – 2025/26 General Fund Operating Budget to be presented for City Council Consideration in May of 2024.

BACKGROUND
Over the last decade, Downtown Brentwood has evolved into a vibrant hub of activity, primarily driven by the City’s strategic investments and collaborative efforts. The downtown area now boasts a building occupancy rate of over 95%, attracting thousands annually with its diverse shops, events, and programs.

A significant factor in this success has been due to the City's direct partnership with the Downtown Brentwood Coalition (DBC), initiated through a Memorandum of Understanding (MOU) in 2021. This collaboration has led to high tenant occupancy, the launch of new businesses, increased foot traffic, and high event attendance, with the DBC playing a key role in downtown's revitalization and economic performance.

For detailed insights into the DBC's achievements and ongoing efforts, refer to the January 9, 2024, City Council Staff Report.

CITY COUNCIL AGENDA ITEM NO. H.3
04/23/2024

ANNUAL DOWNTOWN EXPENSES
The City allocates significant annual funding to support downtown businesses. For the fiscal year 2023/24, the estimated cost of primary services provided downtown exceeds $100,000. This amount covers a range of activities and services, detailed below:

Activity/Service Estimated Annual Expense
Street Tree Lighting $50,000
Downtown Banners $15,000
Downtown District Landscape Maintenance $4,800
Trash and Recycling Contract $4,500
Sidewalk Power Washing (twice/year) $10,000
Sublease of 2
nd Street Parking Lot $19,200
Total $103,500
The above list does not included additional programming of funding primarily benefiting the downtown, in the annual Concerts in the Park and the Economic Development Grant programs. Collectively, these activities and services demonstrate the City’s commitment to maintaining a clean, high quality, and pedestrian-friendly downtown environment for both residents and visitors. Moreover, these investments enable the DBC to allocate more time and resources towards supporting businesses, as well as planning and executing successful events and programs. As the DBC expands its capacity and operating budget, opportunities for enhanced collaboration with the City in developing and improving these activities and services in the downtown area may arise.

PROPOSED MEMORANDUM OF UNDERSTANDING
As the current MOU approaches its expiration on June 30, 2024, staff is proposing a new MOU to continue the valuable partnership with the DBC, recommending an annual funding of $70,000 for fiscal years 2024/25 and 2025/26, totaling $140,000.

A two year MOU would be consistent with and follow the City’s current two year budgeting process. The new MOU outlines a clearly defined scope of responsibilities, including administration and programming, fund development, and renovation of the former Women’s Club city facility. Each of these three categories are described below.

CITY COUNCIL AGENDA ITEM NO. H.3
04/23/2024
Administration & Programing: The DBC is responsible for comprehensive organizational management, ensuring legal compliance, financial stewardship, governance, and regular reporting to the City. It also plays a key role in coordinating downtown interests, supporting small businesses, and enhancing community engagement through stakeholder collaboration and programming.

Fund Development: The DBC's financial strategy includes diverse revenuegenerating activities, such as ticketed events, sponsorships, grants, membership programs, and merchandising to ensure a robust financial foundation.

Former Women’s Club Renovation: The former Women’s Club renovation project, approved by the City Council on November 14, 2023, for a 54-month lease, positions the DBC to repurpose the downtown city facility as its primary administrative headquarters. Beyond its administrative function, the project is envisioned to transform the building into a destination tourism office, serving as a central point for visitors and enhancing the downtown’s appeal. As stipulated in the lease agreement, the DBC is required to complete all renovations by December 14, 2025.

The proposed MOU and its comprehensive scope are intended to further support Downtown Brentwood's economic vitality, capitalizing on effective management, dynamic programming, strategic development, and successful project execution. The Draft MOU is included as Attachment 3.

CITY COUNCIL STRATEGIC INITIATIVE
City of Brentwood Strategic Plan FY 2022/2023 – FY 2023/2024, Focus Area 3:

Economic Development, 1.b. Incentivize higher tier, unique business and development to the Brentwood Blvd. and Downtown Areas.

City of Brentwood Strategic Plan FY 2020/2021 – FY 2021/2022, Focus Area 3:

Economic Development, 1.e. Implementation of Downtown Main Street Certification

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

ENVIRONMENTAL DETERMINATION
Not Applicable.

CITY COUNCIL AGENDA ITEM NO. H.3
04/23/2024

ALTERNATIVE OPTION(S)
Alternative Options to the Staff Recommendation:

1. Do not approve staff’s recommendation.

2. Modify staff’s recommendation.

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

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Draft MOU with the DBC

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 14, 2020, the City Council approved the amended City of Brentwood Strategic Plan FY2020/2021 – FY 2021/2022. The plan included Focus Area 3: Economic Development, Implementation of Main Streets, a carry-over of previous City Council Strategic Initiatives from FY 2018/2019 – FY 2019/2020.

On February 9, 2021, the City Council received an update of the Amended City of Brentwood Strategic Plan FY 2020/21 – FY 2021/22 and Funding Deferred Projects Holding List, which included the Implementation of Main Streets Strategic Initiative.

On May 11, 2021, at the Land Use and Development Committee, staff presented the initial concept and potential funding options for Main Street America Accreditation, an executive director and administrative office location for the Downtown Brentwood Coalition.

On May 25, 2021, the City Council held a workshop on the FY 2020/21 – FY 2021/22 Mid-Term Operating Budget, and provided direction to staff to include funding for the Implementation of Main Streets Strategic Initiative in anticipation of final Budget consideration on June 22, 2021.

On June 22, 2021, by Resolution 2021-76, the City Council amended the FY 2020/21 and 2021/22 Operating Budgets, which included $50,000 for the Implementation of Main Streets Strategic Initiative in FY 2021/22 and funding committed for FY 2022/23 and FY 2023/24 in the amount of $140,000 to be reserved in the General Fund at the end of FY 2020/21.

On July 13, 2021, by Resolution 2021-86, The City Council approved and authorized the City Manager or his designee to execute a Memorandum of Understanding between the City of Brentwood and the Downtown Brentwood Coalition for delivery and administration of the Main Street America Accredited Member program for Downtown Brentwood for fiscal years 2021/22, 2022/23 and 2023/24 and approved a City subsidy in fiscal year 2021/22 not to exceed $50,000.

On January 9, 2024, Staff and the Downtown Brentwood Coalition (DBC) provided an update on the Memorandum of Understanding (MOU) between the City and the DBC for delivery and administration of the Main Street America Accredited Member program for Downtown Brentwood for fiscal years 2021/22, 2022/23 and 2023/24, including but not limited to downtown district and downtown events promotion,

destination tourism, downtown area district and membership management. No action was requested of the Council.

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING AND AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO EXECUTE A MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF BRENTWOOD AND

THE DOWNTOWN BRENTWOOD COALITION FOR DOWNTOWN

DISTRICT PROGRAMMING AND MANAGEMENT SERVICES FOR
FISCAL YEARS 2024/25 AND 2025/26 IN A TOTAL NOT TO
EXCEED AMOUNT OF $140,000
WHEREAS, On July 14, 2020, the City Council approved the amended City of Brentwood Strategic Plan FY 2020/2021 - FY 2021/2022. The plan included Focus Area 3: Economic Development, Implementation of Main Streets, a carry-over of previous City Council Strategic Initiatives from FY 2018/2019- FY 2019/2020; and WHEREAS, On February 9, 2021 , the City Council received an update of the Amended City of Brentwood Strategic Plan FY 2020/21 - FY 2021/22 and Funding Deferred Projects Holding List, which included the Implementation of Main Streets Strategic Initiative; and
WHEREAS, On May 11, 2021, at the Land Use and Development Committee, staff presented the initial concept and potential funding options for Main Street America Accreditation, an executive director and administrative office location for the Downtown Brentwood Coalition; and
WHEREAS, On May 25, 2021 , the City Council held a workshop on the FY 2020/21 - FY 2021/22 Mid-Term Operating Budget, and provided direction to staff to include funding for the Implementation of Main Streets Strategic Initiative in anticipation of final Budget consideration on June 22, 2021; and WHEREAS, On June 22, 2021, by Resolution 2021-76, the City Council amended the FY 2020/21 and 2021/22 Operating Budgets, which included $50,000 for the Implementation of Main Streets Strategic Initiative in FY 2021/22 and funding committed for FY 2022/23 and FY 2023/24 in the amount of $140,000 to be reserved in the General Fund at the end of FY 2020/21; and
WHEREAS, On July 13, 2021, by Resolution 2021-86, The City Council approved and authorized the City Manager or his designee to execute a Memorandum of Understanding between the City of Brentwood and the Downtown Brentwood Coalition for delivery and administration of the Main Street America Accredited Member program for Downtown Brentwood for fiscal years 2021/ 22, 2022/ 23 and 2023/ 24 and approved a City subsidy in fiscal year 2021/ 22 not to exceed $50,000; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby resolve as follows: approve and authorize the City Manager

or designee to execute a Memorandum of Understanding between the City of Brentwood and the Downtown Brentwood Coalition for downtown district programming and management services for fiscal years 2024/25 and 2025/26 in a total not to exceed amount of $140,000; and include $70,000 in each fiscal year in the draft 2024/25 – 2025/26 General Fund Operating Budget to be presented for City Council Consideration in May of 2024.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 23rd day of April 2024 by the following vote:

CA\Agreements|2024/009.1
1 MEMORANDUM OF UNDERSTANDING

BETWEEN

DOWNTOWN BRENTWOOD COALITION

AND THE CITY OF BRENTWOOD
This Memorandum of Understanding (“MOU”) is entered this ____ day of _____________ 2024, and effective on July 1, 2024 (“Effective Date”), by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and Downtown Brentwood Coalition, a 501(c)(6) non-profit corporation in the State of California (“Coalition" or “DBC”) (each a Party, and collectively, the “Parties”) for delivery and administration of services including but not limited to the downtown area and downtown events promotion, destination tourism, and Coalition membership management.

RECITALS
A. The Parties have been partnering together since at least 2021, when they entered into their first MOU, to boost essential services that foster the City’s downtown vitality and growth. And, the Parties are entering into this MOU to memorialize each of their rights and obligations, as more specifically identified in the Scope of Services, attached as Exhibit “A.”
B. Downtown Brentwood is the historical commercial and entertainment-focused heart of Brentwood, comprising of the areas generally defined by the City of Brentwood Downtown Specific Plan, and incorporating surrounding commercial development areas and residential neighborhoods that support the economic and cultural vibrancy of the community. (See Downtown Specific Plan Area attached as Exhibit “B,” referred to throughout as “Downtown Brentwood” or “Downtown”).

C. Since 2008, the Coalition, representing a group of Downtown business owners, began the process of advancing Downtown Brentwood as a destination, including promoting the identity and brand of the Downtown area, promoting Downtown’s key attributes, and its members. The Coalition’s membership boundaries are outlined in red on the map attached and incorporated, as Exhibit “C.” D. On July 09, 2013, the Coalition became a mutual benefit corporation with the State of California for the purpose of enhancing economic growth of the Downtown area by focusing on education, promotion, and development of the business community, and those areas of the community affecting businesses.

E. In March 2024, Downtown Brentwood was designated as a Main Street America Accredited Member, which includes meeting rigorous national program performance standards and achieving meaningful revitalization for Downtown.

NOW, THEREFORE, IT IS HEREBY AGREED by the Parties as follows:

1. Responsibilities of the Coalition. Along with the terms and conditions of this MOU, the Coalition agrees to be responsible for and complete those items set forth in the attached Exhibit “A,” Scope of Services, which is incorporated into the MOU by this reference.

CA\Agreements|2024/009.1
2 2. Relationship of the Parties. The Coalition is free from the control and direction of the City, in pursuit of the Coalition’s independent calling, and not as an employee of the City. It is understood that this is a MOU by and between independent contractors and is not intended to, and will not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of independent contractor. Any persons used or hired by the Coalition to provide services under this MOU will not be considered employees of City for any purposes whatsoever.

3. Term. This MOU will commence on the Effective Date and, unless terminated earlier pursuant to this MOU, will terminate June 30, 2026.

4. Payment. For the term of this MOU, the City Council will provide payments as more explicitly outlined in Exhibit “A” in an amount not to exceed $140,000. The Coalition will be responsible for any additional programs, activities, and services not identified in this MOU, or as provided for in Exhibit “A”. The Coalition will invoice City quarterly for the services identified in Exhibit “A”.

5. Indemnity. Coalition will hold harmless, defend and indemnify City, its officers, agents, volunteers and employees from and against any and all claims, demands, costs or liability including attorney fees arising out of or in any way connected with the performance of this MOU, caused in whole or in part by any act or omission of the Coalition, any of its subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except to the extent caused by the active negligence, sole negligence, or willful misconduct of City.

6. Insurance. Coalition will obtain and maintain, at its cost and expense, for the duration of the MOU and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the Services by Coalition or Coalition’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A:VII." This Section 6 will survive the expiration of this MOU.

6.1 Coverages and Limits. Coalition will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager, in consultation with the City Attorney approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Coalition's indemnification obligations under this MOU. City, its officers, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by Coalition pursuant to this MOU are adequate to protect Coalition. The coverage will contain no special limitations on the scope of its protection to the above-designated insureds except for Workers Compensation and errors and omissions insurance.

Coalition will obtain occurrence coverage, excluding Professional Liability, which will be written as claimsmade coverage. If Coalition believes that any required insurance coverage is inadequate, Coalition will obtain such additional insurance coverage, as Coalition deems adequate, at Coalition's sole expense.

6.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this MOU or the general aggregate will be twice the required per occurrence limit.

6.1.2 Automobile Liability. $1,000,000 combined single-limit per accident for bodily injury and property damage.

6.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Coalition has no employees and provides, to City's satisfaction, a declaration stating this.

CA\Agreements|2024/009.1
3 6.2 Endorsements. For Commercial General Liability Insurance, Coalition will ensure that the policies are endorsed to name the City, its officers, agents, volunteers and employees as additional insureds. Prior to City's execution of this MOU, Coalition will furnish, to the satisfaction of the City, certificates of insurance and endorsements.

6.3 Cancellation. Insurance will be in force during the life of the MOU and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent pursuant to the notice provisions of this MOU.

6.4 Failure to Maintain Coverage. If Coalition fails to maintain any of these insurance coverages, then City will have the option to declare Coalition in breach of this MOU, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Coalition is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Coalition or deduct the amount paid from any sums due Coalition under this MOU.

6.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements.

6.6 Primary Coverage. For any claims related to the Services and this MOU, the Coalition’s insurance coverage will be primary insurance with respect to City, its officers, agents, volunteers and employees. Any insurance or self-insurance maintained by City for itself, its officers, agents, volunteers and employees, will be in excess of Coalition’s insurance and not contributory with it.

6.7 Reduction in Coverage/Material Changes. Coalition will notify City in writing pursuant to the notice provisions of this MOU thirty (30) days prior to any reduction in any of the insurance coverage required pursuant to this MOU or any material changes to the respective insurance policies.

6.8 Waiver of Subrogation. The policies shall contain a waiver of subrogation for the benefit of City.

7. Non-discrimination. The Parties will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment.

8. Entire Agreement. This MOU and its Exhibits “A,” “B,” and “C” contain the entire understanding and agreement of the Parties, and all oral or written representations, understandings or agreements are expressly stated in this MOU. In case of a conflict between the terms of this MOU and any Exhibit attached, the terms of this MOU will prevail. No testimony or evidence of any such representations, understandings, or covenants will be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this MOU.

9. Amendments. Changes to the terms and conditions of this MOU will be made only by written amendment signed by the Parties.

10. Notices. All notices with respect to this MOU will be given in writing by first class mail to the Parties, or to such other persons’ addresses or telephone numbers as the Parties may designate in writing from time to time as follows:

City: City of Brentwood
Attention: Abraham Salinas, Senior Analyst
City Manager – Economic Development
150 City Park Way
Brentwood, CA 94513

CA\Agreements|2024/009.1
4 Coalition: Downtown Brentwood Coalition
Attention: Peter Jacoway, Board President
629 First Street, #22
Brentwood, CA 94513
Notice will be deemed effective on the date personally delivered or, if mailed, 3 days after depositing it in the United States Mail. Coalition must notify City within 14 days of any change to its mailing address.

11. Termination. Either Party may terminate this MOU at any time after a discussion and delivery of written notice to the other Party, with such termination effective immediately. In the event of termination of this MOU, any unexpended funds will be returned to the Party that has contributed them.

The Coalition shall relinquish all materials and files related to this MOU and Main Street America to the City upon termination.

12. Assignment. Neither Party will assign any right or obligation pursuant to this MOU without the written consent of the other Party. Any attempted or purported assignment without the written consent of the other Party will be void and of no effect.

13. Third Parties. This MOU does not confer any benefits to any third party.

14. Jurisdiction and Venue. Any action at law or in equity brought under this MOU for the purpose of enforcing a right or rights provided for by this MOU will be tried in a court of competent jurisdiction in the County of Contra Costa, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county.

15. Paragraph Headings. Paragraph headings are used for convenience only and will not be deemed to be a part of such paragraphs and will not be construed to change the meaning of the paragraphs.

16. No Waiver. Waiver by either Party of any default, breach or condition precedent of this MOU will not be construed as a waiver of any other default, breach or condition precedent or of any other right under this MOU.

17. Severability. If any term, provision, covenant, or condition of this MOU is ruled invalid, void, or unenforceable by a court of competent jurisdiction, this MOU will nonetheless remain in full force and effect as to all remaining terms, provisions, covenants, and conditions.

18. Maintenance of Records. Coalition will maintain complete and accurate records with respect to costs incurred under this MOU for forty-two (42) months from the date of execution of the MOU. All records will be clearly identifiable.

19. Signatures.

19.1 Counterparts. This MOU may be executed in two or more counterparts, each of which together will be deemed an original, but all of which together will constitute the same instrument.

19.2 Digital/Electronic Signatures. Using a City-approved method, this MOU may be executed through the use of digital or electronic signatures in accordance with Government Code Section

16.5. The presence of an electronic signature on this MOU will be construed as the Parties’ consent to do business electronically.
[Signatures on the following page.]

CA\Agreements|2024/009.1
5 20. Authority. The individuals executing this MOU represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this MOU on behalf of the respective legal entities of the Parties.

Downtown Brentwood Coalition:

By:

Peter Jacoway,
President
By:

Jim Barnett,
Vice President
City of Brentwood:

By:

Tim Y. Ogden, City Manager
ATTEST:

By:

Margaret Wimberly, City Clerk
APPROVED AS TO FORM:

By:

Katherine Wisinski, Interim City Attorney

CA\Agreements|2024/009.1
6 Exhibit A
Scope of Services
Downtown Brentwood Coalition
July 1, 2024 – June 30, 2026
The Downtown Brentwood Coalition serves as a key partner of the City of Brentwood to boost essential services that foster downtown vitality and growth. Through this partnership, the DBC seeks to improve residents' quality of life, support local businesses, and enhance Downtown Brentwood's attractiveness to visitors. Its wide-ranging efforts focus on meeting the diverse needs of the Downtown community. These services include, but are not limited to, the following activities:

A. Administration of the DBC: DBC staff, Board of Directors, and appointed representatives, are responsible for overseeing all administrative aspects of the organization.

1. Legal and Regulatory Compliance: Maintain compliance with state and federal guidelines. This includes the annual submission of the DBC's Articles of Incorporation and Bylaws to the City.

2. Financial Management: Conduct monthly financial operations and reporting, effective budget tracking, and ensuring adherence to tax obligations and maintaining non-profit status. Noncompliance could result in MOU termination.

3. Governance: Oversee Board elections and conduct meetings in alignment with the DBC Bylaws.

Additionally, the DBC will establish a non-voting ex officio board seat for a staff member from the City of Brentwood, to be included in all board meetings.

4. Membership: Determine and manage annual membership dues, including associated benefits and services, for those members within the DBC boundaries outlined in red in Exhibit “C”.

5. Quarterly and Annual Reporting: Provide quarterly and annual reports to the City, summarizing the following:

A. Administration of the DBC
(i) Financial Reporting – including but not limited to a current balance sheet. (ii) Membership Summary: A description and count of current members alongside the number of new memberships acquired within the reporting period.

B. Operations and Programming
(i) Business Assistance Overview: Summary and list of businesses assisted, services provided, and cumulative time dedicated toward assistance efforts. (ii) Special Event Outcomes and Financial Summary: Summary of special events held during the reporting period describing outcomes, estimated number of attendees/participants and an individual Statement of Revenue and Expenses or similar financial report for each special event.
(iii) Advocacy Efforts Overview: Provide a concise summary of advocacy activities undertaken for Downtown, detailing participation in meetings, presentations made, and letters of support authored to champion Downtown interests.

C. Fund Development
(i) Overview of Fund Development Efforts: Summary of activities conducted towards fund development as described in section C.1-C.5 below.

D. Women’s Club Lease
(i) Summary of progress made towards renovation of the Women’s Club Building.

CA\Agreements|2024/009.1
7 B. Operations and Programming: Coordinate Downtown activities such as leading diverse projects, programs, and events while ensuring effective collaboration with the City, community groups, and other stakeholders.

1. Small Business Support: Offer services including business planning, marketing, permitting assistance, and guidance through City procedures.

2. Special Events Coordination: Strategically plan and execute special events and promotional activities to boost community engagement, tourism, and Downtown economic activity.

3. Advocacy and Representation: Represent Downtown interests in relevant forums, including City meetings and business associations, to ensure that the area’s needs and potential are adequately recognized and supported.

C. Fund Development: Develop a sustainable funding strategy to bolster the DBC’s operational plans, support staff capacity and retention, and enhance the quality and range of services and programming in the Downtown area. Fund Development includes, but is not limited to, the following activities:

1. Ticketed Events: Organize and host a range of ticketed events that not only generate funds but also attract visitors and locals alike. These events can vary from cultural festivals and concerts to educational workshops and networking events, providing valuable experiences that enrich the community.

2. Sponsorships: Build partnerships with local and regional businesses to secure sponsorships for events, programs, or specific projects.

3. Grants: Actively pursue grant opportunities from government entities, foundations, and private organizations. This will involve identifying grants that align with the DBS's objectives, preparing applications, and managing awarded funds to ensure compliance with grant requirements.

4. Membership Program: Develop the DBC’s membership program to offer valuable benefits and services to individuals and businesses in return for their financial support. These programs can include exclusive access to events, discounts at local businesses/suppliers, and opportunities for networking and collaboration.

5. Donations and Fundraising Campaigns: Implement targeted fundraising campaigns to solicit donations from individuals, businesses, and philanthropic organizations. These campaigns can be conducted online, through direct mail, or at special fundraising events, highlighting the DBC’s achievements and future projects to inspire community support.

D. Former Women’s Club Renovations: Following the City Council's November 14, 2023 approval of a 54-month lease (“Lease”), the DBC has obtained the former Women’s Club Building in Downtown to serve as its future headquarters, committing to necessary renovations for functionality and compliance.

This includes ADA upgrades and securing City permits for all changes to align with Brentwood's standards.

The renovations, covering ADA compliance and other improvements, must be completed by December 14, 2025, as per the Lease terms, enabling full utilization of the space by the DBC.

CA\Agreements|2024/009.1
8 E. Payment Schedule:

1. Invoicing/Payment: The DBC will submit invoices to the City on a quarterly basis, detailing the services rendered during the preceding quarter based upon the Scope of Work and included in a quarterly report as described in section A.5.(Quarterly and Annual Reporting). Upon receipt of each invoice with the required quarterly report, payment will be made within thirty (30) calendar days.

An initial payment of $17,500 will be made within thirty (30) calendar days after the Effective Date (July 1, 2024) of this MOU. A quarterly report shall be submitted after the initial reporting period (July 1, 2024 – September 30, 2024) has concluded.

2. Total Compensation: The total compensation will not exceed $70,000 (seventy thousand dollars) per fiscal year for the term of the two-year agreement, for a total not to exceed amount of $140,000 (one hundred forty thousand dollars).

3. Future Funding Considerations: The DBC acknowledges that financial support from the City, as outlined in this MOU, is not guaranteed to extend beyond the expiration of the Term. This understanding necessitates proactive financial planning and exploration of additional funding sources by the DBC to sustain its operations and initiatives in the future.

CA\Agreements|2024/009.1
9 Exhibit B
Downtown Specific Plan Boundary

DOWNTOWN SPECIFIC PLAN AREA

CA\Agreements|2024/009.1
10 Exhibit C
Downtown Brentwood Coalition Membership Boundary
B-2 Downtown Brentwood Coalition Membership Boundary

CITY COUNCIL AGENDA ITEM NO. H.4
04/23/2024
SUBJECT: Creation of the Brentwood Municipal Code Review Committee DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk

TITLE/RECOMMENDATION
Consider the creation of the Brentwood Municipal Code Review Committee, provide direction on the proposed scope, appoint two members of the City Council, set a regular meeting date, and request the Planning Commission appoint one of its members as an advisory member to the committee.

FISCAL IMPACT
There is no fiscal impact associated with the appointment of a Committee. Based on suggestion revisions, staff time and resources will be needed to staff the committee and overtime may be needed based on the meeting time. Additional General Fund obligations may be incurred for outside legal service costs dependent on the nature and scope of proposed Code updates, as well as the cost to update the Municipal Code.

BACKGROUND
On January 23, 2024, the City Council reviewed the City Council committees and committee assignments, as well as those of regional bodies, and made appointments as necessary for the upcoming year.

The City Council forms committees to work on specific issues. They may be one of two types:

Ad-hoc, or temporary, committees: These are used to tackle a single topic in the short-term. They are not subject to the Brown Act if they are (a) constituted of only members of the legislative body that forms it, (b) comprised of less than a quorum of that body, (c) created to address a limited or single purpose within a limited duration, (d) not vested with continuing subject matter jurisdiction over an issue or

CITY COUNCIL AGENDA ITEM NO. H.4
04/23/2024
area, and (e) not subject to a meeting schedule set by formal action of the legislative body.

Standing committees: These are used to do ongoing work on an issue or multiple issues. Standing committees operate according to the same rules as City Council and commission meetings when it comes to the Brown Act. This means agendas are posted in advance, thereby providing meeting notice to the public, and with the public being able to attend the meetings and comment on agenda items. Consistent with prior Council direction, standing committee meetings would be held in the Council Chambers and broadcast via Zoom. As the proposed committee would include a member of the Planning Commission, it would be a standing committee.

At the City Council meeting of March 26, 2024, the City Council, by motion, directed staff to prepare an agenda item to create a standing committee Brentwood Municipal Code Committee, of two Council Members with an advisory member of the Planning Commission, and that the committee be the recommending body on what sections the work should commence with, with meetings to occur bi-annually to occur after a report has been given by staff on updates, with special meetings to be scheduled as needed.

Proposed New Committees
Brentwood Municipal Code Review Committee: The proposed committee will review the City’s municipal code, and make recommendations to staff on updates that may be needed. This committee will meet bi-annually with special meetings as needed.

Staff requests that Council review the committee description, make any edits or revisions, appoint two members of the Council to the committee, set a schedule for the Committee meetings. Staff will schedule an agenda item for the Planning Commission to appoint one of its members as an advisory member to the committee.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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