Agenda packet — Brentwood City Council, October 22, 2024 (part 7 of 7)

Operational Stationary Equipment Data
Modeled Stationary Noise Enclosed Type of Enclosure Noise Rating dB(A) Distance (ft) tor size if noise rating is not availa Hours of Operation (/d) Days of Operation (yr) Reference YES Biogas Membrane Holder Blower #1 No N/A 79 50 5 HP DOL - Ecomembrane 24 365 FHWA Roadway Construction Noise Model YES Biogas Membrane Holder Blower #2 No N/A 79 50 5 HP DOL - Ecomembrane 24 365 FHWA Roadway Construction Noise Model YES Digester Recirculation Pump No N/A 69 3 24 365 Anaergia YES Flare biogas blower No N/A 79 50 40 HP - Aereon CEB 24 365 Anaergia YES Digestate Pump #1 No N/A 80 3 24 365 Anaergia
YES Digestate Pump #2 No N/A 80 3 24 365 Anaergia
YES HSW Feed Pump #1 No N/A 80 3 12 260 Anaergia
YES HSW Grinder #1 No N/A 58 3 12 260 Anaergia
YES HSW Feed Pump #2 No N/A 80 3 12 260 Anaergia
YES HSW Grinder #2 No N/A 58 3 12 260 Anaergia
YES SST #1 No N/A 58 3 8 130 Anaergia
YES SST #2 No N/A 58 3 8 130 Anaergia
YES Polymer Pump #1 No N/A 64 3 8 130 Anaergia
YES Polymer Pump #2 No N/A 64 3 8 130 Anaergia
YES Ferric Chloride Pump No N/A 65 3 24 365 Anaergia
YES WAS Feed Pump #1 No N/A 64 3 8 130 Anaergia
YES WAS Feed Pump #2 No N/A 64 3 8 130 Anaergia
YES Digester Feed Pump #1 No N/A 71 3 24 365 Anaergia
YES Digester Feed Pump #2 No N/A 71 3 24 365 Anaergia
YES Digester Feed Pump #3 No N/A 71 3 24 365 Anaergia
YES Overflow Sump Pump #1 No N/A 81 50 10 HP DOL 1 37 FHWA Roadway Construction Noise Model YES Overflow Sump Pump #2 No N/A 81 50 10 HP DOL 1 37 FHWA Roadway Construction Noise Model YES Biogas Blower #1 Yes Sound Enclosure SPL 73 3 24 365 Anaergia YES Biogas Blower #2 Yes Sound Enclosure SPL 73 3 24 365 Anaergia YES Biogas Air Cooler No N/A 60 3 Anaeriga Integrated Systems 24 365 Anaergia- Chiller YES Condensate Pump No N/A 81 50 Anaeriga Integrated Systems 24 365 FHWA Roadway Construction Noise Model YES Biogas Feed Compressor No N/A 78 50 650 HP - Anaeriga Integrated Sys 24 365 FHWA Roadway Construction Noise Model YES Chiller No N/A 60 3 24 365 Anaergia
YES Buffer Tank & AD Mixers No N/A 70 3 12 365 Anaergia YES AMR Blower (Future) Yes noise enclosure zinc steel powder c 87 3 24 365 Anaergia YES AMR Dosing Pump #1 (Future) No 81 50 Anaeriga Integrated Systems - AM 24 365 FHWA Roadway Construction Noise Model YES AMR Dosing Pump #2 (Future) No 81 50 Anaeriga Integrated Systems - AM 24 365 FHWA Roadway Construction Noise Model YES AMR Recirculation Pump #1 (Future) No 81 50 Anaeriga Integrated Systems - AM 24 365 FHWA Roadway Construction Noise Model YES AMR Recirculation Pump #2 (Future) No 81 50 Anaeriga Integrated Systems - AM 24 365 FHWA Roadway Construction Noise Model YES Diesel Generator Yes Containerized 97 3 1 2 Anaergia Notes: Red text indicates sources or reference distances supplemented from vender-supplied data where data was not available C-28

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PUBLIC WORKS DEPARTMENT
2201 ELKINS Way, Brentwood, CA 94513
Phone 925.516.6000 Fax 925.516.6001
www.brentwoodca.gov

MITIGATED NEGATIVE DECLARATION

REGARDING ENVIRONMENTAL IMPACT

CITY OF BRENTWOOD

SOLID WASTE ORGANICS DIVERSION PROJECT
Adoption Date: October 22, 2024 (City Council Meeting)
NOTICE IS HEREBY GIVEN:

That the project described below has been reviewed pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code 21100, et seq.) and a determination has been made that it will not have a significant impact on the environment.

PROJECT NAME:

SOLID WASTE ORGANICS DIVERSION PROJECT
PROJECT LOCATION:

The project is at the City of Brentwood Wastewater Treatment Plant at 2251 Elkins Way, the City’s Solid Waste Transfer Station at 2301 Elkins Way, and on Cityowned land adjacent to and east of the WWTP, in Contra Costa County, California.

LEAD AGENCY:

City of Brentwood, 2201 Elkins Way, Brentwood, California, 94513, (925) 516-6000 PROJECT APPLICANT:

City of Brentwood, 2201 Elkins Way, Brentwood, California, 94513, (925) 516-6000 DESCRIPTION OF PROJECT:

The City of Brentwood is proposing to construct, operate, and maintain the Solid Waste Organics Diversion Project, consisting of organic waste recovery facilities capable of beneficially reusing organic waste (including the organic fraction of solid waste and wastewater biosolids as defined by Senate Bill 1383 regulations), receiving liquid organic wastes, and producing renewable natural gas and biochar (project). The purpose of the project is to construct, operate, and maintain solid waste organics diversion facilities, which will facilitate the City achieving California’s mandate of diverting 75 percent of organic waste from landfills by 2025. The specific objectives of the project are to (1) divert the City’s organic solid waste and biosolids away from landfill disposal, (2) beneficially reuse organic waste by

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2 producing biochar, and (3) produce biogas to serve as a renewable natural gas supply. The project components are listed below.

1. Expansion of the Solid Waste Transfer Station to accommodate new equipment to separate and prepare organic waste for a new anaerobic digester.

2. Installation of an anaerobic digester and associated infrastructure.

3. Installation of centrifuges, biosolids dryers, and pyrolysis units to process material from the anaerobic digester.

4. Installation of pipelines and an interconnector station to convey renewable natural gas generated by the anaerobic digester to a Pacific Gas & Electric main line.

5. Ancillary facilities related to above project components.

6. Realignment of a paved pedestrian path from Sunset Park to the Marsh Creek trail.

7. Tree removal to accommodate new facilities and pedestrian path realignment.

All project components will occur within 12 acres, primarily within City-owned property adjacent to the east boundary of the Wastewater Treatment Plant footprint, within the Solid Waste Transfer Station footprint, along the public pedestrian path between Elkins Way and Sunset Road on the eastern side of the Sunset Park Athletic Complex, within the parking lot at the southeast corner of the Sunset Park Athletic Complex, and within approximately 900 linear feet of Sunset Road.

FINDINGS
An Initial Study was prepared to assess the project’s potential effects on the environment, and the significance of those effects. Based on the Initial Study, the project would not have any significant effects on the environment once mitigation measures are implemented. This conclusion is supported by the following findings.

1. The Project would have no impact to Agriculture and Forestry Resources; Hazards and Hazardous Materials; Land Use and Planning; Mineral Resources; Population and Housing; Public Services; and Utilities and Service Systems.

2. The Project would have less-than-significant impacts to Aesthetics; Air Quality; Energy; Greenhouse Gas Emissions; Hydrology and Water Quality; Public Services; Recreation; Transportation; and Wildfire.

3. Impacts of the Project would be less than significant with incorporation of the mitigation measures to Biological Resources; Cultural Resources; Geology and Soils; Noise; and Tribal Cultural Resources.

The mitigation measures that the City will implement to avoid or minimize potential environmental impacts are provided below. Implementation of these mitigation

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3 measures would reduce the environmental impacts of the project to a less than significant level.

DOCUMENTATION:

The attached Initial Study documents the reasons to support the above Findings.

MITIGATION MEASURES:

The City will incorporate the following Mitigation Measures into the Project.

Biological Resources
Mitigation Measure BIO-1: General Construction Measures All contractors and equipment operators will be made aware of the ecological values of the site and will be given instructions to comply with all mitigation measures. Construction activities will be limited to a designated work area (including the work corridor and staging areas). The work area will be clearly identified and will be staked and flagged where necessary prior to initiation of construction activities. This will include flagging of riparian and wetland habitats in the vicinity of work areas to ensure their avoidance and protection.

Mitigation Measure BIO-2: Participation in the ECCCHCP
The City will participate in the ECCCHCP for the project to mitigate potential impacts to special-status species or their habitats covered under the ECCCHCP.

This coverage will allow the City to minimize and compensate for potential effects resulting from construction- and operation-related activities associated with the project through implementation of all applicable conservation measures and compensation mechanisms of the ECCCHCP. To compensate for unavoidable project-related effects the City will pay either the applicable fee or dedication of land in lieu of the fee as described in Chapter 9, Funding, and in Brentwood Ordinance number 850.

Surveys will be implemented in accordance with methods described in Section

6.4.3 of the ECCCHCP.

If any ECCCHCP-covered species are found (California tiger salamander, silvery legless lizard, western pond turtle, or giant garter snake), all applicable avoidance

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4 and minimization measures, construction monitoring, conservation measures, and/or mitigation fees of the ECCCHCP will be implemented.

If any special-status species not covered by the ECCCHCP (California horned lizard and San Joaquin whipsnake) are discovered, measures to reduce impacts to lessthan-significant levels would be developed in consultation with CDFW. Protection measures developed in consultation with CDFW could include developing appropriate construction buffers, use of exclusion fencing, and biological monitoring of all initial clearing and grubbing activities.

Mitigation Measure BIO-4: Burrowing Owls
The City will implement pre-construction surveys for burrowing owls or burrows at proposed construction sites with potential habitat in accordance with methods described in Section 6.4.3 of the ECCCHCP.

If the burrowing owls nests or burrows are discovered in the work areas, all applicable avoidance and minimization measures, construction monitoring, conservation measures, and/or mitigation fees for this species in the ECCCHCP will be implemented.

Mitigation Measure BIO-5: Other Special-Status Birds
If construction activities are scheduled to occur between February 15 and September 15, preconstruction surveys will be conducted at proposed construction sites within 30 days prior to any such activities to determine whether any nests of special-status birds are present. A qualified biologist will search within 1,000 feet of sites for raptor nests, and within 250 feet of sites for passerine nests. Biologists will conduct a visual and aural search of the survey area on foot, using binoculars to scan tree tops for the presence of nests.

If any nests are identified, measures to reduce impacts to less-than-significant levels, such as species-specific buffers and nest monitoring, would be developed in consultation with appropriate resource agencies (CDFW and/or USFWS).

Mitigation Measure BIO-6: American Badger
The City will implement pre-construction surveys for American badgers or burrows at proposed construction areas with potential habitat in conjunction with burrowing owl surveys.

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5 appropriate construction buffers, use of exclusion fencing, biological monitoring of all initial clearing and grubbing activities, and species trapping and relocation.

Mitigation Measure BIO-7: Ringtail
The City will implement pre-construction surveys for ringtail and their burrows at proposed construction areas with potential habitat.

If any ringtail or ringtail burrows are found, measures to reduce impacts to lessthan-significant levels would be developed in consultation with CDFW, and/or mitigation fees for this species in the ECCCHCP will be implemented. Protection measures developed in consultation with CDFW would likely be similar to those developed for American badger and could include developing appropriate construction buffers, use of exclusion fencing, biological monitoring of all initial clearing and grubbing activities, and species trapping and relocation.

Cultural Resources
Mitigation Measure CULT-1: Accidental Discovery of Archaeological Resources
In the event that cultural resources are inadvertently discovered during project construction activities, work will be halted within 100 feet of the find and a qualified archaeologist (i.e., an archaeologist that meets the qualifications at 36 CFR Part 61) will be retained to assess its potential significance. In the event that indigenous cultural resources are identified, the consulting Native American Tribes will be notified and both the archaeologist, and a Tribal cultural resource specialist will evaluate the find for potential significance as a cultural resource and Tribal cultural resource. Construction activities may continue in other areas but may not resume in the area of the find until its significance is assessed and it is appropriately treated. If the find is not significant, then no additional cultural resources investigations are necessary and project work may resume in the area of the find. If the find is determined significant then a mitigation plan will be developed in consultation with the City of Brentwood, and the consulting Native American Tribes. The mitigation plan will address the boundaries of the find and will direct efforts to avoid further impacts to the resource. Should the resource not be able to be avoided by project design, additional cultural resources investigations such as data recovery may be warranted and would be determined in consultation with the City of Brentwood, Native American Tribe traditionally and culturally affiliated with the geographic area of the project site, and any other relevant regulatory agencies or interested parties, as appropriate and will be described in the mitigation plan. Best efforts will be taken to protect the cultural character, integrity, and steps will be taken to protect the confidentiality of any identified cultural resources.

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6 Mitigation Measure CULT-2: Accidental Discovery of Human Remains If human remains are inadvertently uncovered during project activities, then the stipulations of State of California Health and Safety Code Section 7050.5 will be followed to treat the discovery. This code section states that the County Coroner must be notified immediately of the discovery of human remains and no further disturbance may occur in the area of the discovery until the County Coroner has made a determination regarding the origin and disposition of the remains pursuant to PRC Section 5097.98. If the human remains are determined to be of Native American origin, the County Coroner will notify the NAHC, who will determine and notify a Most Likely Descendent. There shall be no pictures taken or testing done on Native American human remains. Treatment of the remains will be determined in consultation with the Most Likely Descendent, the City of Brentwood, and appropriate regulatory agencies.

Geology and Soils
Mitigation Measure GEO-1: Accidental Discovery Of Paleontological Resources
Should construction or grading activities result in the discovery of unique paleontological resources (e.g., teeth, bones, fossils), the finds shall be set aside and all excavation activity shall cease within 100 feet of the specific place of discovery until a qualified archaeologist, paleontologist, or historian has assessed the find and, if deemed significant, salvaged the find in a timely manner. The decision to conduct paleontological salvage operations will be determined by the qualified archaeologist, paleontologist, or historian in consultation with City staff.

Work may proceed on other parts of the project while assessment and/or salvage by the qualified archaeologist, paleontologist, or historian is underway. Finds determined significant by the paleontologist shall be conserved and deposited with a recognized repository such as the University of California Museum of Paleontology.

Noise
Mitigation Measure NOISE-1. Reduce Operational (Permanent) Stationary Noise
To ensure that City of Brentwood’s daytime (i.e., 55 dBA Leq) and nighttime (45 dBA Leq) and Contra Costa County’s residential noise limits (i.e., 60 dBA Ldn) are not exceeded, the City shall implement the following measures.

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7 may be recommended include the selection of alternative, quieter equipment options, selection and installation of equipment enclosures, and, or in combination with the aforementioned, construct a solid (i.e., no openings between noise sources and offsite receptors) sound barrier on the eastern boundary of the project site.

Based on the final selection of alternative equipment type, enclosures and barriers, and prior to final installation and operation of equipment, the plan shall be verified by the acoustical professional, using site-specific parameters (equipment sound pressure levels, enclosure transmission loss parameters, individual equipment operational activity hours) to confirm that the daytime and nighttime noise levels adopted by the City of Brentwood and Contra Costa County are not exceeded at any nearby noise-sensitive receptor. Documentation (e.g., noise model inputs, noise reduction recommendations, residual noise levels) shall be prepared and submitted to the City of Brentwood for approval.

FILING LOCATION:

A copy of the Initial Study regarding the environmental effect of the project is on file at City of Brentwood, 2201 Elkins Way, Brentwood, CA 94513.

DETERMINATION:

On the basis of the whole record, including the Initial Study and comments received, the project could have a significant effect on the environment but will not in this case because of incorporation of mitigation measures described above that are by this reference made conditions of project approval. The City Council of the City of Brentwood held a public hearing on October 22, 2024, at 7:00 p.m. and adopted this Mitigated Negative Declaration.
__________________ ____________________________________ Date Casey Wichert, Director of Public Works
City of Brentwood

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1 MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF BRENTWOOD

SOLID WASTE ORGANICS DIVERSION PROJECT
CIP PROJECT NO. 542-54021
Adoption Date: October 22, 2024 (City Council Meeting)
In accordance with Section 15074(d) of the California Environmental Quality Act Guidelines, this Mitigation Monitoring and Reporting Program identifies the mitigation measures for the City of Brentwood’s (City) Solid Waste Organics Diversion Project (Project).

The City’s Director of Public Works will be responsible for ensuring that these mitigation measures are implemented for the Project. This includes ensuring that, where applicable, the appropriate mitigation measures are included in construction contracts and construction specifications and drawings that are prepared for the Project. The City will also be responsible for overseeing field inspections that are conducted (as necessary) on a timely basis to ensure that the specified mitigation measures are being implemented. The construction contractor(s) selected for the Project will be required to implement the specified measures in a timely manner.

The measures shown in Table 1 are to be adopted by the City Council as part of the approval of this Project. Table 1 provides the adopted mitigation measures, including the timing, implementing responsibility, and monitoring responsibility for each measure.

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2 Table 1. Mitigation Measures and Monitoring and Reporting Requirements for the City of Brentwood Solid Waste Organics Diversion Project
Measure Timing
Implementation
Responsibility Implementation Action
Biological Resources
Mitigation Measure BIO-1: General Construction
Measures
All contractors and equipment operators will be made aware of the ecological values of the site and will be given instructions to comply with all mitigation measures. Construction activities will be limited to a designated work area (including the work corridor and staging areas). The work area will be clearly identified and will be staked and flagged where necessary prior to initiation of construction activities. This will include flagging of riparian and wetland habitats in the vicinity of work areas to ensure their avoidance and protection.

Preconstruction;
Construction
City; Construction
Contractors;
Qualified Biologist
(1) City to include the identified
measures in the construction
specifications issued to construction
contractors.
(2) City to retain Qualified Biologist
to prepare and provide ecological
training to construction contractors.
(3) Construction contractors to
implement measures.

Mitigation Measure BIO-2: Participation in the ECCCHCP
The City will participate in the East Contra Costa County Habitat Conservation Plan (ECCCHCP) for the project to
mitigate potential impacts to special-status species or their habitats covered under the ECCCHCP. This coverage will allow the City to minimize and compensate for potential effects resulting from construction- and operation-related activities associated with the project through implementation of all applicable conservation measures and compensation
mechanisms of the ECCCHCP. To compensate for unavoidable project-related effects the City will pay either the applicable fee or dedication of land in lieu of the fee as described in Chapter 9, Funding, and in Brentwood Ordinance number 850.

PreconstructionCity (1) City to obtain ECCCHCP
Certificate of Coverage from City
Planning Division.
(2) City to submit payment for
applicable fees to the East Contra
Costa County Habitat Conservancy.

Mitigation Measure BIO-3: Special-Status Amphibians
and Reptiles
The City will implement pre-construction surveys, as necessary per the ECCCHCP, for California tiger salamander, silvery legless lizard, western pond turtle, California horned lizard, giant garter snake, and San Joaquin whipsnake in the annual, Preconstruction;
Construction
City; Qualified
Biologist
(1) City to retain Qualified Biologist
to conduct pre-construction surveys.
(2) City to retain Qualified Biologist
to conduct construction monitoring
and develop avoidance and
minimization measures, if needed.

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3 Table 1. Mitigation Measures and Monitoring and Reporting Requirements for the City of Brentwood Solid Waste Organics Diversion Project
Measure Timing
Implementation
Responsibility Implementation Action
ruderal grassland habitat associated with the project.

Surveys will be implemented in accordance with methods
described in Section 6.4.3 of the ECCCHCP.

If any ECCCHCP-covered species are found (California tiger salamander, silvery legless lizard, western pond turtle, or giant garter snake), all applicable avoidance and minimization measures, construction monitoring, conservation measures, and/or mitigation fees of the ECCCHCP will be implemented.

If any special-status species not covered by the ECCCHCP (California horned lizard and San Joaquin whipsnake) are discovered, measures to reduce impacts to less-than-significant levels would be developed in consultation with CDFW.

Protection measures developed in consultation with CDFW could include developing appropriate construction buffers, use of exclusion fencing, and biological monitoring of all initial clearing and grubbing activities.
(3) City to include requirement to
implement avoidance and
minimization measures in
construction contracts.

If the burrowing owls nests or burrows are discovered in the work areas, all applicable avoidance and minimization
measures, construction monitoring, conservation measures, and/or mitigation fees for this species in the ECCCHCP will be implemented.

Preconstruction;
Construction
City; Qualified
Biologist
(1) City to retain Qualified Biologist
to conduct pre-construction surveys.
(2) City to retain Qualified Biologist
to conduct construction monitoring
and develop avoidance and
minimization measures, if needed.
(3) City to include requirement to
implement avoidance and
minimization measures in
construction contracts.

Mitigation Measure BIO-5: Other Special-Status Birds
If construction activities are scheduled to occur between February 15 and September 15, preconstruction surveys will be conducted at proposed construction sites within 30 days prior Preconstruction;
Construction
City; Qualified
Biologist
(1) City to retain Qualified Biologist
to conduct pre-construction surveys.
(2) City to retain Qualified Biologist
to conduct construction monitoring

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4 Table 1. Mitigation Measures and Monitoring and Reporting Requirements for the City of Brentwood Solid Waste Organics Diversion Project
Measure Timing
Implementation
Responsibility Implementation Action
to any such activities to determine whether any nests of special-status birds are present. A qualified biologist will search within 1,000 feet of sites for raptor nests, and within 250 feet of sites for passerine nests. Biologists will conduct a visual and aural search of the survey area on foot, using binoculars to scan tree tops for the presence of nests.

If any nests are identified, measures to reduce impacts to lessthan-significant levels, such as species-specific buffers and nest monitoring, would be developed in consultation with
appropriate resource agencies (CDFW and/or USFWS).
and develop avoidance and
minimization measures, if needed.
(3) City to include requirement to
implement avoidance and
minimization measures in
construction contracts.

Mitigation Measure BIO-6: American Badger
The City will implement pre-construction surveys for American badgers or burrows at proposed construction areas with
potential habitat in conjunction with burrowing owl surveys.

If any American badgers or burrows are found, measures to reduce impacts to less-than-significant levels would be developed in consultation with CDFW, and/or mitigation fees for this species in the ECCCHCP will be implemented. Protection measures developed in consultation with CDFW could include developing appropriate construction buffers, use of exclusion fencing, biological monitoring of all initial clearing and grubbing activities, and species trapping and relocation.

Mitigation Measure BIO-7: Ringtail
The City will implement pre-construction surveys for ringtail and their burrows at proposed construction areas with potential habitat.

If any ringtail or ringtail burrows are found, measures to reduce impacts to less-than-significant levels would be developed in consultation with CDFW, and/or mitigation fees for this species in the ECCCHCP will be implemented. Protection Preconstruction;
Construction
City; Qualified
Biologist
(1) City to retain Qualified Biologist
to conduct pre-construction surveys.
(2) City to retain Qualified Biologist
to conduct construction monitoring
and develop avoidance and
minimization measures, if needed.
(3) City to include requirement to
implement avoidance and

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5 Table 1. Mitigation Measures and Monitoring and Reporting Requirements for the City of Brentwood Solid Waste Organics Diversion Project
Measure Timing
Implementation
Responsibility Implementation Action
measures developed in consultation with CDFW would likely be similar to those developed for American badger and could include developing appropriate construction buffers, use of exclusion fencing, biological monitoring of all initial clearing and grubbing activities, and species trapping and relocation. minimization measures in
construction contracts.

Cultural Resources
Mitigation Measure CULT-1: Accidental Discovery of
Archaeological Resources
In the event that cultural resources are inadvertently
discovered during project construction activities, work will be halted within 100 feet of the find and a qualified archaeologist (i.e., an archaeologist that meets the qualifications at 36 CFR Part 61) will be retained to assess its potential significance. In the event that indigenous cultural resources are identified, the consulting Native American Tribes will be notified and both the archaeologist, and a Tribal cultural resource specialist will evaluate the find for potential significance as a cultural resource and Tribal cultural resource. Construction activities may continue in other areas but may not resume in the area of the find until its significance is assessed and it is appropriately treated. If the find is not significant, then no additional cultural resources investigations are necessary and project work may resume in the area of the find. If the find is determined significant then a mitigation plan will be developed in consultation with the City of Brentwood, and the consulting Native American Tribes. The mitigation plan will address the boundaries of the find and will direct efforts to avoid further impacts to the resource. Should the resource not be able to be avoided by project design, additional cultural resources investigations such as data recovery may be warranted and would be determined in consultation with the City of
Brentwood, Native American Tribe traditionally and culturally affiliated with the geographic area of the project site, and any other relevant regulatory agencies or interested parties, as Construction City; Construction
Contractors;
Qualified
Archaeologist
(1) City to include identified
measures in construction contracts.
(2) City to confirm work halted
within required buffer in the event of
inadvertent discovery of cultural
resources.
(3) City to retain Qualified
Archaeologist to oversee
implementation of associated
measures.

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6 Table 1. Mitigation Measures and Monitoring and Reporting Requirements for the City of Brentwood Solid Waste Organics Diversion Project
Measure Timing
Implementation
Responsibility Implementation Action
appropriate and will be described in the mitigation plan. Best efforts will be taken to protect the cultural character, integrity, and steps will be taken to protect the confidentiality of any identified cultural resources.

Mitigation Measure CULT-2: Accidental Discovery of
Human Remains
If human remains are inadvertently uncovered during project activities, then the stipulations of State of California Health and Safety Code Section 7050.5 will be followed to treat the discovery. This code section states that the County Coroner must be notified immediately of the discovery of human
remains and no further disturbance may occur in the area of the discovery until the County Coroner has made a
determination regarding the origin and disposition of the remains pursuant to PRC Section 5097.98. If the human
remains are determined to be of Native American origin, the County Coroner will notify the NAHC, who will determine and notify a Most Likely Descendent. There shall be no pictures taken or testing done on Native American human remains.

Treatment of the remains will be determined in consultation with the Most Likely Descendent, the City of Brentwood, and appropriate regulatory agencies.

Construction City; Construction
Contractors
(1) City to include identified
measures in construction contracts.
(2) City to notify County Coroner in
the event of accidental discovery of
human remains.
(3) City to confirm implementation
of measures based on determination
of County Coroner.

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7 Table 1. Mitigation Measures and Monitoring and Reporting Requirements for the City of Brentwood Solid Waste Organics Diversion Project
Measure Timing
Implementation
Responsibility Implementation Action
Geology and Soils
Mitigation Measure GEO-1: Accidental Discovery Of
Paleontological Resources
Should construction or grading activities result in the discovery of unique paleontological resources (e.g., teeth, bones, fossils), the finds shall be set aside and all excavation activity shall cease within 100 feet of the specific place of discovery until a qualified archaeologist, paleontologist, or historian has assessed the find and, if deemed significant, salvaged the find in a timely manner. The decision to conduct paleontological salvage operations will be determined by the qualified
archaeologist, paleontologist, or historian in consultation with City staff. Work may proceed on other parts of the project while assessment and/or salvage by the qualified archaeologist, paleontologist, or historian is underway. Finds determined significant by the paleontologist shall be conserved and deposited with a recognized repository such as the University of California Museum of Paleontology.

Construction City; Construction
Contractors;
Qualified
Archaeologist
(1) City to include identified
measures in construction contracts.
(2) City to confirm work halted
within required buffer in the event of
accidental discovery of
paleontological resources.
(3) City to retain Qualified
Archaeologist to oversee
implementation of associated
measures.

Noise
Mitigation Measure NOISE-1. Reduce Operational
(Permanent) Stationary Noise
To ensure that City of Brentwood’s daytime (i.e., 55 dBA Leq) and nighttime (45 dBA Leq) and Contra Costa County’s
residential noise limits (i.e., 60 dBA Ldn) are not exceeded, the City shall implement the following measures.

Prior to commencing operation of the proposed anaerobic digester and BDPS, the City of Brentwood shall prepare an operational noise mitigation and monitoring plan, in
consultation with a qualified acoustical engineer. Specific measures that may be recommended include the selection of alternative, quieter equipment options, selection and
Preconstruction;
Construction
City; Construction
Contractor;
Qualified
Acoustical
Engineer
(1) City to include the identified
measures in the construction
specifications issued to construction
contractors.
(2) City to retain Qualified Acoustical
Engineer to assist with noise
mitigation and monitoring plan.
(3) City to ensure project noise
levels do not exceed City of
Brentwood and Contra Costa County
noise standards.

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8 Table 1. Mitigation Measures and Monitoring and Reporting Requirements for the City of Brentwood Solid Waste Organics Diversion Project
Measure Timing
Implementation
Responsibility Implementation Action
installation of equipment enclosures, and, or in combination with the aforementioned, construct a solid (i.e., no openings between noise sources and offsite receptors) sound barrier on the eastern boundary of the project site.

Documentation (e.g., noise model inputs, noise reduction recommendations, residual noise levels) shall be prepared and submitted to the City of Brentwood for approval.

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From: Lisjan Nation <[email protected]>
Sent: Thursday, May 16, 2024 11:50 AM
To: Patel, Vatsal <[email protected]>
Subject: Re: Notification of Consultation Opportunity pursuant to Public Resources Hello,
Thank you for your email. The Tribe is requesting a copy of the CHRIS and EIR for this project, along with the SLF from Native American Heritage Commission and any additional archeological reports. Our physical address is: PO BOX 6487 Oakland CA 94603 or if you would prefer to send them electronically, please send them to this email address. 'Uni (Respectfully),
Francis Ranstead, Tribal Administrative Assistant
Confederated Villages of Lisjan Nation
From: Lisjan Nation <[email protected]>
Sent: Wednesday, August 7, 2024 12:57 PM
To: Patel, Vatsal <[email protected]>
Subject: Re: Notification of Consultation Opportunity pursuant to Public Resources Hi Vatsal,
Thank you for your email. We could not access the CHRIS and SLF. It seems to just be an image of the Box logo. If you can resend a link, that would be great. Can you also please describe the extent of proposed ground disturbance? We have some concerns about the project because of its proximity to Marsh Creek and would like more information.

I am also attaching a list of the Tribe's standard mitigation measures. We only propose Tribal monitoring (measure 1) for certain projects, but we ask that measures 2 and 3 be incorporated into any project within Lisjan territory.
'Uni (Respectfully),
Lucy Gill, Cultural Resource Manager II
Confederated Villages of Lisjan Nation
From: Lisjan Nation <[email protected]>
Sent: Monday, August 12, 2024 7:21 PM
To: Patel, Vatsal <[email protected]>
Cc: Michelle Brown <[email protected]>; Wichert, Casey <[email protected]>
Subject: Re: FW: Notification of Consultation Opportunity pursuant to Public Resources Hi Vatsal,
Thank you very much for sending these along and working to incorporate our comments. We are happy with the second mitigation measure regarding human remains. Regarding the first mitigation measure, we still have a couple of concerns:

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1) This measure sufficiently addresses the unanticipated discovery of cultural resources, but we are concerned that it does not fully address the unanticipated discovery of the separate category of Tribal Cultural Resources. Only Tribal representatives can assess whether a Tribal Cultural Resource is significant, whereas archaeologists can assess whether a cultural resource is significant. Therefore, we ask that the consulting Native American Tribes be notified as soon as an inadvertent discovery is made, so that they can also assess the significance of any Native American cultural resource as a Tribal Cultural Resource. 2) The Confederated Villages of Lisjan Nation does not typically see data recovery excavation as a culturally appropriate mitigation measure for Tribal Cultural Resources. Could you please remove this clause?
One other possibility, if this is preferable, would be to keep the language as it is currently (in the updated version) for unanticipated discovery of cultural resources and include these two additional provisions under a separate mitigation measure specifically for Tribal Cultural Resources.

Thank you so much for working with us to protect our Tribal Cultural Resources. 'Uni (Respectfully),
Lucy Gill, Cultural Resource Manager II
Confederated Villages of Lisjan Nation
On Tue, Aug 13, 2024 at 2:21 PM Patel, Vatsal <[email protected]> wrote:

Lucy,
Please see our final draft of the mitigation measures.

We’ve revised the language as data recovery without including the word excavation.

Unfortunately, this is the best we can do for this project.

We’ve also added the additional language about mitigation plan will be developed in consultation with the City and the consulting Native American Tribes as requested.

Thank you for your understanding.

Vatsal
From: Lisjan Nation <[email protected]>
Sent: Tuesday, August 13, 2024 4:12 PM
To: Patel, Vatsal <[email protected]>
Cc: Michelle Brown <[email protected]>; Wichert, Casey <[email protected]>
Subject: Re: FW: Notification of Consultation Opportunity pursuant to Public Resources Vatsal,
Thank you very much. The Tribe appreciates your work on this matter.

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'Uni (Respectfully),
Lucy Gill, Cultural Resource Manager II
Confederated Villages of Lisjan Nation

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Central Valley Regional Water Quality Control Board
6 September 2024
Casey Wichert
City of Brentwood
2201 Elkins Way
Brentwood, CA 94513
[email protected]

COMMENTS TO REQUEST FOR REVIEW FOR THE MITIGATED NEGATIVE

DECLARATION, SOLID WASTE ORGANICS DIVERSION PROJECT,
SCH#2024080229, CONTRA COSTA COUNTY
Pursuant to the State Clearinghouse’s 6 August 2024 request, the Central Valley Regional Water Quality Control Board (Central Valley Water Board) has reviewed the Request for Review for the Mitigated Negative Declaration for the Solid Waste Organics Diversion Project, located in Contra Costa County.

Our agency is delegated with the responsibility of protecting the quality of surface and groundwaters of the state; therefore our comments will address concerns surrounding those issues.

I. Regulatory Setting
Basin Plan
The Central Valley Water Board is required to formulate and adopt Basin Plans for all areas within the Central Valley region under Section 13240 of the Porter-Cologne Water Quality Control Act. Each Basin Plan must contain water quality objectives to ensure the reasonable protection of beneficial uses, as well as a program of implementation for achieving water quality objectives with the Basin Plans. Federal regulations require each state to adopt water quality standards to protect the public health or welfare, enhance the quality of water and serve the purposes of the Clean Water Act. In California, the beneficial uses, water quality objectives, and the Antidegradation Policy are the State’s water quality standards. Water quality standards are also contained in the National Toxics Rule, 40 CFR Section 131.36, and the California Toxics Rule, 40 CFR Section 131.38.

The Basin Plan is subject to modification as necessary, considering applicable laws, policies, technologies, water quality conditions and priorities. The original Basin Plans were adopted in 1975, and have been updated and revised periodically as required, using Basin Plan amendments. Once the Central Valley Water Board has adopted a Basin Plan amendment in noticed public hearings, it must be approved by

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Solid Waste Organics Diversion Project - 2 - 6 September 2024 Contra Costa County
the State Water Resources Control Board (State Water Board), Office of Administrative Law (OAL) and in some cases, the United States Environmental Protection Agency (USEPA). Basin Plan amendments only become effective after they have been approved by the OAL and in some cases, the USEPA. Every three (3) years, a review of the Basin Plan is completed that assesses the appropriateness of existing standards and evaluates and prioritizes Basin Planning issues. For more information on the Water Quality Control Plan for the Sacramento and San Joaquin River Basins, please visit our website:
http://www.waterboards.ca.gov/centralvalley/water_issues/basin_plans/ Antidegradation Considerations
All wastewater discharges must comply with the Antidegradation Policy (State Water Board Resolution 68-16) and the Antidegradation Implementation Policy contained in the Basin Plan. The Antidegradation Implementation Policy is available on page 74 at:
https://www.waterboards.ca.gov/centralvalley/water_issues/basin_plans/sacsjr_2018

05.pdf
In part it states:

Any discharge of waste to high quality waters must apply best practicable treatment or control not only to prevent a condition of pollution or nuisance from occurring, but also to maintain the highest water quality possible consistent with the maximum benefit to the people of the State.

This information must be presented as an analysis of the impacts and potential impacts of the discharge on water quality, as measured by background concentrations and applicable water quality objectives.

The antidegradation analysis is a mandatory element in the National Pollutant Discharge Elimination System and land discharge Waste Discharge Requirements (WDRs) permitting processes. The environmental review document should evaluate potential impacts to both surface and groundwater quality.

II. Permitting Requirements
Construction Storm Water General Permit
Dischargers whose project disturb one or more acres of soil or where projects disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres, are required to obtain coverage under the General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Construction General Permit), Construction General Permit Order No. 2009-0009-DWQ. Construction activity subject to this permit includes clearing, grading, grubbing, disturbances to the ground, such as stockpiling, or excavation, but does not include regular maintenance activities performed to restore the original line, grade, or capacity of the facility. The Construction General Permit requires the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP). For more information on the Construction General Permit, visit the State Water Resources Control Board website at:

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Solid Waste Organics Diversion Project - 3 - 6 September 2024 Contra Costa County
http://www.waterboards.ca.gov/water_issues/programs/stormwater/constpermits.sht ml
Clean Water Act Section 404 Permit
If the project will involve the discharge of dredged or fill material in navigable waters or wetlands, a permit pursuant to Section 404 of the Clean Water Act may be needed from the United States Army Corps of Engineers (USACE). If a Section 404 permit is required by the USACE, the Central Valley Water Board will review the permit application to ensure that discharge will not violate water quality standards. If the project requires surface water drainage realignment, the applicant is advised to contact the Department of Fish and Game for information on Streambed Alteration Permit requirements. If you have any questions regarding the Clean Water Act Section 404 permits, please contact the Regulatory Division of the Sacramento District of USACE at (916) 557-5250.

Clean Water Act Section 401 Permit – Water Quality Certification If an USACE permit (e.g., Non-Reporting Nationwide Permit, Nationwide Permit, Letter of Permission, Individual Permit, Regional General Permit, Programmatic General Permit), or any other federal permit (e.g., Section 10 of the Rivers and Harbors Act or Section 9 from the United States Coast Guard), is required for this project due to the disturbance of waters of the United States (such as streams and wetlands), then a Water Quality Certification must be obtained from the Central Valley Water Board prior to initiation of project activities. There are no waivers for 401 Water Quality Certifications. For more information on the Water Quality Certification, visit the Central Valley Water Board website at:
https://www.waterboards.ca.gov/centralvalley/water_issues/water_quality_certificatio n/
Waste Discharge Requirements – Discharges to Waters of the State If USACE determines that only non-jurisdictional waters of the State (i.e., “nonfederal” waters of the State) are present in the proposed project area, the proposed project may require a Waste Discharge Requirement (WDR) permit to be issued by Central Valley Water Board. Under the California Porter-Cologne Water Quality Control Act, discharges to all waters of the State, including all wetlands and other waters of the State including, but not limited to, isolated wetlands, are subject to State regulation. For more information on the Waste Discharges to Surface Water NPDES Program and WDR processes, visit the Central Valley Water Board website at:https://www.waterboards.ca.gov/centralvalley/water_issues/waste_to_surface_wat er/
Projects involving excavation or fill activities impacting less than 0.2 acre or 400 linear feet of non-jurisdictional waters of the state and projects involving dredging activities impacting less than 50 cubic yards of non-jurisdictional waters of the state may be eligible for coverage under the State Water Resources Control Board Water Quality Order No. 2004-0004-DWQ (General Order 2004-0004). For more information on the General Order 2004-0004, visit the State Water Resources Control Board website at:

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Solid Waste Organics Diversion Project - 4 - 6 September 2024 Contra Costa County
https://www.waterboards.ca.gov/board_decisions/adopted_orders/water_quality/200 4/wqo/wqo2004-0004.pdf
Dewatering Permit
If the proposed project includes construction or groundwater dewatering to be discharged to land, the proponent may apply for coverage under State Water Board General Water Quality Order (Low Threat General Order) 2003-0003 or the Central Valley Water Board’s Waiver of Report of Waste Discharge and Waste Discharge Requirements (Low Threat Waiver) R5-2018-0085. Small temporary construction dewatering projects are projects that discharge groundwater to land from excavation activities or dewatering of underground utility vaults. Dischargers seeking coverage under the General Order or Waiver must file a Notice of Intent with the Central Valley Water Board prior to beginning discharge.

For more information regarding the Low Threat General Order and the application process, visit the Central Valley Water Board website at:
http://www.waterboards.ca.gov/board_decisions/adopted_orders/water_quality/2003/ wqo/wqo2003-0003.pdf
For more information regarding the Low Threat Waiver and the application process, visit the Central Valley Water Board website at:
https://www.waterboards.ca.gov/centralvalley/board_decisions/adopted_orders/waiv ers/r5-2018-0085.pdf
Limited Threat General NPDES Permit
If the proposed project includes construction dewatering and it is necessary to discharge the groundwater to waters of the United States, the proposed project will require coverage under a National Pollutant Discharge Elimination System (NPDES) permit. Dewatering discharges are typically considered a low or limited threat to water quality and may be covered under the General Order for Limited Threat Discharges to Surface Water (Limited Threat General Order). A complete Notice of Intent must be submitted to the Central Valley Water Board to obtain coverage under the Limited Threat General Order. For more information regarding the Limited Threat General Order and the application process, visit the Central Valley Water Board website at:
https://www.waterboards.ca.gov/centralvalley/board_decisions/adopted_orders/gene ral_orders/r5-2016-0076-01.pdf
NPDES Permit
If the proposed project discharges waste that could affect the quality of surface waters of the State, other than into a community sewer system, the proposed project will require coverage under a National Pollutant Discharge Elimination System (NPDES) permit. A complete Report of Waste Discharge must be submitted with the Central Valley Water Board to obtain a NPDES Permit. For more information regarding the NPDES Permit and the application process, visit the Central Valley Water Board website at: https://www.waterboards.ca.gov/centralvalley/help/permit/

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Solid Waste Organics Diversion Project - 5 - 6 September 2024 Contra Costa County
If you have questions regarding these comments, please contact me at (916) 464-4684 or [email protected].

Peter G. Minkel
Engineering Geologist
cc: State Clearinghouse unit, Governor’s Office of Planning and Research, Sacramento

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1001 I Street, Sacramento, CA 95814 | P.O. Box 4025, Sacramento, CA 95812 www.CalRecycle.ca.gov | (916) 322-4027
California Environmental Protection Agency
Department of
Resources Recycling and Recovery
Gavin Newsom
California Governor
Yana Garcia
Secretary for Environmental Protection
Zoe Heller
CalRecycle Director
September 13, 2024
Casey Wichert
City of Brentwood, Director of Public Works
2201 Elkins Way
Brentwood, CA 94513
Subject: SCH No. 2024080229 – Initial Study and Mitigated Negative Declaration for the Solid Waste Organics Diversion Project – City of Brentwood
Dear Mr. Wichert:

Thank you for allowing the Department of Resources Recycling and Recovery (CalRecycle) staff to provide comments on the proposed project and for your agency’s consideration of these comments as part of the California Environmental Quality Act (CEQA) process.

Project Description
The City of Brentwood Public Works Department, acting as Lead Agency, has prepared and circulated a Draft Initial Study (IS) and Mitigated Negative Declaration (MND) in order to comply with CEQA and to provide information to, and solicit consultation with, Responsible Agencies in the approval of the proposed project.

The proposed Solid Waste Organics Diversion Project is located at the City of Brentwood Wastewater Treatment Plant (WWTP) at 2251 Elkins Way, the city’s Solid Waste Transfer Station (Brentwood Transfer Station; CalRecycle Solid Waste Information System (SWIS) No. 07-AA-0068) at 2301 Elkins Way, and on City-owned land adjacent to and east of the WWTP, in Contra Costa County. The project site is approximately 12 acres, and the project area is currently zoned for Public Facilities and Parks.

The proposed project would expand the Solid Waste Transfer Station to accommodate new equipment to separate and prepare organic waste for a new anaerobic digester; install an anaerobic digester and associated infrastructure; install centrifuges, biosolids dryers, and pyrolysis units to process material from the anaerobic digester; install pipelines and an interconnector station to convey renewable natural gas generated by the anaerobic digester to a Pacific Gas & Electric main line; construct ancillary facilities related to above project components; realign a paved pedestrian path from Sunset Park to the Marsh Creek trail; and conduct tree removal to accommodate new facilities and pedestrian path realignment.

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IS/MND for the Solid Waste Organics Diversion Project
September 13, 2024

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Per the Brentwood Transfer Station’s Solid Waste Facility Permit (SWFP), the maximum permitted tonnage is up to 400 tons per day. The permitted hours of operation are Monday through Friday from 4:00 a.m. to 7:00 p.m., Saturday and Sunday from 7:00 a.m. to 6:00 p.m., and for Public Clean-Up Days (10 per calendar year), 7:00 a.m. to 6:00 p.m., Saturday or Sunday. The maximum permitted traffic volume is 225 incoming refuse and hauling vehicles (includes outgoing transfer trucks) and on Public Clean-Up Days, up to 700 vehicles/day. The permitted acreage is 5.7 acres.

Comments
CalRecycle staff’s comments on the proposed project are listed below. Where a specific location in the document is noted for the comment, please ensure the comment is addressed throughout all sections of the Draft IS/MND, in addition to the specific location noted.

IS, Page No. 2, Chapter 1.4
It is stated that the California Integrated Waste Management Board may have jurisdiction over elements of the project.

The California Integrated Waste Management Board is now CalRecycle.

IS, Page No. 5, Chapter 2.4.1
It is stated the City operates the transfer station under Solid Waste Facility Permit No. 07-AA-0068 issued by the Contra Costa Environmental Health Division on February 14, 2014, and concurred by the California Integrated Waste Management Board.

Currently, CalRecycle acts as the Enforcement Agency (EA) for the City of Brentwood.

The most current SWFP was issued by CalRecycle on August 7, 2019.

IS, Page No. 7-9, Chapter 2.5.1
It is stated that the Solid Waste Transfer Station would be expanded to provide space for new equipment required to extract the organic waste to be processed by the anaerobic digester. The existing transfer station building is approximately 20,800 square feet. A new pre-engineered metal building, approximately 20,000 square feet in size, would be added west of and adjacent to the existing building, at the current location of the yard waste pad. It is further stated that a new yard waste pad would be constructed.

This yard waste pad would be a concrete pad with an area of approximately 10,000 square feet, located just south of the existing transfer station fence line.

Will any of this new construction require an increase in the permitted acreage of 5.7 acres and/or a change to the SWFP boundary of the Transfer Station? If so, please provide the updated acreage and boundary lines.

IS, Page No. 7, Chapter 2.5.1
It is stated that the municipal solid waste coming into the Transfer Station would be sorted and processed using the newly installed equipment to create multiple products to

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IS/MND for the Solid Waste Organics Diversion Project
September 13, 2024

Page 3 of 5 ends

increase recycling volume for the city and produce an organic waste slurry for the anaerobic digester.

Confirming the slurry will be produced at the transfer station and sent off site to the WWTP for anaerobic digestion?
IS, Page No. 9, Chapter 2.5.2
It is stated that the City would construct an approximate 2-million gallon anaerobic digester to process WWTP biosolids, organic material from municipal solid waste, some yard waste, and high strength waste. The anaerobic digester would be constructed on City-owned land adjacent to and east of the transfer station and WWTP.

Will the anerobic digester and subsequent processing equipment be located within the boundaries of the WWTP? If so, Title 14 of the California Code of Regulations (14 CCR) Section 17896.6 (a)(1) states that there are In-Vessel Digestion exclusions (from solid waste permitting requirements) for Publicly Owned Treatment Works Treatment Plants (POTWs). Will the WWTP meet this exclusion? If not, the anaerobic digestion activity could be subject to solid waste permitting requirements. What is the maximum daily tonnage that will be received, proposed hours of operation, maximum traffic volume (vehicles per day) and acreage? Please reach out to the EA contact to discuss possible permitting requirements.

IS, Page No. 10, Chapter 2.5.3
It is stated that the biosolids dryer and pyrolysis system (BDPS) would process digested biosolids (digestate) from the anaerobic digester into biochar; the pyrolysis system would convert approximately half of the volatile organic material to biochar. It is also stated that the location for the additional centrifuges, biosolids dryers, and pyrolysis units under the project overlaps with the location proposed for the WWTP Phase II Expansion Project resulting in overlapping construction areas.

Confirming that the BDPS would be located within the boundaries of the WWTP? Per Public Resources Code (PRC) Section 40201, “Transformation” means incineration, pyrolysis, distillation, or biological conversion other than composting. The pyrolysis activity could be subject to solid waste permitting requirements as a Transformation activity. Here is a link to the CalRecycle website for more information:
https://calrecycle.ca.gov/swfacilities/permitting/permittype/fullpermit/. What is the maximum daily tonnage that will be received, proposed hours of operation, maximum traffic volume (vehicles per day) and acreage? Please reach out to the EA contact to discuss possible permitting requirements.

IS, Page No. 18, Chapter 2.7.2, Table 2
Table 2 describes operational truck and workforce traffic for both the Transfer Station and WWTP.

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IS/MND for the Solid Waste Organics Diversion Project
September 13, 2024

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It appears that traffic could be potentially increased to implement the project, but it is not clear how the Transfer Station could specifically be impacted. The Transfer Station is currently permitted for 225 vehicles per day. Would this number need to be changed and if so, to what? Will any of the other SWFP parameters, as described in the Project Description section of this comment letter, need to be changed? If so, which parameters and what would be the changes?
Additional Information
The following is a link to CalRecycle’s CEQA homepage which may assist the Lead Agency in preparing the Final MND:
https://calrecycle.ca.gov/swfacilities/permitting/ceqa/.

Solid Waste Regulatory Oversight
CalRecycle is the EA for the City of Brentwood and responsible for providing regulatory oversight of solid waste handling activities, including permitting and inspections. Please contact me, Cody Oquendo, to discuss any regulatory requirements for the proposed project.

Conclusion
CalRecycle staff thanks the Lead Agency for the opportunity to review and comment on the environmental document and hopes that this comment letter will be useful to the Lead Agency preparing the Final MND and in carrying out their responsibilities in the CEQA process.

CalRecycle staff requests copies of any subsequent environmental documents, copies of public notices and any Notices of Determination for this proposed project.

If the environmental document is adopted during a public hearing, CalRecycle staff requests 10 days advance notice of this hearing. If the document is adopted without a public hearing, CalRecycle staff requests 10 days advance notification of the date of the adoption and proposed project approval by the decision-making body.

If you have any questions regarding these comments, please contact me at 916.341.6719 or by e-mail at [email protected].

Sincerely,
Cody Oquendo, Environmental Scientist
Permitting & Assistance Branch – South Unit
Waste Permitting, Compliance & Mitigation Division
CalRecycle

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IS/MND for the Solid Waste Organics Diversion Project
September 13, 2024

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cc: Benjamin Escotto, CalRecycle
Jeff Hackett, CalRecycle
Alexenia Aldape, CalRecycle
Randy Friedlander, CalRecycle
Jon Carlson, City of Brentwood

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D
City of Brentwood 2024/25 – 2028/29 Capital Improvement Program Project Title: * MULTI-YEAR * Project #:

Solid Waste Organics Diversion 542-54021
Description/Justification:

In order to comply with regulatory requirements associated with the passage of AB 1826 and SB 1383, the City will be required to recycle organic wastes and divert them away from landfills. In particular, SB1383 requires a 75% reduction in the disposal of organic waste by 2025. In order to comply with SB 1383 requirements, the City will construct a facility to mechanically separate and recover organic material, digest the organic material to produce biogas, and capture the biogas to generate renewable natural gas which will be sold to generate revenue.

Project Status:

A design-build contract for this project has been finalized and approved by City Council on 01/23/24, by Resolution 2024-08.

Design is expected to take approximately 8 months and construction is planned to begin December 2024.

Supplemental Information:

SB 1383 was passed as a means to reduce climate pollution caused by the decomposition of organic waste in landfills. Organic waste includes yard and food waste and wastewater biosolids, among other things. Currently, the City’s organic waste is disposed of in local landfills. In order to comply with SB 1383 requirements, the City will have to find alternative means of disposal by 2025. Several options to meet this requirement will be explored, including composting, and extraction, digestion, and energy recovery. Some compliance alternatives have the added benefit of generating energy that can be harnessed and used in various ways. The initial planning and design work is proposed to begin in FY 2023/24 and will be funded by the Solid Waste Enterprise ($1,167,200) and Wastewater Enterprise ($291,800). Future funding for this project will come from the Solid Waste and Wastewater Enterprise Funds and the City will actively pursue any grant funding for this project if it becomes available. It is anticipated future funding for this project will come through loan or bond financing, to be repaid with future Solid Waste and Wastewater Enterprise revenues. Renewable energy could generate annual revenue up to $5.6M from the sale of renewable natural gas; and an additional revenue source estimated at $1M-$2M annually may also be available from tipping fees generated by the acceptance of high strength organic waste. This project was included in the City’s Strategic Plan for FY 2022/23 - FY 2023/24.

PROJECT EXPENDITURES Prior 2024/25 2025/26 2026/27 2027/28 2028/29 TOTAL 70239 Legal 20,000 $ 20,000
90040 Planning and Design 1,200,000 1,164,000 $ 2,364,000 90050 Construction 44,200,000 40,675,000 $ 84,875,000
90070 Project Administration 1,500,000 1,500,000 $ 3,000,000 TOTAL $ 1,200,000 $ 46,884,000 $ 42,175,000 $ 90,259,000 PROJECT FUNDING Prior 2024/25 2025/26 2026/27 2027/28 2028/29 TOTAL 47-Var Enterprise 1,200,000 259,000 $ 1,459,000
Other 46,625,000 42,175,000 $ 88,800,000
TOTAL $ 1,200,000 $ 46,884,000 $ 42,175,000 $ 90,259,000

PROJECT FINANCING CURRENT PROPOSED

Project Category: Community Facilities Improvements
Location: Solid Waste Transfer Station, 2301
Elkins Way
Project Manager: C. Wichert
Project Priority: 1B - Mandatory
Est. Completion Date: 2025/26
Future Annual
O & M Impact: TBD
Public Art
Requirement: Exempt
General Plan Policy: IF 1-1, IF 5-2, IF 5-3, IF 5-4
Resolution #2024-73
Meeting 6/25/24
Item #G.3.

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CITY COUNCIL AGENDA ITEM NO. F.2
10/22/2024
SUBJECT: An amendment to the Brentwood Municipal Code to update Chapter 5.68 (Mobile Vending) to establish new mobile vending regulations and an amendment to Chapter 17.850 (Temporary Use Permits) to add regulations related to Long-Term Mobile Vending Facilities
DEPARTMENT: Community Development Department
STAFF: Alexis Morris, Director of Community Development Erik Nolthenius, Planning Manager
Jennifer Hagen, Senior Planner

TITLE/RECOMMENDATION
Waive the first reading and introduce:

1. An ordinance approving an amendment (Rezone No. 24-004) to Brentwood Municipal Code Chapter 17.850 (Temporary Use Permits) to add regulations related to Long-Term Mobile Vending Facilities and Commissaries.

2. An ordinance approving an amendment to Brentwood Municipal Code Chapter 5.68 (Mobile Vending) to establish new mobile vending regulations.

These two ordinances and text amendments are exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as they are not a “project” and have no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. 14 Cal. Code Regs. § 15378(a). Further, the Ordinances are exempt from CEQA as there is no possibility that either Ordinance or their implementation would have a significant negative effect on the environment. 14 Cal. Code Regs. § 15061(b)(3).

FISCAL IMPACT
If the Ordinances changes are approved, any fees for permits or revenue from business license tax certificates would be included in the General Fund. If approved, the new fees for permits would be submitted for approval by the City Council at a future meeting and would most likely be similar to recently adopted fees for sidewalk vending permits. Business license tax and fees are already included in the City’s FY2023/24 Cost Allocation Plan. The amount of revenue collected will depend on the

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CITY COUNCIL AGENDA ITEM NO. F.2
10/22/2024
fee amount proposed and the volume of mobile vending activity, but is not expected to have a material impact on overall General Fund revenues.

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

BACKGROUND

CITY COUNCIL DIRECTION
On February 27, 2024, the City Council considered a new ordinance regulating Sidewalk Vending (Ordinance No. 1069) and a new ordinance repealing and replacing the City’s regulations related to Mobile Vending (Ordinance No. 1070) in order to comply with new State laws and to adopt new standards to protect public health and safety. Since the proposed amendments were not part of the City’s Zoning Ordinance, the amendments were not presented to the Planning Commission and were reviewed directly by the City Council that evening. The City Council provided direction related to the Mobile Vending Ordinance, including directing staff to work on additional amendments and regulations for long-term mobile vending facilities that may be considered as part of the focused zoning ordinance update within Title 17.

Upon the second reading of both ordinances on March 12, 2024, the City Council adopted the Sidewalk Vending Ordinance, but reopened consideration of the Mobile Vending Ordinance and continued the item to a future date, and directed continued discussion of the ordinance to the Land Use and Development (LUD) committee.

LAND USE AND DEVELOPMENT COMMITTEE (LUD) DIRECTION
On May 29, 2024, LUD provided recommendations on regulations for long-term mobile vending facilities that would be included in Chapter 17.850 (Temporary Use Permits) in order to create a process for mobile vending facilities to operate for longer timeframes than the time limits proposed in the draft Chapter 5.68. Since the updates proposed would be within Title 17, the Planning Commission was required to consider and make a recommendation on the proposed amendments to Chapter 17.850 prior to the amendments being presented to the City Council.

PLANNING COMMISSION ACTION
The Planning Commission considered the amendments to Chapter 17.850 at a public hearing at its regular meeting of September 3, 2024, and was supportive of the requested text amendments. The Planning Commission agreed that the amendments would help to provide greater opportunities for new mobile vending facilities that did

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CITY COUNCIL AGENDA ITEM NO. F.2
10/22/2024
not fit within the new specified guidelines as outlined in Chapter 5.68 since the operational characteristics of long-term mobile vendors and commissaries are different than vendors that move regularly. The Planning Commission unanimously adopted Resolution No. 24-035, recommending that the City Council approve the amendments (RZ 24-004), amending Chapter 17.850 (Temporary Use Permits) to add regulations related to Long-Term Mobile Vending Facilities and Commissaries.

ANALYSIS
CHAPTER 5.68 (MOBILE VENDING)
The current Mobile Vending Ordinance (Mobile Vending--BMC 5.68) (attached) had not been revised since 1996 and has become outdated relative to state law and the types of mobile vending that are most prevalent in Brentwood. The current ordinance lacks precise definitions of the different types of mobile vendors, is inconsistent with the State’s new sidewalk vending regulations, does not specify hours of operation in residential zones, does not address special events or vending of prohibited materials (e.g., drug paraphernalia or fireworks). Staff is recommending the repeal and replacement of the current ordinance in its entirety due to the number of changes proposed.

The proposed new Mobile Vending from Motorized Vehicles Ordinance (attached) includes more precise definitions, new regulations for hours of operation and requires a new type of permit from the City in addition to a business tax certificate. The proposed ordinance allows these types of businesses to operate in the City, but creates robust new standards that are clearer and easier to understand for both residents and businesses and are more enforceable. Below are some, but not all, of the updated regulations.
 Obtaining a health permit from Contra Costa County, if applicable;  Obtaining a permit and business tax certificate from the City, and payment of all applicable fees;
 Identification documentation requirements;
 Location and siting requirements, including distance from certain locations and other mobile vendors, and time restrictions;
 Placing hours of operation restrictions;
 Obtaining liability insurance in the amount of $1 Million;  Requiring compliance with the City’s sign regulations and noise regulations;  Prohibiting vending of alcohol, cannabis, adult-oriented material, tobacco products, products that contain nicotine, any product or device used to smoke/vape nicotine or cannabis, fireworks, or any weapons (including

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CITY COUNCIL AGENDA ITEM NO. F.2
10/22/2024
knives, air soft guns, pellet guns, paintball guns, or anything that may resemble a gun);
 Establishing violations of the ordinance as a misdemeanor; and  Adding a definition for a long-term mobile vending facility, which would need to comply with requirements contained in Title 17 (Zoning) of the Brentwood Municipal Code.

LUD Recommended Changes to Proposed Ordinance
Based on LUD recommendations, the following changes have been incorporated into the attached Ordinance; modifying the version reviewed by the City Council in March 2024:
 Added a separate restrictive category prohibiting registered sex offenders from obtaining permits;
 Changed the allowable hours to operate a mobile vending facility within the public right-of-way in one spot from two (2) hours to three (3) hours;  Added provisions prohibiting mobile vending on private property or within the public right-of-way within three hundred (300) feet from any single-family residentially zoned property, measured from the location of the mobile vending facility to the residential structure.
o Although this has been included in the proposed draft, there are potential impacts and consequences that this may have related to mobile vending at or near public parks. Since the majority of the City parks are located within residential neighborhoods, this provision would essentially ban mobile vending at or near most parks. If the City Council would like mobile vending to be allowed at City parks, the Council could consider adding an exception to this provision to the attached ordinance in Section 5.68.040 (C)(f), Public Right of Way, Location and Siting Requirements.
 Added a provision prohibiting mobile vending on private property or within the public right-of-way within the Downtown Specific Plan – Downtown Core District, unless approved as part of a Temporary Special Permit.  Added a separation requirement on private property or within the right-ofway within one hundred (100) feet from the main entrance to any eating establishment, outdoor dining area, or similar food service business, measured from the location of the mobile vending facility to the commercial structure, unless the mobile vending facility first obtains written permission from the business owner.
o It should be noted that LUD recommended a separation requirement of three hundred (300) feet. After reviewing this recommendation with legal counsel, legal counsel recommended reducing the distance to

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100 feet based on the potential of the larger distance to mostly, or completely, ban food trucks City-wide.

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

There may be circumstances where mobile vending facilities could operate for a longer period of time or on a semi-permanent basis; this could potentially include during a restaurant remodel or as part of a new development project that includes an on-site commissary. Staff is proposing the below amendments to Chapter 17.850 (Temporary Use Permits) to address these circumstances.

Effective Date
As described below, staff conducted extensive public outreach for this City Council hearing and will conduct additional outreach to mobile vendors if the ordinance is adopted by the City Council. The attached Mobile Vending Ordinance includes an effective date of March 1, 2025. If adopted, the ordinance’s later effective date will allow staff time to conduct outreach to the effected businesses and allow those businesses additional time to prepare for obtaining a permit from the City.

CHAPTER 17.850 (TEMPORARY USE PERMITS)
Operational characteristics of long-term mobile vendors and commissaries are different than vendors that move regularly. “Long-term mobile vending facilities” are defined as those that operate on a longer-term than allowed in Chapter 5.68, not short-term basis, that are allowed by the underlying non-residential zoning district, are an ancillary use to a primary use on the property, or that can not meet all requirements as outlined in Chapter 5.68, and comply with all the requirements contained in Title 17 (Zoning) of the Brentwood Municipal Code. Long-term mobile vending facilities may include those that wish to remain on the private or public property more than the number of hours or days allowed in Chapter 5.68.

Based on the unique operating characteristics, staff recommends that a new approval process and new regulations for these operations be incorporated into Title 17 Zoning

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of the BMC. Aspects of Chapter 5.68 (e.g., the requirement for a mobile vending license) would still apply, but new zoning regulations would create additional land use regulations and standards applicable only to long-term mobile vending facilities and commissaries. Applying the relevant sections of Chapter 5.68 and new zoning regulations to long-term mobile vending facilities and commissaries would ensure consistency of regulations for these facilities, as well as ensure their safe and sanitary operation on a long-term basis.

Temporary Review Process
Staff is recommending modifications to Brentwood Municipal Code Chapter 17.850 (Temporary Use Permits (TUP)) (attached) in order to establish clear and concise criteria in which to review and approve long-term mobile vending facilities and commissaries with associated mobile vending facilities. Permitting long-term mobile vending facilities and commissaries through the TUP process allows the City greater flexibility in approving, denying, and/or revoking permits. Major TUPs are reserved for larger events or applications, while minor TUPs are considered more routine in nature. Applicants would be required to apply for a major TUP upon initial submittal and would be allowed to apply for a minor TUP for subsequent renewals each year.

This would allow the City to review each permit on an annual basis prior to renewal.

Long-Term Mobile Vending Standards
In addition to the need for updated regulations for mobile vendors that are only at a location for a short amount of time, there is a need for new regulations that apply specifically to mobile vendors that may be able to operate for longer timeframes than the time limits proposed in the draft Chapter 5.68.

LUD recommended that the following general parameters for long-term mobile vending zoning regulations be included in revisions to Chapter 17.850.

1. Setbacks. Long-term mobile vending facilities would be required to be located at least five feet from the edge of any driveway or public sidewalk, utility boxes and vaults, handicapped ramp, building entrance, exit or emergency access/exit way, or emergency call box and be located a minimum distance of 15 feet in all directions of a fire hydrant.

2. Parking requirements. Long-term mobile vending facilities would only be permitted to be parked in a designated parking space(s) on a paved surface outside any designated fire lane. The mobile vending facility and associated seating, if any, shall also be located outside any parking or loading space that

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is required to fulfill the minimum parking requirements for the principal use on the property, during the principal use's hours of operation.

3. Seating requirements. All associated tables, seating, and/or shade structures must be removed at the end of each business day and may not be permanently erected outside of business operations. In addition, all associated furnishings shall be maintained in a clean manner such that it does not create an unsightly appearance.

4. Utilities. Electric outlet hookups are required to be installed for long-term mobile vending facilities and must be used while the mobile vending facility is on the premises. No generators shall be utilized on-site. If extension cords, hoses or other utilities are required, they shall be safety secured and not impede any path of travel.

5. Accessibility Requirements. Long-term mobile vending facilities must operate in a manner and have access to restrooms consistent with current California Building Code (CBC) standards, which shall be provided on site and located within a maximum of 50 feet from the proposed long-term mobile vending facility parking location, unless otherwise approved by the community development director. Restrooms shall be provided, at no charge, for customer use during normal business hours and shall be continuously maintained in a clean and sanitary manner.

Commissaries
In addition to the need for updated regulations for mobile vendors that operate and sell within the City, there is a need for regulations for mobile vendors that utilize an existing commercial building as a commissary and remain onsite overnight, which is not permitted under general regulations outlined in the draft Chapter 5.68.

A “Commissary” is defined as a food facility that services mobile food facilities, mobile support units, or vending machines where any of the following occur: (1) food, containers, or supplies are stored; (2) food is prepared or prepackaged for sale or service at other locations; (3) utensils are cleaned; or (4) liquid and solid wastes are disposed, or potable water is obtained. A commissary may be considered in an underlying non-residential zoning district, if the commissary is an ancillary use to a primary permitted use on the property, and complies with all the requirements contained in Title 17 (Zoning) of the Brentwood Municipal Code. TUP approval would be required in order to allow for a mobile vending facility to remain on-site overnight, when associated with an on-site commissary.

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Staff is recommending the following general parameters for commissary and associated mobile vending facilities be included in revisions to Chapter 17.850 related to long-term mobile vending facilities.

1. Ownership. All associated mobile vending facilities approved to be on the site of a commissary must be directly owned or operated by the commissary.

2. Number of Mobile Vending Facilities per Commissary. No more than two mobile vending facilities may be approved through the Temporary Use Permit process for each commissary.

3. Parking Requirements. The mobile vending facility associated with the commissary is only permitted to be parked in a designated parking space(s) on a paved surface outside any designated fire lane. The mobile vending facility and associated seating, if any, should also be located outside any parking or loading space that is required to fulfill the minimum parking requirements for the principal use on the property, during the principal use's hours of operation.

4. County Approval. Prior to operating, a commissary shall obtain a commissary permit issued by Contra Costa County, if applicable.

COMMUNITY OUTREACH
Prior to the February 27, 2024 City Council meeting, the May 29, 2024 LUD meeting, and the September 3, 2024 Planning Commission meeting, additional public outreach to current mobile vendors was done which resulted in several vendors providing comments and recommendations on the draft Ordinance. Prior to this City Council meeting, a notification letter was mailed and emailed to 74 businesses that City staff identified as Mobile Vendors with either an active City of Brentwood Business Tax Certificate, or individuals who expressed interest in obtaining information regarding upcoming revisions. The letter included details regarding the proposed municipal code revisions, the date/time of the City Council meeting, information about when/where the agenda with the draft ordinances would be available, as well as information pertaining to submitting public comments. The letter was also shared with the Downtown Brentwood Coalition, the Chamber of Commerce, and the Foodie Crew, as they provide mobile food vendor event planning services.

If the City Council adopts the new ordinances, Community Development staff will conduct further outreach to the businesses impacted by the new regulations. This will include making contact with businesses directly, social media posts, and

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advertisements in local publications. A Mobile Vending brochure will be circulated during the outreach. More detailed information regarding how to obtain a Mobile Vending permit with a link to the applications will also be available on the City’s website. Community Development staff will continue to collaborate with other departments involved with both Mobile Vendors and Sidewalk Vendors, including Finance, Police and Parks & Recreation.

CONCLUSION
These proposed ordinance amendments, if adopted, will assist in the City’s desire to regulate mobile vending, while also safe-guarding the flow of pedestrian movement on public and private sidewalks and in the public right-of-way, and ensure no interference with the performance of police, firefighter, and emergency medical personnel services. In addition, this amendment will provide greater clarity to Community Enrichment staff to regulate the type of vending, and the time, place, and manner of vending from vehicles upon the street in order to promote public safety.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
The City of Brentwood published a public hearing notice in the Brentwood Press on October 11, 2024.

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

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In addition to CEQA Guidelines Section 15061(b)(3), the proposed ordinances would also be exempt from the CEQA pursuant to CEQA Guidelines Section 15311(c) in that the proposed ordinances relate to the placement of seasonal or temporary use mobile food units, in generally the same locations from time to time in areas designed for public use. Finally, the ordinances are not a “project” and have no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. 14 Cal. Code Regs. § 15378(a).

ATTACHMENT(S)

1. Previous Actions

2. Draft Ordinance Chapter 5.68 (Mobile Vending)

3. Draft Ordinance Chapter 17.850 (Temporary Use Permits)

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

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

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

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

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

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

On June 13, 1995, the City Council adopted Ordinance No. 554, establishing business license requirements and standards for mobile vending with an effective date of October 1, 1995.

On February 27, 2024, the City Council considered the first reading and adoption of a new ordinance regulating Sidewalk Vending (Ordinance No. 1069) and a new ordinance repealing and replacing the City’s regulations related to Mobile Vending (Ordinance No. 1070).

On March 12, 2024, the City Council adopted the Sidewalk Vending Ordinance (Ordinance No. 1069), but continued the Mobile Vending Ordinance to a future date.

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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF BRENTWOOD, CALIFORNIA, REPEALING AND
REPLACING CHAPTER 5.68 OF THE BRENTWOOD

MUNICIPAL CODE REGARDING MOBILE VENDING

AND DECLARING THE ORDINANCE EXEMPT FROM
CEQA
WHEREAS, the City of Brentwood, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and
WHEREAS, pursuant to the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote the public health, safety, and general welfare of its citizens, including mobile vending on both public and private property; and
WHEREAS, the City may regulate mobile food facilities operating in the rightof-way, pursuant to Vehicle Code section 22455 and Health and Safety Code section 114315; and
WHEREAS, vehicles that produce, prepare, cook, and carry food, foodstuffs, food products, and all associated wares and merchandise for purposes of sale on the public streets pose special danger to the public health, safety, and welfare of children and residents in the City; and
WHEREAS, the sale of food, foodstuffs, food products, and all associated wares and merchandise on public streets from vehicles can cause dangerous conditions on the City’s roads and streets through the congregation of large crowds and imposition of the flow of traffic on the public right-of-way. In addition, mobile vending from both public and private property creates the potential for increased safety hazards, such as, but not limited to: inhibiting the ability of disabled individuals and other pedestrians to follow a safe path of travel; interfering with the performance of police, firefighter, and emergency medical personnel services; encouraging pedestrians to cross mid-block or stand in roadways to purchase food; and creating obstacles and contributing to congestion for pedestrian, vehicle, and bicycle traffic; and;
WHEREAS, the City has the authority to regulate the type of vending, and the time, place, and manner of vending from vehicles upon the street in order to promote public safety; and
WHEREAS, the City desires to regulate mobile vending, while also safeguarding the flow of pedestrian movement on public and private sidewalks and in the public right-of- way, and ensure no interference with the performance of police, firefighter, and emergency medical personnel services; and WHEREAS, the City Council finds that the regulation of mobile vendors engaged in the sale of food and food products will help to ensure that mobile vendors

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Attachment 2

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obtain all necessary permits and comply with applicable sanitation, food preparation, and food handling laws, and thereby will protect the public health and safety against health problems such as food contamination, poor hygienic practices, and the threat of food poisoning; and
WHEREAS, the City Council finds that regulation of mobile vending in residential areas is necessary to ensure that such areas are protected from excessive noise and traffic impacts while allowing economic opportunities for mobile vendors; and
WHEREAS, the City Council finds that, because mobile vending is typically transient in nature, the City, law enforcement, and other health and safety regulators, are less able to hold mobile vending businesses accountable for health and safety violations than other businesses operating from fixed locations. Therefore, the City Council finds that it is necessary to establish regulations for the identification of applicants and restricting permits from those persons with records of certain criminal conduct that pose a threat to public safety; and
WHEREAS, the City Council finds that regulation of mobile vending is necessary as vendors have regular and routine access to children, often in secluded or unmonitored areas, so ensuring that no one is being authorized to operate in residential neighborhoods that is a threat to the health, safety, or welfare of the public or children is of paramount importance; and
WHEREAS, the City Council finds young people in the community are susceptible to: distraction while at school; being drawn away from school or to cross busy streets, thereby obstructing traffic and causing vehicular collisions with pedestrians; or to fraudulent business conduct. To promote the health, safety and welfare of children while they are near schools, it is necessary to regulate commercial activity near locations which have high concentrations of unsupervised youth, such as in the vicinity of schools before and after class hours; and WHEREAS, the City Council finds that there are unique geographic and historical characteristics of the City that prevent mobile vendors from operating in City streets adjacent to certain sidewalks and pedestrian pathways without detrimentally affecting the public health, safety, and welfare. Among these are City streets, sidewalks and pathways located in certain older portions of the City where the nature of the underlying use as a high pedestrian traffic area and/or access to designated historical buildings and/or structures are incapable of supporting both pedestrian traffic and mobile vendors. Further, mobile vendors that attract additional pedestrian traffic can inhibit the ability of disabled individuals, block building ingress/egress within these areas, particularly in the non-residential areas of the Downtown Specific Plan – Downtown Core District. In addition, mobile vending within the Downtown Specific Plan – Downtown Core District results in substantial potential for litter and damage caused by vendors and their patrons, which would be detrimental to the welfare of the community as the use and enjoyment of the most significant historical resource within the City of Brentwood would be degraded.

Furthermore, in order to preserve and promote economic viability consistent with

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Attachment 2

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Brentwood General Plan Economic Development Goal ED4 to “Emphasize Downtown as the thriving central gathering area of Brentwood that reflects the city’s unique character and heritage, and provides for a range of retail uses, services, and public areas,” the Downtown Specific Plan – Downtown Core District which contains many restaurants that attract customers, needs special consideration and protection from competing mobile vendors by generally prohibiting mobile vendors, except when approved as part of a Special Event Permit and/or Temporary Use Permit; and NOW, THEREFORE, the City Council of the City of Brentwood does ordain as follows:

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

SECTION 2. CEQA. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment since the proposed ordinance would only establish and clarify administrative processes and would not facilitate new construction or other groundbreaking activities. In addition to CEQA Guidelines Section 15061(b)(3), the proposed ordinance would also be exempt from the CEQA pursuant to CEQA Guidelines Section 15311(c) in that the proposed ordinance relates to the placement of seasonal or temporary use mobile food units, in generally the same locations from time to time in areas designed for public use. The City Clerk shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.

SECTION 3. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Brentwood hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 4. Amendment. The Brentwood Municipal Code is hereby amended to repealed and replace Chapter 5.68 (Mobile Vending) in its entirety with the revised Chapter 5.68 (Mobile Vending) as provided in Exhibit A1, attached hereto and incorporated herein.

SECTION 5. Effective Date. This Ordinance shall become effective March 1, 2025.

SECTION 6. Publication Date. This ordinance shall be published in accordance with Government Code Section 36933. The City Clerk is directed to cause

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the Municipal Code text to be entered in the Brentwood Municipal Code of the City of Brentwood to be modified accordingly.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the City Council of the City of Brentwood on the 22nd day of October 2024 by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

APPROVED
Joel R. Bryant
Mayor
ATTEST:

Amanda McVey
Interim City Clerk

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EXHIBIT “A1”
Chapter 5.68
MOBILE VENDING.

5.68.010 Purpose.

5.68.020 Definitions.

5.68.030 Permits Required.

5.68.040 Location and Siting Requirements.

5.68.050 Operating Regulations.

5.68.060 Suspension; Rescission.

5.68.070 Appeals to City Manager.

5.68.080 Violations; Penalties.

5.68.090 Severability.

Section 5.68.010 Purpose.

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

Section 5.68.020 Definitions.

For purposes of this Chapter, the following definitions apply:

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

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B. “City” means the City of Brentwood.

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

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

E. “Commissary” means a food facility that services mobile food facilities, mobile support units, or vending machines where any of the following occur: (1) food, containers, or supplies are stored; (2) food is prepared or prepackaged for sale or service at other locations; (3) utensils are cleaned; or (4) liquid and solid wastes are disposed, or potable water is obtained. A commissary may be considered in an underlying non-residential zoning district, if the commissary is an ancillary use to a primary permitted use on the property, and complies with all the requirements contained in Title 17 (Zoning) of the Brentwood Municipal Code.

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

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

H. “Long-term mobile vending facility” means a mobile vending facility that operates on a longer-term than allowed in Chapter 5.68, not short-term, basis, that is allowed by the underlying non-residential zoning district, is an ancillary use to a primary use on the property, or that can not meet all requirements as outlined in Chapter 5.68, and complies with all the requirements contained in Title 17 (Zoning) of the Brentwood Municipal Code.

I. “Mobile food facility” means any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. “Mobile food facility” does not include a “transporter” used to transport packaged food from a food facility, or other approved source to the consumer. It means any motor vehicle or device, including, but not limited to, cars, trucks, and vans, or any vehicle or device that is pushed, pulled, carried, towed or otherwise transported by a motor vehicle or device and equipped to store, prepare, serve, advertise, promote, offer, convey, barter, trade, solicit and/or sell food, foodstuffs, food products, and all associated wares, goods, and merchandise.

J. “Mobile vending” means the selling, advertising, promoting, offering, or soliciting to sell, convey, barter, or trade food, products, goods, merchandise, and/or services from a mobile food facility or mobile vending facility.

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

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

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

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

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

P. “Temporary special permit" means an event authorized by a permit issued by the City for the temporary use of, or encroachment on, the sidewalk or any other public area, including, but not limited to, an encroachment permit, special event permit, or temporary use permit under Chapter 17.850, for purposes including, but not limited to, filming, parades, or outdoor concerts.

Section 5.68.030 Permits Required.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3. Being a registered sex offender or having a conviction or plea of no contest in the previous five years of a crime as listed in subsection (C)(3) of this Section;

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

5. It is determined by the Community Development Director that the operation would not be operated in a compatible, efficient, harmonious, nuisance-free, orderly, and safe, manner at all times.

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

E. Except in cases of a long-term mobile vending facility or commissary, the term of each mobile vendor permit, unless sooner terminated, suspended or revoked, shall be valid for a calendar year: twelve (12) months, or fraction thereof, from the date of issuance. The term of a permit for a long-term mobile vending facility or commissary shall be specified under Title 17 (Zoning) of the Brentwood Municipal Code. Upon the expiration of such term, and consistent with the other provisions of this Chapter, the holder of such mobile vendor permit may renew the mobile vendor permit for one additional one-year term by submitting a new application, together with any fees that may be required, and by complying with all other terms of this article. All mobile vendor permits issued pursuant to this Section shall expire and have no further force and effect upon the date specified in the permit.

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

G. Any business tax certificate and/or mobile vendor permit issued pursuant to this Chapter shall be personal and shall not be assigned, transferred, sold or otherwise conveyed by the person to whom such permit has been issued to any other person; any such attempted assignment, transfer or conveyance shall immediately render such permit void.

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

Section 5.68.040 Location and Siting Requirements.

A. Generally
All mobile vending facilities shall be located so as not to impede safe movement of vehicular, bicycle or pedestrian traffic, and to maintain a clear line of sight for vehicles, bicycles and pedestrians. No mobile vending facilities shall be located so as to obstruct access to or circulation through any parking lot, or to obstruct access to any public sidewalk or alley. In addition, no commissary may be established without complying with all the requirements contained in Title 17 (Zoning) which may include obtaining a temporary use permit under Chapter 17.850.

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B. Private Property

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

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

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

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

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

6. A mobile vending facility on private property shall be a minimum of one hundred (100) feet from the main entrance to any eating establishment, outdoor dining area, or similar food service business, measured from the location of the mobile vending facility to the commercial structure, unless the mobile vending facility first obtains written permission from the business owner.

7. A mobile vending facility on private property shall be a minimum of three hundred (300) feet from any single-family residentially zoned property, measured from the location of the mobile vending facility to the residential structure.

8. A mobile vending facility may not vend on any private property within the Downtown Specific Plan – Downtown Core District unless approved as part of a Temporary Special Permit.

C. Public Right of Way

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

2. A mobile vending facility in operation within the public right of way shall be located as follows:

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a. A minimum of twenty-five (25) feet from any street
intersection controlled by a traffic light, crosswalk,
or stop sign.
b. A minimum of twenty-five (25) feet from any bus
stop.
c. A minimum of twenty-five (25) feet from any
pedestrian or vehicular entrance to any school
facility. The twenty-five (25) feet distance shall be
measured from the driveway or pedestrian walkway
which is closest to the mobile vending facility. This
prohibition may be waived for special events for
which the City issues a Temporary Special Permit, or
by written permission of the school district or any
other entity which operates the applicable school.
d. Any other reasonable locational requirements
deemed necessary by the City in order to protect the
public health and safety.
e. A minimum of one hundred (100) feet from the main
entrance to any eating establishment, outdoor
dining area, or similar food service business,
measured from the location of the mobile vending
facility to the commercial structure, unless the
mobile vending facility first obtains written
permission from the business owner.
f. A minimum of three hundred (300) feet from any
single-family residentially zoned property, measured
from the location of the mobile vending facility to the residential structure.

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

4. When parked in the designated parking area within the public right of way, a mobile vending facility may only serve customers from the adjacent sidewalk and shall not serve customers from the side of the vehicle closest to the motorized travel lanes of the street or an adjacent parking stall. This would prohibit service in angled parking stalls unless directly abutting a paved pedestrian pathway.

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5. A mobile vending facility that operates in the public right-of-way may not stop or park at a location on the street for any longer than allowed by parking restrictions on the street, but in any event may not operate the mobile vending facility for longer than three (3) hours, and shall not return to the same location, or a location within one thousand feet (1000 feet) of the location, within two (2) hours unless approved as part of a Temporary Special Permit.

6. To ensure that a mobile vending facility is ancillary and not a primary use, a mobile vending facility may only vend on a parcel containing a principal building and shall not park, operate, or be placed on a vacant parcel.

7. A mobile vending facility may not vend within the public right-ofway within the Downtown Specific Plan – Downtown Core District unless approved as part of a Temporary Special Permit.

Section 5.68.050 Operating Regulations.

To operate lawfully within the City, every mobile vendor must comply with the following standards unless approved as part of a Temporary Special Permit:

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

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

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

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

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

D. Outside of hours of active operations, mobile vending facilities shall be removed from the operating site, whether on private property or in the public rightof-way. Mobile vending facilities shall not be parked overnight at the location of operation nor at a residential property unless approved as part of a Temporary Special Permit. A mobile food facility must be stored at an approved commissary in accordance with the required permit from Contra Costa County. All commissaries within the City shall comply with all the requirements contained in Title 17 (Zoning) of the Brentwood Municipal Code.

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

9.32 (Noise Regulations) of the Brentwood Municipal Code.

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

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

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

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

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

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

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

L. Mobile vendors shall not vend alcohol, cannabis, adult-oriented material, tobacco products, products that contain nicotine, any product or device used to smoke/vape nicotine or cannabis, fireworks, or any weapons (including knives, air soft guns, pellet guns, paintball guns, or anything that may resemble a gun).

M. Except for long-term mobile vending facilities which are approved through a temporary use permit under Chapter 17.850 , mobile vending shall not occur on the

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same private property more than a cumulative four (4) days within a thirty-day period unless approved as part of Temporary Special Permit.

Section 5.68.060 Suspension; Rescission.

A. A mobile vendor permit issued under this Chapter may be suspended or rescinded by the City Manager for any cause that would have warranted denial thereof in the first instance, or for failure to comply with any of the provisions of this Chapter or any of the conditions of the mobile vendor permit, including but not limited to fraud or misrepresentation in the course of vending; fraud or misrepresentation in the application for the permit; or vending in a manner that creates a public nuisance or constitutes a danger to the public.

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

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

Section 5.68.070 Appeals to City Manager.

In the event that any applicant or permittee desires to appeal from any denial, suspension, rescission, order, or other ruling of the Director made under the provisions of this Chapter, such applicant, permittee, or other person aggrieved shall have the right to appeal such action or decision to the City Manager pursuant to Chapter 1.12 of this Code. The decision of the City Manager, or his or her designee, on the appeal shall be final and binding on all parties concerned.

Section 5.68.080 Violations; Penalties.

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

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

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

D. Nothing contained herein shall be construed to impede the City’s or County’s ability to enforce County Health Department codes and regulations.

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Section 5.68.090 Severability.

If any provision, clause, sentence or paragraph of this chapter, or application thereof to any person or circumstances, be held invalid by a court of law, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications of the chapter and, therefore, the provisions of this chapter are declared to be severable.

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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING A ZONING TEXT AMENDMENT TO THE
BRENTWOOD MUNICIPAL CODE (RZ 24-004), WHICH WOULD
AMEND CHAPTER 17.850 (TEMPORARY USE PERMITS) TO ADD

REGULATIONS RELATED TO MOBILE VENDING FACILITIES AND

COMMISSARIES
WHEREAS, City staff prepared a zoning text amendment (“the Ordinance”) that would amend Brentwood Municipal Code Chapter 17.850 (Temporary Use Permits) to add regulations related to Mobile Vending Facilities; and WHEREAS, the Ordinance would amend Title 17 (Zoning) of the Brentwood Municipal Code, and the Planning Commission is charged with reviewing amendments to said title prior to their consideration by the City Council; and WHEREAS, pursuant to the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote the public health, safety, and general welfare of its citizens, including mobile vending on both public and private property; and
WHEREAS, the City may regulate mobile food facilities operating in the rightof-way, pursuant to Vehicle Code section 22455 and Health and Safety Code section 114315; and
WHEREAS, vehicles that produce, prepare, cook, and carry food, foodstuffs, food products, and all associated wares and merchandise for purposes of sale on the public streets pose special danger to the public health, safety, and welfare of children and residents in the City; and
WHEREAS, the sale of food, foodstuffs, food products, and all associated wares and merchandise on public streets from vehicles can cause dangerous conditions on the City’s roads and streets through the congregation of large crowds and imposition of the flow of traffic on the public right-of-way. In addition, mobile vending from both public and private property creates the potential for increased safety hazards, such as, but not limited to: inhibiting the ability of disabled individuals and other pedestrians to follow a safe path of travel; interfering with the performance of police, firefighter, and emergency medical personnel services; encouraging pedestrians to cross mid-block or stand in roadways to purchase food; and creating obstacles and contributing to congestion for pedestrian, vehicle, and bicycle traffic; and
WHEREAS, the City has the authority to regulate the type of vending, and the time, place, and manner of vending from vehicles upon the street in order to promote public safety; and
WHEREAS, the City desires to regulate mobile vending, while also safeguarding the flow of pedestrian movement on public and private sidewalks and in the

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public right-of- way, and ensure no interference with the performance of police, firefighter, and emergency medical personnel services; and WHEREAS, the regulation of mobile vendors engaged in the sale of food and food products will help to ensure that mobile vendors obtain all necessary permits and comply with applicable sanitation, food preparation, and food handling laws, and thereby will protect the public health and safety against health problems such as food contamination, poor hygienic practices, and the threat of food poisoning; and WHEREAS, on August 23, 2024, the City gave public notice of a Planning Commission public hearing to be held to consider this Ordinance by advertisement in the Brentwood Press, a newspaper of general circulation; and WHEREAS, on September 3, 2024, the Planning Commission held a dulynoticed public hearing to consider the staff report, recommendation by staff, and public testimony concerning this Ordinance. Following the public hearing, the Planning Commission voted to recommend that the City Council adopt the proposed Ordinance by a vote of 5-0; and
WHEREAS, the City published a notice of public hearing in the Brentwood Press on October 11, 2024, in accordance with City policies and Government Code Section 65090; and
WHEREAS, on October 22, 2024, the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration by the City’s Planning Commission; and WHEREAS, this amendment is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment since the proposed ordinance would only establish and clarify administrative processes and would not facilitate new construction or other groundbreaking activities. In addition to CEQA Guidelines Section 15061(b)(3), the proposed ordinance would also be exempt from the CEQA pursuant to CEQA Guidelines Section 15311(c) in that the proposed ordinance relates to the placement of seasonal or temporary use mobile food units, in generally the same locations from time to time in areas designed for public use.

WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

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

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

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SECTION 2. CEQA. Pursuant to California Environmental Quality Act (“CEQA”) Section 15061(b)(3) of the CEQA Guidelines, this project is exempt from CEQA as it applies only to projects which have the potential for causing a significant effect on the environment, and it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment since the proposed ordinance would only establish and clarify administrative processes and would not facilitate new construction or other groundbreaking activities. In addition to CEQA Guidelines Section 15061(b)(3), the proposed ordinance would also be exempt from the CEQA pursuant to CEQA Guidelines Section 15311(c) in that the proposed ordinance relates to the placement of seasonal or temporary use mobile food units, in generally the same locations from time to time in areas designed for public use.

SECTION 3. Rezoning. Brentwood Municipal Code Section 17.870.008 provides:

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

The zoning text amendments set forth in Exhibit A1 are consistent with the General Plan, as amended from time to time, insomuch as they are responsive to the changing needs of the local businesses and community. The amendments are consistent with Brentwood General Plan Economic Development Goal ED 1 to “Establish and maintain a healthy, balanced approach to economic development that encourages a diversity of businesses which provide employment, services, and goods.” In addition, the zoning text amendments will help to regulate the type of vending, and the time, place, and manner of vending from vehicles upon the private property and public streets in order to promote public safety.

SECTION 4. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Brentwood hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 5. Amendment. The Brentwood Municipal Code is hereby amended to update Brentwood Municipal Code Chapter 17.850 (Temporary Use Permits) as provided in Exhibit A1, attached hereto and incorporated herein.

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Revisions to existing sections are reflected in strikethrough for deletions and underline for additions.

SECTION 6. Effective Date. This Ordinance shall become effective March 1, 2025.

SECTION 7. Publication Date. This ordinance shall be published in accordance with Government Code Section 36933. The City Clerk is directed to cause the Municipal Code text to be entered in the Brentwood Municipal Code of the City of Brentwood to be modified accordingly.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the City Council of the City of Brentwood on the 22nd day of October 2024 by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

APPROVED
Joel R. Bryant
Mayor
ATTEST:

Amanda McVey
Interim City Clerk

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EXHIBIT “A1”
Chapter 17.850

TEMPORARY USE PERMITS
§ 17.850.001 Purpose.

This chapter establishes procedures and standards for the granting of temporary use permits for short-term activities on private property. Compliance with applicable standards ensures that the establishment, maintenance, or operation of the shortterm activity would not be detrimental to the public health, safety, and welfare of persons residing or working in the neighborhood of the proposed activity. § 17.850.002 Applicability of provisions.

This chapter shall apply to those uses for which a temporary use permit is required by the zoning ordinance.
§ 17.850.003 Temporary use defined.

A temporary use is defined as "a short-term activity established for a fixed period of time on private property, with the intent to discontinue such use upon the expiration of the permitted time period that does not meet the normal development or use standards of the applicable zone." This definition does not include "special events," as those are defined and regulated in accordance with Title 7. § 17.850.004 Temporary use permit required.

A temporary use shall not be conducted, established, or operated in any manner without the approval and maintenance of a valid temporary use permit in compliance with this chapter, unless otherwise exempt under the provisions of this chapter. § 17.850.005 Review authority.

A. Temporary use permits shall be reviewed and approved or denied administratively by the community development director, in compliance with this chapter.

B. The community development director may refer any permit to the planning commission.

C. The decision of the community development director or planning commission regarding a temporary use permit shall be final, subject to appeal in compliance with Chapter 17.880 (Appeal).

D. No public hearing is required before the community development director's decision on a temporary use permit. A public hearing shall, however, be required for any permit that is referred by the community development director to the planning commission.

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§ 17.850.006 Exempt temporary uses.

The following temporary uses are allowed without the necessity of obtaining a temporary use permit:

A. Construction Yards—On-Site. On-site contractors' construction yards, including one manufactured unit for temporary office use during normal business hours, for an approved construction project that is within the city. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the building permit authorizing the construction project, whichever occurs first.

B. Emergency Facilities. Emergency public health and safety needs/land use activities, as determined by the city manager.

C. Events on Sites Approved for Public Assembly. An event on the site of, or within, a golf course, meeting hall/facility, school, theater, or other similar facility designed, and approved by the city for public assembly.

D. Fund-Raising Car Washes.

1. Car washes on property within a nonresidential zone, limited to a maximum of two days per month for each sponsoring organization.

2. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with Section 501(c) of the Federal Revenue and Taxation Code.

E. Garage Sales. Garage sales, not to exceed three per year and two consecutive days.
§ 17.850.007 Allowed temporary uses.

The city, through the community development director, may grant a temporary use permit for the following temporary uses on nonresidential properties or on private properties approved with an institutional use, for the specified time limits, but in no event for more than twelve months, except model home complexes and construction yards, which may be approved for any length of time, provided the community development director finds that the use meets any conditions or requirements set forth herein and that the use will not be detrimental to the public health, safety and welfare of persons residing or working in the neighborhood of the proposed activity.

Other temporary uses that do not fall within the categories defined below shall instead comply with the planning permit requirements and development standards that otherwise apply to the property.

A. Agricultural Produce Sales. Retail sales of agricultural produce at produce stands or in a certified farmer's market.

B. Construction Yards—Off-Site. Off-site offices, contractors' construction, corporation, or storage yards for an approved construction project that is within

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the city. The yards shall be removed immediately upon completion of the construction project, or the expiration of the building permit authorizing the construction project, whichever occurs first.

C. Events. Animal rides, art and craft exhibits, bike rodeos, car shows, carnivals, circuses, concerts, egg hunts, fairs, farmer's markets, festivals, flea markets, food events, holiday events, runs, marathons, walk-a-thons, and bike-a-thons or similar activities, open air theaters but excluding drive-in theaters, outdoor entertainment/sporting events, parades, petting zoos, processions, rallies, religious revivals, rodeos, rummage sales, runs, secondhand sales, swap meets, and other similar special events for up to five consecutive days, or six two-day weekends, or twelve individual days, within a twelve-month period, allowed only on non-residentially zoned properties, or on private properties approved with an institutional use.

D. Location Filming. The temporary use of a specific site for the location filming of commercials, movies, videos, etc., for the time specified by the community development director, but not to exceed twelve months.

E. Model Homes. A model home or model home complex may be authorized before the completion of subdivision improvements in compliance with the following standards:

1. Provisions for suitable off-street parking with adequate ingress and egress to serve the model home complex.

2. Provision of suitable landscaping to enhance the model home complex.

3. When the builder submits an application for the final permits to build on the lots utilized for the model home complex, the parking lot and trap fences shall be removed and the driveway slabs shall be poured in front of each of the garages of all model homes. This will require the removal of all landscaping in front of the garages for the model homes.

4. The poured driveway slabs and on-street parking will temporarily serve as the required parking for the model home complex and the sales office may remain in the model until all models in the subdivision have been sold.

5. The sales office shall be converted back to residential use and/or removed before the issuance of the final building permit.

6. The review authority may require other conditions of approval deemed necessary to protect the public health, safety, and general welfare of persons residing or working in the neighborhood.

F. Outdoor Retail Sales within Nonresidential Zones.

1. Sales of merchandise customarily sold on the premises by an established business physically located and doing business at the same location as the

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temporary use. The sales of merchandise are limited to four events per calendar year per business conducting the sale, not exceeding four consecutive days per event.

2. Sales of merchandise not customarily sold on the premises, when the sales will be by an established business physically located and doing business in the city. The entity conducting the temporary sale shall dedicate all retail sales tax collected at the sale to accrue to the city. The sales are limited to four events per calendar year per business conducting the sale, not exceeding four consecutive days per event.

G. Pyrotechnics. Events proposing the use of pyrotechnics.

H. Seasonal Sales Lots. Seasonal sales lots (e.g., Halloween, Thanksgiving, Christmas, etc.) including temporary residence/security trailers on nonresidentially zoned properties. However, a permit shall not be required when the sales are in conjunction with an established commercial business holding a valid city business license, or produce stands or farmer's markets; provided, the activity shall be limited to forty-five days of operation per calendar year.

I. Temporary Occupancy During Construction.

1. Major Development Projects. Temporary structures on the subject property may be used during the construction phase of an approved major development project (e.g., residential projects with five or more dwelling units or any commercial or industrial project). The structures or property may be used as offices or for the storage of equipment and/or tools, provided the temporary structures and the project itself are located within the city.

2. Minor Development Projects. An existing dwelling unit or a temporary structure on the subject property may be used during the construction phase of an approved minor development project (e.g., residential projects with four or fewer dwelling units). The structure or property may be used as a temporary residence, an office, or for the storage of equipment and/or tools.

3. Appropriate Conditions. The temporary use permit shall contain reasonable and necessary conditions regarding the following matters:
a. Required permits for the provision of sewer, gas, electricity and water services.
b. Provisions for adequate ingress and egress.
c. Provisions for the work to be performed on-site.
d. Provisions for the storage of asphalt, concrete, and dirt at designated sites within the subject property; provided, the applicant furnishes a schedule, acceptable to the community development director, for the periodic disposal or recycling of these materials.

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e. Provisions designed to minimize potential conflicts between the work to be performed on-site and the ordinary business and uses conducted within the city.
f. Length of Permit. The permit may be approved for up to twelve months following the issuance of the companion building permit, or upon completion of the subject development project, whichever occurs first. g. Condition of Site Following Completion. All temporary structures and related improvements shall be completely removed from the subject site following expiration of the temporary use permit or upon completion of the development project, whichever occurs first.

J. Temporary Real Estate Sales and/or Rental Offices. A temporary real estate sales and/or rental office may be established within the area of an approved subdivision, solely for the first sale or rental of homes or units, provided a temporary use permit has been approved for the model home complex and construction of the model homes is being diligently pursued in compliance with subsection E of this section (Model homes). An application for a temporary real estate office may be approved for a maximum of twelve months from the date of approval.

K. Temporary Work Structures/Trailers. A temporary classroom, office, or similar structure, including a manufactured or mobile unit, may be approved for a maximum of twelve months from the date of approval, as an accessory use or as the first phase of a development project provided:

1. The use is authorized by a building permit for the mobile unit or trailer, and the building permit for the permanent structure;

2. The use is appropriate because:
a. The mobile unit or trailer will be in place for a maximum of twelve months during construction or remodeling of a permanent approved commercial type structure, or upon expiration of the building permit for the permanent structure, whichever occurs first, or
b. The applicant has demonstrated that the temporary work site is a shortterm necessity for a maximum of twelve months, while a permanent work site is being obtained; and

3. The mobile unit or trailer is removed before final building inspection or the issuance of a certificate of occupancy for the permanent structure.

L. Long-Term Mobile Vending Facilities. A Long-Term Mobile Vending Facility as defined in Chapter 5.68 may be approved for a maximum of twelve months from the date of approval, on private property so long as it is an ancillary use to a permitted use in the zone where the mobile vending is conducted in compliance with the following standards:

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1. Setbacks. Long-term mobile vending facilities must be located at least five feet from the edge of any driveway or public sidewalk, utility boxes and vaults, accessible ramp, building entrance, exit or emergency access/exit way, or emergency call box and be located a minimum distance of 15 feet in all directions of a fire hydrant.

2. Parking Requirements. Long-term mobile vending facilities are only permitted to be parked in a designated parking space(s) on a paved surface outside any designated fire lane. The mobile vending facility and associated seating, if any, shall also be located outside any parking or loading space that is required to fulfill the minimum parking requirements for the principal use on the property, during the principal use's hours of operation.

3. Seating Requirements. All associated tables, seating, and/or shade structures shall be removed at the end of each business day and shall not be permanently erected outside of the mobile vending facilities business hours. In addition, all associated furnishings shall be maintained in a clean manner such that it does not create an unsightly appearance.

M. Commissary. A Commissary as defined in Chapter 5.68 may be approved for a maximum of twelve months from the date of approval, on private property so long as it is an ancillary use to a permitted use in the zone where the commissary is conducted in compliance with the following standards:

1. All associated mobile vending facilities approved to be on the site of a commissary must be directly owned or operated by the commissary.

2. Number of Mobile Vending Facilities per Commissary. No more than two mobile vending facilities may be approved through the Temporary Use Permit process for each commissary.

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Attachment 2

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facility and associated seating, if any, shall also be located outside any parking or loading space that is required to fulfill the minimum parking requirements for the principal use on the property, during the principal use's hours of operation.

4. County Approval. Prior to operating, a commissary shall obtain a commissary permit issued by Contra Costa County, if applicable.

L. N. Similar Temporary Activities. A temporary activity that the community development director determines is similar to the other activities listed in this section, and compatible with the applicable zone and surrounding land uses. § 17.850.008 Minor temporary use permit.

Allowed temporary uses, as defined in Section 17.850.007, including annual renewals for long-term mobile vending facilities and commissaries and occurring entirely upon private property not zoned for residential use or on private property with an approved institutional use and located within an existing development of sufficient size to provide adequate space, circulation and parking for the anticipated attendance, as determined by the community development director, may be permitted with a minor temporary use permit for any time period less than twelve months as approved by the community development director. With the exception of annual renewals for longterm mobile vending facilities and commissaries, which must continue to follow regulations as outline in Section 17.850.007(L and M), all minor temporary use permit approvals may be permitted if the applicant can demonstrate that the following performance standards are met:

A. A minor temporary use permit application shall be completed and submitted to the community development director for approval prior to the start of the shortterm activity.

B. Hours of operation are limited to seven a.m. to ten p.m. daily.

C. Adequate parking for the anticipated attendance shall be provided.

D. All trash generated by the use shall be picked up both on- and off-site at the end of each event.

E. The applicant shall obtain county health department approval and submit such documentation with the application for any food service beyond what is allowed for existing permitted businesses on-site.

F. No consumption or sales of alcohol shall be allowed as part of the event, other than as permitted within existing businesses licensed by the California Department of Alcoholic Beverage Control located within the shopping center.

G. Any amplified sound used at the event or other noise generation activities shall be subject to Chapter 9.32 (Noise Regulations) of the Brentwood Municipal Code.

H. No additional lighting is allowed.

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Attachment 2

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I. Adequate provision for safety and security measures shall be provided. The applicant shall be responsible for ensuring the safety and welfare of the attendees, as determined by the chief of police or designee. The police department may close the event due to failure to satisfy conditions of the permit.

J. Prior to the event, the applicant shall provide a statement to the city stating that the organizers of the event agree to indemnify, hold harmless, and defend the city, its officers, agents and employees from any and all liability or claims that may be brought against the city arising out of its approval of the minor temporary use permit, or arising out of the operation of the use or uses allowed under the permit, save and except that caused solely by the city's active negligence.

K. The applicant shall adhere to all building and fire codes and obtain any necessary permits and inspections prior to the event.

L. The applicant shall make a good faith effort to work with city staff in addressing any concerns that arise relating to the placement or operation of the event. § 17.850.009 Development standards.

The community development director shall review temporary use permits based on conformance to the following standards and the type of temporary use, using the requirements of the applicable zone, and Chapter 17.820 (Design and Site Development Review) and the specific site zoning standards for guidance:

A. Provision for access, floor areas, landscaping, utilities, and other structure and property development improvements and features.

B. Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this title.

C. Unless an alternative time period is specified in Section 17.850.007 (Allowed temporary uses), provision for a fixed period not to exceed twelve months for all temporary uses or structures. The community development director may grant time extensions, provided such time extension is clearly demonstrated as necessary, and regulate operating hours and days.

D. Provision for parking facilities, including vehicular ingress and egress.

E. Regulation of potential nuisance factors (e.g., dirt, dust, glare, light, noise, odors, smoke, and vibration).

F. Regulation of temporary structures and facilities, including buffer areas, height, location of equipment, placement, setbacks, and size.

G. Provision for sanitary facilities.

H. Provision for waste collection and disposal.

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Attachment 2

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I. Provision for safety and security measures. The chief of police may close the event due to failure to satisfy conditions of the permit.

J. Regulation of signs.
§ 17.850.010 Conditions of temporary use permit approval.

Temporary use permits shall include the following conditions of approval:

A. Provision of a certificate of insurance acceptable to the city's risk manager.

B. Submission of a performance bond or other surety devices, if necessary, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition, to the satisfaction of the community development director.

C. Prior to the event, the applicant shall provide a statement to the city stating that the organizers of the event agree to indemnify, hold harmless, and defend the city, its officers, agents and employees from any and all liability or claims that may be brought against the city arising out of its approval of the minor temporary use permit, or arising out of the operation of the use or uses allowed under the permit, save and except that caused solely by the city's active negligence.

D. Each site occupied by a temporary use shall be cleaned of debris, litter, or other evidence of the temporary activity on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this title.

E. Other conditions determined by the community development director to ensure the operation of the proposed temporary use in a compatible, efficient, harmonious, nuisance-free, orderly, and safe, manner.
§ 17.850.011 Revocation.

A temporary use permit or minor temporary use permit may be revoked or modified by the community development director when it is determined that any of the following occurs:

A. That circumstances have changed so that one or more of the provisions of this chapter are not being met or complied with.

B. That the temporary use permit was obtained by misrepresentation or fraud.

C. That one or more of the conditions of approval of the temporary use permit have not been met.

D. That the use is in violation of any statute, ordinance, policy, law or regulation.

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CITY COUNCIL AGENDA ITEM NO. G.1
10/22/2024
SUBJECT: Second Reading of an Ordinance Implementing a Modification to the Brentwood Municipal Code to allow Pad-Mounted
Transformers within Development Projects.

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

TITLE/RECOMMENDATION
Staff recommends that the City Council waive the second reading and adopt Ordinance No. 1077 of the City Council of the City of Brentwood, approving a modification to Brentwood Municipal Code Section 16.120.120, allowing Permittees to install pad-mounted transformers within development projects in certain circumstances, while the City monitors the nationwide supply chain issues related to underground transformers.

The proposed permanent ordinance is not an action subject to the California Environmental Quality Act (CEQA), as the action has no potential for resulting in physical change to the environment. (14 Cal. Code. Regs. § 15358.) Further, adoption of the permanent ordinance is exempt under CEQA because it 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 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.

Should the City Council not adopt the permanent ordinance, the previously adopted interim urgency ordinance allowing Permittees to install pad-mounted transformers within development projects is set to expire on March 26, 2025.

Should the City Council not adopt the permanent ordinance there would be a fiscal impact relating to developers pausing projects resulting in a loss of fees and revenues.

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CITY COUNCIL AGENDA ITEM NO. G.1
10/22/2024

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.

As 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 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.

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.

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CITY COUNCIL AGENDA ITEM NO. G.1
10/22/2024
The design of electrical distribution systems, which includes electric transformers for residential developments, must comply with general safety, accessibility, and environmental standards as outlined by State regulations such as the California Electrical Code, Fire Code, and Building Code. PG&E is responsible for planning, designing, and engineering its service facilities using company standards for design, materials, and construction. These standards focus on safety, accessibility, voltage limits, and installation requirements rather than specific size restrictions for transformers in residential or commercial settings.

Staff has researched various other City requirements throughout the Bay Area and Southern California and was not able to find an example of another City with a size restriction on transformers.

Staff has verified the pad-mounted residential transformer dimensions found in neighboring cities have dimensions roughly 34-inches x 37-inches x 25-inches (length x width x height) which is consistent with what would be expected for residential development in Brentwood and are rated to provide between 15 kiloVolt-Amps (kVA) to 50 kVA of electricity to homes which is typical for residential development.

Based on the City Council’s direction, staff is including a restriction to on padmounted transformers to not exceed a height of 26-inches when placed on or between residential lots.

On October 8, 2024, the City Council considered the propose ordinance. After deliberation, the City Council, with a vote of 3-1, introduced and waived the first reading of Ordinance No. 1077 with direction to staff to change the sunset date for City Engineer authority to waive the underground transformer requirement to December 31, 2025.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

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CITY COUNCIL AGENDA ITEM NO. G.1
10/22/2024

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
The permanent ordinance is not an action subject to the California Environmental Quality Act (CEQA), as the action has no potential for resulting in physical change to the environment. (14 Cal. Code. Regs. § 15358.) Further, adoption of the permanent ordinance is exempt under CEQA because they will not cause a change in any of the physical conditions within the area affected by the ordinance. (14 Cal. Code Regs. § 15061(b)(3).)

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

1. Do not approve staff’s recommendation. The interim urgency ordinance will continue to be in effect until March 26, 2025. Thereafter or unless otherwise extended, residential and commercial builders 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. Permanent Ordinance Amending BMC Section 16.120.120

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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.

On May 8, 2024, by Ordinance No. 1074, the City Council adopted an extension of 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.

On October 8, 2024, by Ordinance No. 1077, the City Council adopted an ordinance approving a modification to the Brentwood Municipal Code Section 16.120.120, allowing Permittees to install pad-mounted transformers within development projects in certain circumstances, while the City monitors the nationwide supply chain issues related to underground transformers

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ORDINANCE NO. 1077

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. 1074.

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. 1074, extending Urgency Ordinance No. 1072 for a period of an additional 10 months and 15 days; and
WHEREAS, on October 8, 2024, the City Council introduced and waived the first reading of Ordinance No. 1077 modifying Brentwood Municipal Code Section

16.120.120, allowing Permittees to install pad-mounted transformers in certain

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circumstances, while the City monitors the nationwide supply chain issues for underground transformers; 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. 1074 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 8th day of October 2024 by the following vote:

And was adopted at a regular meeting of the Brentwood City Council on the 22nd day of October, 2024, by the following vote:

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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.

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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 and any such equipment proposed on residential lots shall not exceed 26-inches in height.

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 and any such equipment proposed on residential lots shall not exceed 26-inches in height.
c. The City Engineer’s authority to waive such requirement shall sunset on December 31, 2025, 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

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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)

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CITY COUNCIL AGENDA ITEM NO. G.2
10/22/2024
SUBJECT: Receive update and provide direction on ongoing implementation of action items from the General Plan’s Conservation and Open Space Element
DEPARTMENT: Community Development
STAFF: Alexis Morris, Director of Community Development Erik Nolthenius, Planning Manager

TITLE/RECOMMENDATION
Receive update and provide direction on implementation of action items from the General Plan’s Conservation and Open Space Element that were previously identified as priorities.

FISCAL IMPACT
The FY 2024/25 – FY 2025/26 Operating Budget includes a $115,000 Strategic Plan budget for the estimated cost of implementing certain action items contained within the Conservation and Open Space Element prioritized by the City Council.

BACKGROUND
CITY COUNCIL DISCUSSION IN 2021, 2022, AND 2023
Following City Council discussion about implementation of the General Plan’s Conservation and Open Space Element in October and December of 2021, staff reviewed the various action items to determine status and, for those not yet complete, prepare a preliminary estimate of the staff time and/or cost to do so.

The City Council then discussed implementation in more detail in February 2022.

While that discussion touched on what actions could be implemented relatively quickly with minimal cost, there was no consensus on how to prioritize them. Rather, recognizing the significant amount of information involved, the City Council directed staff to return at a future meeting for a more detailed discussion. The majority of the City Council’s discussion at that time focused on how to protect parks and open space from future development, and Council subsequently directed staff to in expedited fashion prioritize time and resources in the preparation of Measure Q and its adoption by the voters in November 2022.

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CITY COUNCIL AGENDA ITEM NO. G.2
10/22/2024
In November 2023, the City Council again reviewed the action items and ultimately prioritized implementation of eight items, with four items to be implemented in the near-term (mid-2024) and the other four items to be brought back for further discussion at a later date.

ITEMS TO BE IMPLEMENTED IN THE NEAR-TERM (MID-2024)
The four action items listed below have been implemented and relate to providing additional information on the City’s website, as well as incentives for using recycled water. A brief note is included at the end of each.
 Action COS 4i: Provide a conservation page (or similar page) on the City’s website that provides links to resource agencies (i.e., CDFW, USFWS, USACE, etc.) and provides information regarding local and regional conservation and environmental programs, to the extent that the City has readily available information.

Note: This action item is complete. The Conservation and Open Space page can be accessed here.
 Action COS 8f: Provide a conservation page (or similar page) on the City’s website that provides links to resource agencies (i.e., CARB, BAAWMD, EPA, etc.) and provides information regarding local and regional conservation and environmental programs, to the extent that the City has readily available information, including methods for pollution prevention such as reduced air pollutant and greenhouse gas emissions through use of alternative forms of transportation (i.e., bicycling, pedestrian, transit), through reducing woodburning activities using EPA-certified wood-burning devices, etc.

Note: This action item is complete. The Conservation and Open Space page can be accessed here. This tool provides the public with easy links to (a) local and regional conservation and environmental programs, (b) state and federal conservation resources, and (c) environmental hazards protection resources.  Action COS 9f: Provide a conservation page (or similar page) on the City’s website that provides links to resource agencies and provides information regarding local and regional conservation and environmental programs, to the extent that the City has readily available information, including recycling

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CITY COUNCIL AGENDA ITEM NO. G.2
10/22/2024
guidance for single family residences, businesses, and apartments, opportunities for reuse of materials, a description of how to compost, and a description of methods to reduce water use, such as appropriate reuse and recycling of water, water conservation measures, and xeriscaping.

Note: This action item is complete. The Conservation and Open Space page can be accessed here. It includes information on Brentwood programs regarding composting at home, water conservation, and recycled water, as well as links to all of the resources noted above.
 Action COS 9d: Develop and provide incentives to developers and businesses that use reclaimed water and other non-potable water for landscaping.

Note: This action item is complete. An incentive is built-in given the significant cost savings compared to using potable water for landscaping. The use of recycled water is further encouraged by State regulations (AB 1572), which prohibit the use of potable water to irrigate nonfunctional turf on commercial, industrial, and institutional properties.

ITEMS TO BE BROUGHT BACK FOR FURTHER DISCUSSION
The four items listed below were identified by the City Council to be brought back for further discussion to review implementation status, with consideration given to schedule and budget. Notes are included at the end of each.  Action COS 3c: Develop CEQA Thresholds of Significance to assist staff, project applicants, and decision-makers in determining whether a project may have a significant effect on the environment under Section 21082.2 of the California Environmental Quality Act (CEQA).

Note: Work on this action item has not yet begun. It would include a collaborative effort between departments (and outside legal counsel), a significant amount of staff time, and potentially the use of a consultant to assist with preparing the thresholds. It is estimated that this effort would take several (6-9) months to complete with a cost of at least $35,000. The cost of completing this item may be adjusted if the Council decides to pursue adopting a set of City-specific VMT standards (separate item on the October 22, 2024 agenda).

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CITY COUNCIL AGENDA ITEM NO. G.2
10/22/2024
 Action COS 4f: Explore revising Title 17 (Zoning) of the Brentwood Municipal Code to include standards for creek setbacks and the protection of riparian habitat along creek corridors. The standards should include minimum setback requirements, site design standards, and requirements for the ongoing maintenance of creek and riparian habitat on public and private lands.

Note: The City Council recommended that this action item be included in the Focused Zoning Ordinance Update. After further consideration and analysis of the existing guidelines and resources, staff determined that although not currently incorporated into Title 17 (Zoning), the City requires substantial creek setbacks and riparian habitat protections through its participation in the East Contra Costa County Habitat Conservation Plan Association (HCPA), a Joint Powers Authority that includes the City of Brentwood. All new projects adjacent to creeks and sensitive riparian habitats are required to gain approval through the HCPA, which established a coordinated, regional approach to conservation and regulation of endangered species. Under the Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP), the U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife have provided regional permits to the cities of Brentwood, Clayton, Oakley, and Pittsburg, as well as Contra Costa County.

Staff recommends that these existing requirements simply be reaffirmed through the ongoing efforts with the Focused Zoning Code Update and the Objective Design Standards by reference. No new standards are proposed at this time, since the existing standards have already been reviewed and vetted by the U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife. Given the ease with which these standards would be referenced, it is estimated that no additional funding would be required and it would be completed within the next six months, concurrent with completion of the Focused Zoning Code Update and the Objective Design Standards.  Action COS 6b: Develop guidelines for remodels of potentially historic residential structures to ensure that the character and individuality of such residences is maintained. The guidelines should address (1) design styles, age of home, and other criteria to determine applicability of the guidelines; (2) exterior features that are important and covered by the guidelines (e.g., siding and exterior finishes, windows, doors, roofs, porches, garages, outbuildings, and streetscapes); (3) standards for modifications and renovation, including the extent of changes that can occur; and (4) activities that are exempt from

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CITY COUNCIL AGENDA ITEM NO. G.2
10/22/2024
the guidelines, such as interior improvements and routine maintenance and repair.

Note: The City Council recommended that this action item be included in the Objective Design Standards work program. After further consideration and examination of historic homes and resources within the city, staff notes that completion of this action item would be more appropriate in conjunction with any future update to the Downtown Specific Plan, or independent of it, where the majority of the historic homes and structures in the city are located. It would include a collaborative effort between departments (and outside legal counsel), a significant amount of staff time, and potentially the use of a consultant to assist with preparing the guidelines. It is estimated that this effort would take several (6-9) months to complete with a cost of at least $30,000.

CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 4: Community Development:

2.a. Develop implementation plan for General Plan Conservation and Open Space policies to minimize impacts on the environment

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)
None identified.

ATTACHMENT(S)

1. Previous Action

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PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the City Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.  On October 26, 2021, the Council discussed a future agenda item brought forward by Council Member Meyer related to implementation of the General Plan’s Conservation and Open Space Element. At that time, the Council unanimously directed staff to add this item to the Strategic Plan process with an emphasis on prioritizing those actions remaining to be implemented. They also requested bringing the item back to the Council for a more in-depth discussion in February 2022, if feasible based on current workload of staff and Council.
 On December 1, 2021, the Council held a daylong workshop to discuss the Strategic Plan. At that time, staff made a comprehensive presentation with respect to, among other things, proposed goals and initiatives to be included in the Strategic Plan. One of the initiatives proposed by the Community Development Department was to “Protect Natural and Agricultural Resources.” This included the development of an implementation plan for the General Plan’s Conservation and Open Space Element, consistent with the direction provided on October 26, 2021 along with prioritizing remaining actions within their respective time frames and their associated cost.  On February 22, 2022, the Council conducted a brief review of the Conservation and Open Space Element actions as part of a business item, but directed staff to return at a future meeting for a more detailed discussion.
 On November 14, 2023, the Council reviewed and discussed the action items contained within the Conservation and Open Space Element. Ultimately, the Council prioritized implementing action items COS 4i, COS 8f, COS 9f, COS 4f, COS 6b, COS 3c, and COS 9d.

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CITY COUNCIL AGENDA ITEM NO. I.1
10/22/2024
SUBJECT: Planning Commission request regarding establishment of pervious surface requirements or guidelines for new projects DEPARTMENT: Community Development
STAFF: Erik Nolthenius, Planning Manager
Alexis Morris, Director of Community Development
Allen Baquilar, Director of Engineering

TITLE/RECOMMENDATION
Provide staff direction on whether to spend time and resources on the Planning Commission’s request.

FISCAL IMPACT
The fiscal impact associated with this item is approximately $15,000 and would be the responsibility of the General Fund. This includes outside legal review and assistance in preparing an update to Brentwood Municipal Code Section 14.20.050, stakeholder workshops and meetings.

BACKGROUND
On July 2, 2024, Planning Commissioner Johnson requested a future agenda item regarding the establishment of pervious surface requirements or guidelines for new projects. On August 6, 2024, Commissioner Johnson explained the request in more detail. The request stems from recent project-specific discussions about the use of pervious surfaces to satisfy stormwater treatment requirements. After taking public comment, the Planning Commission deliberated and voted unanimously to request that the City Council direct staff to study the establishment of pervious surface requirements or guidelines.

Per Brentwood Municipal Code Section 14.20.050 (‘Stormwater Control Plan Required’), every application for a development project, including, but not limited to, a rezoning, tentative map, parcel map, conditional use permit, variance, site development permit, design review, or building permit that is subject to the development runoff requirements in the City’s National Pollutant Discharge Elimination System (NPDES) permit must be accompanied by a stormwater control

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10/22/2024
plan that meets criteria in the most recent version of the Contra Costa Clean Water Program (CCCWP) Stormwater C.3. Guidebook.

The current version of the C.3 Guidebook requires regulated projects to meet the following goals:
 Reduce Stormwater Runoff: Minimize the quantity of stormwater runoff from new developments and redevelopment projects.
 Improve Water Quality: Ensure that stormwater is treated before it enters waterways, reducing pollutants like sediment, metals, oils, and chemicals.

The C.3 Guidebook provides a menu of low-impact design (LID) strategies aimed at maintaining or restoring the natural hydrologic functions of a site. LID design detains, treats, and infiltrates runoff by minimizing impervious area, using pervious pavements and green roofs, dispersing runoff to landscaped areas, and routing runoff to rain gardens, cisterns, swales, and other small-scale facilities distributed throughout a site.

Pervious surfaces include pervious concrete, pervious asphalt, porous pavers, and granular materials for roadways, sidewalks, or plazas that are designed to infiltrate runoff to the underlying soil rather than diverting the runoff to be treated at a bioretention basin.

The cost to install pervious surfaces are approximately three times higher than standard asphalt and concrete due to the specialized materials (such as material with void spaces) and specialized certification required to ensure proper installation.

Pervious surfaces are not recommended on certain sites. For example, they are not suggested for sites that contain clay soils due to soil expansion and contraction during wet and dry seasons, which results in a breakdown of the pervious surface. In addition, installation of pervious pavement on sloped sites requires special design features to prevent flooding/ponding at low points. Therefore, pervious surfaces would not be an available option for all projects.

Due to the specialized nature of pervious surfaces, the City Engineer has not adopted this material as an acceptable standard material within the public right of way.

Pervious surfaces require specialized and more frequent maintenance and have a shorter lifespan than standard impervious surfaces which would affect the ability to adequately maintain City infrastructure without additional funding. Therefore,

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10/22/2024
residential projects that propose pervious streets have typically been required to form Homeowners’ Associations for maintenance.

Lastly, with the latest update to the C.3 Guidebook on July 19, 2024, projects within Brentwood that create or replace an acre or more of impervious surface are now subject to Hydromodification Management (HM) required to control stormwater runoff intensities and durations to reduce the potential for downstream erosion of natural creeks and rivers. This typically requires projects to include on-site detention basins or underground vault systems precludes other uses, such as parks, over or within these stormwater facilities.

In summary, C.3 Guidelines encourage pervious surfaces in projects, however, it may not be the recommended LID strategy for all projects due to the specialized nature, higher cost to design, build and maintain, and site specific conditions (i.e. slope and soil). Also, with the recent requirement for HM, a basin or other detention facility would still be required for projects which would similarly limit space available that would otherwise be available due to pervious pavements for additional units, park or open space within developments.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Not Applicable.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)
Do not direct staff to spend time and resources on this Planning Commission request at this time.

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CITY COUNCIL AGENDA ITEM NO. I.1
10/22/2024

ATTACHMENT(S)
None.

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CITY COUNCIL AGENDA ITEM NO. I.2
10/22/2024
SUBJECT: Planning Commission request regarding standards and methodology for Vehicle Miles Traveled (VMT)
DEPARTMENT: Community Development
STAFF: Erik Nolthenius, Planning Manager
Alexis Morris, Director of Community Development
Allen Baquilar, Director of Engineering

TITLE/RECOMMENDATION
Provide staff direction on whether to spend time and resources on the Planning Commission’s request.

FISCAL IMPACT
The fiscal impact associated with this item is approximately $175,000 and would be the responsibility of the General Fund. This includes consultant costs, data collection, outside legal review, and stakeholder workshops and meetings. If this item moves forward, staff will bring a General Fund budget request at a later date.

BACKGROUND
At the July 2, 2024 meeting, Commissioner Brand requested a future agenda item regarding establishment of City VMT standards. At the August 6, 2024 meeting, Commissioner Brand explained the request in more detail. After taking public comment, the Planning Commission deliberated and voted unanimously to request that the City Council direct staff to proceed with further exploration of City-based methodology regarding VMT standards.

Change in CEQA Analysis
By way of background, effective July 1, 2020, the California Environmental Quality Act (CEQA) analysis of project-related transportation impacts shifted from the traditional method of delay and congestion (commonly referred to as level of service or LOS) to vehicle miles traveled (VMT). VMT is a metric that seeks to capture the total amount of vehicular travel associated with a project by estimating the number of vehicle trips generated and the length or distance of those trips. VMT is usually measured on a typical weekday, and can be expressed in several ways, such as total

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10/22/2024
VMT, total VMT per service population, home-based VMT per resident, and homebased work VMT per employee.

Senate Bill 743
This shift in analysis is a direct result of Senate Bill (SB) 743, which was signed into law in 2013 and initiated an update to the CEQA Guidelines to change how lead agencies evaluate transportation impacts under CEQA. The goal was to more accurately measure the actual transportation-related impacts of any given project, as well as to promote the state’s overarching goals of reducing greenhouse gas emissions and traffic-related air pollution, promote the development of a multimodal transportation system, and provide clean, efficient access to destinations.

Options to Evaluate VMT
The City has the ability to evaluate VMT on a project-by-project basis for transportation impacts, which it has done since implementation began in July 2020, utilizing methodology developed by the Contra Costa Transportation Authority (CCTA). CCTA’s methodology uses the home-based VMT per capita metric for residential projects. Home-based VMT is the VMT for trips that begin and end at the residence. The recommended threshold of significance is that the project generated home-based VMT not exceed 85% of the same in the city or 85% of the existing countywide average home-based VMT per resident, whichever is less stringent.

The City also has the ability to adopt its own thresholds of significance. Pursuant to CEQA Guidelines section 15064.7, such thresholds must be adopted by ordinance, resolution, rule, or regulation. The thresholds must also be developed through a public review process, and be supported by substantial evidence.

The process for developing the City’s own thresholds of significance would begin with hiring a traffic and/or environmental consultant to develop, test, and validate a methodology that could provide analysis of VMT and greenhouse gas (GHG) impacts of road travel into, out of, within and through Brentwood. Staff would work with the consultant to collect data, identify or develop VMT calculation tools, determine local thresholds of significance, identify mitigation measures (i.e. improve access to transit, adding bike lanes, reducing parking requirements). The process, which would include public & stakeholder workshops, would take approximately 8-12 months to complete.

In the absence of City-specific VMT standards, the City has been utilizing the standards set forth in the Contra Costa Transportation Authority Growth Management Program (GMP) Guidelines. Compliance with said Guidelines is required as part of

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10/22/2024
fulfillment of local jurisdictions’ requirements under the GMP. According to the Guidelines, “local jurisdictions may choose to apply methods and thresholds that are more stringent than those outlined in [the Guidelines], and would still be considered to be in compliance with CCTA GMP requirements.”1

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Not Applicable.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)
Do not direct staff to spend time and resources on this Planning Commission request at this time.

ATTACHMENT(S)
None.

1 Contra Costa Transportation Authority, Growth Management Program Implementation Documents:

Implementation Guide (revised February 17, 2021), page 103, available online at: https://ccta.net/wpcontent/uploads/2021/08/GMP_Implementation_Guide_FINAL_02172021.pdf

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CITY COUNCIL AGENDA ITEM NO. I.3
10/22/2024
SUBJECT: A request from Council Member Mendoza to remove 2001 Shady Willow Lane from the list of surplus land to become a park.

DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Amanda McVey, Interim City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Mendoza to remove 2001 Shady Willow Lane from the list of surplus land to become a park.

FISCAL IMPACT
There is no fiscal impact associated with this agenda item.

BACKGROUND
Pursuant to Rule 4.4 (b)(2) of City Council Policy 110-1, this item has been placed on the agenda so that the City Council may discuss it and provide further direction to staff. Per Section 4.4, City Council discussion is limited to whether staff time and City resources should be spent on the item and the time period for scheduling.

On October 24, 2023, the City Council discussed 2001 Shady Willow Lane as a park estimated to cost approximately $1,000,000. No funding has been identified for the surplus land to become a park.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

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CITY COUNCIL AGENDA ITEM NO. I.3
10/22/2024

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action

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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 October 8, 2024, Council Member Mendoza requested removing 2001 Shady Willow Lane from the list of surplus land to become a park.

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CITY COUNCIL AGENDA ITEM NO. I.4
10/22/2024
SUBJECT: A request from Council Member Mendoza requesting the City Council consider an objective design standard regarding shade ratios at new parks
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Amanda McVey, Interim City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Mendoza requesting consideration of creating objective design standards in the Brentwood Municipal Code related to shade ratios in new parks.

FISCAL IMPACT
There is no fiscal impact associated with this agenda item.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Not Applicable.

DATE OF NOTICE
Not Applicable

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CITY COUNCIL AGENDA ITEM NO. I.4
10/22/2024

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action

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On October 8, 2024, Council Member Mendoza requested a future agenda item requesting the City Council consider a design standard regarding shade ratios at new parks.

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CITY COUNCIL AGENDA ITEM NO. I.5
10/22/2024
SUBJECT: A request from Council Member Mendoza requesting the City Council consider adding additional shade at existing parks DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Amanda McVey, Interim City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Mendoza regarding solutions for potential shade improvements at existing parks.

FISCAL IMPACT
Direction should be provided regarding whether the shade is to come from natural landscaping, or artificial shade (sails, structures, canopy’s, etc.); whether shade should be located over picnic tables, benches, play structures, or other certain areas of parks; and which parks are needing assessment for the additional shade features, all to assist in estimating fiscal impacts for consideration.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

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CITY COUNCIL AGENDA ITEM NO. I.5
10/22/2024

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action

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On October 8, 2024, Council Member Mendoza requested a future agenda item requesting the City Council consider adding additional shade at existing parks.

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CITY COUNCIL AGENDA ITEM NO. I.6
10/22/2024
SUBJECT: A request from Vice Mayor Meyer requesting the consideration of using Ag-Enterprise and/or Art Enterprise funds for John Marsh House
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Amanda McVey, Interim City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Vice Mayor Meyer requesting the consideration of using Ag-Enterprise and/ or Art Enterprise funds towards the Interpretive Center at the John Marsh House.

FISCAL IMPACT
There is no fiscal impact associated with this agenda item.

The City Council previously considered funding this project in August 2022 and opted not to do so at the time. In 2022, the Interpretive Center was forecast to cost $234,000, and will cost more now.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE

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CITY COUNCIL AGENDA ITEM NO. I.6
10/22/2024
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action

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On October 8, 2024, Vice Mayor Meyer requested a future agenda item requesting the City Council consider using Ag-Enterprise and/ or Art Enterprise funds towards the Interpretive Center at the John Marsh House.

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Brentwood City CouncilOctober 22, 2024

Brentwood City Council
October 22, 2024