Brentwood City Council
September 9, 2025

SEPTEMBER 9, 2025, 7:00 PM

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

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

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

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

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

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

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

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

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

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

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

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

September 9, 2025, 7:00 p.m.

City Council Chambers
150 City Park Way
Brentwood, CA 94513
City Council Zoom Link
A. CALL TO ORDER & ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. PRESENTATIONS
C.1 Contra Costa Mosquito & Vector Control District
D. PUBLIC COMMENTS
Pursuant to Council/Administrative Policy, Meeting Rules and Procedures section 5.2 (Decorum Generally – Public), comments by members of the public are generally limited to five minutes, or less time if a large number of speakers is anticipated, or if approved by the Mayor. Speakers desiring answers to questions should direct them to the Council/Successor Agency and, if relevant, they may direct them to the appropriate staff member. Speakers can also follow up directly with staff during regular City business hours.

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

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

In order to ensure that all speakers feel welcome to share their views, members of the audience are kindly requested to refrain from applauding or speaking to the Council from the audience without being called upon first.

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

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

F.1 A Proclamation Celebrating the 100th Anniversary of the Veterans Memorial Building F.2 A Proclamation Recognizing September 11, 2025, as Patriot Day F.3 Adoption of Chapter 5.76 (‘Tobacco Retailers’) and Adoption of Tobacco Retail License Fee Title/Recommendation
Waive the second reading and adopt ordinance No. 1088 adopting Chapter 5.76 of the Brentwood Municipal Code, entitled ‘Tobacco Retailers’, creating new regulations related to tobacco sales in Brentwood and establishing a Tobacco Retail Licensing program.

The adoption of the ordinance is not subject to further review under the California Environmental Quality Act (“CEQA,” codified at Public Resources Code §§ 21000, et seq., as further governed by the State CEQA Guidelines, found at 14 CCR §§ 15000, et seq.) pursuant to 14 CCR § 15358 because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, the adoption of this ordinance is exempt under CEQA pursuant to 14 CCR § 15061(b)(3) because this ordinance will not cause a change in any of the physical conditions within the area affected by the ordinance.

F.4 Acceptance of Improvements at the Vineyards at Marsh Creek Project – Parcel ‘C-3’ Title/Recommendation
Adopt a Resolution accepting the public improvements that were conditioned to be constructed by the developer with the approval of the Vineyards at Marsh Creek project.

F.5 Notice of Completion for Modernscapes Innovations for the Pavement Management Program 2025 (Concrete)
Title/Recommendation
Adopt a Resolution accepting the work performed by Modernscapes Innovations (“Contractor”) for the Pavement Management Program 2025 (Concrete), CIP Project No. 336-31704 (“Project”); and request the City Clerk to file a Notice of Completion with the County Recorder.

A Notice of Exemption was filed with the County Recorder on March 18, 2025.

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

G.1 Review of the Evening Basketball Program Request for Proposals Title/Recommendation
Review and discuss a draft Request for Proposals (“RFP”) for an evening basketball program.

G.2 Discussion and Direction on Proposed Amendments to the Priority Area One (PA-1) Specific Plan
Title/Recommendation
Staff recommends the City Council discuss and provide direction on potential changes to the PA-1 Specific Plan that would adapt the plan to current market conditions.

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

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

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

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

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

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

POSTING STATEMENT
On September 5, 2025, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside City Hall, 150 City Park Way, Brentwood, CA 94513 and at our website www.brentwoodca.gov
A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov

PROCLAMATION
WHEREAS, the Brentwood Veterans Memorial Building has stood for 100 years as a living memorial dedicated to those who served and sacrificed in defense of our nation, and as a gathering place for Veterans and the broader community; and
WHEREAS, since 1925, the Brentwood Veterans Memorial Building has welcomed all Veterans’ organizations and community uses, embodying fellowship, service, and civic pride; and
WHEREAS, the Brentwood Veterans Memorial Building played a pivotal civic role by hosting the first Brentwood City Council meetings following the City’s 1948 incorporation, anchoring our young municipality in a spirit of public service; and
WHEREAS, in times of need the Brentwood Veterans Memorial Building has opened its doors for public voting, town meetings, emergency shelter, and even classrooms for Liberty High School students after the 1960s fire, demonstrating steadfast commitment to community; and WHEREAS, the Brentwood Veterans Memorial Building, Inc. and local Veterans’ posts continue to steward this landmark for ceremonies, camaraderie, and remembrance, ensuring it remains a beacon of gratitude and unity.

NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby commemorates the Centennial of the Brentwood Veterans Memorial Building; recognizes a century of service to Veterans and residents alike; and expresses profound appreciation for the enduring legacy of community, remembrance, and civic engagement that thrives within its walls.

Dated this 9th day of September, 2025
Susannah Meyer, Mayor

PROCLAMATION
WHEREAS, on September 11, 2001, our nation endured an
unprecedented attack on American soil that claimed the lives of nearly 3,000 innocent people and forever changed the course of our history; and WHEREAS, Patriot Day is observed each year as a day of remembrance for the lives lost, the heroes who rushed toward danger, and the families whose lives were altered by grief, yet strengthened by hope; and WHEREAS, we also recognize the service members who answered the call to defend freedom in the years that followed, and the countless men and women who continue to serve and protect our country at home and abroad; and WHEREAS, the City of Brentwood stands united with communities across the nation in reflection, remembrance, and resolve, ensuring that future generations understand both the weight of the loss and the strength of the unity that carried us forward; and
WHEREAS, on this day, we are called to participate in acts of remembrance by observing a moment of silence at 8:46 a.m., flying the American Flag at half-staff, and renewing our shared commitment to the values of freedom, justice, and resilience.

NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes September 11, 2025, as

PATRIOT DAY
and encourages all residents to honor the lives lost and the heroes who served by standing together in reflection and resolve.

Dated this 9th day of September, 2025
Susannah Meyer, Mayor

CITY COUNCIL AGENDA ITEM NO. F.3
09/09/2025
SUBJECT: Adoption of Chapter 5.76 (‘Tobacco Retailers’) and Adoption of Tobacco Retail License Fee
DEPARTMENT: Community Development
STAFF: Alexis Morris, Director of Community Development Kenneth Murphy, Chief Building Official
Linda Shale, Senior Code Enforcement Officer

TITLE/RECOMMENDATION
Waive the second reading and adopt ordinance No. 1088 adopting Chapter 5.76 of the Brentwood Municipal Code, entitled ‘Tobacco Retailers’, creating new regulations related to tobacco sales in Brentwood and establishing a Tobacco Retail Licensing program.

The adoption of the ordinance is not subject to further review under the California Environmental Quality Act (“CEQA,” codified at Public Resources Code §§ 21000, et seq., as further governed by the State CEQA Guidelines, found at 14 CCR §§ 15000, et seq.) pursuant to 14 CCR § 15358 because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, the adoption of this ordinance is exempt under CEQA pursuant to 14 CCR § 15061(b)(3) because this ordinance will not cause a change in any of the physical conditions within the area affected by the ordinance.

FISCAL IMPACT
If Chapter 5.76 (‘Tobacco Retailers’) (the “Ordinance”) is adopted, Community Development estimates that up to 41 Tobacco Retail License and/or Wind-Down Permits will be issued during the first year, which would provide one-time revenue to the General Fund of approximately $64,575. Costs to administer the program would also approximate this amount.

Location restrictions are only anticipated to reduce the number of existing tobacco retailers able to continue to operate beyond the first year by approximately two; however, new businesses may replace those unable to remain in their current location. If all 41 licenses remain active, this will result in an estimated annual

CITY COUNCIL AGENDA ITEM NO. F.3
09/09/2025
ongoing license revenue of approximately $64,575 that will be adjusted annually by CPI. License Fees and any Administrative Fines for enforcement of the proposed ordinance that are collected would be deposited in the General Fund. The General Fund is the source of funding for the Tobacco Retailers License program and Chapter

5.76 of the Brentwood Municipal Code requires that all fees be exclusively used to fund this program.

BACKGROUND
On August 26, the first reading of the ordinance was waived and the City Council unanimously voted to move forward with the adoption of the ordinance with direction for the following changes:

1. The definition of Youth-Oriented Establishment (YOE) was changed to only include “a parcel in the City that is occupied by any publicly or privately owned and operated elementary school, middle school, secondary school, high school or other institution providing academic instruction for students from kindergarten through twelfth (12) grade pursuant to the California Education Code, not including any alternative educational facilities, day care facilities, or tutoring facilities.”

2. The distance requirement was changed to five hundred feet (500) not allowing a license to be issued to any tobacco retailer within 500 feet of a YouthOriented Establishment.

Since that meeting, staff has worked with outside counsel to incorporate the City Council’s direction into the proposed new Chapter 5.76 (‘Tobacco Retailers’) (attached).

PROCESS FOR ISSUING TOBACCO RETAIL LICENSES
Based on Council direction, the attached ordinance establishes a timeline for existing business to apply for a Tobacco Retail License or Wind-Down Permit. As illustrated below, existing tobacco retailers legally operating in the City of Brentwood will have 30-days to apply for a Tobacco Retail License. Staff will process applications within that 30 days. If the numeric cap on licenses (discussed in more detail below) is not reached within that 30 days, then businesses not currently operating in the City will have a 30 day, first-come, first serve application period.

A Tobacco Retailer that is legally operating at the time of adoption of this Ordinance, may also be issued a no-fee ($0) non-renewable twelve (12) month Tobacco Retailer’s Wind-Down Permit, for the specific purpose of selling off tobacco products stock that is not in compliance with the regulations of this Code.

CITY COUNCIL AGENDA ITEM NO. F.3
09/09/2025
Existing tobacco retailers that do not meet the 500’ separation requirements from a “Youth Oriented Establishment” will be issued a one time, 12 month “Wind-Down Permit” that would allow the non-compliant retailers the opportunity to sell the rest of their tobacco stock and/or wind down tobacco retailing operations.

The timeline below anticipates that the City Council will waive the second reading and adopt this ordinance on September 9. The ordinance would take effect 30 days later, on October 9. These dates may change if the Council follows a different course.

Numeric Cap on Tobacco Retailers and Separation Requirements Based on Council direction, the attached ordinance contains a numeric cap on the number of tobacco retailer licenses that can be issued. The proposed cap is 41 licenses, which is based on the current number of State-licensed tobacco retailers in the City (as of February 2025). There is no cap on the number of Wind-Down Permits Ordinance
Effective Date
• October 9th
• Extensive outreach to affected businesses
30 Day
Application
Period
• For existing businesses only
Second
Application
Period
• After initial 30 days
• New businesses only
• Only if license cap has not been exceeded
• First come/first served basis
Licenses
Issued
•Licenses effective for 12 months, eligible for renewal •Wind-Down Permits effective for 12 months, not eligible for renewal •Compliance checks conducted quarterly

CITY COUNCIL AGENDA ITEM NO. F.3
09/09/2025
that can be issued because these will expire after one year and are not eligible for renewal.

Following Council direction provided on August 26th, the ordinance also includes separation requirements of 500’ from Youth-Oriented Establishments (YOE’s). The ordinance definition of Youth-Oriented Establishment is detailed above.

The attached map prepared for the City by Contra Costa Health shows that there are a small number of existing tobacco retailers within 500’ of a YOE. As a result of these separation requirements, the total number of tobacco retailers receiving a license will likely be below the cap of 41 TRLs, but could increase to the 41 limit as new tobacco retailers apply for TRLs in allowed locations.

TRL FEES
In order to implement the Ordinance, a fee for the TRL was adopted by the City Council on August 26, 2025. Staff calculated the reasonable costs associated with processing the TRL and conducting the three annual inspections required by the Ordinance as $1575. These costs are summarized below. Processing of the TRL will consist in part of evaluating the locations based on the requirements of the ordinance for proximity to any existing Youth-Oriented Establishments. The evaluation will utilize electronic means, as well as site visits. Two of the annual compliance checks will be conducted by Community Enrichment personnel only and a third will be conducted in conjunction with Police Department personnel. The chart below represents Staff’s estimation of the time involved over a 1-year period related to each TRL.

If the City denies or rejects the License application of an existing Tobacco Retailer based solely on any of the limitations listed in BMC Section 5.76.080, and if the Tobacco Retailer is legally operating at the time of adoption of this Ordinance, the denied Tobacco Retailer may instead be issued a non-renewable twelve (12) month

CITY COUNCIL AGENDA ITEM NO. F.3
09/09/2025
Tobacco Retailer’s Wind-Down Permit. Without a Wind-Down Permit, a Tobacco Retailer that is not licensed by the City may not operate as a Tobacco Retailer under any circumstances. The Wind-Down permits will require the same level of processing and compliance checks. Therefore, the same fee of $1,575 was applied to these permits and approved by the City Council on August 26th.

A Tobacco Retailer that is legally operating at the time of adoption of this Ordinance, may also be issued a no-fee ($0) non-renewable twelve (12) month Tobacco Retailer’s Wind-Down Permit, for the specific purpose of selling off tobacco products stock that is not in compliance with the regulations of this Code (for example, minimum package size, electronic smoking devices, flavored smoking products).

A fine of one thousand dollars ($1,000) would be imposed upon a tobacco retailer upon a finding of a violation of the ordinance.

The City reviews and updates its fees on an annual basis. Fees are adjusted at the beginning of each fiscal year by the annual changes to the April San Francisco – Oakland – Hayward, California Consumer Price Index (CPI) Urban Wage Earners and Clerical Workers, unless a fee is tied to an alternative index. The TRL Fee will be adjusted annually on July 1, beginning July 1, 2026, by the same index. The new fee shall become effective October 9, 2025.

PUBLIC OUTREACH
Community Enrichment staff has conducted extensive outreach to tobacco retailers prior to the City Council meeting. Outreach included emailing and mailing all 41 known tobacco business on July 25th, providing notification of the upcoming Council meeting to adopt Tobacco Retail ordinance. If the City Council adopts the ordinance on September 9, 2025, a second round of outreach will occur, including information on the operational requirements, and distribution of the application to obtain a Tobacco Retail License/Wind-Down permit, an inspection checklist, and FAQ handout.

NEXT STEPS
If the City Council adopts the attached ordinance, the Ordinance will be effective on October 9, 2025. Staff will continue to conduct outreach to the business community once the ordinance is adopted and will begin accepting applications at 8:00 am on October 9th. Any applications accepted prior to the October 9th effective date will be held until the ordinance is effective.

CITY COUNCIL STRATEGIC INITIATIVE

CITY COUNCIL AGENDA ITEM NO. F.3
09/09/2025
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 August 15, 2025 and August 22, 2025.

ENVIRONMENTAL DETERMINATION
The adoption of the ordinance is not subject to CEQA pursuant to 14 CCR Section 15358 because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, the adoption of this ordinance is exempt under CEQA pursuant to 14 CCR Section 15061(b)(3) because this ordinance will not cause a change in any of the physical conditions within the area affected by the ordinance.

ATTACHMENT(S)

1. Previous Action

2. Ordinance

3. Map of Brentwood Tobacco Retailers Within 500 Feet of a Youth Oriented Establishment (YOE)

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 June 1, 2022, the City Council unanimously voted to direct staff to spend time and resources on updating zoning regulations to limit or prohibit sales of tobacco.

On September 27, 2022, the City Council unanimously adopted Interim Urgency Ordinance No. 1046, implementing a moratorium on the issuance of any new permit, license, or entitlement for any new tobacco smoke shop.

On October 25, 2022, the City Council unanimously adopted Interim Urgency Ordinance No. 1050, extending the original interim urgency ordinance for a period of 10 months and 15 days, in accordance with Government Code section 65858(a).

On August 22, 2023, the City Council unanimously adopted Interim Urgency Ordinance No. 1061, extending the original interim urgency ordinance for a period of 12 months, in accordance with Government Code section 65858(a).

On August 22, 2023, the City Council directed staff to provide additional information on 16 items related to potential new tobacco regulations.

On September 24, 2024, the City Council reviewed draft tobacco retailing regulations and provided direction to staff regarding processes for issuing licenses to be included in a final version of the ordinance. Specifically the Council provided direction on the following items:

1. Whether to implement a first come, first served application process;

2. Whether to issue a tobacco retail permit for one year only to retailers that are noncompliant with new regulations rather than the tobacco retail license.

On May 13, 2025, the City Council reviewed draft tobacco retailing regulations and provided direction to staff regarding processes for issuing licenses to be included in a final version of the ordinance. Specifically the Council provided direction on the following items:

1. Remove distance from other tobacco retailers, thereby removing need for first come first serve application process

2. Decrease distance from Youth Oriented Establishments from 500’ to 250’.

On August 26, 2025, the City Council unanimously waived the first reading and introduced an ordinance adopting Chapter 5.76 of the Brentwood Municipal Code entitled “Tobacco Retailers” creating new regulations related to tobacco sales in Brentwood and establishing a Tobacco Retail Licensing program, and made further modifications to the ordinance.

ORDINANCE NO. 1088

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD REGULATING TOBACCO PRODUCT SALES,

REQUIRING THE LICENSURE OF TOBACCO RETAILERS, AND
ADDING CHAPTER 5.76 TO THE BRENTWOOD MUNICIPAL CODE
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 the regulation of tobacco retailers; and
WHEREAS, on June 1, 2022, the City Council unanimously voted to direct staff to spend time and resources on updating zoning regulations to limit or prohibit sales of tobacco; and
WHEREAS, on September 27, 2022, the City Council unanimously adopted Interim Urgency Ordinance No. 1046, implementing a moratorium on the issuance of any new permit, license, or entitlement for any new tobacco retailers; and WHEREAS, on October 25, 2022, the City Council unanimously adopted Interim Urgency Ordinance No. 1050, extending the original interim urgency ordinance for a period of 10 months and 15 days, in accordance with Government Code section 65858(a); and
WHEREAS, on August 22, 2023, the City Council unanimously adopted Interim Urgency Ordinance No. 1061, extending the original interim urgency ordinance for a period of 12 months, in accordance with Government Code section 65858(a); and WHEREAS, on September 24, 2024, the City Council reviewed draft tobacco retailing regulations and provided direction to staff regarding processes for issuing licenses to be included in a tobacco retailing ordinance; and WHEREAS, on May 13, 2025, the City Council reviewed draft tobacco retailing regulations and provided further direction to staff regarding processes for issuing licenses to be included in a final version of the ordinance; and WHEREAS, on August 26, 2025, the City Council held a duly-noticed public hearing to consider an ordinance adopting Chapter 5.76 of the Brentwood Municipal Code entitled “Tobacco Retailers” creating new regulations related to tobacco sales in Brentwood; and
WHEREAS, following the August 26, 2025 public hearing, the City Council unanimously waived the first reading of and introduced an ordinance adopting Chapter 5.76 of the Brentwood Municipal Code entitled “Tobacco Retailers”, and adopted a resolution establishing the fees associated with a Tobacco Retail Licensing program; and
WHEREAS, a local licensing system for tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and business standards of the

City Council, to protect the health, safety, and welfare of the City of Brentwood residents; and
WHEREAS, the City Council has a substantial interest in protecting youth and underserved populations from the harms of tobacco use; and WHEREAS, the City Council finds that a strong local licensing system for tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and business standards of the City of Brentwood in order to protect the health, safety, and welfare of our residents; and
WHEREAS, the tobacco industry encourages youth and young adult tobacco initiation through predatory targeting, and
WHEREAS, tobacco companies target young adults ages 18 to 24 to increase their frequency of tobacco use and encourage their transition to habitual users; and WHEREAS, in 2024, 18% of a random sample of Bay Area tobacco retailers illegally sold tobacco to underage decoys; and
WHEREAS, according to the Liberty Union California Healthy Kids Survey (2023-2024), 73% of 11th graders surveyed report that it is “fairly” (20%) or “very” (53%) easy access to vapes; and
WHEREAS, California retailers continue to sell tobacco to underage consumers, evidenced by the following:
 9.3% of high school students in California reported buying their own electronic cigarette from a store; and
 27.7% of California tobacco retailers unlawfully sold tobacco products to young adults below the age of 21 in 2022; and
WHEREAS, requiring tobacco retailers to obtain a tobacco retailer license will not unduly burden legitimate business activities of retailers who sell tobacco products to adults but will allow the City Council to regulate the operation of lawful businesses to discourage violations of federal, state, and local tobacco control and youth tobacco access laws, as evidenced by the following:
 A study found that odds of daily smoking were reduced by 2% for each 1% increase in merchant compliance with youth tobacco sales laws; and  Studies found increased retailer compliance and reduced tobacco sales to youth following implementation and active enforcement of youth tobacco sales laws paired with penalties for violations; and
WHEREAS, the federal Family Smoking Prevention and Tobacco Control Act (“Tobacco Control Act”), enacted in 2009, prohibited candy and fruit flavored cigarettes,1largely because these flavored products are marketed to youth and young adults,2 and younger smokers were more likely than older smokers to have tried these products; and
WHEREAS, the health effects of non-cigarette tobacco products such as cigars, cigarillos, smokeless tobacco, and shisha are substantial, as demonstrated by research that shows that non-cigarette tobacco products have addictive levels of nicotine, harmful toxins, and dangerous carcinogens; and

WHEREAS, the availability of inexpensive tobacco products leads to increased tobacco use as evidenced by 36 academic studies that conclusively show that when tobacco products are made more expensive, fewer people use tobacco, fewer initiate tobacco use, and more people quit tobacco use; and
WHEREAS, research has also consistently shown that increases in cigarettes prices will result in less smoking across various sociodemographic populations; and WHEREAS, a 20% price increase would reduce demand for cigarettes by approximately 10.4%, the prevalence of adult tobacco use by 3.6%, and initiation of tobacco use by young people by 8.6%; and
WHEREAS, youth are particularly responsive to changes in tobacco prices,3 and evidence suggests that tobacco companies deliberately target youth with price reductions; and
WHEREAS, the tobacco industry’s price discounting strategies, such as coupons and multiple-package discounts, are popular among consumers, with more than half of adults using some price minimization strategy. In California, individuals who use price minimization strategies save an average $1.04 per pack (or 18.6% off the total); and
WHEREAS, price-discounted sales account for a substantial proportion of overall tobacco product sales; and
WHEREAS, although federal and state law ban the sale of individual cigarettes, and4 neither federal nor California state laws restrict the sale of individual little cigars and cigars; and
WHEREAS, the percent of licensed tobacco retailers with tobacco marketing in kid-friendly locations was 35.3% and the percent of stores near schools selling flavored non-cigarette tobacco products was 80.6% in 20195; and WHEREAS, a 10% increase in cigar prices has been associated with decreased cigar sales6 and may significantly reduce cigar use among youth7; and WHEREAS, neither federal nor California state laws set a minimum price for tobacco products; and
WHEREAS, minimum price markups and related laws in other states have been shown to be effective at increasing the price of cigarettes but may remain vulnerable to price manipulation by the tobacco industry without attention to coupons and discounts8; and
WHEREAS, the density and proximity of tobacco retailers influence smoking behaviors, including number of cigarettes smoked per day9; and WHEREAS, the density of tobacco retailers near schools has been associated with increased youth smoking rates10; and
WHEREAS, policies to reduce tobacco retailer density have been shown to be effective and may reduce or eliminate inequities in the location and distribution of tobacco retailers; and

WHEREAS, strong policy enforcement and monitoring of retailer compliance with tobacco control policies (e.g., requiring identification checks) is necessary to achieve reductions in youth tobacco sales11, 12; and
WHEREAS, state law explicitly permits cities and counties to enact local tobacco retail licensing ordinances, and allows for the suspension or revocation of a local license for a violation of any state tobacco control law (Bus. & Prof. Code § 22971.3)13; and
WHEREAS, California courts have affirmed the power of the City Council to regulate business activity to discourage violations of law. See, e.g., Bravo Vending v. City of Rancho Mirage (1993) 16 Cal. App. 4th 383, as well as Prime Gas, Inc. v.

City of Sacramento (2010) 184 Cal. App. 4th 697; and
WHEREAS, as of July of 2023, at least 225 municipalities require a local tobacco retailer license to sell tobacco products and 143 of those further regulate and restrict tobacco sales14; and
WHEREAS, the City Council has a substantial interest in protecting youth and underserved populations from the harms of tobacco use; and WHEREAS, the City Council finds that a local licensing system for tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and business standards of the City of Brentwood in order to protect the health, safety, and welfare of our residents; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred; and
WHEREAS, it is the intent of the City Council, in enacting this ordinance, to ensure compliance with the business standards and practices of the City and to encourage responsible tobacco retailing and to discourage violations of tobaccorelated laws, especially those which prohibit or discourage the sale or distribution of tobacco and nicotine products to youth, but not to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or to alter the penalties provided therein.

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

SECTION 1.Incorporation of Recitals. The recitals above are each incorporated by reference and adopted as findings by the City Council in connection with the adoption of this Ordinance.

SECTION 2.Amendment of the Brentwood Municipal Code. The City Council of the City of Brentwood hereby adopts Chapter 5.76 of the Brentwood Municipal Code, entitled “Tobacco Retailers” to read in its entirety as follows:

Chapter 5.76 TOBACCO RETAILERS

5.76.010 Findings and purpose.

In enacting this Chapter and in addition to the recitals adopted pursuant to Section 1 of this Ordinance, the City Council finds and determines that the absence of adequate regulation of tobacco retailers within the City constitutes an immediate threat to the public health, safety, and welfare. Specifically, the City Council finds as follows:

A. The unregulated development of tobacco retailing presents an immediate threat to the public health, safety, and welfare.

1. The City does not have sufficient regulations in its Municipal Code governing the establishment of tobacco retailers. Specifically, there are not currently detailed regulations regarding the development, operation, or location standards for these uses.

2. There are specific community concerns regarding the impact these uses have on the community, including neighborhood safety, effects on minors, noise, location near sensitive uses, and other public health impacts.

3. Many state laws have been adopted, which acknowledge the public health impacts of tobacco and specifically its effect on minors. State law prohibits public school students from smoking or using tobacco products while on campus, while attending school sponsored activities, or while under the supervision or control of school district employees (Education Code § 48901). State law also prohibits smoking in playgrounds and tot lots. It also prohibits smoking within 20 feet of the main entrances and exits of public buildings (Health and Safety Code § 104495).

4. Due to the lack of development, operation, and location standards for these uses, the City desires to adopt new regulations in order to provide clear, consistent, and uniform guidance to businesses and individuals regarding the citing and operational characteristics while also addressing significant concerns.

B. The State Planning and Zoning Law (Cal. Gov. Code §§ 65000, et seq.), the California Business and Professions Code (Cal. Bus. & Prof. Code §§ 16000, et seq.), and the general police powers of the City (Cal. Const., art. XI, § 7), broadly empower the City to plan for and regulate the use of land and require business licensing in order to provide for orderly development, the public health, safety, and welfare, and a balancing of property rights and the desires of the community to improve their city.

C. The adoption of this Ordinance is therefore necessary to protect the City and its residents, businesses, and visitors from the potential health and safety impacts of tobacco retailers under current City regulations, including concerns with neighborhood safety, effects on minors, location near sensitive uses, and other public health impacts, and to preserve the quality of life, health, safety, and welfare of the community.

D. This Chapter is intended to supplement existing applicable State and federal law regarding tobacco sales.

E. This Chapter is reasonably related to the proper exercise of the City’s police power and protects the health, safety, and general welfare of the public.

5.76.020 Applicability.

These regulations apply to all Tobacco Retailers, including the operation of existing businesses, new businesses, relocating businesses, and the conversion or expansion of an existing business to include the sale of tobacco, tobacco products, or tobacco paraphernalia, as defined herein.

5.76.030 Definitions.

The following words and phrases, whenever used in this Chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:
“Arm’s Length Transaction” means a sale in good faith and for valuable consideration that reflects the fair market value between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this Chapter is not an Arm’s Length Transaction.
“Cannabis” has the meaning set forth in California Business and Professions Code Section 26001, as that section may be amended from time to time. “Cannabis Product” has the meaning set forth in California Business and Professions Code Section 26001, as that section may be amended from time to time. “Cigar” means any roll of tobacco other than a Cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing more than three pounds per thousand.
“Cigarette” means: (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and (2) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its Packaging and Labeling, is likely to be offered to, or purchased by, Consumers as a Cigarette described herein.
“City” means the City of Brentwood.
“Characterizing Flavor” means a taste, aroma, or odor distinguishable by an ordinary consumer, other than the taste or odor of tobacco, either prior to or during the consumption of such Tobacco Product or any byproduct produced by the Tobacco Product, including but not limited to tastes, aromas, or odors relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, mint, wintergreen, menthol, herb, or spice; or a cooling or numbing sensation.

“Code” or “Ordinance” or “Chapter” means this Chapter 5.76 TOBACCO RETAILERS of the Brentwood Municipal Code.
“Commercial Cannabis Activity” has the meaning set forth in California Business and Professions Code Section 26001, as that section may be amended from time to time. “Consumer” means a Person who purchases a Tobacco Product for consumption and not for Sale to another.
“Coupon” means any voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or other form, used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price.
“Decoy Operation” means a person under 21 years of age participating in an inspection carried out by the City to determine compliance with California law prohibiting the sale of a tobacco product to a person under 21 years of age. “Deliver” means the commercial transfer of Tobacco Products or Tobacco Paraphernalia to a Consumer at a location not licensed pursuant to this Chapter. “Department” means the Brentwood Department of Community Development and any agency or Person designated by the Department to enforce or administer the provisions of this Chapter.
"Electronic Smoking Device" means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or ehookah. Electronic smoking device includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine, and whether natural or synthetic. "Electronic Smoking Device" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.
“Flavored Tobacco Product” means any Tobacco Product that imparts a Characterizing Flavor.
“Full Retail Price” means the price listed for a Tobacco Product on its Packaging or on any related shelving, advertising, or display where the Tobacco Product is sold or offered for Sale, plus all applicable taxes and fees if such taxes and fees are not included in the listed price.
“Hookah” means a type of waterpipe, used to smoke shisha or other tobacco products, with a flexible tube for drawing aerosol through water. Components of a Hookah may include heads, stems, bowls, and hoses.

“Labeling” means written, printed, or graphic matter upon any Tobacco Product or any of its Packaging, or accompanying such Tobacco Product. “License(s)” or “Tobacco Retailer’s License” means the license issued by the Department authorizing a Tobacco Retailer to operate within City’s jurisdiction pursuant to the requirements set forth in this Chapter and any other City required terms and conditions.
"Licensee" means the holder of a valid, City-issued Tobacco Retailer’s License. “Licensed Location” means the location for Tobacco Retailing authorized by a Cityissued Tobacco Retailer’s License. “Little Cigar” means any roll of tobacco other than a Cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than three pounds per thousand. “Little Cigar” includes, but is not limited to, Tobacco Products known or labeled as small cigar, little cigar, or cigarillo. “Manufacturer” means any Person, including any repacker or relabeler, who manufactures, fabricates, assembles, processes, or labels a Tobacco Product; or imports a finished Tobacco Product for sale or distribution into the United States. “Package” or “Packaging” means a pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which a Tobacco Product is Sold or offered for Sale to a Consumer.
“Wind-Down Permit” or “Tobacco Retailer’s Wind-Down Permit” means the 12 month nonrenewable permit issued by the Department authorizing a Tobacco Retailer, existing at the time the Ordinance is adopted, the ability to continue to sell the remainder of their tobacco stock which is out of compliance with the regulations in this Code and/or wind down tobacco retailing operations for the allowed 12 month permit period.
“Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
“Program” means the Tobacco Retailer License Program established pursuant to this Chapter.
“Proprietor” means a Person with an ownership or managerial interest in a business.

An ownership interest shall be deemed to exist when a Person has a ten percent (10%) or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a Person can or does have or share ultimate control over the day-to-day operations of a business.
“Sale” or “Sell” means any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever.

“Self-Service Display” means the open display or storage of Tobacco Products or Tobacco Paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of Self-Service Display. “Shisha Tobacco Product” means a tobacco product smoked or intended to be smoked in a Hookah, and may be referred to as hookah tobacco, waterpipe tobacco, maassel, narghile, and argileh. Shisha Tobacco Product does not include any electronic devices, such as electronic hookah, electronic cigarette, or electronic tobacco product. “Tobacco Paraphernalia” means any item designed or marketed for the consumption, use, or preparation of Tobacco Products including but not limited to cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, hookahs, hookah charcoal burners, hookah charcoal, hookah bowls, hookah smokebox, hookah hose, hookah pen, tobacco bong, and any other item designed for the consumption, use or preparation of tobacco products. “Tobacco Product” means:
a. any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff; dry or loose tobacco, hookah tobacco, bong tobacco, shisha, waterpipe tobacco, maassel, narghile, and argileh. b. any electronic device that delivers nicotine or other substances to the Person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, electric bong, or electronic hookah.
c. Notwithstanding any provision of subsections a. and b. to the contrary, “Tobacco Product” includes any component, part, or accessory intended or reasonably expected to be used with a Tobacco Product, whether or not sold separately. “Tobacco Product” does not include any nicotine cessation product that has been authorized by the U.S. Food and Drug Administration to be marketed and for sale as “drugs,” “devices,” or “combination products,” as defined in the Federal Food, Drug and Cosmetic Act. “Tobacco Retailer” means any Person operating in a physical location who Sells, offers for Sale, or does or offers to exchange for any form of consideration, tobacco, Tobacco Products, or Tobacco Paraphernalia. “Tobacco Retailing” shall mean the doing of any of these things. This definition is without regard to the quantity of Tobacco Products or Tobacco Paraphernalia sold, offered for Sale, exchanged, or offered for exchange or whether or not the sales are for wholesale or retail. "Youth-Oriented Establishment" means a parcel in the City that is occupied by any publicly or privately owned and operated elementary school, middle school, secondary

school, high school, or other institution providing academic instruction for students from kindergarten through twelfth (12th) grade pursuant to the California Education Code, not including any alternative educational facilities, day care facilities, or tutoring facilities.

5.76.040 General Requirements and Prohibitions.

A. Tobacco Retailer’s License Required. It shall be unlawful for any Person to act as a Tobacco Retailer in the City without first obtaining and maintaining a valid Tobacco Retailer’s License pursuant to this Chapter for each location at which Tobacco Retailing is to occur. Tobacco Retailing without a valid Tobacco Retailer’s License is a nuisance as a matter of law.

B. Lawful Business Operation. In the course of Tobacco Retailing or in the operation of the business or maintenance of the location for which a License issued, it shall be a violation of this Chapter for a Licensee, or any of the Licensee’s agents or employees, to violate any local, state, or federal law applicable to Tobacco Products, Tobacco Paraphernalia, or Tobacco Retailing.

C. Display of License. Each License shall be prominently displayed in a publicly visible location at the Licensed Location.

D. Positive Identification Required. No Person engaged in Tobacco Retailing shall Sell a Tobacco Product or Tobacco Paraphernalia to another Person without first verifying by means of government-issued photographic identification that the recipient is at least the minimum legal age required under state law to purchase Tobacco Products.

E. Self-Service Displays Prohibited. Tobacco Retailing by means of a Self-Service Display is prohibited. All tobacco products and/or tobacco paraphernalia shall be secured so that only Tobacco Retailer employees have immediate access to these items.

F. On-Site Sales. All Sales of Tobacco Products and Tobacco Paraphernalia to Consumers shall be conducted in-person at the Licensed Location.

It shall be a violation of this Chapter for any Tobacco Retailer or any of the Tobacco Retailer’s agents or employees to Deliver Tobacco Products or Tobacco Paraphernalia or to knowingly or recklessly Sell Tobacco Products or Tobacco Paraphernalia to any Person that intends to Deliver the Tobacco Product or Tobacco Paraphernalia to a Consumer in the City.

G. False and Misleading Advertising Prohibited. A Tobacco Retailer without a valid Tobacco Retailer’s License or a Proprietor without a valid Tobacco Retailer’s License, including, for example, a Person whose License has been suspended or revoked:

1. shall keep all Tobacco Products and Tobacco Paraphernalia out of public view. The public display of Tobacco Products or Tobacco Paraphernalia

in violation of this provision shall constitute Tobacco Retailing Without a License under Section 5.76.180; and

2. shall not display any advertisement relating to Tobacco Products or Tobacco Paraphernalia that promotes the Sale or distribution of such products from the Tobacco Retailer’s location or that could lead a reasonable Consumer to believe that such products can be obtained at that location.

H. Drug Paraphernalia. In the course of Tobacco Retailing or in the operation of the business or maintenance of the location for which a License issued, it shall be a violation of this Chapter for any Licensee or any of the Licensee’s agents or employees to violate any local, state, or federal law regulating controlled substances or Drug Paraphernalia, such as, for example, California Health and Safety Code section 11364.7, as that section may be amended from time to time.

I. Signage.

1. All signage must comply with the City’s “Sign Ordinance” as listed in Chapter 17.640 of the Brentwood Municipal Code. In the course of Tobacco Retailing or in the operation of a business or maintenance of a location for which a License issued, it shall be a violation of this Chapter for a Licensee, or any of the Licensee’s agents or employees, to cover more than 15 percent of the area of each window and clear door of the location with signs of any sort, excluding signage mandated by local, state, or federal law. The area covered shall be computed to include (i) all clear areas within signs; and (ii) signs that are not attached to windows or clear doors, but are visible from exterior public rights of way in the same manner as if they were attached to windows or clear doors.

2. All signs shall be placed and maintained to ensure law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from exterior public rights of way or from the entrance. However, this subsection shall not apply to premises where there are no windows, or where the design or location of windows or landscaping precludes a view of the interior of the premises from exterior public rights of way or from the entrance.

5.76.050 Sale of Flavored Tobacco Products Prohibited.

A. It shall be a violation of this Chapter for any Tobacco Retailer or any of the Tobacco Retailer’s agents or employees to Sell or offer for Sale, or to possess with intent to Sell or offer for Sale, any Flavored Tobacco Product.

B. The sale of Shisha Tobacco Product for immediate on-site consumption via Hookah by a Tobacco Retailer holding a valid and unexpired Tobacco Retailer’s License shall not be considered a Flavored Tobacco Product, so long as the Tobacco Retailer is in compliance with all other requirements of this Chapter and California

Labor Code section 6404.5 and California Penal Code section 308(a), as they may be amended. It shall be a violation of this Chapter to allow any unused Shisha Tobacco Product, that but for this exemption would be considered a Flavored Tobacco Product, to be allowed to be removed from the Licensed Location.

C. There shall be a rebuttable presumption that a Tobacco Retailer in possession of four or more Flavored Tobacco Products, including, but not limited to, individual Flavored Tobacco Products, Packages of Flavored Tobacco Products, or any combination thereof, possesses such Flavored Tobacco Products with intent to Sell or offer for Sale.

D. There shall be a rebuttable presumption that a Tobacco Product is a Flavored Tobacco Product if a Tobacco Retailer, Manufacturer, or any employee or agent of a Tobacco Retailer or Manufacturer has:

1. made a public statement or claim that the Tobacco Product imparts a Characterizing Flavor;

2. used text and/or images on the Tobacco Product’s Labeling or Packaging to explicitly or implicitly indicate that the Tobacco Product imparts a Characterizing Flavor; or

3. taken action directed to Consumers that would be reasonably expected to cause Consumers to believe the Tobacco Product imparts a Characterizing Flavor.

4. made a public statement or claim that the Tobacco Product has a minty or cooling effect, such as describing the product as “chill,” “ice,” “fresh,” “arctic,” or “frost.”

5.76.060 Sale of Electronic Smoking Devices Prohibited.

A. It shall be a violation of this Chapter for any Tobacco Retailer or any of the Tobacco Retailer’s agents or employees to Sell or offer for Sale, or to possess with intent to Sell or offer for Sale, any Electronic Smoking Device that delivers natural or synthetic nicotine or any other substance(s), which may or may not include nicotine, to the person inhaling from the device. This includes any component, part, or accessory intended or reasonably expected to be used with the electronic device, whether or not sold separately.

B. There shall be a rebuttable presumption that a Tobacco Retailer in possession of four or more Electronic Smoking Devices, including, but not limited to, any component, part, or accessory intended or reasonably expected to be used with the electronic device, whether or not sold separately, or any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine, and whether natural or synthetic, possesses such Electronic Smoking Devices with intent to Sell or offer for Sale.

5.76.070 Tobacco Product Pricing and Packaging.

A. Packaging and Labeling. No Tobacco Retailer shall Sell any Tobacco Product to any Consumer unless such product: (1) is sold in the original Manufacturer’s Packaging intended for Sale to Consumers; and (2) conforms to all applicable California and federal Labeling requirements.

B. Display of Price. The price of each Tobacco Product offered for Sale shall be clearly and conspicuously displayed to indicate the price of the product.

C. Prohibition of Tobacco Coupons and Discounts. No Tobacco Retailer shall:

1. Honor or redeem, or offer to honor or redeem, a Coupon to allow a Consumer to purchase a Tobacco Product for less than the Full Retail Price;

2. Sell any Tobacco Product to a Consumer through a multiple-Package discount or otherwise provide any such product to a Consumer for less than the Full Retail Price in consideration for the purchase of any Tobacco Product or any other item; or

3. Provide any free or discounted item to a Consumer in consideration for the purchase of any Tobacco Product.

D. Minimum Package Size for Little Cigars and Cigars. No Tobacco Retailer shall Sell to a Consumer:

1. any Little Cigar unless it is sold in a Package of at least twenty (20) Little Cigars; or

2. any Cigar unless it is sold in a Package of at least at least six (6) Cigars; provided, however, that this subsection shall not apply to a Cigar that has a price of at least $10.00 per Cigar, including all applicable taxes and fees.

E. Minimum Prices for Cigarettes, Little Cigars, and Cigars. No Tobacco Retailer shall Sell to a Consumer:

1. Cigarettes at a price that is less than $10.00 per Package of 20 Cigarettes, including all applicable taxes and fees;

2. Little Cigars at a price that is less than $10.00 per Package of Little Cigars, including all applicable taxes and fees; or

3. Cigars at a price that is less than $10.00 per Cigar, including all applicable taxes and fees.

4. The minimum prices established in this section shall be adjusted annually (percent change in the annual average, not seasonally adjusted) by the Department in proportion with the Consumer Price

Index: all urban consumers for all items for the San Francisco area statistical area as reported by the United States Bureau of Labor Statistics or any successor to that index.

5.76.080 Limits On Eligibility for a Tobacco Retailer’s License.

A. Mobile Vending. No License may issue to authorize Tobacco Retailing at other than a fixed physical location, including, but not limited to, Tobacco Retailing by Persons on foot or from vehicles or for delivery services.

B. Licensed Cannabis Businesses. No License may be issued, and no License may be renewed, to authorize Tobacco Retailing at a location licensed for Commercial Cannabis Activity by the State of California in accordance with the Business and Professions Code Division 10. In the course of Tobacco Retailing or in the operation of the business or maintenance of the location for which a License issued, it shall be a violation of this Chapter for a licensee, or any of the licensee’s agents or employees, to engage in Commercial Cannabis Activity.

C. Proximity to Youth-Oriented Establishment. No License may be issued, and no License may be renewed, to authorize Tobacco Retailing within five hundred (500) feet of a Youth-Oriented Establishment as measured by a straight line from the nearest point of the property line of the parcel on which the Youth-Oriented Establishment is located to the nearest point of the property line of the parcel on which the Licensee’s business is located.

At any time a Youth-Oriented Establishment moves within five hundred (500) feet of a licensed Tobacco Retailer, the existing License shall remain valid and may be renewed upon expiration pursuant to all other requirements of this Chapter.

D. Total Number of Tobacco Retailer Licenses. The issuing of Tobacco Retailer Licenses is limited as follows:

1. The total number of Tobacco Retailer’s Licenses within the City shall be limited to no more than forty-one (41).

2. No new License may be issued to authorize Tobacco Retailing if the number of Tobacco Retailer Licenses already issued equals or exceeds the total number authorized pursuant to subsection 1.

E. Bars and Restaurants. No License may be issued, and no License may be renewed, to authorize Tobacco Retailing at any location that is (i) licensed under state law to serve alcoholic beverages for consumption on the premises (e.g., an “onsale” license issued by the California Department of Alcoholic Beverage Control); or (ii) offering food for sale for consumption on the premises. For example, and without limitation, Tobacco Retailing is prohibited in bars and restaurants.

F. Smoking on Premises. No License may be issued, and no License may be renewed, to authorize Tobacco Retailing at any location where Smoking is permitted inside the premises or in any adjacent outdoor area owned, leased, or

operated by the Person to be licensed. In addition, no License may be issued, and no License may be renewed, to authorize Tobacco Retailing at any location where Smoking is permitted within twenty-five (25) feet of any doorway, window, opening, or other vent into the licensed premises. For purposes of this subsection, “Smoking” means inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, electronic device, or any other device that delivers nicotine or other substances to a person. This prohibition on the issuance of a License shall not apply to any Tobacco Retailer that sells Shisha Tobacco Products for the sole purpose of immediate and on-site consumption via a Hookah, and that is in compliance with all requirements of this Chapter and California Labor Code section 6404.5 and California Penal Code section 308(a), as they may be amended.

5.76.090 New License Application Process.

A. Tobacco Retailer’s License Applications. Applications for a Tobacco Retailer’s License shall be physically filed with the Department either in person or by mail. No digital, electronic, facsimile, or other non-physical delivery methods for the License application will be accepted. The number of issued Licenses shall not exceed the number established in 5.76.080.D. Notwithstanding the above, the Department may prescribe additional procedures as necessary for the orderly accepting and issuing of Licenses, including but not limited to how and when License applications are accepted for available slots.

B. Open Application Period. The Department shall begin accepting applications for Tobacco Retailer’s Licenses on October 9, 2025 solely from existing Tobacco Retailers operating lawfully on the date of adoption of this Ordinance. For all other applicants, i.e. applicants that are not existing Tobacco Retailers, the Department shall begin accepting applications for Tobacco Retailer’s Licenses thirty one (31) calendar days from the start of the original application period. The Department shall reject any applications from any applicant that is not an existing Tobacco Retailer if the application is received by the Department prior to the 31st calendar day from the start of the original application period.

C. Tobacco Retailers Existing at the Time this Ordinance is Adopted.

All existing Tobacco Retailers operating lawfully on the date of the adoption of this Ordinance may apply for a Tobacco Retailer’s License and/or a Tobacco Retailer’s Wind-Down Permit pursuant to the following:

1. If the City approves and issues the License to an existing Tobacco Retailer, and if the Tobacco Retailer is legally operating at the time of adoption of this Ordinance, the Licensee may also be issued a no-fee non-renewable twelve (12) month Tobacco Retailer’s Wind-Down Permit, for the specific purpose of selling off tobacco products stock that are not in compliance with the regulations of this Code (i.e. minimum package size, electronic smoking devices, flavored smoking products).

Without a Wind-Down Permit, a Licensee may not sell any prohibited tobacco products in stock under any circumstances and must fully comply with all tobacco retailing regulations in this Ordinance.

2. If the City denies or rejects the License application of an existing Tobacco Retailer based solely on any of the limitations listed in

5.76.080, and if the Tobacco Retailer is legally operating at the time of adoption of this Ordinance, the denied Tobacco Retailer may instead be issued a non-renewable twelve (12) month Tobacco Retailer’s WindDown Permit, for the specific purpose of winding down all tobacco retailing operations and selling off tobacco products. Without a WindDown Permit, a Tobacco Retailer that is not licensed by the City may not operate as a Tobacco Retailer under any circumstances.

3. An issued Wind-Down Permit shall not be renewed by the City and shall only be valid for 12 months from the date the Wind-Down Permit is issued, at which point the Wind-Down Permit shall permanently and immediately terminate along with any allowances or rights included.

D. 30 Day Period to Obtain a License or Wind-Down Permit. All Tobacco Retailers, existing on the date of the adoption of the Ordinance, must be operating either under a License and/or a Wind-Down Permit within thirty (30) calendar days from October 9, 2025. No extensions or waivers shall be granted by the City past the 30 calendar days. Any Tobacco Retailer, existing on the date of the adoption of this Ordinance, that is not operating under either a License or a WindDown Permit within 30 calendar days from October 9, 2025 shall be considered in violation of this Chapter and subject to enforcement or other legal action. The City is prohibited from issuing any Tobacco Retailer’s Wind-Down Permits on the expiration of this initial 30 calendar day period.

5.76.100 New and Renewed License Application Requirements.

A. An application for a new or renewed Tobacco Retailer’s License shall be submitted in the name of each Proprietor proposing to conduct retail tobacco Sales and shall be signed by each Proprietor or an authorized agent thereof. If the License is granted, the Proprietor(s) shall be considered, collectively if more than one Proprietor or singularly if only one Proprietor, the Licensee of the Tobacco Retailer’s License. Applications shall only be accepted by the Department if in compliance with and based on the procedures set by these regulations herein and any additional procedures set by the Department.

B. It is the responsibility of each Proprietor to be informed regarding all laws applicable to Tobacco Retailing, including those laws affecting the issuance of a new or renewed Tobacco Retailer’s License. No Proprietor may rely on the issuance or renewal of a License as a determination by the City that the Proprietor has complied with all laws applicable to Tobacco Retailing. A License issued or renewed contrary to this Chapter, contrary to any other law, or on the basis of false or misleading information supplied by a Proprietor shall be revoked pursuant to Section

5.76.170 of this Chapter. Nothing in this Chapter shall be construed to vest in any Person obtaining and maintaining a Tobacco Retailer’s License any status or right to act as a Tobacco Retailer in contravention of any provision of law.

C. All applications shall be submitted on a form supplied by the Department and shall contain the following information:

1. The name, address, and telephone number of each Proprietor of the business seeking the License.

2. The business name, address, and telephone number of the single fixed location for which a License is sought.

3. A single name and mailing address authorized by each Proprietor to receive all communications and notices (the “Authorized Address”) required by, authorized by, or convenient to the enforcement of this Chapter. If an Authorized Address is not supplied, each Proprietor shall be understood to consent to the provision of notice at the business address specified in subparagraph 2. above.

4. Proof that the location for which a Tobacco Retailer’s License is sought has been issued a valid state license for the Sale of Tobacco Products.

5. Whether or not any Proprietor or any agent of the Proprietor has admitted violating, or has been found to have violated, this Chapter and, if so, the dates and locations of all such violations within the previous five (5) years.

6. If the application is for a renewal of an existing License, whether or not the existing License is currently subject to suspension, and an explanation for any suspension.

7. If the application is for a new License, whether or not the location, for which the License is sought, had been a Licensed Location in the previous five (5) years, and an explanation for any termination of the prior License.

8. A copy of an executed lease agreement or property deed of the single fixed location for which a License is sought.

9. A signed declaration, provided by the Department, signed by each Proprietor stating that to the best of their knowledge the business and location are not disqualified to operate as a Tobacco Retailer under the limitations listed in 5.76.080.

10.Such other information as the Department deems necessary for the administration or enforcement of this Chapter as specified on the application forms required by this section.

D. A licensed Tobacco Retailer shall inform the Department in writing of any change in the information submitted on an application for a Tobacco Retailer’s License within ten (10) business days of a change.

E. All information specified in an application pursuant to this section shall be subject to disclosure under the California Public Records Act (California Government Code section 7920.000, et seq.) or any other applicable law.

5.76.110 Denial of Application for a License.

The Department shall deny the issuance or renewal of a License when the Department obtains substantial evidence demonstrating that one or more of the following bases for denial exists:

A. The information presented in the application is inaccurate or false.

Intentionally supplying inaccurate or false information shall be a violation of this Chapter;
B. The application seeks authorization for Tobacco Retailing at a location for which this Chapter prohibits a license to be issued; C. The application seeks authorization for Tobacco Retailing for a Proprietor to whom this Chapter prohibits a License to be issued; and/or D. The application seeks authorization for Tobacco Retailing that is prohibited pursuant to this Chapter (e.g., mobile vending), that is unlawful pursuant to this Code, or that is unlawful pursuant to any other law.

5.76.120 License Renewal and Expiration.

A. Renewal of License. A Tobacco Retailer’s License is invalid if the appropriate fee has not been timely paid in full or if the term of the License has expired.

The term of a Tobacco Retailer’s License is one year. Each Licensee shall apply for the renewal of their Tobacco Retailer’s License and submit the license fee no later than thirty (30) days prior to expiration of the term.

B. Expiration of License. A Tobacco Retailer’s License that is not timely renewed shall expire at the end of its term. To renew a License not timely renewed, the Proprietor must:

1. submit the license fee and application renewal form; and

2. submit a signed affidavit affirming that the Proprietor has not sold and will not sell any Tobacco Product or Tobacco Paraphernalia after the License expiration date and before the License is renewed.

5.76.130 Licenses Nontransferable.

A. A Tobacco Retailer’s License may not be transferred from one Person to another or from one location to another. A new Tobacco Retailer’s License is required whenever a Tobacco Retailing location has a change in Proprietor(s). Any existing License, suspended or otherwise valid, shall immediately and automatically terminate

upon the change in Proprietor(s) of the Licensed Location without any action taken by the City.

B. Notwithstanding any other provision of this Chapter, prior violations at a location shall continue to be counted against a location and License ineligibility periods shall continue to apply to a location.

5.76.140 License Conveys a Limited, Conditional Privilege.

Nothing in this Chapter shall be construed to grant any Person obtaining and maintaining a Tobacco Retailer’s License any status or right other than the limited conditional privilege to act as a Tobacco Retailer at the location in the City identified on the face of the License, for the length of time the License is valid, excluding any renewal. Further, a Licensee has no granted, inherent, implied, apparent, or privileged right for a renewal of their License. Nothing in this Chapter shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law, including, but not limited to:

A. any provision of this Code; and/or
B. any condition or limitation on smoking in an enclosed place of employment pursuant to California Labor Code section 6404.5. Obtaining a Tobacco Retailer’s License does not make the retailer a “retail or wholesale tobacco shop” for the purposes of California Labor Code section 6404.5.

5.76.150 License Fee.

The fees to issue or to renew a Tobacco Retailer’s License shall be established in the Cost Allocation Plan and Schedule of City Fees. The fees shall be calculated so as to recover the total cost of License administration, including, issuing the License, administering the License Program, retailer education, retailer inspection and compliance checks, but shall not exceed the cost of the regulatory Program authorized by the Chapter. All fees shall be used exclusively to fund the Program.

Fees are nonrefundable except as may be required by law.

5.76.160 Compliance Monitoring and Right of Entry.

A. To the extent permissible by law, the Department, the Brentwood Police Department, or their designees, or any peace officer, shall have the right to enter and inspect any Tobacco Retailer for the purpose of ensuring compliance with these regulations, provided that any such entry and inspection shall be conducted in a reasonable manner. This right to enter and inspect may be exercised by the City regardless of any suspected violation by the Tobacco Retailer. If the Proprietor or his or her agents or employees refuses permission to enter, inspect, or investigate the establishment, the City may seek an inspection warrant pursuant to the provisions of California Code of Civil Procedure Sections 1822.50 et seq., or any successor legislation thereto. In addition, any peace officer may enforce the penal provisions of this Chapter. The City may designate additional Persons to monitor compliance with this Chapter.

B. The Department shall perform at least two (2) compliance checks, and the Police Department shall perform at least one (1) Decoy Operation on each Tobacco Retailer per twelve (12) month period. Nothing in this paragraph shall create a right of action in any Licensee, Proprietor, third party, or other Person against the City or its agents. If a violation has occurred, the Tobacco Retailer shall be inspected again within three (3) months. All Licensed Locations must be open to inspection by designated persons during regular business hours.

C. The City Council of the City of Brentwood does not intend and nothing in this Chapter shall be interpreted to penalize the purchase, use, possession, or attempted purchase, use, or possession of Tobacco Products or Tobacco Paraphernalia by Persons under twenty-one years of age; provided, however, that Persons under twenty-one years of age remain subject to generally applicable laws regulating such conduct without respect to the Person’s age.

5.76.170 Suspension or Revocation of License.

A. Suspension or Revocation of License for Violation. In addition to any other penalty authorized by law, and pursuant to Brentwood Municipal Code Chapter 1.24 as amended but specifically excluding section 1.24.030 “Amount of Fines,” a Tobacco Retailer’s License shall be suspended or revoked if any court of competent jurisdiction determines, or the Department finds based on a preponderance of the evidence, that the Licensee, or any of the Licensee’s agents or employees, has violated any of the requirements, conditions, or prohibitions of this Chapter or has pleaded guilty, “no contest” or its equivalent, or admitted to a violation of any law of this Chapter, as follows:

1. Upon a finding by the Department, or other jurisdictional body, of a first violation of this Chapter the License shall be suspended for sixty (60) calendar days, and the Licensee shall be subject to a civil fine of one thousand dollars ($1,000). The Licensee shall come into compliance prior to the end of the sixty (60) day suspension. If after, the sixty (60) calendar day suspension ends, the Licensee has yet to come into compliance, a second violation shall automatically be added and enforced.

2. Upon a finding by the Department, or other jurisdictional body, of a second violation of this Chapter at a location within any five-year (5) period, or upon failure to come into compliance due to the first violation (as described above), the License shall be suspended for one hundred and twenty (120) calendar days and the Licensee shall be fined one thousand dollars ($1,000). The Licensee shall come into compliance prior to the end of the one hundred and twenty (120) day suspension. If after, the one hundred and twenty (120) calendar day suspension ends, the Licensee has yet to come into compliance, a third violation shall automatically be added and enforced.

3. Upon a finding by the Department, or other jurisdictional body, of a third violation of this Chapter at a location within any five-year (5) period, the

License shall be revoked, the Licensee shall have no right of renewal for that location, and the Licensee shall be fined one thousand dollars ($1,000).

B. Effect on Renewal. Any suspension of a License pursuant to section

5.76.170 does not affect the right of the Licensee to renew the suspended License.

If the renewal of the License occurs prior to the end of the suspension period, and the Licensee renews the suspended License, the suspension shall continue for its required period. Any revocation of a License shall necessarily terminate any rights the Licensee has to renewal of the revoked License.

C. Appeal of Suspension or Revocation. A decision of the Department to suspend or revoke a License is appealable to City Council and any appeal must be filed in writing with City Clerk within ten (10) business days of mailing of the Department’s decision. If such an appeal is timely made, it shall stay enforcement of the appealed action. An appeal to the City Council is not available for a revocation made pursuant to subsection (D) below.

D. Revocation of License Wrongly Issued. A Tobacco Retailer’s License shall be revoked if the Department finds, after the Licensee is afforded notice and an opportunity to be heard, that one or more of the bases for denial of a License under Section 5.76.110, 5.76.080, or other Section existed at the time application was made or at any time before the License was issued or renewed. The decision by the Department shall be the final decision of the City. Such a revocation shall be without prejudice to the filing of a new License application.

5.76.180 Tobacco Retailing Without a Valid License.

A. In addition to any other penalty authorized by law, if a court of competent jurisdiction determines, or the Department finds based on a preponderance of evidence, that any Person has engaged in Tobacco Retailing at a location without a valid Tobacco Retailer’s License or under a suspended License, then all of the following shall apply:

1. The Person shall be in violation of this Chapter and shall be ineligible to apply for, be issued, or renew a Tobacco Retailer’s License for any location within the jurisdictional boundaries of the City; if the Person holds a valid License(s) for other Licensed Location(s), said License(s) for those Licensed Location(s) shall continue to be valid until its expiration at which point that Person shall be ineligible to renew said License(s);

2. The location of the violation shall not be eligible to be included in any License application as a potential Licensed Location, regardless of ownership transfer of the property or business via an Arm’s Length Transaction or not; and

3. The Person shall be subject to a civil fine of one thousand dollars ($1,000). Any imposed fines and costs are recoverable by the City pursuant to Brentwood Municipal Code sections 1.24.040, 1.24.100,

1.24.110, 1.24.130, in addition to all other legal remedies at law or equity.

4. The Person may appeal the determination via the avenues available in Brentwood Municipal Code Chapter 1.24, specifically, sections 1.24.050,

1.24.060, 1.24.070, 1.24.080, and 1.24.090, as amended.

B. Tobacco Products and Tobacco Paraphernalia offered for Sale or exchange in violation of this section are subject to seizure by the relevant authority or any peace officer and shall be forfeited after the licensee and any other owner of the Tobacco Products and Tobacco Paraphernalia seized is given reasonable notice and an opportunity to demonstrate that the Tobacco Products and Tobacco Paraphernalia were not offered for Sale or exchange in violation of this Chapter. The decision by the Department may be appealed pursuant to the procedures set forth in Section 5.76.170. Forfeited Tobacco Products and Tobacco Paraphernalia shall be destroyed after all internal appeals have been exhausted and the time in which to seek judicial review pursuant to California Code of Civil Procedure section 1094.6 or other applicable law has expired without the filing of a lawsuit or, if such a suit is filed, after judgment in that suit becomes final.

C. For the purposes of the civil remedies provided in this Chapter:

1. Each day on which a Tobacco Product or Tobacco Paraphernalia is offered for Sale in violation of this Chapter shall constitute a separate violation of this Chapter; and

2. Each individual retail Tobacco Product and each individual retail item of Tobacco Paraphernalia that is distributed, sold, or offered for Sale in violation of this Chapter shall constitute a separate violation of this Chapter.

5.76.190 Liability for Expenses.

Any Tobacco Retailer who is found to have violated any of the regulations, rules, or limitations as outline in this Chapter shall be liable for such costs, expenses and disbursements paid or incurred by the City or any of its contractors in the correction, abatement, prosecution of, or administrative hearing on, the violation. Reinspection and penalty fees, and all costs and expenses to ascertain compliance with previously noticed violations shall be charged to the Proprietor(s) of the Tobacco Retailer, as set by the City Council in the Cost Allocation Plan and Schedule of City Fees. However, the City reserves the right to recover any and all outstanding enforcement costs and charges incurred by the Tobacco Retailer from the Property Owner for noncompliance or non-payment pursuant to Title 8, Chapter 8 of the Brentwood Municipal Code or any other available legal remedy.

5.76.200 Additional Remedies.

A. The remedies provided by this Chapter are cumulative and in addition to any other remedies available at law or in equity.

B. Whenever evidence of a violation of this Chapter is obtained in any part through the participation of a Person under the age of twenty-one (21) years old, such a Person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this Chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented.

C. Violations of this Chapter are subject to a civil action brought by the City Attorney, punishable by a civil fine equal to one thousand dollars ($1,000) per violation.

D. Violations of this Chapter may, in the discretion of the City Prosecutor, be prosecuted as infractions or misdemeanors when the interests of justice so require.

E. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Chapter shall also constitute a violation of this Chapter.

F. Any violation of this Chapter is hereby declared a public nuisance, subject to all applicable civil, administrative, and criminal remedies and penalties according to the provisions and procedures of contained in the Brentwood Code of Ordinances and state law, including but not limited to, an action for abatement or injunctive relief.

G. In addition to other remedies provided by this Chapter or by other law, any violation of this Chapter may be remedied by a civil action brought by the City Attorney, including, for example, administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief.

5.76.210 Other Laws.

This Chapter does not intend and shall not be interpreted to regulate any conduct where the regulation of such conduct has been preempted by the United States or the State of California.”
SECTION 3.This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA,” codified at Public Resources Code §§ 21000, et seq., as further governed by the State CEQA Guidelines, found at 14 CCR §§ 15000, et seq.) pursuant to State CEQA Guidelines, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. 14 CCR § 15378(a). Further, this Ordinance is exempt from CEQA as there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. 14 CCR § 15061(b)(3). The City Clerk shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.

SECTION 4. Entry into Municipal Code. The City Clerk is requested to cause the quoted text in Section 2 above to be entered in the Brentwood Municipal Code.

SECTION 5. Publication. 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 6. Severability. If any 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 7. Effective Date. This ordinance will take effect and be in force 30 days following its adoption.

THE FORGOING ORDINANCE was introduced with the first reading waived at a regular meeting of Brentwood City Council on the 26th day of August 2025 by the following vote:

AYES: Maloney, Mendoza, Oerlemans, Pierson, Mayor Meyer NOES: None
ABSENT: None
RECUSE: None
THE FORGOING ORDINANCE was adopted with the second reading waived at a regular meeting of Brentwood City Council on the 9th day of September 2025 by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:
1 21 U.S.C. § 387g(a)(1)(A).
2 Villanti AC, Johnson AL, Ambrose BK, et al. Flavored Tobacco Product Use in Youth and Adults: Findings From the First Wave of the PATH Study (2013-2014). Am J Prev Med. 2017;53(2):139-151. doi: 10.1016/j.amepre.2017.01.026.
3 U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. 2012.

Available at: https://www.cdc.gov/tobacco/sgr/2012/consumer_booklet/pdfs/consumer.pdf. 4 Cal. Penal Code § 308.3(a).
5 California Department of Public Health California Tobacco Control Program. HSHC Retail Survey Results 2020- All Counties. 2020. Available at:
https://healthystoreshealthycommunity.com/media-center/#pdf_resources.

6 Gammon DG, Loomis BR, Dench DL, King BA, Fulmer EB, Rogers T. Effect of price changes in little cigars and cigarettes on little cigar sales: USA, Q4 2011-Q4 2013. Tob Control. 2016;25(5):538-544. doi: 10.1136/tobaccocontrol-2015-052343. 7 Ringel JS, Wasserman J, Andreyeva T. Effects of public policy on adolescents' cigar use:
evidence from the National Youth Tobacco Survey. Am J Public Health. 2005;95(6):995- 998. doi: 10.2105/AJPH.2003.030411.
8 Huang J, Chriqui JF, DeLong H, Mirza M, Diaz MC, Chaloupka FJ. Do state minimum markup/price laws work? Evidence from retail scanner data and TUS-CPS. Tob Control. 2016;25(Suppl 1):i52-i59. doi: 10.1136/tobaccocontrol-2016-053093. 9 Chuang YC, Cubbin C, Ahn D, Winkleby MA. Effects of neighbourhood socioeconomic status and convenience store concentration on individual level smoking. J Epidemiol Community Health. 2005;59(7):568-573. doi: 10.1136/jech.2004.029041. 10 Henriksen L, Feighery EC, Schleicher NC, Cowling DW, Kline RS, Fortmann SP. Is adolescent smoking related to the density and proximity of tobacco outlets and retail cigarette advertising near schools? Prev Med. 2008;47(2):210-214. doi:

10.1016/j.ypmed.2008.04.008.
11 Henriksen L, Schleicher NC, Ababseh K, Johnson TO, Fortmann SP. Marijuana as a 'concept' flavour for cigar products: availability and price near California schools. Tob Control. 2017. doi: 10.1136/tobaccocontrol-2017-053961. 12 Macinko J, Silver D. Impact of New York City's 2014 Increased Minimum Legal Purchase Age on Youth Tobacco Use. Am J Public Health. 2018;108(5):669-675. doi:

10.2105/AJPH.2018.304340.
13 Institute of Medicine Committee on Preventing Nicotine Addiction in Children and Youths.

Youth Access to Tobacco Products. In: Lynch BS, Bonnie RJ, eds. Growing Up Tobacco Free:

Preventing Nicotine Addiction in Children and Youths. Washington, DC: National Academies Press. 1994.
14 PETS Policy Evaluation Tracking System. Matrix of Policies Regulating Tobacco Sales in California. 2023. Available at:
https://pets.tcspartners.org/files/Matrix%20of%20Policies%20with%20Tobacco%20Retailer %20Regulations_July%202023.pdf.

BRENTWOOD BL

FAIRVIEW AV

SUNSET RD

DAINTY AV
OAK ST

VENTURA DR

O'HARA AV

WALNUT BL

CENTRAL BL

LONE TREE WY

JOHN MUIR PW

CONCORD AV
SR 4
Krey
Elementary
Adams
Middle
School
Heritage
High School
La Paloma
High School
Brentwood
Elementary
Liberty
High
School
Independence
High School
Edna Hill
Middle
School
Garin
Elementary
Vineyard
Academy
Mary Casey
Black
Elementary
Marsh Creek
Elementary
Bristow
Middle
School
Isaac R.

Montanez
Elementary
Pioneer
Elementary
Celebration
Center
Golden Hills
Christian
School
Loma Vista
Elementary
Ron Nunn
Elementary

BALFOUR RD
Brentwood Tobacco Retailers Within 500 Feet of a School (K-12 Public or Private) Contra Costa Health, September 2025
0 0.25 0.5 1 Miles ´
Source: California Department of Tax and Fee Administration (CDTFA), California Department of Education (CDE).

Two tobacco retailers are within 500 feet of a school.

Legend
Tobacco retailer within 500 feet of a school
Tobacco retailer not within 500 feet of a school
School
500 feet buffer of school
Brentwood City Limits
For Illustrative Purposes Only

CITY COUNCIL AGENDA ITEM NO. F.4
09/09/2025
SUBJECT: Acceptance of Improvements at the Vineyards at Marsh Creek Project – Parcel ‘C-3’
DEPARTMENT: Parks and Recreation
STAFF: E. Harith Aleem, Jr., Director of Parks and Recreation Janice Ellis, Park Planner

TITLE/RECOMMENDATION
Adopt a Resolution accepting the public improvements that were conditioned to be constructed by the developer with the approval of the Vineyards at Marsh Creek project.

Staff’s recommendation is to adopt a Resolution accepting approximately 0.81 acres of agricultural landscaping improvements (olive orchards) in the Vineyards at Marsh Creek development (Subdivision No. 8796) for maintenance by the City and to request the City Clerk file the Resolution with the Contra Costa County Recorder.

FISCAL IMPACT
There will be no fiscal impact to the City as a result of accepting these improvements.

As outlined in the agreement attached to this staff report, the Vineyards at Marsh Creek Homeowners’ Association will be responsible for the maintenance of the agricultural landscaping improvements constructed on these City-owned parcels upon the City’s acceptance.

Per the provisions of the agreement, in the event that the City exercises its right to revoke the agreement with Vineyards at Marsh Creek Homeowners’ Association for failure to maintain these parcels to the standards set forth in the agreement, the Vineyards Landscape and Lighting Assessment District 06-3 would provide funding for the City to take over maintenance of these agricultural landscaping improvements.

BACKGROUND
Trilogy Vineyards, LLC (Shea), the developer of the Vineyards at Marsh Creek project, (Subdivision 8796), has submitted a request for the City to accept the agricultural

CITY COUNCIL AGENDA ITEM NO. F.4
09/09/2025
landscaping improvements (olive orchards) constructed on Parcel ‘C-3’, totaling approximately 0.81 acres.

The required offer of dedication of this parcel was made with the recordation of the Final Map for the subdivision listed above. The dedication was made for the purposes of open space landscaping and agricultural use and the City accepted the dedication of real property for these purposes. In 2006, the developer also established a funding source for the ongoing maintenance of the agricultural landscaping improvements on this parcel with the formation of Landscape and Lighting Assessment District (LLAD) 06-3.

Trilogy Vineyards, LLC, recently completed the agricultural landscaping improvements on the subject parcel. The improvements include the planting of olive orchards and the installation of the necessary irrigation infrastructure and systems.

City staff conducted the required inspections during and following construction, and the mandatory 90-day maintenance period has been satisfied. Staff determined that the improvements, including plant material, irrigation and utility infrastructure, have been installed on the subject parcel is in substantial conformance with the approved plans and Parks and Recreation Department specifications.

In 2016, under a provision contained in the Development Agreement for the Vineyards at Marsh Creek project, the developer requested that the City relinquish maintenance responsibilities of the agricultural landscaping improvements on the City-owned agricultural parcels to the Vineyards at Marsh Creek Homeowners’ Association. Subsequently, a Revocable License Agreement and Right to Enter, Construct and Maintain Agricultural Parcels was executed between the City of Brentwood, Trilogy Vineyards, LLC, and the Vineyards at Marsh Creek Homeowners’ Association. Under this agreement, the City Council’s action to accept the agricultural landscaping improvements triggers the beginning of the homeowners associations’ responsibility for maintenance. The Vineyards at Marsh Creek Homeowners’ Association is aware of the upcoming acceptance of the improvements and has funding and maintenance contracts in place to begin maintenance activities starting Wednesday, September 10, 2025.

This action will formally accept for ongoing maintenance by the City the agricultural landscaping improvements on the parcel specified above. Pursuant to the agreement, the City will immediately relinquish maintenance responsibilities to the Vineyards at Marsh Creek Homeowners’ Association, who will assume maintenance responsibilities under the agreement.

CITY COUNCIL AGENDA ITEM NO. F.4
09/09/2025
The developer will be responsible for the usual 12-month warranty period for all trees and irrigation system.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)

1. If the City Council does not approve staff’s recommendation, no official Resolution for this item will be filed and the developer will continue to maintain the improvements until such time City Council accepts the parcel.

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

ATTACHMENT(S)

1. Previous Action

2. Revocable License Agreement

3. Resolution

4. Exhibit A – Location Map

5. Exhibit B – Completion Photos

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 16, 2004, the City of Brentwood Planning Commission, by Resolution No. 04-20, approved the Vesting Tentative Map for the Trilogy Vineyards, Subdivision 8796 as submitted by Developer.

On April 13, 2004, the City Council adopted Ordinance No. 778, approving the Development Agreement for The Vineyards at Marsh Creek project (DA 04-01.

On December 12, 2006, the City Council adopted Resolution 2006-297, ordering the formation of Landscape and Lighting Assessment District No. 06-3 (Vineyards), ordering improvements, and confirming the diagram and assessments for the District as shown in the Formation of Landscape and Lighting Assessment District No. 06-3 (Vineyards) in the Final Engineer's Report for the Consolidated Landscape and Lighting Assessment Districts for Mid- Year Fiscal Year 2006/2007 pursuant to the Streets and Highways Code "Landscaping and Lighting Act of 1972" and Proposition No. 2018.

On January 11, 2011, the City Council adopted Ordinance No. 886, approving an amendment to the Development Agreement for The Vineyards at Marsh Creek project (DA 04- 01-A1) (the "First Amendment").

On December 11, 2012, the City Council adopted Ordinance No. 908, approving a second amendment to the Development Agreement for The Vineyards at Marsh Creek project (DA 04-01-A2) (the "Second Amendment). The Original Development Agreement, First Amendment, and Second Amendment are collectively referred to herein as the "Development Agreement.

On May 24, 2016, the City Council adopted Resolution No. 2016-67, approving and authorizing the City Manager to execute a Revocable License Agreement between the City of Brentwood, Trilogy Vineyards, LLC and Vineyards at Marsh Creek Homeowners Association to enter, construct and maintain agricultural parcels owned by the City of Brentwood with the Trilogy Vineyards development.

On May 24, 2016, the City of Brentwood relinquished maintenance of the agricultural landscaping improvements to the Vineyards at Marsh Creek Homeowners Association subject to the provisions contained in the Revocable License Agreement and Right to Enter, Construct and Maintain Agricultural Parcels.

RESOLUTION NO. 25-XX
A RESOLUTION ACCEPTING .81 ACRE OF AGRICULTURAL

LANDSCAPING IMPROVEMENTS IN THE VINEYARDS AT MARSH CREEK DEVELOPMENT (SUBDIVISION 8796) FOR MAINTENANCE BY THE CITY

AND REQUESTING THE CITY CLERK TO FILE THIS RESOLUTION WITH

THE RECORDER OF CONTRA COSTA COUNTY
WHEREAS, on March 16, 2004, the City of Brentwood Planning Commission, by Resolution No. 04-20, approved the Vesting Tentative Map for the Trilogy Vineyards, Subdivision 8796 as submitted by developer Trilogy Vineyards, LLC (Developer); and
WHEREAS, on April 13, 2004, the City Council adopted Ordinance No. 778, approving the Development Agreement for The Vineyards at Marsh Creek project (DA 04-01); and
WHEREAS, on December 12, 2006, the City Council adopted Resolution No. 2006-297 ordering the formation of Landscape and Lighting Assessment District No. 06-3 (Vineyards), ordering improvements, and confirming the diagram and assessments for the District as shown in the Formation of Landscape and Lighting Assessment District No. 06-3 (Vineyards) in the Final Engineer’s Report for the Consolidated Landscape and Lighting Assessment Districts for Mid-Year Fiscal Year 2006/2007 pursuant to the Streets and Highways Code “Landscaping and Lighting Act of 1972” and Proposition No. 2018; and
WHEREAS, on January 11, 2011, the City Council adopted Ordinance No. 886, approving an amendment to the Development Agreement for The Vineyards at Marsh Creek project (DA 04-01-A1) (the “First Amendment”); and WHEREAS, on December 11, 2012, the City Council adopted Ordinance No. 908, approving a second amendment to the Development Agreement for The Vineyards at Marsh Creek project (DA 04-01-A2) (the “Second Amendment). The Original Development Agreement, First Amendment, and Second Amendment are collectively referred to herein as the “Development Agreement”; and WHEREAS, pursuant to the conditions of approval for the Project, the City of Brentwood (“City”) accepted dedication of certain real property designated on the Subdivision Map No. 8796 as Parcels C4, D4, B4, D2, A, B, D, B5, C3 and W (“Property”), shown in Exhibit A and incorporated herein by this reference, for the purposes of preserving the Property as open space devoted to agricultural purposes and maintained by the City; and
WHEREAS, as a part of City’s approval of the Project, Developer was required to plant grape vines and olive trees and construct appurtenant improvement, including irrigation and access roads (“Agricultural Improvements”) on the Property.

The Required Agricultural Improvements are shown on those certain plans being 34

pages labeled Vineyards at Marsh Creek LLD-Vineyards and Orchards Agriculture Planes (total Acreage 51.27), Subdivision No. 8796, prepared and stamped on September 1, 2006 by Randall Planning & Design, Inc., and approved by the City Engineer on September 12, 2006 and the Parks and Recreation Director on September 11, 2006 (“Agricultural Improvement Plan”), as may be amended from time to time. Under the Development Agreement, Developer was required to complete the planting and construction of the Agricultural Improvements on Parcel ‘C-3’ in conformance with the Agricultural Improvement Plan, any pertinent portion of the Developer’s improvement plans, and City of Brentwood Standard Plans and Specifications in effect at the time of construction; and WHEREAS, on May 24, 2016, the City Council adopted Resolution No. 2016- 67, approving and authorizing the City Manager to execute a Revocable License Agreement between the City of Brentwood, Trilogy Vineyards, LLC and Vineyards at Marsh Creek Homeowners’ Association to enter, construct and maintain agricultural parcels owned by the City of Brentwood with the Trilogy Vineyards development; and WHEREAS, on December 21, 2021, the City Council adopted Resolution No. 2021-157, approving the execution of a Public Improvement Agreement with Trilogy Vineyards, LLC to memorialize the terms for the completion of outstanding improvements following the expiration of the existing Development Agreement on January 1, 2022; and
WHEREAS, as a part of City’s approval of the Vineyards development, Trilogy Vineyards, LLC was required to plant olive trees and constructed appurtenant improvement, including irrigation and access roads ( the Agricultural Improvements described above) on Parcel ‘C-3’; and
WHEREAS, City staff inspected the Agricultural Improvements on Parcel ‘C-3’ and confirmed that they comply with the Parks and Recreation Department specifications.

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

1. Accepts for ongoing maintenance by the City, the olive trees and constructed appurtenant improvement, including irrigation and access roads (“Agricultural Improvements”) on the Property to construct park and landscaping improvements on Parcel ‘C-3’. (Subdivision No. 8796).

2. Accepts the above Parcel ‘C-3’ Agricultural Improvements and materials for maintenance as of September 9, 2025.

3. Relinquishes maintenance of the agricultural landscaping improvements to the Vineyards at Marsh Creek Homeowners’ Association subject to the provisions contained in the Revocable License Agreement and Right to Enter, Construct and Maintain Agricultural Parcels, dated May 24, 2016.

4. Requests the City Clerk to file this Resolution with the Recorder of Contra Costa County.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held the 9th day of September, 2025 by the following vote:

EXHIBIT A – LOCATION MAP

AGRICULTURAL LANDSCAPING IMPROVEMENTS VINEYARDS
(Subdivision 8796)
Parcel ‘C-3’

EXHIBIT B - COMPLETION PHOTOS

AGRICULTURAL LANDSCAPING IMPROVEMENTS VINEYARDS
(Subdivision 8796)
Parcel ‘C-3’
Olive Orchard

CITY COUNCIL AGENDA ITEM NO. F.5
09/09/2025
SUBJECT: Notice of Completion for Modernscapes Innovations for the Pavement Management Program 2025 (Concrete)
DEPARTMENT: Engineering Department
STAFF: Allen Baquilar, Director of Engineering/City Engineer Vatsal Patel, Engineering Manager
Brant Wilson, Associate Civil Engineer

TITLE/RECOMMENDATION
Adopt a Resolution accepting the work performed by Modernscapes Innovations (“Contractor”) for the Pavement Management Program 2025 (Concrete), CIP Project No. 336-31704 (“Project”); and request the City Clerk to file a Notice of Completion with the County Recorder.

A Notice of Exemption was filed with the County Recorder on March 18, 2025.

FISCAL IMPACT
The total contract amount for the work performed by the Contractor is as follows:

Contractor Final Contract Amount Council Approved Amount (Including Contingency)
Modernscapes
Innovations $436,152.55 $436,523.00
The final cost of the Project is approximately 0.1% less than the City Council approved amount for this contract. This Project was funded by the Road Maintenance and Rehabilitation Account (RMRA) and the General Fund.

BACKGROUND
This Project removed and replaced existing sidewalk, driveway approaches, street curbs and gutters, and accessible ramps to meet the Americans with Disabilities Act standards; removed trees; and raised or lowered utility covers to match the street level throughout the City.

CITY COUNCIL AGENDA ITEM NO. F.5
09/09/2025
The Contractor completed all improvements on August 28, 2025, per the contract documents. Therefore, staff is recommending acceptance of the work performed by the Contractor, and the filing of a Notice of Completion with the County Recorder.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
A Notice of Exemption was filed with the County Recorder on March 18, 2025.

ALTERNATIVE OPTION(S)

1. Do not approve staff’s recommendation.

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

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Acceptance Photographs

4. Notice of Completion

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 May 28, 2024, by Resolution No. 2024-56, the City Council adopted the 2024/25 – 2028/29 Capital Improvement Program (“CIP”), which included the Pavement Management Program 2025 (Concrete), CIP Project No. 336-31704 (“Project”).

On April 8, 2025, by Resolution No. 2025-35, the City Council approved the contract documents, awarded the bid and authorized the City Manager or designee to execute a construction contract and necessary documents for the Project, with Modernscapes Innovations, as the lowest responsible and responsive bidder, in the amount of $379,586, plus funding authorization for a 15% contingency of $56,937, for a total funding authorization not to exceed amount of $436,523.

On July 22, 2025, by Resolution No. 2025-82, the City Council adopted the 2025/26–2029/30 CIP, which included the Project.

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD ACCEPTING THE WORK PERFORMED BY

MODERNSCAPES INNOVATIONS FOR THE PAVEMENT
MANAGEMENT PROGRAM 2025 (CONCRETE), CIP PROJECT NO.
336-31704; AND REQUESTING THE CITY CLERK TO FILE A
NOTICE OF COMPLETION WITH THE COUNTY RECORDER.

WHEREAS, on May 28, 2024, by Resolution No. 2024-56, the City Council adopted the 2024/25 – 2028/29 Capital Improvement Program, which included the Pavement Management Program 2025, CIP Project No. 336-31704 (“Project”); and WHEREAS, this Project is consisted of the removal and replacement of existing sidewalks, driveway approaches, street curbs and gutters, and accessible ramps to meet the Americans with Disabilities Act standards; removed trees; and raised or lowered utility covers to match the street level, throughout the City; and WHEREAS, the Contractor completed all improvements on August 28, 2025, per the contract documents; and
WHEREAS, staff is recommending that the work performed by the Contractor be accepted, and the Notice of Completion be filed with the County Recorder.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby accept the work performed by Modernscapes Innovations for the Pavement Management Program 2025 (Concrete), CIP Project No. 336-31704 and requests the City Clerk file a Notice of Completion with the County Recorder.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 9th day of September 2025 by the following vote:

Acceptance of Pavement Management Program 2025 (Concrete) CIP Project No. 336-31704

Pavement Management Program 2025 (Concrete) NOTICE OF COMPLETION CIP Project No. 336-31704 CA 09-15-21 Page 1
Recording Requested By:

City of Brentwood
When Recorded Mail To:

City Clerk
City of Brentwood
150 City Park Way
Brentwood, CA 94513

EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §§ 6103, 27383
SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

NOTICE OF COMPLETION
Civil Code §§ 8182, 8184, 9204, and 9208
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is the agent of the owner of the Project described below.

2. Owner’s full name is City of Brentwood (“City”).

3. City’s address is 150 City Park Way, Brentwood, CA 94513.

4. The nature of City’s interest in the Project is:

X Fee Ownership __ Lessee __ Other:__________________

5. Construction work on the Project performed on City’s behalf is generally described as follows: Pavement Management Program 2025 (Concrete), CIP Project No. 336-31704.

6. The name of the original Contractor for the Project is: Modernscapes Innovations

7. The Project was accepted as complete on: September 9, 2025.

8. The Project is located in Brentwood, CA 94513 as follows: upgraded curb ramps to be ADA compliant; removed and replaced existing sidewalk, driveway approaches, curb and gutter; and removed trees.

Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct. __________________________ ________________________________ Date Amanda McVey, City Clerk
City of Brentwood, California

EXEMPT FROM NOTARY ACKNOWLEDGMENT REQUIREMENTS PER
GOVERNMENT CODE § 27287 AND CIVIL CODE § 9208

CITY COUNCIL AGENDA ITEM NO. G.1
09/09/2025
SUBJECT: Review of the Evening Basketball Program Request for Proposals DEPARTMENT: Parks and Recreation
STAFF: Harith Aleem, Parks and Recreation Director
Thien Nguyen, Recreation Manager
Amanda Chaney, Recreation Supervisor

TITLE/RECOMMENDATION
Review and discuss a draft Request for Proposals (“RFP”) for an evening basketball program.

FISCAL IMPACT
There is no fiscal impact associated with this action; however, if implemented, the cost for an evening basketball program would be funded by the General Fund. This funding would require a budget amendment that would be incorporated into a future evening basketball agenda item after the RFP process is completed.

At the Mid-Term Operating Budget review at the City Council meeting on July 1, 2025, an updated two-year 2024/25 -2025/26 General Fund projection was presented.

Although the projection showed a positive result from ongoing operations and a likely surplus in FY 2024/25, the increase in the required 30% General Fund reserve is projected to result in a draw from the Budget Stabilization Fund of $450,000 in FY 2025/26.

The current General Fund Fiscal Model projects a remaining Budget Stabilization Fund balance of $2.1 million at the end of the ten-year projection timeframe.

BACKGROUND
On February 28, 2025, the City Council adopted Resolution No. 2025-19, which approved a Memorandum of Understanding between the City of Brentwood and Grace Arms of Antioch for a $25,000 one-time payment for the operation of its basketball program to support at-risk youth in East Contra Costa County. This program was run at the Antioch Community Center. To date, Grace Arms of Antioch has been unable to secure a location and as a result no funding has been distributed for the program.

CITY COUNCIL AGENDA ITEM NO. G.1
09/09/2025
Since February, the City Council has identified the need for increased support and recreation programming for at-risk youth, particularly during the evening hours, and requested staff to create a Request for Proposals (RFP) for this purpose. In response, staff drafted an RFP, and will be seeking proposals from qualified organizational and community groups that can design, implement, and manage a comprehensive basketball league aimed at engaging youth and young adults.

City Council requested the following requirements be included as part of the RFP, with points given for:
 Number of Brentwood residents
 Number of players served
 Location (Brentwood preferred)
 Access to public transportation
 Ability to offer opportunities to individuals with disabilities  Other services offered, including mentorship
 Age range of target audience
 A detailed outreach plan
City staff recommends the City Council receive, review, and discuss this item, and provide feedback of the draft RFP. City Staff will finalize an RFP based upon the discussion of the City Council and release the RFP before the end of the year.

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

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

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)

CITY COUNCIL AGENDA ITEM NO. G.1
09/09/2025
Alternative Options to the Staff Recommendation:

1. Modify staff’s recommendation. City Council may choose to provide modifications to the RFP presented, with additional direction to City Staff to move this item forward.

2. Continue item with direction for staff to return with additional information to be considered and further discussed at a future date.

3. Take no action

ATTACHMENT(S)

1. Previous Action

2. Draft RFP

3. Sample Instructor Agreement

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 November 12, 2024, Council Member Pierson and Council Member Oerlemans requested a future agenda item requesting the City Council consider funding a youth midnight basketball league for ages 12-25.

On December 10, 2024, the City Council, by motion, continued the item to the next available City Council meeting.

On January 14, 2025, the City Council approved the expenditure of staff time and resources on researching a proposal for a Midnight Basketball League, to bring forward at a future City Council Meeting.

On February 25, 2025, the City Council adopted Resolution No. 2025-19, which:
1) approved a Memorandum of Understanding (“MOU”) between the City of Brentwood (“City”) and Grace Arms of Antioch (“Grace Arms”) that included the following terms and conditions, among others:
a. the City’s payment of $25,000 towards the operation of Grace Arms ’ Midnight Basketball League;
b. the City’s commitment to (i) include a one-time reference to the Grace Arms Midnight Basketball League in the City’s Activities Guide in 2025, as soon as practicable, and (ii) use social media to reach out to the Brentwood community to provide information on the program;
c. a requirement that Grace Arms reach out to Brentwood community members to encourage Brentwood resident participation in the program; and
d. an acknowledgement that the City would reach out to the local school districts to communicate information on the opportunity for local students to participate in the program;
2) amended the FY 2024/25 General Fund Operating Budget in the amount of $25,000; and
3) authorized the City Manager or designee to execute the MOU and make minor, non-substantive revisions to it, in consultation with the City Attorney.

On February 25, 2025, the City Council, by motion, directed staff to spend time and resources to develop a Request for Proposals (RFP) process for future City funding of evening Basketball opportunities, which would be brought back for final City Council approval at a future meeting; RFP criteria would include points given for: Brentwood resident participants, number of players served, location (Brentwood preferred), access to public transportation, ability to offer opportunities to individuals with disabilities, other services offered (including mentorship), age range targets; RFP to allow applicants to detail funding needed, and will require an outreach plan from applicants; and authorized staff to include other criteria or details for Council’s consideration, as well as a scoring rubric or mechanism.

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City of Brentwood

REQUEST FOR PROPOSALS

FOR AN EVENING BASKETBALL LEAGUE
Date of Issuance: TBD
Request for Information Deadline: TBD
Proposal Deadline TBD

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CITY OF BRENTWOOD

REQUEST FOR PROPOSALS
The City of Brentwood (“City”) requests proposals (“Proposals”) from qualified organizations or nonprofits (individually, a “Respondent” and collectively, “Respondents”) for evening basketball league services for its youth and young adults (“Project”).

1. ABOUT THE CITY
The City is a general law city located in East Contra Costa County, with an estimated population of 65,300. Additional information about the City is available online at:
https://www.brentwoodca.gov.

2. THE PROJECT
A. Summary. The City requires an organization or nonprofit to create, implement, and run an evening basketball league for youth and young adults (“Services”).

B. Form of Agreement. A draft of the City’s standard Instructor Agreement (“Agreement”) is attached as Exhibit A. By submitting a Proposal, the Respondent agrees to enter into a City agreement with the same, or substantially similar, terms to those included in the one attached.

C. Scope of Services. A Scope of Services is attached and incorporated as Exhibit B. By submitting a Proposal, the Respondent represents that it is fully qualified and available to provide the Services set forth in the Scope of Services, at the price set forth in its Proposal, and that it agrees to provide those Services if it is awarded the Agreement. Once a Respondent is chosen, a final Scope of Services will be prepared and incorporated into the final agreement.

3. REQUEST FOR PROPOSAL PROCEDURES
A. Requests for Information. Questions or objections relating to the Request for Proposals (“RFP”), the RFP attachments, the RFP procedures, the Project, or the required Services may only be submitted via email to Amanda Chaney at [email protected] by 5:00 p.m., TBD (the “Request for Information Deadline”). Any questions or objections that are not submitted in the manner specified, and by the Request for Information Deadline, will be deemed waived. City will not be bound by the oral representations of any City officials, employees, or representatives.

C. Submittal Instructions. Proposals must be received by the City by or before TBD at 5:00pm. Pacific Daylight Time (“Proposal Deadline”). Respondent must submit one copy of the Proposal in electronic format (pdf or Word) via email to, Amanda Chaney at [email protected] with the subject line stating: “Proposal for

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Evening Basketball League,” by the Proposal Deadline. Late submissions will be disregarded.

D. Planned RFP Schedule. The following schedule is provided for planning purposes based on current information. However, all dates are subject to revision, including the Proposal Deadline, and may be amended by addenda to this RFP

ACTIVITY PLANNED DATES/TIME
RFP Issued TBD
Request for Information Deadline TBD
Proposal Deadline TBD
Interviews (if requested by City) TBD
Notice of Selection TBD
Council or awarding officer Consideration
of Award
TBD
Commence Services TBD
Project Completion TBD
E. Addenda. City reserves the right to issue addenda to modify the terms and conditions of this RFP, including modifications to the Proposal Deadline or to the Exhibits to this RFP. Addenda will be posted on the City’s website at brentwoodca.gov.

Each Respondent is solely responsible for checking the City’s website for addenda, and for reviewing any and all addenda before submitting its Proposal.

4. PROPOSAL REQUIREMENTS
Each Proposal must be submitted in compliance with the requirements of this RFP. Each Proposal must respond to the items listed below. Clarity and brevity are preferable to volume.

Resumes may be included in an appendix and will not be counted in the total page count. By submitting a Proposal, the Respondent agrees that the lump sum price and proposed approach to providing the Services, including staffing, constitute a firm offer to enter into the Agreement with the City, and that the offer will remain open for 60 days following the Proposal Deadline.

A. Cover Letter. Provide a brief cover letter that includes all of the following information:
(1) Respondent’s name, address, phone number, and website address; (2) type of organization (e.g. corporation, partnership, sole proprietorship; and State of formation);
(3) a summary of general information about Respondent and the types of services it provides in relation to the Services required by the City; and (4) contact information, including name, title, address, phone number, and email, of Respondent’s primary representative for purposes of this RFP.

The cover letter must be signed by a representative that is authorized to bind Respondent by contract and must state his or her name, title, and email address.

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B. General Qualifications. Provide a brief description of the Respondent’s business, including the number of years in business under the current name. Describe the size of the business, including total number of employees and offices, and identify and briefly describe each local office that will be involved in providing the Services if awarded the Agreement. Describe how and why Respondent is qualified to provide the Services.

C. Experience. Identify services Respondent has provided in the last five years for projects that are similar in scope and nature to the Project described in this RFP, particularly with respect to services provided to other cities or public agencies. For each example, provide (1) a brief description of the services provided, (2) an explanation of why this experience is relevant to the required Services, and (3) the name and address of the contracting agency, including contact information for a reference check (name, title, phone number, and email address).

D. Staffing. Provide a proposed staffing plan for personnel that will be assigned to provide the Services. For key personnel, describe their education, training, and experience in providing similar services. Identify by name, address, and phone number anyone that will be providing the Services, and include their proposed role. Specifically, include the following information:
 Identify program manager and on-site staff for events.  Confirm that all staff and volunteers are background-checked and CPR/First Aid certified.
 Discuss how proper adult-to-youth ratios and supervision will be maintained during games/programs.
 Discuss how to ensure staff will follow City policies and customer service standards.

E. Cost Proposal. Provide a detailed financial plan for operations of the Services including overall price for the Services that is fully inclusive of all costs to provide the Services, including hourly billing rates, all labor, materials, equipment, supplies, the insurance required under the terms of an agreement, travel fees, and any additional cost(s) the City would incur if Respondent is awarded an agreement. Include registration and fee structure for participants, if applicable (must be reasonable and accessible).

F. Proposed Approach. Describe Respondent’s proposed approach to providing the Services and how that approach will offer value to the City. Identify any proposed innovations that may be used to achieve more cost-effective delivery of the Services and/or cost savings for the Services as a whole.

Specifically, the following must be addressed in the Proposal:
 Identify gymnasiums within or near Brentwood city limits to be secured for the program.
o Brentwood-based locations are preferred.
o Facilities must be ADA-compliant and safe for public use.  Propose specific age divisions (recommended ages: 12–17 and 18–25).  Specify days/times of operation (required: evenings between 5:00–10:00 p.m.).

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 Provide a participant code of conduct and disciplinary procedures.  Outline access to public transportation, or describe how transportation barriers will be addressed.
 Provide the projected number of total participants and percentage of Brentwood residents to be served.
 Describe program accommodations for individuals with disabilities or special needs.
 Detail approaches to ensure equitable access regardless of income, race, gender, or ability.
 Describe any added-value components, including:
 Mentorship or coaching with a developmental focus
 Leadership development workshops
 Financial literacy, health & wellness, or life skills programming  Volunteer/internship opportunities for older youth
 Discuss how you intend to track and report on:
o Total participants and percentage of Brentwood residents o Age group and demographic breakdown
o Attendance, engagement, and retention
o Any disciplinary or incident reports
o Program outcomes and success stories
 Provide outreach strategies for participant recruitment, especially targeting Brentwood residents and underrepresented groups.

5. EVALUATION
The factors that the City will consider in evaluating Proposals are as follows:
 General qualifications 1-15 points
 Relevant experience 1-15 points
 Proposed staffing plan 1-15 points
 Cost proposal 1-15 points
 Proposed approach 1-15 points
 References 1-15 points
 Responsiveness 1-15 points
 Interview (if requested) 1-15 points

6. SELECTION AND AWARD
A. Review. Proposals will be reviewed for responsiveness and evaluated and ranked based on the factors listed in Section 5, above. When the evaluation is complete, the Proposals will be ranked based on total scores to identify the Proposal that provides the best value to the City. Acting in its sole discretion, the City may elect to conduct interviews with shortlisted Respondents. Interviews are not public meetings as defined by California open meeting laws (the Brown Act).

B. Award. The City staff will recommend award of an agreement, if at all, to the Respondent that is determined by City staff to offer the best value to the City based on the City’s review, as outlined above. City staff will submit its recommendation to the

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Director of Parks and Recreation, or their designee, for award of an agreement to the Respondent that it determines to offer the best value. The Respondents will be notified of staff’s intended recommendation by emailing each Respondent that submits a Proposal. The awarding officer will award the Agreement, if at all, to the Respondent that it determines, acting in its sole discretion, to offer the best value to the City.

C. Protest Procedures. Any protest challenging the City’s intended selection or the selection process must be submitted no later than 5:00 p.m., on the fifth business day following the date of the email that staff sends to each Respondent referenced in section 6.B above. The protest must be submitted in writing via email to Amanda Chaney at [email protected], and must clearly specify the basis for the protest. The protest will be reviewed by the Director of Parks and Recreation in consultation with the City Attorney’s Office, and the reviewing individual’s determination on the protest is final. No public hearing will be held on the protest. Time being of the essence, the City reserves the right to proceed with award of an agreement and commencement of the Services notwithstanding any pending protest or legal challenge.

7. MISCELLANEOUS
A. Disclaimers and Reservation of Rights. Upon receipt, each Proposal becomes the sole property of City and will not be returned to the Respondent. Each Respondent is solely responsible for the costs it incurs to prepare and submit its Proposal. The City reserves, in its sole discretion, the right to reject any and all Proposals, including the right to cancel or postpone the RFP or the Services at any time, or to decline to award the Agreement to any of the Respondents. The City reserves the right to waive any immaterial irregularities in a Proposal or submission of a Proposal.

The City reserves the right to reject any Proposal that is determined to contain false or misleading information, or material omissions.

B. Conflict of Interest. Respondents must disclose to the City any actual, apparent, direct or indirect, or potential conflicts of interest that may exist with respect to Respondent, any employees of Respondent, or any other person relative to the Services to be provided pursuant to this RFP. This RFP process will be conducted in compliance with all laws regarding political contributions, conflicts of interest, or unlawful activities. In accordance with Government Code Section 1090, Respondents who have participated in preliminary discussions, negotiations, reasoning, planning, and/or drawing of plans and specifications for previous agreements related to the same scope of work, will be excluded from consideration for the award of the Agreement. City employees are prohibited from participating in the selection process for this RFP if they have any financial or business relationship with any Respondent.

C. Public Records. The City is subject to the provisions of the California Public Records Act (Govt. Code § 6250 et seq.) (the “Act”), and each Proposal submitted to the City is subject to disclosure as a public record, unless the Proposal or any portion thereof is exempt under the Act. If a Respondent believes that any portion of its Proposal is exempt from disclosure under the Act, it must clearly identify the portion(s) it believes to be exempt and identify the basis for the exemption. Each Respondent bears the

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burden of proving any claimed exemption under the Act, and by submitting a Proposal, a Respondent agrees to indemnify, defend, and hold harmless the City against any third party claim seeking disclosure of the Proposal or any portions thereof.

Attachments:

Exhibit A – Form of Agreement
Exhibit B – Scope of Services

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Exhibit A
[Final Agreement will be attached and incorporated here. See below for sample Instructor Agreement that may be used]

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Exhibit B – Scope of Services
Evening Youth & Young Adult Basketball League
City of Brentwood

1. INTRODUCTION
The selected Respondent shall design, implement, manage, and evaluate an evening basketball league in Brentwood that serves youth and young adults, prioritizing Brentwood residents. The league should provide a safe, inclusive, and engaging environment while encouraging positive social interaction, healthy competition, and community building.

2. OBJECTIVES
 Provide an affordable, accessible, and organized basketball league for youth and young adults.
 Serve a diverse population, including underserved and at-risk youth.  Prioritize evening hours to allow participation after school or work hours.  Maximize participation of Brentwood residents.
 Offer programming that includes or enhances mentorship, leadership development, and life skills.
 Ensure inclusivity by supporting all abilities participation.  Align with the City’s values of public safety, wellness, inclusion, and youth development.

3. REQUIRED SERVICES
The Respondent will be responsible for the following core components:

A. Program Development
 Design and implement a structured league format (e.g., seasonal, year-round, tournament-style, etc.).
 Propose specific age divisions (recommended: ages 12–17 and 18–25).  Specify days/times of operation (required: weekday evenings between 5:00–10:00 p.m.).
 Determine team structure, number of games, playoff formats, and any special events (e.g., championship night).
 Provide a participant code of conduct and disciplinary procedures.

B. Location & Facility Use
 Identify and secure gymnasiums within or near Brentwood city limits. Brentwoodbased locations are preferred.  Ensure facilities are ADA-compliant and safe for public use.  Outline access to public transportation or describe how transportation barriers will be addressed.

C. Participant Engagement
 Provide outreach strategies for participant recruitment, especially targeting Brentwood residents and underrepresented groups.
 Include registration and fee structure, if applicable (must be reasonable and accessible).

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 Provide the projected number of total participants and percentage of Brentwood residents served.

D. Inclusive & Equitable Access
 Describe program accommodations for individuals with disabilities or special needs.  Detail approaches to ensure equitable access regardless of income, race, gender, or ability.

E. Staffing & Operations
 Identify program manager and on-site staff for events (include qualifications in Proposal).
 Ensure all staff and volunteers are background-checked and CPR/First Aid certified.  Maintain proper adult-to-youth ratios and supervision during games.  Ensure staff follow city policies and customer service standards.

F. Mentorship & Additional Programming
 Describe any added-value components including:
o Mentorship or coaching with a developmental focus
o Leadership development workshops
o Financial literacy, health & wellness, or life skills programming o Volunteer/internship opportunities for older youth
G. Marketing & Communication
 Promote the league through digital and physical marketing in collaboration with City staff.
 Maintain regular communication with participants and parents/guardians, as applicable.
 Provide bilingual or multilingual communication materials as needed.

H. Insurance, Permits & Compliance
 Maintain insurance coverage consistent with the City’s standard agreements (see Exhibit A).
 Obtain any necessary permits for facility use, health/safety, and programming.  Obtain a City of Brentwood Business License.
 Adhere to all state/local safety guidelines and City policies.

I. Program Evaluation & Reporting
 Track and report on:
o Total participants and percentage of Brentwood residents o Age group and demographic breakdown
o Attendance, engagement, and retention
o Any disciplinary or incident reports
o Program outcomes and success stories
 Provide a final program report to City staff within 30 days of the season’s conclusion.

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4. CITY SUPPORT
The City may, at its discretion:
 Promote the program through City channels.
 Assist with outreach to schools or community partners.  Provide limited facility access if scheduling permits (must be requested in proposal).

5. SCORING ALIGNMENT
Proposals will be scored based on the factors stated in the RFP, which include how well the following is addressed in the Proposal:

Evaluation Factor Expectations
General Qualifications Experience managing similar programs Relevant Experience Previous partnerships with cities/schools, youth-focused programs
Proposed Staffing Backgrounds, certifications, ratios, qualifications Brentwood Resident
Participation Strategies to target and retain local participants Overall Players Served Capacity to manage large, inclusive program League Location Brentwood or nearby preferred
Public Transportation Access Facility proximity to transit or mitigation plan Inclusive Services Adaptations for youth with disabilities Mentorship/Additional Services Value-added programs beyond games Age Ranges Served Breadth of age inclusion, particularly teens & young adults References Quality and relevance of past collaborations Interview (if held) Clarity, readiness, and passion of presenting team

AGREEMENT FOR INSTRUCTOR SERVICES
(Instructor)
THIS AGREEMENT is made and entered into as of the _____ day of __________________, 202__, by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and _______________________________, a ___________________ ("Instructor") (each a “Party” and collectively, the “Parties”).

RECITALS
City requires the services of an instructor that is experienced in teaching _________________, which are outside of services offered by City. Instructor has the necessary experience in providing these instructional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work.

NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows:

1. Scope of Work. City retains Instructor, as an independent contractor, to perform, and Instructor agrees to render, those services (the “Services”) that are defined in Exhibit “A,” attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement.

2. Term. Unless earlier terminated, this Agreement will be effective from the date first above written through _____________________.

3. Compensation. Payment will be made, upon submission of a payment request and required documents, pursuant to Exhibit “A.” No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. Pursuant to Exhibit “B” Acknowledgement of Customer Service Standards, attached and incorporated by this reference, Instructor understands that any time a customer requests a refund or credit, that amount will be reduced from the final payment for Services.

Payment for work under this Agreement shall not exceed $____________.

4. Status of Instructor. Instructor will perform the Services as an independent contractor, free from the control and direction of City, in pursuit of Instructor’s independent calling, and not as an employee of City.

Instructor and/or the persons used by Instructor to provide the Services under this Agreement will not be considered employees of City for any purposes whatsoever and City will not pay any tax, workers’ compensation insurance, retirement contributions or unemployment contributions on behalf of Instructor or its employees or subcontractors. Instructor agrees to indemnify and pay City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment, including, but not limited to, those based on any provision of the Federal Affordable Care Act, which City may be required to make on behalf of Instructor or any agent, employee, or contractor of Instructor for work done under this Agreement. At the City’s election, City may deduct the amounts paid pursuant to this Section, from any balance owing to Instructor.

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

6. Insurance. Instructor will obtain and maintain, at its cost and expense, for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the Services by Instructor or Instructor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance

K:\Agreements\Agreement for Instructor Services Template – 07.15.21.docx carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A:VII."

6.1 Coverages and Limits. Instructor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager, in consultation with the City Attorney approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Instructor's indemnification obligations under this Agreement. City, its officers, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by Instructor pursuant to this Agreement are adequate to protect Instructor. The coverage will contain no special limitations on the scope of its protection to the above-designated insureds except for Workers Compensation. Instructor will obtain occurrence coverage. If Instructor believes that any required insurance coverage is inadequate, Instructor will obtain such additional insurance coverage, as Instructor deems adequate, at Instructor's sole expense.

6.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage.

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

6.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Instructor has no employees other than self, and provides a No Employees Declaration Form provided by the City.

6.2 Endorsements. For Commercial General Liability Insurance, Instructor will ensure that the policies are endorsed to name the City, its officers, agents, volunteers and employees as additional insureds.

Prior to City's execution of this Agreement, Instructor will furnish, to the satisfaction of the City, certificates of insurance and endorsements.

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

6.4 Failure to Maintain Coverage. If Instructor fails to maintain any of these insurance coverages, then City will have the option to declare Instructor in breach of this Agreement, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages.

Instructor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Instructor or deduct the amount paid from any sums due Instructor under this Agreement.

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

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

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

7. Compliance With Laws. Instructor will comply with all applicable local, state and federal laws and regulations, including but not limited to, those prohibiting discrimination and harassment and will obtain and maintain a City of Brentwood Business License for the term of this Agreement.

8. Mandatory Reporting. Instructor agrees that only those who have been trained in mandatory reporting as required by Penal Code §§ 11164 et. seq. (Child Abuse and Neglect Reporting Act) (“Mandated Reporters”) will perform the Services. Upon City’s request, Instructor will produce statement of mandated reporter forms that are completed and signed by all Mandated Reporters providing the Services. Statement of mandated

K:\Agreements\Agreement for Instructor Services Template – 07.15.21.docx reporter forms are available from the City and/or the State.

9. TB Requirements. If the Services include contact with minors, Instructor shall produce a certificate, issued by a licensed physician or other authorized agency, showing that within the last two years the Instructor has been examined and has been found to be free of communicable tuberculosis (TB).

Thereafter, Instructors who are skin test negative shall be required to undergo the foregoing examination at least once each four years for so long as the Instructor remains skin test negative. Once Instructor has a documented positive skin test which has been followed by an X-ray, the foregoing examination is no longer required and a referral shall be made within 30 days of the examination to the local health officer to determine the need for follow-up care.

10. Fingerprint Requirements. If the Services include direct contact with any minor, Instructor must be fingerprinted prior to the start of any instructional services and City is authorized to screen Instructor for criminal background by requesting from the Department of Justice records of all convictions and any arrests pending adjudication involving certain offenses specified in Section 5164 of the Public Resources Code, as that section may be amended from time to time. Section 5164 prohibits City from engaging Instructor in a position having supervisory or disciplinary authority over any minor, if the Instructor has been convicted of certain criminal offenses.

11. Instructor Affidavit. If the Services require background checks, medical examinations and insurance, and the Instructor provides a completed Exhibit “C” Instructor Affidavit (attached and incorporated by this reference), including a complete and accurate list of Instructor’s employees who may come in contact with the City participants during the course and scope of the Agreement, then submission of such Affidavit will satisfy requirements 9 and 10 of this Agreement. The list of Instructor’s employees must be submitted to City prior to the start of Services.

12. Pandemic Health Laws. Instructor’s duty to comply with Laws includes compliance by Instructor, and any of its subcontractors, and anyone directly or indirectly employed by any of them, with all local, state, or federal Laws that have been or may be enacted in response to the COVID-19 pandemic (collectively, “Health Laws”), which include all of the County of Contra Costa Health Orders. Failure to fully comply with the Health Laws constitutes a material default, subject to all available remedies including suspension or termination.

13. Liability Waivers - Instructors. Instructor is required to sign, and obtain signatures on the COVID-19 Risk Assumption, Waiver, and Indemnity Agreement (Exhibit “D” or “Risk Assumption Waiver”) attached hereto, from each and every subcontractor or employee, and anyone directly or indirectly employed by Instructor, who performs Services under this Agreement, and return the signed Risk Assumption Waivers to the City, prior to the start of the Services.

14. Liability Waivers – Participants. Instructor is required to obtain signatures on the Liability, Medical Consent, and other Terms of Participation waiver (“Participant Waiver”) from each and every participant registered for classes under this Agreement, and return them to the City. These waivers are provided to the Instructor at the same time class rosters are distributed to Instructor.

15. Transporting Participants. Instructor or its employees, agents and/or volunteers shall not transport any participant in his/her own vehicle. Transportation is the responsibility of the program participant.

16. Equipment/Storage. Instructor may only store equipment related to their program on City property with written approval of the Recreation Supervisor. If approved, storage of equipment/supplies on City property is at Instructor’s own risk and City assumes no responsibility for the equipment/supplies. At time of termination of the Agreement, Instructor has fifteen (15) calendar days to remove equipment/supplies. If equipment/supplies are not removed from City property within fifteen (15) calendar days, the City will dispose of the items.
17 Termination. City or Instructor may terminate this Agreement at any time after a discussion, and written notice to the other Party. City will pay Instructor's costs for Services completed up to the time of termination, if the Services have been completed in accordance with the Agreement.

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18. Notices. Any notices relating to this Agreement shall be given in writing to the address below and shall be deemed sufficiently given and served for all purposes when delivered personally, by facsimile or by generally recognized overnight courier service, or five (5) days after deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, sent to the addresses below. Either Party may change its address for purposes of this section by giving the other Party written notice of the new address in the manner set forth above.

CITY:

Mailing Address: 150 City Park Way
Brentwood, CA 94513
Phone Number: (925) 516-5444
Fax Number: (925) 516-5447
Email Address: staff email here
INSTRUCTOR:

Mailing Address: _________________
_________________
Phone Number: _________________
Fax Number: _________________
Email Address: ___________________

19. Claims and Lawsuits. By signing this Agreement, Instructor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq. Instructor further acknowledges that debarment by another jurisdiction is grounds for the City of Brentwood to terminate this Agreement.

20. Venue, Jurisdiction and Governing Law. Instructor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the Parties arising out of this Agreement is the Superior Court, Contra Costa County, California, and the Parties waive all provisions of law providing for a change of venue in those proceedings to any other county. This Agreement will be governed by the laws of the State of California.

21. Waivers. The waiver by either Party of any breach or violation of any term, covenant, or condition of this Agreement or of any applicable law will not be deemed to be a waiver of such term, covenant, condition or law or of any subsequent breach or violation of same or of any other term, covenant, condition or law. The acceptance by either Party of any fee or other payment which may become due under this Agreement will not be deemed to be a waiver of any preceding breach or violation by the other Party of any term, covenant, or condition of this Agreement or any applicable law.

22. Entire Agreement. This Agreement, together with any other written document referred to or contemplated by it embody the entire Agreement and understanding between the Parties.

23. Assignment. Instructor may not assign this Agreement or any part of it, or any monies due or to become due under it, without the prior written consent of City.

24. Amendments. This Agreement may be amended by mutual consent of City and Instructor. Any amendment will be in writing, signed by both Parties.

25. Signatures.

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

25.2 Digital/Electronic Signatures. Using a City-approved method, this Agreement may be executed through the use of digital or electronic signatures in accordance with Government Code Section 16.5. The presence of an electronic signature on this Agreement will be construed as the Parties’ consent to do business electronically.

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26. Authority. The individuals executing this Agreement and the instruments referenced in it on behalf of Instructor each represent and warrant that they have the legal power, right and actual authority to bind Instructor to the terms and conditions of this Agreement.

INSTRUCTOR:

By:

Name, Title
By:

Name, Title
CITY:

By:

Harith E. Aleem, Director of Parks & Recreation
APPROVED AS TO FORM:

By:

Katherine Wisinski, City Attorney
If required by City, proper notarial acknowledgment of execution by Instructor must be attached.

If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. **Group B.

Chairman, Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.

If an LLC:
 The Agreement must be signed by a Managing Member or the LLC must attach a resolution empowering the signatory to bind the LLC.

If a partnership:
 The Agreement must be signed by the Managing Partner or the Partner authorized to execute agreements of this type. Additional documentation, such as the partnership agreement, confirming this signature authority may be required.

If a sole proprietorship:
 The Agreement must be signed by the owner.

K:\Agreements\Agreement for Instructor Services Template – 07.15.21.docx EXHIBIT “A”

SCOPE OF SERVICES/FEE SCHEDULE

LIST OF CLASSES AND FEE PER CLASS
Class Fee Class Minimums
___________________ $____ __ Students
___________________ $____ __ Students
___________________ $____ __ Students
___________________ $____ __ Students
___________________ $____ __ Students
___________________ $____ __ Students
___________________ $____ __ Students
Instructor agrees to collect hard copy, signed Participant Waivers for ALL program participants on the first date of the program. Registered participants are not to participate in the program until the Participant Waiver has been signed and submitted to Instructor. Instructor is required to submit all signed Participant Waivers for ALL program participants by the 5th business day after the second meeting of the class/program to the City.

Instructor agrees to submit a minimum of two classes per Activities Guide session.

FEE SCHEDULE
The City of Brentwood will pay Instructor the rate of $___ per student of the registration fees obtained by Brentwood residents, for the above classes.

City will issue payment to Instructor within 30 working days after services have concluded. Prior to City processing payment, Instructor must submit course attendance sheets, and completed evaluation forms, if applicable, to the Parks and Recreation Department within 5 working days of the Services concluding.

Fees shall remain as indicated for the term of this Agreement unless revised by the City Council due to changes in the Consumer Price Index (CPI) – Urban Wage Earners and Clerical Workers, San Francisco-Oakland-San Jose, California. City shall notify Instructor, in writing, of any fee revisions and Instructor shall have 10 days from delivery of the notification to notify the City of Instructor’s intent to terminate the Agreement pursuant to Section 17. Failure to notify City of Instructor’s intent to terminate the Agreement within the ten day period shall constitute Instructor’s consent to the fee revisions.

K:\Agreements\Agreement for Instructor Services Template – 07.15.21.docx EXHIBIT “B”

ACKNOWLEDGEMENT OF CUSTOMER SERVICE STANDARDS
In meeting the mission of the Parks and Recreation Department, following is the customer service refund policy:

Our department strives to provide you with high quality programs. Some situations that occur are beyond our control. Withdrawals/refunds could cause the class/activity/program to drop below the minimum required attendance, which could cause the class/activity/program to be cancelled. City reserves the right to cancel a program and issue refunds under extenuating circumstances. Should you be dissatisfied, contact us and staff will work with you to the best of our ability.
 Refunds will be considered upon request to the Park & Recreation Department.  Refund requests made no later than half way through a class/activity/session may be subject to a partial refund.
 If applicable, a uniform fee will be deducted from the refund.  Refund requests made after the last class/activity/session will be considered on a case-bycase basis.  Refunds are processed within 30 days.
 Refund policies may vary for Adult Leagues, Aquatics, Senior Trips and Facility Permits.

As an Instructor for the City of Brentwood Parks and Recreation Department, I understand that any time a refund or credit is issued to a customer, that amount will be reduced from the final payment for services.

I, the undersigned Instructor, understand and agree to the Parks and Recreation Department Customer Service Standards outlined above.

Instructor Signature Date
Instructor Name (Printed)

K:\Agreements\Agreement for Instructor Services Template – 07.15.21.docx EXHIBIT “C”

INSTRUCTOR AFFIDAVIT

BACKGROUND CHECKS, MEDICAL EXAMINATIONS AND INSURANCE
The undersigned does hereby certify that:

1. I am an agent of __________________________________, (“Instructor”): I am familiar with the facts herein certified and am authorized and qualified to execute this certificate on behalf of Instructor.

2. Instructor certifies that it has complied with fingerprinting and criminal background investigation requirements of the California Public Resources Code Section 5164 with respect to all instructors, and any employees of the Instructor, who may have contact with City participants in the course of providing services pursuant to this Agreement for Instructor Services.

3. According to records of the California Department of Justice, neither the Instructors nor any employees of the Instructor have been convicted of any offense prohibited by Section 5164.

4. Instructor has a contract with the Department of Justice for subsequent arrest notification services.

Instructor will advise the City of subsequent criminal history information for all instructors and employees of Instructor.

5. All instructors and employees of Instructor have reported a negative tuberculosis test within the past two years and that these tests are kept on file by Instructor and shall be provided to City upon request.

Subsequent testing will occur at least once every four years as long as the test result remains skin test negative pursuant to California Public Resources Code Section 5163.

6. Instructor maintains all of the insurance and indemnifications required by the Agreement.

7. Instructor understands that its Agreement for the Services with the City is contingent on Instructor meeting the requirements listed in this Affidavit.

8. A complete and accurate list of Instructor’s employees who may come in contact with City participants during the course and scope of the Agreement must be submitted to City prior to the start of Services”.

By executing this document, I certify that I have read the Affidavit in its entirety, understand all of its terms. I understand that even if faxed, copied or sent electronically, my signature on this application shall have the same force and effect as the original signature.

Signed: Date:

Title:

K:\Agreements\Agreement for Instructor Services Template – 07.15.21.docx EXHIBIT “D”
COVID-19 RISK ASSUMPTION, WAIVER, AND INDEMNITY AGREEMENT _____________________________________, (“Instructor”) and City of Brentwood (“City”) under this Agreement hereby agree as follows:

1. Instructor warrants and represents that Instructor has reviewed all applicable governmental policies relating to the COVID-19 pandemic and has concluded that the Services are permitted under any and all applicable government-issued mandates, orders, executive orders, recommendations, stay-at-home orders, quarantines, or prohibitions against non-essential activities.

2. Instructor expressly assumes any and all risk relating to any illness, injury, infection, economic injury, or death arising from or relating to the Services, except where caused by the active negligence or willful misconduct of the City.

3. Instructor waives and releases the City from any and all claims, causes of action, allegations, or assertions that may arise relating to infection of any person by COVID-19 that occurs, or is alleged to occur, during the Services.

4. Instructor agrees to defend, indemnify, and hold City harmless from any and all claims, causes of action, allegations, or assertions made against City or City’s employees arising from or relating to actual or alleged infection occurring during the Services.

5. Instructor must follow Centers for Disease Control (CDC) guidelines and local county and city public health recommendations regarding social distancing, facial coverings, vaccine requirements, and limited number of program participants to help prevent and slow the spread of COVID-19 in the workplace and the community.
____________________________________ _________________________ Instructor Signature Date

CITY COUNCIL AGENDA ITEM NO. G.2
09/09/2025
SUBJECT: Discussion and Direction on Proposed Amendments to the Priority Area One (PA-1) Specific Plan
DEPARTMENT: City Manager
Community Development
STAFF: Ricardo Noguera, Economic Development Manager
Erik Nolthenius, Planning Manager
Jennifer Hagen, Senior Planner

TITLE/RECOMMENDATION
Staff recommends the City Council discuss and provide direction on potential changes to the PA-1 Specific Plan that would adapt the plan to current market conditions.

FISCAL IMPACT
The proposed amendments are intended to spur economic development in the PA-1 Specific Plan area by adjusting the requirements to market trends, which would have a positive fiscal impact as new businesses locate in the area and new development takes place.

If direction is received to make changes to the PA-1 Specific Plan, costs to update the plan are estimated to be less than $50,000 and would be funded by the General Fund. There is sufficient 2025/26 Operating Budget for this cost.

BACKGROUND
The Priority Area One (PA-1) Specific Plan was originally adopted on November 13, 2018, and was updated on October 25, 2022. The plan is more commonly referred to as the Innovation Center. The Specific Plan was created “to enable the development of PA-1 as a vibrant, compact, transit-oriented development – focused around a future multi-modal transit station, e.g., Tri Delta Transit/eBART station – and as an employment center within the city.” The Specific Plan is intended to guide private development and public investment within the area over a 20-25 year planning horizon.

Although development has been occurring in the area since the plan’s adoption seven years ago (e.g., Blossoms at Brentwood Multi-Family Development, Costco, etc.), the

CITY COUNCIL AGENDA ITEM NO. G.2
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regional market conditions have changed significantly over this period. The increase in construction costs and interest rates are financial items that developers have to consider with any project. Furthermore, staff from both the City Manager’s Office and the Community Development Department believe that the current zoning is not appropriately aligned with the current local and regional market conditions and are impacting current and future development opportunities in the area, especially as it relates to new construction versus reuse of existing commercial and industrial buildings. Property values have dropped significantly for existing buildings in the Bay Area, making it more advantageous for developers and businesses to acquire existing buildings and renovate, versus construct new buildings that are not in the urban core.

Two particularly telling factors highlighting the changing conditions involve recent challenges experienced by BART (Bay Area Rapid Transit) and market insight from California mixed-use developers. BART and other regional transit agencies have been experiencing significant financial challenges since COVID and with many workers now employed on a hybrid or remote basis, transit ridership is down significantly.

Therefore, the opportunity to extend BART to Brentwood is not foreseeable over the next several decades.

In addition, developers have indicated to staff that the vertical mixed-use concept envisioned for the Transit Village / Mixed Use (TV/MU) area in the Specific Plan has posed many challenges in surrounding areas and is not financially viable in the current market, especially in suburban markets like Brentwood. Based on research conducted by staff and communications with developers, rents should be at a minimum of $4 per square foot for retail space and $4.50 per square foot for residential units in order for projects to be financially viable, both of which exceed Brentwood’s current market conditions. Since the City adopted the Plan amendment in Fall 2022, staff have met with several developers across the San Francisco Bay Area and Southern California to explore ways in which a vertical mixed-use project could be viable and those developers have indicated that they prefer horizontal mixed-use.

Staff has conducted outreach that has included large statewide mixed-use developers, some which have visited the site and met with staff as well as property owners over a few months period. Staff has also had communications with developers which have developed mixed-use projects within the region who have declined the opportunity to consider vertical mixed-use at the Innovation Center. With no interest in vertical mixed-use, staff have explored a horizontal mixed-use model. Staff believes that with the strength of both Lone Tree Plaza and the addition of Costco,

CITY COUNCIL AGENDA ITEM NO. G.2
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smaller retail, restaurant and office concepts integrated into a larger commercial node adjacent to residential development, is the most viable option.

Based on the concerns outlined above, staff believes it is time to review and reassess the Specific Plan to better align it with current market conditions, attract greater development interest, and ensure high-quality projects that support long-term employment opportunities.

DISCUSSION

PROPOSED AMENDMENTS
The proposed amendments are intended to present a high level summary of changes that staff wishes to explore that are entirely market driven and rooted in the reality of existing and projected future conditions. Staff is also recommending changes to allow the Specific Plan to be more flexible, in order to quickly respond and properly position the City to attract developer interest in the area. Any of the items below can be removed and not considered as part of an update to the Specific Plan.

The areas to which staff proposes to explore changes are summarized below:
• Vertical vs Horizontal Mixed-Use. Based on current challenges in surrounding areas such as Walnut Creek with leasing ground floor retail within mixed-use buildings and difficult market conditions, consider allowing both vertical and horizontal mixed-use development.
o Horizontal mixed-use development could combine different types of land uses, such as residential, commercial, and retail, within multiple buildings or a single complex or area. In this type of development, the various land uses are horizontally integrated, meaning that they are located on the same level, rather than being stacked in a vertical mixeduse development. Residences are constructed behind a “main street or commercial node” format with 3-4 story apartments or townhomes. • Permitted and Conditionally Permitted Uses. Consider exploring the expanded descriptions of permitted and conditionally permitted uses across all zones in order to further attract new business to the City that may include but are not limited to the following:
o A wider variety of uses that may include hotels, larger format retailers, technology, advanced manufacturing, life sciences, and light industrial uses within the Employment Center/Light Industrial (ECLI) designation. o Expanded descriptions of uses within the Regional Commercial (RC) and Transit Village/Mixed Use (TV/MU) designations including, but not

CITY COUNCIL AGENDA ITEM NO. G.2
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limited to, veterinary clinics, medical and professional office uses, restaurants, and retail shops that are less than 5,000 square feet in size. • Circulation Plan and Conceptual Road Alignments and Configurations.

Consider providing clarifying language and/or additional policies reaffirming that the street alignments and park locations are conceptual and are subject to change based on individual project applications.
o The Specific Plan acknowledges that the “final alignments, footprints, and exact locations of the conceptual streets are subject to change and refinement as development inside and outside of the PA-1 Plan area proceeds.” With this in mind, the locations and configurations of the proposed parks within the Specific Plan area should also be considered “conceptual” and subject to refinement. Provided that the total park acreage remains the same, consider clarifying language that notes that the layout and ultimate location of the parks could change. • Transit Station Overlay and Underlying Zoning. Consider updating the language within the Transit Station Overlay to accommodate the underlying zoning.
o Given the recent economic trends with BART, the construction of a future transit station is not likely. Per the Specific Plan, “in the event that ultimate development of the Transit Station and associated facilities moves or shifts (or in this case does not occur at all), the underlying land use designation shall be ECLI.” Consider clarifying language that allows for the development of this area with ECLI uses. • Specific Plan Name and Branding. Consider officially rebranding the Specific Plan as the Innovation Center Specific Plan.
o Consider characterizing the area as a Town Center and Smart City concept where residents can live, work, and play. Since the area is still intended to serve a mix of high-intensity commercial and residential development in the core of the Specific Plan, consider renaming the Transit Village/Mixed Use zone to the Town Center/Mixed Use zone to better reflect the nature of what will be built in the area. • Miscellaneous Development Standards. Consider exploring amendments to development standards that may include but are not limited to the following:
o Considering that a new public school may be constructed on an ECLI designated parcel in the southwest portion of the Specific Plan area that was not originally anticipated, explore new standards related to placing a sensitive use like a school in an area intended for light industrial and

CITY COUNCIL AGENDA ITEM NO. G.2
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other similar uses. New standards that may be considered include required setbacks and buffers adjacent to a new school to mitigate any impacts.
o Based on construction types and Building Code requirements, in addition to preferred residential ceiling heights, consider increasing the maximum overall height (not stories) for residential and mixed-use development.

NEXT STEPS
Staff is looking for direction and input as described in this report in order to identify City Council’s goals and objectives before initiating drafting of potential amendments to the Specific Plan.

The next key steps in the process after receiving Council direction are:
 Staff will begin to outline and frame the amendments to the Specific Plan based on the initial direction provided.
 Depending on the direction of Council, staff anticipates bringing forward a rough draft of potential amendments for further discussion and direction in early 2026 (Q1).
 After initial direction in early 2026 (Q1), staff anticipates bringing forward a comprehensive draft Ordinance, with associated CEQA analysis, for Planning Commission and City Council review and approval in early/mid 2026 (Q2).

CONCLUSION
As the name of the Specific Plan implies, the Innovation Center is a priority for the City of Brentwood to develop and Economic Development staff has been actively pursuing such since the adoption of the Specific Plan in 2018. Over the past few years, economic trends and the commercial and office real estate markets have experienced seismic changes affecting the entire Bay Area region. Although the vision for the Specific Plan remains sound, the approach to achieving that vision needs to be considered to adapt to current conditions. The Innovation Center will be a dynamic and important part of Brentwood, but the Specific Plan needs to remain a dynamic and relevant planning document.

CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 3 of the FY 2022/2023 – FY 2023/2024 City of Brentwood Strategic Plan provides the following Mission Statement: “Maintain and enhance Brentwood’s quality of life by developing an economy that is vibrant and diverse.”

CITY COUNCIL AGENDA ITEM NO. G.2
09/09/2025

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

ATTACHMENT(S)

1. Previous Action

2. Priority Area One Specific Plan

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 November 13, 2018, the City Council adopted Resolution No. 2018-159, 1) certifying the Environmental Impact Report (EIR), 2) adopting the General Plan amendment (GPA 18-002), 3) approving the Priority Area 1 (PA-1) Specific Plan, and 4) adopting a rezone (RZ 18-003) to implement a zoning text amendment and map amendments within the Priority Area 1 Specific Plan and adopting Chapter 17.295 (PA-1 (Priority Area One) Zone).

On October 11, 2022, the City Council adopted Resolution 2022-126, approving 1) an Addendum to the Environmental Impact Report (EIR) prepared for the PA-1 Specific Plan; 2) a Specific Plan Amendment (SPA 22-001) for the Priority Area One (PA-1) Specific Plan; and hearing the first reading of an Ordinance - 1048 for a Rezone (RZ 22-001) to amend Brentwood Municipal Code Chapter 17.295 (PA-1 [Priority Area One] Zone) and amend the zoning map.

On October 25, 2022, the City Council adopted Ordinance –No. 1048 for a Rezone (RZ 22- 001) to amend Brentwood Municipal Code Chapter 17.295 (PA-1 [Priority Area One] Zone) and amend the zoning map.

City of Brentwood

PRIORITY AREA ONE SPECIFIC PLAN
Adopted November 13, 2018
Updated October 25, 2022

PA-1 SPECIFIC PLAN | ACKNOWLEDGEMENTS AND TABLE OF CONTENTS I

ACKNOWLEDGEMENTS
City Council (2018)
Robert Tayor, Mayor
Joel Bryant, Vice Mayor
Balwinder Grewal
Karen Rarey
Claudette Staton
Planning Commission (2018)
John Fink, Chairperson
Cyndi Hankins
Jodi Marfia
Jamie Tobin
Dirk Zeigler
City Council (2022)
Joel Bryant, Mayor
Johnny Rodriguez, Vice Mayor
Jovita Mendoza
Susannah Meyer
Karen Rarey
Planning Commission (2022)
Dirk Zeigler
Emily Cross
Anita Roberts
David Sparling
City Staff
Gustavo ‘Gus’ Vina, City Manager (Retired)
Darin Gale, City Manager
Josh Ewen, Senior Analyst
Damien Brower, City Attorney
Katherine Wisinski, Assistant City Attorney
Casey McCann, Community Development
Director (Retired)
Alexis Morris, Community Development Director
Erik Nolthenius, Planning Manager
Debbie Hill, Associate Planner
Tim Nielsen, Development Services Manager
Miki Tsubota, Director of Public Works/City
Engineer
Jagtar Dhaliwal, Assistant Director of Public
Works/Engineering
John Samuelson, Engineering Manager
Steven Kersevan, Engineering Manager
Kerry Breen, Director of Finance and Information
Systems
Kwame Reed, Senior Analyst
Aaron Wanden, Park Maintenance Manager
Consultant Team
Ben Richie, De Novo Planning Group
Martti Eckert, De Novo Planning Group
Elise Carroll, De Novo Planning Group
Matt Kowta, BAE
Amanda Wallace, BAE
Zack Matley, WTrans
Andre Huff, WTrans
Ryan Call, Urban Field Studio
David Masenten, ELS

II PA-1 SPECIFIC PLAN | ACKNOWLEDGEMENTS AND TABLE OF CONTENTS

TABLE OF CONTENTS

1. Introduction ....................................................................................................................................1-1

1.1. Specific Plan Purpose ...............................................................................................................................1-2

1.2. Plan Area Setting.........................................................................................................................................1-2

1.3 Background.....................................................................................................................................................1-5

1.4 Specific Plan Requirements................................................................................................................. 1-6

1.5 Relationship to Other Documents................................................................................................... 1-8

1.6 Community Planning Process ..........................................................................................................1-12

1.7 Specific Plan Organization...................................................................................................................1-15

1.8 Interpreting the Specific Plan’s Directives.................................................................................1-18

2. Existing Conditions....................................................................................................................2-1

2.1. Local Setting..................................................................................................................................................2-2

2.2 Existing Land Use .......................................................................................................................................2-2

2.3 General Plan Land Use........................................................................................................................... 2-6

2.4 Circulation Networks and Parking.................................................................................................. 2-8

2.5 Specific Plan Area Character ..............................................................................................................2-11

2.6 Existing Infrastructure and Public Services .............................................................................2-12

3. Vision.................................................................................................................................................. 3-1

3.1. Vision Statement.........................................................................................................................................3-2

3.2 Vision Goals.....................................................................................................................................................3-2

4. Land Use Plan...............................................................................................................................4-1

4.1. Land Use Plan .............................................................................................................................................. 4-2

4.2. Land Use Designations .......................................................................................................................... 4-2

4.3. Allowed Uses................................................................................................................................................. 4-5

4.4. Legal Nonconforming Status...........................................................................................................4-10

4.5. Land Use Plan Goals and Policies...................................................................................................4-12

PA-1 SPECIFIC PLAN | ACKNOWLEDGEMENTS AND TABLE OF CONTENTS III

5. Circulation Plan............................................................................................................................ 5-1

5.1. Circulation System.....................................................................................................................................5-2

5.2. Street Classifications................................................................................................................................ 5-4

5.3. Pedestrian and Bicycle Circulation ................................................................................................ 5-9

5.4. Transit............................................................................................................................................................... 5-13

5.5. Automobile Circulation.........................................................................................................................5-15

5.6. Parking............................................................................................................................................................5-18

5.7. Transportation and Circulation Goals and Policies ............................................................5-20

6. Private Realm Development ...............................................................................................6-1

6.1. Development Standards....................................................................................................................... 6-2

6.2. Design Guidelines ..................................................................................................................................... 6-9

6.3. Private Realm Development Goals and Policies..................................................................6-25

7. Public Realm Development .................................................................................................7-1

7.1. Street Typology Standards................................................................................................................... 7-2

7.2. Design Guidelines ......................................................................................................................................7-5

7.3. Public Realm Development Goals and Policies ....................................................................7-13

8. Infrastructure and Public Services ...................................................................................8-1

8.1. Utilities.............................................................................................................................................................. 8-2

8.2. Parks & Recreation....................................................................................................................................8-4

8.3. Public Safety ................................................................................................................................................. 8-6

8.4. Public Educational Facilities...............................................................................................................8-6

8.5. Infrastructure and Public Services Goals and Policies .......................................................8-7

9. Economic Development ........................................................................................................9-1

9.1. Economic Development Strategies............................................................................................... 9-2

9.2. Economic Development Goals and Policies............................................................................. 9-3

10. Implementation and Administration...........................................................................10-1

IV PA-1 SPECIFIC PLAN | ACKNOWLEDGEMENTS AND TABLE OF CONTENTS

10.1. Infrastructure Implementation Overview.................................................................................10-2

10.2. Implementation Action Plan.............................................................................................................10-3

10.3. Funding and Financing Strategies...............................................................................................10-8

10.4. Plan Administration..............................................................................................................................10-15

APPENDICIES
A. Glossary............................................................................................................................................ A-1 B. Existing Conditions Report .................................................................................................. B-1 C. Water Supply Assessment ................................................................................................... C-1 D. Priority Area 1 Specific Plan Preferred Alterative Fiscal Analysis ..................D-1 E. PA-1 Roadway and Utility Engineer’s Estimate ........................................................E-1

CHAPTER 1:

Introduction
The City of Brentwood envisions Priority Area One (PA-1) emerging as one of the city’s primary future employment centers, offering individuals and businesses access and opportunities to create high-quality jobs across a diverse array of industries. The establishment of the employment center will assist the City towards achieving its goal of a healthy jobs-to-housing balance, reducing commute times for residents, and establishing new opportunities for economic growth and employment within the city.

In addition, the City foresees PA-1’s development as a vibrant, compact, mixed-use district, focused around a transit station that will provide linkages to other eastern Contra Costa County communities and the wider Bay Area region beyond. The Priority Area One Specific Plan (Specific Plan) provides the vision and strategy to facilitate PA-1’s emergence as the city’s transit-oriented employment center.

This chapter introduces the Specific Plan and provides a description of the Specific Plan area, the relationship to other applicable planning documents, an overview of the project’s community planning process, and the Specific Plan’s purpose. The chapter also explains the regulatory requirements of a specific plan document and describes how the document’s directives, goals, policies, development standards, and design guidelines, should be interpreted.

This chapter is organized into the following sections:

1.1. Specific Plan Purpose

1.2. Plan Area Setting

1.3. Background

1.4. Specific Plan Requirements

1.5. Relationship to Other Documents

1.6. Community Planning Process

1.7. Specific Plan Organization

1.8. Interpreting the Specific Plan

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1.1: SPECIFIC PLAN PURPOSE
The purpose of this Specific Plan is to enable the development of Priority Area 1 as a vibrant, compact, transit-oriented development – focused around a future multi-modal transit station, e.g., Tri Delta Transit/eBART station - and as an employment center within the City. This will be accomplished through goals, policies, regulations, and guidelines that address land use, architectural and urban design, circulation and parking, infrastructure, public services, and economic development in the Specific Plan area. The Specific Plan addresses the needs of the various users who frequent the Specific Plan area, including residents, workers, and visitors. The Specific Plan is intended to guide private development and public investment within the Specific Plan area for the next 20-25 years.

1.2: PLAN AREA SETTING
Regional Setting
Brentwood is located in the East Bay Region on the alluvial plain of the Sacramento-San Joaquin Delta near the eastern base of Mount Diablo. It is approximately 41 miles west of San Francisco, 22 miles east of Stockton, and 46 miles southwest of Sacramento.

Figure 1.1 shows Brentwood’s location within the region.

Local Setting
Brentwood is a 14.86 square-mile city within Contra Costa County.

The city is bordered by the City of Antioch to the northwest, the City of Oakley to the north, and Contra Costa County to the east, south, and west.

Regional highway access to the city is primarily provided by State Route 4 (SR 4), which extends north-south through the city. The SR 4 corridor connects the city to Antioch and other East Bay cities to the west and Stockton and the central valley to the east.

Regional access to Brentwood is also provided via Interstates 580 and 205.

PA-1 SPECIFIC PLAN | INTRODUCTION 1-3

1 -4 PA-1 SPECIFIC PLAN | INTRODUCTION

PA-1 SPECIFIC PLAN | INTRODUCTION 1-5
Specific Plan Area
The Specific Plan area is approximately 431 acres in size, and located in the northwestern corner of the City (see Figure 1.2:

Specific Plan Area Map). Approximately 63 acres of the Specific Plan area consists of public right-of-way and the Mokelumne Coast to Crest Trail corridor. The remaining area, approximately 368 acres, is privately-owned. The Specific Plan area is generally bounded by Lone Tree Way to the north, Shady Willow Lane to the east, Sand Creek to the south, and Heidorn Ranch Road to the west; and bisected from north-to-south by State Route 4.

The Specific Plan area primarily comprises large “greenfield” sites that are undeveloped, vacant, and/or occupied by agricultural uses. The Specific Plan area also includes two commercial centers – Brentwood Station and Lone Tree Plaza, located along the Specific Plan area’s northern boundary; three churches – Golden Hills Community Church, Lighthouse Baptist Church, and The Church of Jesus Christ of Latter-Day Saints, are concentrated in the Specific Plan area’s northeastern corner, adjacent to the Lone Tree Way and Shady Willow Lane intersection and south of Brentwood Station; and several single-family homes situated on large parcels (generally classified as agricultural and/or estate residential). The greenfield sites and parcels occupied by singlefamily homes hold the greatest development potential; however, the commercial centers and church sites may also accommodate intensified development.

1.3: BACKGROUND
The City’s interest in providing comprehensive, focused policy direction for development in the Specific Plan area originated during the last comprehensive General Plan Update, adopted in 2014. In response to the City’s rapid population growth during the preceding 15 years and the desire to address the resulting jobsto-housing imbalance, the General Plan first identified the area as a priority location to meet the City’s economic development goals and accommodate future growth. Specifically, the General Plan initiated the area’s identification as “Priority Area 1” through the application of an overlay designation on the General Plan Land Use Map and included policies that address the area’s
development pattern and character, mix of uses, and economic development opportunities.

To implement and build upon the General Plan’s guidance for Priority Area 1, the City decided to prepare a specific plan. In Spring 2016, the City issued a request for proposals (RFP) from

1-6 PA-1 SPECIFIC PLAN | INTRODUCTION
qualified consulting firms to assist the City with the preparation of the document. De Novo Planning Group was awarded the
contract and worked with City staff to draft and finalize the Brentwood PA-1 Specific Area Plan. The PA-1 Specific Plan was adopted by the Brentwood City Council on November 13, 2018.

Following adoption of the PA-1 Specific Plan, the City of Brentwood contracted with ELS Architecture and Urban Design to undertake additional planning efforts in order to bolster the PA-1 Specific Plan, with the goal of enhancing economic development opportunities to spur commercial development within the PA-1 area. ELS worked with City staff to develop the Innovation Center Master Plan (ICMP) in 2020. A Series of Virtual Town Halls and City Council workshops informed the final ICMP marketing plan, which was considered in 2021 by the Brentwood City Council for marketing and future land use purposes. The ICMP built upon the framework set forth by the PA-1 Specific Plan by revising the vision of the plan area, altering land use acreages and distribution to fit the vision of the ICMP, modifying allowed uses within the planning area, and revising the circulation and bicycle-pedestrian network within the planning area. The key components of the ICMP work efforts have been incorporated into the PA-1 Specific Plan.

1.4: SPECIFIC PLAN REQUIREMENTS
A specific plan is a regulatory tool used by local governments to implement their general plans and to guide development in a localized area. While the general plan is the primary guide for growth and development, specific plans focus on the unique characteristics of a specified area by customizing land use regulations and planning processes to that area. This Specific Plan is a tool to create public improvement projects, promote development, and evaluate development proposals.

All specific plans must comply with Sections 65450–65457 of the Government Code. These provisions require that a specific plan be consistent with the adopted general plan of the jurisdiction within which it is located. In addition, zoning regulations, all subsequent subdivision and development, and all public works projects must be consistent with the specific plan.

Section 65451 of the Government Code mandates that a specific plan contain:
⊲ Statement of the relationship of the specific plan to the general plan.
⊲ Text and diagrams which specify:

PA-1 SPECIFIC PLAN | INTRODUCTION 1-7
o The distribution, location, and extent of the uses
of land, including open space.
o The proposed distribution, location, extent, and
intensity of major components of public and
private transportation, sewage, water, drainage,
solid waste disposal, energy, and other essential
facilities.
o Standards and criteria by which development will
proceed, and standards for the conservation,
development, and utilization of natural
resources.
o A program of implementation measures
including regulations, programs, public works
projects, and necessary financing measures.

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1.5: RELATIONSHIP TO OTHER DOCUMENTS
The Specific Plan builds upon the policy framework and direction set forth for the Specific Plan area by the City’s General Plan. This translates into a focused, detailed, comprehensive plan for the Specific Plan area that addresses land use, the characteristics of private and public realm development, circulation, parking, infrastructure, and economic development. The plan also incorporates pertinent aspects of other planning documents that provide policy direction for future development in the Specific Plan area.

General Plan
Adopted by the City in July 2014, the City’s General Plan provides overarching policy direction for development throughout the City, including in the Specific Plan area. As described in Policy LU 1-2, the General Plan prioritizes the development of a mixture of employment-generating uses in the Specific Plan area, focused along the State Route 4 corridor. In addition, the General Plan identifies the possibility of constructing a transit facility for a future eBART station and/or a park-and-ride facility, and associated transit-oriented development that supports ridership, in the Specific Plan area. This includes medium- to high-density residential uses (that also support the Specific Plan area’s predominant employment-generating uses) and the relatively intense, multiple-story, vertical mixing of commercial and residential uses. The General Plan also emphasizes the
importance of planning for open space, green space connectivity, optimization and protection of creek corridors, and an integrated network of trails and open spaces that extend through the Specific Plan area and connect with trails and open spaces beyond.

The General Plan also provides citywide policy direction that generally applies to development in the Specific Plan area. This includes constructing and maintaining a circulation network that supports the safe and efficient movement of all modes of transportation while encouraging walking, biking, and transit use; working with Bay Area Rapid Transit (BART) and Tri Delta Transit to expand transit service; ensuring that the City’s infrastructure systems are sufficient to support growth; promoting the conservation of energy, water, and other natural resources; and promoting high quality architecture and design to maintain and enhance the community’s visual quality.

PA-1 SPECIFIC PLAN | INTRODUCTION 1-9
Zoning Code
The City’s Zoning Code (Brentwood Municipal Ordinance Title 17) identifies specific zoning districts and planned developments within the city and describes the development standards that apply to each district and planned development. The Priority Area One Specific Plan area is one of these districts. For regulations addressed by the Specific Plan, those regulations prevail for future development in the Specific Plan area. Where the Specific Plan is silent, future development must comply with applicable
regulations in the Zoning Code.

Citywide Commercial & Industrial and Residential
Design Guidelines
Adopted by the City in 2001 and 2006, respectively, the City’s Commercial & Industrial Design Guidelines and Residential Design Guidelines provide guidance on achieving high-quality
architectural and urban design that complements the City’s existing built environment and creates a unique identity and sense of place for the community. The Specific Plan’s private and public realm design guidelines build upon the document’s relevant provisions and prevail for future development in the Specific Plan area.

Innovation Center Master Plan
Considered by the City in 2021, the Innovation Center Master Plan (ICMP) marketing plan builds upon the foundation of the PA-1 Specific Plan. The ICMP refined the vision for the PA-1 Specific Plan as a next generation employment center with employee experience, health, and collaboration being high priorities. The ICMP refined the acreages attributed to each land use within the PA-1 Specific Plan to better accommodate small scale incubator spaces, large-scale office and technology corporate campus development, and the transit village. However, it is important to note that none of the changes to the PA-1 Specific Plan that were made in response to the ICMP have resulted in increased development capacity beyond what was assumed and described in the 2018 adopted PA-1 Specific Plan. The ICMP also revised the internal circulation network within PA-1 in order to better accommodate the revised land use map and to better enhance the pedestrian oriented streetscape. The ICMP also incorporated additional recreational amenities that meet the goals of the City’s Parks, Trails, and Recreation Master Plan, which was updated in 2019, following adoption of the PA-1 Specific Plan.

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Parks, Trails, and Recreation Master Plan
Adopted by the City in 2002 and updated in 2019, the City’s Parks, Trails, and Recreation Master Plan provides citywide goals and polices related to planning and design of parks, trails and other pedestrian and bicycle facilities, and recreational facilities. The Specific Plan incorporates the document’s direction for the Specific Plan area, including the required provision of parks within new development and the extension of the Mokelumne Trail over State Route 4 and across the western half of the Specific Plan area to Heidorn Ranch Road.

Countywide Bicycle and Pedestrian Plan
Adopted by the Contra Costa Transportation Authority (CCTA) in 2003 and updated in 2009 and 2018, the Countywide Bicycle and Pedestrian Plan identifies existing and proposed pedestrian and bicycle facilities, provides recommendations for the facilities’ design, and identifies funding sources for jurisdictions to build, operate, and maintain the facilities. The Specific Plan incorporates the document’s identification of existing and proposed bicycle facilities and design recommendations.

City of Brentwood Urban Water Management Plan
Adopted by the City in 2021, the City’s Urban Water Management Plan requires the efficient use of the City’s urban water supply and promotes water conservation. The UWMP discusses not only the availability of water but also water use, reclamation, and water conservation activities. The UWMP complies with the Urban Water Management Planning Act (UWMP Act) (California Water Code [CWC] Section 10610 et seq.), the Water Conservation Act of 2009 (CWC Section 10608), and the 20x2020 Water
Conservation Plan, which are being implemented by the California Department of Water Resources (DWR). The Specific Plan builds upon the UWMP’s recommendations for the Specific Plan area.

City of Brentwood Water Master Plan
Prepared and adopted by the City in 2006, and most recently updated in 2017, the City’s Water Master Plan includes a summary of the City’s system-wide water demands, the planning criteria used to determine water system demands, the City’s water distribution system model, an analysis of the City’s water system, and a summary of existing and future water system facilities. The Specific Plan area’s water system design implements the Water Master Plan’s direction for the Specific Plan area.

PA-1 SPECIFIC PLAN | INTRODUCTION 1-11
City of Brentwood Wastewater Collection System
Master Plan
Prepared and adopted by the City in 2010, and most recently updated in 2017, the City’s Wastewater Collection System Master Plan includes a description and maps of the City’s wastewater collection system, system-wide flow projections, hydraulic models of system flows, an analysis of the system’s capacity, a summary of system capacity improvements that are needed, and a
summary of the current related CIP schedule and costs for wastewater system improvements. The Specific Plan area’s wastewater system design implements the Wastewater
Collection System Master Plan’s direction for the Specific Plan area.

City of Brentwood Sewer System Management Plan
Prepared and adopted by the City in 2006 to implement State Water Resources Control Board (SWRCB) implemented Order No. 2006-0003-DWQ and updated in 2021, the City’s Sewer System Management Plan facilitates the overall management of the City of Brentwood’s sewer system. The Specific Plan area’s sewer system was designed to implement the Wastewater Collection System Master Plan’s direction for the Specific Plan area.

Brentwood Economic Development Strategy
The City Council received and filed the Brentwood Economic Development Strategy and Action Plan on April 10, 2018. This document is intended to enhance business recruitment and retention, and the community’s quality of life. The Specific Plan’s economic development goals and policies were developed to be consistent with content and strategies contained in this document.

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1.6: COMMUNITY PLANNING PROCESS
To prepare the Specific Plan, the City utilized a community-based planning process. The City hired a multidisciplinary consultant team of planners, urban designers, traffic engineers, acoustical professionals and economists to lead the process and prepare technical documents and studies that informed various aspects of the plan. The consultant team was augmented and led by City Planning and Public Works staff members. Throughout the planning process, the City and the consultant team sought input from elected and appointed officials, community groups, business and property owners, residents, and other members of the public, and outside public agency representatives regarding key aspects of the plan.

To reach as many people as possible, this outreach effort assumed a broad approach. This included two online surveys, two public workshops, an open house, stakeholder and agency interviews and consultations, frequent meetings with the project’s Working Group, and working sessions and hearings with the City Council and Planning Commission. In an effort to keep these individuals and all City residents informed and interested in the planning process, the project team maintained a project-specific website, notified the community about participation opportunities, and provided the City Council and Planning Commission with frequent updates.

The following list provides a basic introduction to the project’s website, workshops and open house, surveys, interactions with stakeholders, public meetings and hearings, and status updates.

Each item includes a brief summary of the topics that were covered and any outcomes that were reached.

Project Website
The consultant team maintained a project website throughout the duration of the Specific Plan process. The website was unveiled at the project’s outset and was frequently updated to include information about upcoming meetings and public events and project deliverables. The website also hosted two online surveys (for a description of the surveys, refer to Public Outreach Events and Online Surveys) and facilitated community members
contacting the project team and signing up for the project’s email list.

Stakeholder Discussions
The project team met and spoke with representatives from several outside agencies, including Bay Area Rapid Transit (BART), Contra Costa Transportation Authority (CCTA), Tri-Delta Transit, and East Bay Municipal Utilities District (EBMUD) on several

PA-1 SPECIFIC PLAN | INTRODUCTION 1-13
occasions to plan for the possible location of a light rail station, bus transit station, and park-and-ride lot in the Specific Plan area.

Specific Plan Working Group
Appointed by the City Council, the Specific Plan Working Group played a critical role throughout the Specific Plan process. This included the group sharing its impressions of the Specific Plan area’s development opportunities and potential – culminating with the recommendation of the Preferred Land Use Map to City Council, providing feedback on the development of the draft Specific Plan document, and serving as ambassadors for the project within the community. The group comprised twelve members, including City Council Members and Planning
Commissioners, real estate and other development professionals, property owners, and residents. The group generally met on a monthly basis ten times during the process, including during the development of the Preferred Land Use Map and Public Review Draft Specific Plan.

Public Outreach Events and Online Surveys
The project team facilitated three public events, including two workshops and one open house, and hosted two online surveys as part of the Specific Plan outreach process to gather input from the community.

Workshop 1
On April 17, 2017 the project team hosted the project’s first public outreach event, Workshop 1, to receive input on key priorities for the PA-1 Specific Plan. Approximately 30 members of the public attended the workshop. Following a presentation from the consultant team, which provided an overview of the Specific Plan process and key issues to address in the PA-1 Specific Plan, workshop participants were asked to provide input on key topics related to development in the Specific Plan area. This included the participants’ desired development types, transit priorities, employment industries to attract, and preferred residential density ranges in the Specific Plan area. Participants, working in small groups around base maps of the Specific Plan area, were also asked to identify their preferred location for land uses. The project team, in consultation with the Working Group, used the workshop’s results to develop the Specific Plan’s land use alternatives, land use regulations, and private realm development standards and design guidelines.

Online Survey 1
The project team developed the project’s first online survey to coincide with Workshop 1. Similar to the workshop, the survey

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asked participants to provide input related to their preferences for future development, the possibility of future light rail transit service, and desired job industries in the Specific Plan area. The survey was available on the project website from April 13 through June 9, 2017. Over 260 participants responded to the survey. The survey’s results were also used by the project team and Working Group to develop the Specific Plan’s land use alternatives, land use regulations, and private realm development standards and design guidelines.

Online Survey 2
The project team developed the project’s second online survey to gauge the community’s support for the Specific Plan’s land use alternatives. Participants were asked to select their favorite and least favorite alternative and describe the rationale supporting their selections. The survey was available on the project website from October 4 through 25, 2017. Approximately 60 participants responded to the survey. The results were used by the project team and Working Group to refine the land use alternatives in the Specific Plan’s Preferred Land Use Map.

Open House
On December 11, 2017, the project team hosted an Open House to present the Preferred Land Use Map to the community.

Approximately 10 members of the public attended the workshop.

The consultant team began the open house with a brief
presentation on the project and process and the map’s key concepts. Following the presentation, participants were invited to review a series of boards that illustrated the map and further described the concepts and provide input on comment cards. The results were used by the project team to finalize the Specific Plan’s Preferred Land Use Map.

City Council Meetings
The project team received the City Council’s direction on important aspects of the Specific Plan at three regular Council meetings.
⊲ The first meeting, the project’s kickoff event, took place on January 31, 2017. During the meeting, the project
team provided the Council with an overview of the
project and work program and received the group’s input on key planning issues related to, along with the goals for, the Specific Plan.
⊲ The second meeting, a City Council workshop, took place on November 14, 2017. During the meeting, the Council
provided final direction on the development of the
Preferred Land Use Map.

PA-1 SPECIFIC PLAN | INTRODUCTION 1-15
⊲ The third and final meeting, another City Council
workshop, took place on May 22, 2018. During the
meeting, the Council provided final direction regarding development of the Public Review Draft Specific Plan and directed that the Plan be released for public review and comment.

Status Updates
Throughout the planning process, the project team provided the community with regular updates on the status of the project.

Most often, this occurred during City Council and Planning Commission meetings. In addition, the project team posted regular updates to the project page on the City’s website.

1.7: SPECIFIC PLAN ORGANIZATION
The Specific Plan contains ten chapters and is comprised of two sections. The first section, including Chapters 1, 2, and 3, provides a foundation for future development by providing background and existing conditions information, an understanding of the Specific Plan area’s development potential, and a vision for the Plan area. The second section, Chapters 4 through 10, provides tools and an implementation strategy that will help guide future development in a manner that fulfills the community’s vision.

The Specific Plan also includes four appendices, comprising a glossary, a detailed existing conditions report, a fiscal analysis of the preferred land use alternative, and a cost estimate for the construction of the Specific Plan area’s primary
circulation/infrastructure network.

The Specific Plan is organized in the following manner:
⊲ Chapter 1 – Introduction
This chapter defines the Specific Plan’s purpose and
describes the project’s community planning process. The chapter also contextualizes the project area’s location, summarizes the project’s relationship other documents,
and lists the project’s guiding principles.
⊲ Chapter 2 – Existing Conditions
This chapter summarizes the project area’s existing
conditions, issues, and opportunities that pertain to the Specific Plan.
⊲ Chapter 3 – Vision
This chapter establishes the overall vision for the design and character in the Specific Plan area. All subsequent goals, policies, and design guidelines in the Specific Plan support the vision.

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⊲ Chapter 4 – Land Use Plan
This chapter guides the location and type of new
development. The Land Use Plan establishes land use
classifications and locates them in the Specific Plan area on the Land Use Map.
⊲ Chapter 5 – Circulation Plan
This chapter identifies major circulation features and
parking facilities and summarizes planned enhancements
to improve multi-modal mobility and parking in the
Specific Plan area.
⊲ Chapter 6 – Private Realm Development Standards &
Design Guidelines
This chapter identifies how the Specific Plan area’s built form should function and look. The mandatory standards
and policies, as well as the advisory guidelines, provide the ingredients needed to shape the urban design
character of the Specific Plan area. All development
activities in the Specific Plan area are required to address the relevant standards and guidelines and demonstrate
how the project supports the vision for the Specific Plan area.
⊲ Chapter 7 – Public Realm Design Guidelines &
Improvements
This chapter identifies major streetscape features and
summarizes planned enhancements to, and standards
and guidelines for, the public realm in the Specific Plan area.
⊲ Chapter 8 – Infrastructure & Public Services
In addition to the roadways described in the previous
chapters, this chapter includes details related to how
other infrastructure, such as sewer, water, cable, and
phone services, will be provided to support new
development. Public services, such as police and fire, are also included in the chapter.
⊲ Chapter 9 – Economic Development
This chapter includes strategies that describe how
development in the Specific Plan area can help
Brentwood realize its broader economic development
goals, what the development may entail, and the impact
that future light rail transit service may have on
strengthening the Specific Plan area and the city’s
economic connections within the region.

PA-1 SPECIFIC PLAN | INTRODUCTION 1-17
⊲ Chapter 10 – Implementation and Administration
The Specific Plan has many components, and its vision
cannot be achieved overnight. This chapter establishes
implementation actions, phasing, financing, and other
information related to how the Specific Plan can
implement the vision established in Chapter 3. The
implementation actions are the physical improvements,
programs, and projects that need to be carried out for the Specific Plan to be realized. The chapter also describes how the City will administer the Specific Plan.
⊲ Appendix A – Glossary
This appendix provides definitions for terms that appear in the Specific Plan.
⊲ Appendix B –Existing Conditions Report
The appendix provides a detailed analysis of existing
environmental, development, socio-economic, traffic,
and infrastructure conditions within the Plan area at the time of adoption of the Specific Plan.
⊲ Appendix C – Water Supply Assessment
The appendix assesses what water system improvements
will be required to meet the Specific Plan’s preferred land use alternative’s projected water demand at buildout.
⊲ Appendix D – Priority Area 1 Specific Plan Preferred
Alterative Fiscal Analysis
The appendix projects increased General Fund costs and
revenues associated with the Specific Plan’s preferred
land use alternative.
⊲ Appendix E – PA-1 Roadway and Utility Engineer’s
Estimate
This appendix estimates how much it will cost the City to construct the utility and roadway improvements
associated with the Specific Plan Area’s primary network.

The document is organized by roadway; and the
roadways’ estimates are itemized by utility and roadway component.

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1.8: INTERPRETING THE SPECIFIC PLAN
Chapters 3 through 10 include directives – goals, policies, development standards, and design guidelines that guide the implementation of the Specific Plan. For directives that incorporate binding language, including, but not limited to, “shall” and “must,” development projects, circulation and utility infrastructure improvements, actions, and other initiatives are required to meet and/or fulfill the directive. For directives that include nonbinding language, including, but not limited to, “should” and “may,” development projects, circulation and utility infrastructure improvements, actions, and other initiatives are strongly encouraged to meet and/or fulfill the directive. Final interpretation as to which policies, standards, and/or guidelines are mandatory for development projects shall fall under the authority of the Community Development Director.

CHAPTER 2:

Existing Conditions
This chapter includes an overview of the location, characteristics, existing conditions, and key opportunities for the Plan area, as they existed when the Specific Plan process commenced in late 2016. More details about the Plan area’s existing conditions are contained in the PA-1 Specific Plan Existing Conditions Report, which is included as Appendix B.

This chapter is organized into the following sections:

2.1. Local Setting

2.2. Existing Land Use

2.3.General Plan Land Use

2.4.Circulation Networks & Parking

2.5. Specific Plan Area Character

2.6. Existing Infrastructure & Public Services

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2.1: LOCAL SETTING
As identified in Chapter 1, the Specific Plan area encompasses approximately 431 acres in the northwestern corner of the City (see Figure 2.1: Local Setting). The Specific Plan area is generally bounded by Lone Tree Way to the north, Shady Willow Lane to the east, Sand Creek to the south, and Heidorn Ranch Road to the west; and bisected from north-to-south by State Route 4.

The Specific Plan area is surrounded by the Slatten Ranch and Empire Shopping Centers to the north, low-density, single-family residential neighborhoods to the east, the Streets of Brentwood shopping center and agricultural uses to the south, and lowdensity, single-family residential neighborhoods and agricultural uses to the west.

2.2: EXISTING LAND USE
The project area currently includes a mixture of commercial, residential, agricultural, church, and public/quasi-public uses, along with a number of vacant parcels, as shown in Figure 2.2:

Existing Land Use. Commercial development, comprising
Brentwood Station and Lone Tree Plaza, is concentrated along the Specific Plan area’s northern boundary south of Lone Tree Way.

Three churches, including Golden Hills Community Church, Lighthouse Baptist Church, and The Church of Jesus Christ of Latter-Day Saints, are concentrated in the Specific Plan area’s northeastern corner, adjacent to the Lone Tree Way and Shady Willow Lane intersection and south of Brentwood Station.

Agricultural development occupies most of the remaining acreage to the south, with residential uses (generally classified as agricultural and/or estate residential) and vacant parcels interspersed within this area.

Table 2.1 identifies the number of parcels, acreage, residential units, and non-residential building square footage for existing land uses in the Specific Plan area. Areas within PA-1 designated rightof-way (ROW), which consist primarily of the State Route 4 corridor, are not included in this table.

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2 -4 PA-1 SPECIFIC PLAN | EXISTING CONDITIONS

PA-1 SPECIFIC PLAN | EXISTING CONDITIONS 2-5
Table 2.1: Existing Land Uses
Use Parcels Acreage
NonResidential
Area (sf)
Dwelling
Units
Non-Residential 43 299.03 692,603 -
Commercial
Stores 2 7.17 86,809 -
Service
Stations/
Car Wash
2 2.90 8,059 -
Shopping
Centers 13 50.25 439,247 -
Drive-In
Restaurants 1 0.54 3,202 -
Rural,
Residential
Improved
1 5.87 1,296 -
Rural, With or
Without
Structures
8 47.27 - -
Urban acreage 2 51.81 1,448 -
Orchard/
Vineyard/
Row Crop
(10-40 ac.)
2 51.61 - -
Orchard/
Vineyard/
Row Crop
(> 40 ac.)
1 50.08 - -
Churches 4 21.82 152,542 -
Government
Owned 7 9.72 - -
Residential 4 20.38 - 4
Single-Family
Residential 4 20.38 - 4
Vacant 7 48.91 - -
Non-Residential
Vacant Land 6 43.90 - -
Residential
Vacant Land 1 5.01 - -
TOTAL 54 368.32 692,603 4

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2.3: GENERAL PLAN LAND USE
The Brentwood General Plan is the guiding document for
development in the City and the Specific Plan area. The General Plan identifies land use classifications and sets the direction for the development standards found in the Specific Plan and the Zoning Code.

As illustrated in Figure 2.3: General Plan Land Use, the General Plan applies seven land use classifications to the Specific Plan area’s parcels: Mixed Use Pedestrian Transit, Park, Planned Development, Public Facility, Regional Commercial, ResidentialVery High Density, and Semi-Public Facility. In addition to the parcels designated with a land use classification, two parcels lack a designation.

Table 2.2: General Plan Land Use summarizes the General Plan land uses by acreage in the project area.

Table 2.2: 2018 General Plan Land Use
General Plan Land Use Parcels Acreage
Mixed Use Pedestrian Transit
(MUPT) 27 249.98
Park (P) 2 5.23
Planned Development (PD) 2 23.07
Public Facility (PF) 1 0.99
Regional Commercial (RC) 20 63.24
Residential-Very High Density
(R-VHD) 2 8.98
Semi-Public Facility 3 16.83
TOTAL 55* 368.32
*Some parcels include multiple General Plan designations

PA-1 SPECIFIC PLAN | EXISTING CONDITIONS 2-7

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2.4: CIRCULATION NETWORKS AND PARKING
This section provides an overview of the motor vehicle, pedestrian, bicycle, and transit networks, and parking facilities in the Specific Plan area.

Street Network
The Specific Plan area is primarily served by the following roadways:
⊲ State Route 4, a freeway, extends from north-to-south through the center of the Specific Plan area. The freeway provides access to the Specific Plan area from an
interchange located along Lone Tree Way.
⊲ Lone Tree Way, a major arterial street, extends from eastto-west and forms the Specific Plan area’s northern boundary.
⊲ Heidorn Ranch Road, a major arterial street, extends from north-to-south and forms the Specific Plan area’s western boundary.
⊲ Shady Willow Lane, a minor arterial street, extends from north-to-south and forms most of the Specific Plan area’s eastern boundary.
⊲ Jeffery Way, a minor arterial street, extends from northto-south through the northcentral part of the Specific Plan area.
⊲ Empire Avenue, a collector street, extends from east-towest through the east central part of the Specific Plan area. ⊲ Sand Creek Road, a major arterial street and roadway of regional significance, is planned and in the design phase, and will extend from State Route 4 westbound to Heidorn Ranch Road at the Specific Plan Area’s western boundary and beyond into the City of Antioch.

These routes generally provide access from the surrounding residential neighborhoods and shopping centers within the city and the City of Antioch to the west. The Specific Plan area is also served by three roadways that provide access to and through Lone Tree Plaza, Canada Valley Road, Kohl’s Drive, and Lone Tree Plaza Drive, and two roadways that provide access to the eastern half of the Specific Plan area, Amber Lane and Empire Avenue.

PA-1 SPECIFIC PLAN | EXISTING CONDITIONS 2-9
Collectively, these roadways provide adequate access for motorized vehicles around the Specific Plan area’s periphery and within and through the northern portion of the Specific Plan area, as it is currently developed.

Pedestrian and Bicycle Network
Pedestrian and bicycle movement within and through the Specific Plan area is generally accommodated by existing streets and sidewalks and the Mokelumne Coast to Crest and Sand Creek Trails. Mobility is significantly constrained by the existing street network’s lack of continuous and adequate pedestrian and bicycle facilities and absence of roadways that extend into the Specific Plan area’s interior south of Lone Tree Plaza (west of State Route 4) and Amber Lane (east of State Route 4), and by the Mokelumne Coast to Crest Trail only extending across the eastern half of the Specific Plan area and the Sand Creek Trail’s lack of connection across State Route 4.

Transit Service
The Specific Plan area is primarily served by the following four regularly-scheduled fixed-route bus lines provided by Eastern Contra Costa County Transit Authority’s (ECCTA) Tri Delta Transit:
⊲ Route 380 provides connectivity between Brentwood,
Antioch, Pittsburg Center, and Pittsburg-Bay Point BART stations, passing through Brentwood on the north side of the Specific Plan Area with a stop near Lone Tree
Way/Canada Valley Road. It runs on weekdays and
operates from 3:00 AM to 10:00 PM with approximately
1 hour headways.
⊲ Route 384, provides connectivity between Brentwood
Park & Ride and the Antioch BART Station, passing along Lone Tree Way passing along the northern border of the
Specific Plan Area. It runs on weekdays and operates from 5:30 AM to 5:45 PM with approximately 1 hour headways.
⊲ Route 385 provides connectivity between the downtown
Brentwood Park & Ride lot and the Antioch BART Station
at Hillcrest, running by several schools, major shopping areas, and employment centers. The route generally runs at hourly headways, but at peak periods the frequency is increased to 30 to 40 minutes. The route is operated on weekdays only.

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⊲ Route 395 is a loop route providing weekend and holiday service between the Antioch BART Station at Hillcrest and commercial areas along Lone Tree Way and Sand Creek
Road in Brentwood. The route operates on one-hour
headways between 9:30 AM and 8:00 PM.

Bay Area Rapid Transit (BART) provides regional heavy-rail transit services within Contra Costa, Alameda, San Francisco and San Mateo Counties, with construction underway to extend service to Santa Clara County. Currently, the nearest BART station is located in Antioch, following its opening for service on May 26, 2018. The new station is served by BART Diesel Multiple Units (DMU’s), and supplementary BART to Antioch rail service to coordinate with the arrival/departure of BART trains with two stations, Pittsburg Center BART Station and Antioch BART Station, including any future track extensions eastward. BART service to Brentwood has been examined through an eBART Next Segment Study (2014) which studied a possible station location within the Specific Plan area where the Mokelumne Coast Crest Trail meets State Route 4 south of Lone Tree Way, including other prospective locations east of the Antioch BART Station at Hillcrest.

ECCTA provides paratransit, also known as dial-a-ride or door-todoor, service in the Specific Plan area to those who are unable to independently use the transit system due to a physical or mental disability. Individuals must be registered and certified as ADA eligible before using the service. Paratransit operators are required by the ADA to service areas within three-quarters of a mile of their respective, public fixed-route service.

Taxi and Ridesharing Service
Taxi service in the Specific Plan area is provided by private operators that serve the greater Eastern Contra Costa County area and beyond. Additional ridesharing services, such as Uber and Lyft, are also available in the Specific Plan area.

Parking
The majority of the Specific Plan area’s parking supply is located on developed sites occupied by major uses, including Lone Tree Plaza, Brentwood Station, Golden Hills Community Church, Lighthouse Baptist Church, and The Church of Jesus Christ of Latter-Day Saints.

PA-1 SPECIFIC PLAN | EXISTING CONDITIONS 2-11
The remainder of the Specific Plan area, occupied by agricultural and/or residential uses and vacant parcels offers limited off-street parking facilities. The Specific Plan area’s existing roadways also offer limited on-street parking facilities.

As new development occurs on developed sites, future uses will need to be evaluated for compliance with associated parking requirements. New development on greenfield sites will require the construction of off-street parking facilities to meet the associated parking requirement.

2.5: SPECIFIC PLAN AREA CHARACTER
The Specific Plan area’s character comprises two distinct identities, the developed area forming most of the northern third of the Specific Plan area and the remaining agricultural and/or residential area to the south.

The developed area possesses characteristics associated with suburban development, including mostly large, single story commercial and church buildings setback from the adjacent streets by some combination of wide landscaped areas and offstreet parking lots. The Specific Plan area’s shopping centers, Lone Tree Plaza and Brentwood Station, also include several pad commercial buildings that are located within the parking areas and somewhat closer to the adjacent street(s). Most of the buildings bear little relationship with the street; however, some of the buildings located in Lone Tree Plaza, particularly the pad buildings, face onto and are located within close proximity to the shopping center’s primary north-to-south extending roadway, Canada Valley Road.

The remainder of the Specific Plan area appears rural. This includes agricultural large agricultural fields, interspersed by farmsteads and large, estate residential properties.

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2.6: EXISTING INFRASTRUCTURE AND PUBLIC

SERVICES
This section provides an overview of the utility infrastructure and public services in the Specific Plan area.

Utilities
Water and Wastewater Supply
The City of Brentwood provides potable and non-potable water supplies and distribution to customers within the Specific Plan area. The City also provides wastewater collection, treatment, and disposal services for residents and businesses located in the Specific Plan area. There is currently limited water and wastewater infrastructure located within the interior portions of the Specific Plan area. As such, water supply and wastewater conveyance infrastructure will need to be extended throughout these currently unserved areas.

Stormwater Conveyance
The City provides storm drainage collection within the Specific Plan area and is responsible for maintenance of the collection system. The Contra Costa County Flood Control and Water Conservation District is responsible for constructing and maintaining regional flood control basins, channels, and creeks throughout the county, including the City of Brentwood.

Solid Waste
The Solid Waste Division of the City of Brentwood Public Works Department provides municipal solid waste (MSW) collection services, including garbage, yard waste, and recycling, to residents and businesses within the Specific Plan area. All of the MSW is hauled to the City’s Solid Waste Transfer Station, located at 2300 Elkins Way, approximately 3 miles east of the Specific Plan area.

At the transfer station, the MSW is checked for potentially hazardous waste material, and transferred onto larger trucks for ultimate disposal at a sanitary landfill or processed elsewhere. The City currently disposes and/or processes MSW (garbage,
recycling, and green waste) at the Keller Canyon Landfill, operated by Allied Waste Systems Republic Services and located within unincorporated Contra Costa County.

The City maintains contractual agreements with the Delta Diablo Sanitary District to provide household hazardous waste collection and disposal services in the Specific Plan area. Household hazardous waste can be taken to the Delta Household Hazardous Waste Collection Facility, located at 2550 Pittsburg-Antioch Hwy, in Pittsburg, or dropped off at one of several community

PA-1 SPECIFIC PLAN | EXISTING CONDITIONS 2-13
collection events that take place in various locations in the City and throughout eastern Contra Costa County throughout the year.

Cable, Phone, Gas, and Electric
AT&T, Comcast, and Sonic currently provide telecommunication, cable television, and Internet services. This includes Sonic’s symmetric Gigabit Fiber Internet service that transfer data at the rate of 10 gigabits per second. Utility infrastructure in the project area is located both aboveground on utility poles and
belowground in public utility easements.

The Pacific Gas and Electric Company (PG&E) provides electric services in the project area. Electrical infrastructure in the project area is located aboveground on utility poles as well as belowground. A large electric transmission line traverses the Plan area in a generally north-south direction. PG&E also provides natural gas services in the project area. Natural gas pipelines are located below ground.

Parks and Recreation
The Specific Plan area is not currently served by any City-owned parks, but is located within close proximity to several parks and other open spaces in the surrounding areas. This includes Appaloosa Park and Palomino Park in the Brighton Station neighborhood to the east, access to the Mokelumne Trail and Heidorn Park in the neighborhood to the west (Antioch).

Public Safety
Public safety consists of police, fire protection, and emergency services. In the Specific Plan area, police services are provided by the Brentwood Police Department, and fire protection and emergency services are provided by the Contra Costa County Fire Protection District (CCCFPD), which has consolidated with the East Contra Costa Fire Protection District (ECCFPD). The Brentwood Police Department is located at 9100 Brentwood Boulevard, approximately 3 miles southeast of the Specific Plan area. The CCCFPD stations that would arrive first on site serving the Specific Plan area, are Station 92 (201 John Muir Parkway), Station 93 (530 O’Hara Ave.), and Station 88 (4288 Folsom Dr.), all located within a few miles of the Specific Plan area.

Public Education Facilities
The Specific Plan area is served by the Brentwood Union School District for TK, kindergarten, and grades 1 through 8 and the Liberty Union High School District for grades 9 through 12. All school sites are located outside of the Specific Plan area.

CHAPTER 3:

Vision
This chapter presents the vision for the Priority Area One Specific Plan. The vision comprises a vision statement and six vision goals. The vision statement is an aspirational description of how the Specific Plan area should look and function when the Specific Plan is implemented. The vision goals support and implement the vision statement by providing the framework for the development of the Specific Plan’s land use and circulation plans, and economic development strategies. The statement and goals were derived from the community’s input provided during workshops and through online surveys, the Working Group’s input and recommendations, and direction from the City Council, and implement the General Plan’s direction for the Specific Plan area. All of the Specific Plan’s goals and policies, development standards and other requirements, and design guidelines and other recommendations support the vision statement and goals.

The chapter is organized into the following sections:

3.1.Vision Statement

3.2.Vision Goals

3-2 PA-1 SPECIFIC PLAN | VISION

3.1: VISION STATEMENT
The Priority Area One Specific Plan will transform the area it encompasses into Brentwood’s, and the San Francisco East Bay Region’s, next-generation employment center, centered around a vibrant, compact, mixed-use district that supports a future transit station. The Plan area will provide local and regional employment opportunities, such as small-scale business incubator spaces and dynamic large corporate campus environments, supported by retail, restaurant and entertainment venues, multi-family housing, a pedestrian-oriented streetscape, and a variety of recreational amenities.

3.2: VISION GOALS
The vision goals implement the Specific Plan’s vision statement.

The goals, as listed below, are described on the following pages. ⊲ Goal 1: Prioritize the Specific Plan area’s emergence as Brentwood’s next-generation employment hub.
⊲ Goal 2: Support the construction of a transit station surrounded by transit-oriented development.
⊲ Goal 3: Encourage housing that supports the Specific Plan area’s employment focus and proposed transit station.
⊲ Goal 4: Achieve a safe and efficient circulation system for all users and modes of transportation.
⊲ Goal 5: Encourage a network of recreational space
amenities.
⊲ Goal 6: Encourage well-designed development that
creates a sense of place.
⊲ Goal 7: Support and encourage the designation of a
public-school site within the PA-1 planning area.

Goal 1: Prioritize the Specific Plan area’s emergence
as Brentwood’s employment hub.

To address the city’s jobs-to-housing imbalance, the Specific Plan area shall be predominantly developed with employmentgenerating uses, including but not limited to, regional commercial, general commercial, professional office, business park, and light industrial/flex space uses. To achieve an optimal mix of these uses, employment-generating development should be focused around and have suitable access to the State Route 4 interchange at Lone Tree Way. Emphasis should be placed on Goal 1: Prioritize the Specific Plan area’s
emergence as Brentwood’s employment
hub.

PA-1 SPECIFIC PLAN | VISION 3-3
attracting a range of employers that provide well-paying jobs.

Goal 2: Support the construction of a transit station
surrounded by transit-oriented development.

To strengthen the city’s connections to other communities and economic centers within the region, the City will work in partnership with regional transit providers, such as Bay Area Rapid Transit (BART) and Eastern Contra Costa Transit Authority (TriDelta Transit), and alternative emerging transportation technology platforms, to construct a transit station within the heart of the Specific Plan area adjacent to the Mokelumne Trail.

Envisioned facilities include a Tri-Delta Transit bus hub and parkand-ride lot during the first phase and a light rail station, such as eBART, and expanded parking area during the second phase of development. To create a vibrant, pedestrian-oriented district within the city and encourage ridership, the station will be surrounded by transit-supporting uses, comprising commercial and residential mixed-use development and appropriate
employment-generating development, such as professional offices.

Goal 3: Encourage housing that supports the Specific
Plan area’s employment focus and proposed transit
station.

To provide housing within close proximity to jobs while supporting the development and use of the transit station, housing of sufficient density and appropriate configuration shall be encouraged within the Specific Plan area. This will take the form of occupying the upper stories of vertically mixed-use buildings within close proximity to the transit station and various high density residential typologies, ranging from 10 to 40 dwelling units per acre, within the Specific Plan’s outlying areas. To broadly address residents’ housing needs, housing should be provided at a wide range of affordability levels.

Goal 4: Achieve a safe and efficient circulation
system for all users and modes of transportation.

As existing roadways and other circulation facilities are improved and new facilities are constructed within greenfield areas, private and public investment in the Plan Area should help establish an integrated network of multi-modal circulation that balances the needs of pedestrians, bicyclists, transit users, and drivers.

Streetscapes should be designed to facilitate healthy lifestyles, social interaction, and a sense of place.

Goal 3: Encourage housing that supports the
Specific Plan area’s employment focus and
proposed transit station.

3-4 PA-1 SPECIFIC PLAN | VISION
Goal 5: Encourage a network of public open spaces.

New development and public streetscape improvements should contribute to the creation of a network of open space recreational amenitiesin both the Plan Area and greater San Francisco East Bay Region. New neighborhood parks, plazas, and small gathering and seating areas along streets will all provide places for residents and visitors to recreate, relax, and gather. Design of the open spaces and recreational amenities should emphasize the natural amenities of the region such as Sand Creek Trail, Mokelumne Trail, and Mount Diablo.

Goal 6: Encourage well-designed development that
creates a sense of place.

The Plan Area should be designed to be memorable and enjoyable to encourage people to return. Public areas and the buildings that frame them will play a vital role in shaping the image of the place.

The physical design of new buildings and public spaces will be critical in creating a true community destination. Streetscapes should include linear park features where feasible, multi-family housing should consider garden-style design elements, and mixed-use areas should serve as hubs for social interaction and idea sharing.

Goal 7: Support and encourage the establishment of
a public-school site within the PA-1 planning area.

The Plan Area is one of the few remaining locations within Brentwood that could support a new public-school site. City staff should work collaboratively with the City Council and local school districts to explore the feasibility of establishing a public-school site within the Plan Area. Any future public-school sites within PA1 should be thoughtfully designed to include publicly-accessible open space amenities in order to increase recreational
opportunities for Brentwood residents.

Goal 6: Encourage well-designed
development that creates a sense of place.

CHAPTER 4: LAND USE PLAN
This chapter describes the land use plan, which is the guide for developing and using land within the PA-1 Specific Plan area (Specific Plan area or planning area). The land use plan provides the framework necessary to achieve the mixture of uses that will fulfill the City of Brentwood’s vision and priorities for the Specific Plan area. The framework identifies the project area’s land use designations and allowed uses. The land use plan comprises the text in this chapter and the land use diagram, which is a map that illustrates the locations of the land use designations in the planning area. This chapter also includes goals and policies necessary to achieve and implement the land use vision for the Specific Plan area.

This chapter is organized into the following sections:

4.1. Land Use Plan

4.2. Land Use Designations

4.3. Allowed Uses

4.4. Land Use Plan Goals and Policies

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4.1: LAND USE PLAN
The land use plan implements the Specific Plan’s vision and goals through the application of specified land use designations to all properties in the Specific Plan area. The locations of these designations are illustrated in Figure 4.1, Land Use Plan. The land use designations form the basis of the Specific Plan’s land use framework. The designations are described in Section 4.2, Land Use Designations. The corresponding allowed use provisions for each designation are listed in Section 4.3, Allowed Uses.

Development standards for each land use designation are included in Chapter 6, Private Realm Development.

4.2: LAND USE DESIGNATIONS
Table 4.1, Land Use Designations, establishes the eight land use designations and one overlay designation that apply within the Specific Plan area. These designations implement both the PA-1 Specific Plan and the City’s General Plan vision, policies, and land use classifications for the planning area. The designations replace the application of the City’s conventional zoning districts and planned developments in the planning area. See Figure 4.1, Land Use Plan, for specific parcel designations within the project area.

Densities specified in this Specific Plan are expressed in units per gross acre. Gross acreage shall include land dedicated for any public use (including but not limited to streets, schools, parks, fire stations and detention basins). Land set aside for public facilities and for which reimbursement will be received is not to be included in density calculations (i.e. schools and detention basins). The extent to which facilities are provided will help determine the actual number of units per acre that will be allowed.

PA-1 SPECIFIC PLAN | LAND USE PLAN 4-1
Table 4.1: Land Use Designations
Employment Center/Light Industrial (ECLI)

0.6 Maximum FAR
The Employment Center/Light Industrial designation
accommodates a wide range of jobs-generating uses,
including business parks; clean light industrial; research and development (R&D); science, technology, engineering, and math (STEM); tech/biotech manufacturing; high-tech services that incorporate some combination of assembly,
warehousing, and/or sales, hospitals and other health carerelated uses, and professional offices. This designation also allows for a regional destination resort hotel and conference center on approximately 45 acres within PA-1. Limited
amounts of onsite restaurant and/or employee convenience retail may be allowed on select ECLI sites, provided such restaurant or convenience retail is subordinate to an
employment generating use, such as those described above.

Transit Village / Mixed Use (TV / MU)

0.5 – 1.5 FAR
25-40 du/acre
The Transit Village / Mixed Use designation provides for an integrated mix of high-intensity uses in the area surrounding the planned transit station, and encourages the development of a high-quality, pedestrian and bicycle friendly mixed-use district that will define the Specific Plan area’s core. Allowed uses include professional and medical offices, personal services, retail and restaurants, entertainment- and
hospitality-related uses, and upper floor multiple-family residences.

Regional Commercial (RC)

0.6 Maximum FAR
The Regional Commercial designation accommodates retail and service uses that serve the general needs of the
community and the region. The designation applies to parcels located along Lone Tree Way and State Route 4, and
accommodates bulk retailers, department stores,
supermarkets, hardware stores, smaller, specialty retailers, and professional and medical offices.

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Table 4.1: Land Use Designations
Multiple-Family Very-High Density
Residential (MFVHDR)
15-35 du/acre
The Multiple-Family Very-High Density Residential designation supports multiple-family residential development within walking distance to the transit station. The designation is primarily intended to accommodate multiple story
condominium and/or apartment buildings.

High Density Residential (HDR)
10-20 du/acre
The High Density Residential designation supports residential development at densities and configurations, compatible with the neighborhoods that surround the Specific Plan area, while providing housing within walking distance to the transit station. The designation accommodates a wide variety of housing types, including duplexes, triplexes, townhouses, condominium and/or apartment buildings, and small-lot
detached single-family houses.

Public Facility (PF)
The Public Facility designation applies to parcels reserved for government and public agency offices and facilities and public utility facilities.

Transit Station Overlay (TS)
The Transit Station overlay applies to the areas associated with the proposed transit station and associated facilities, including a potential bus terminal, rail platform, ticketing areas, customer amenities, access and parking areas, and a pedestrian overcrossing over State Route 4.

The locations of the Transit Station Overlay on the Land Use Map are approximate. The overlay is approximately 13.5 acres located east of State Route 4.

In the event that ultimate development of the Transit Station and associated facilities moves or shifts, the underlying land use designation shall be ECLI.

PA-1 SPECIFIC PLAN | LAND USE PLAN 4-3
Table 4.1: Land Use Designations
Recreational Amenity (RA)
The Recreational Amenity (RA) designation includes trail corridors, linear parks, and social spaces. These features can be natural spaces that enhance commercial environments
such as Innovation Parkway, Mokelumne Trail, and Sand Creek Trail. Approximately 22.5 acres of public parkland is needed to meet the 5-acre of parks per 1,000 resident standard in the General Plan.

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Figure 4.1- Land Use Plan

PA-1 SPECIFIC PLAN | LAND USE PLAN 4-5

4.3: ALLOWED USES
Table 4.2, Allowed Uses, establishes land use and corresponding entitlement requirements for the Specific Plan’s eight land use designations and one overlay designation. Allowed use provisions herein are generally consistent with and implement corresponding land use designations in the City’s General Plan. Within the Specific Plan area, all land area and structures/facilities therein may only be developed, divided, and/or used for those activities listed in Table 4.2. The table also includes references to Brentwood Municipal Code (BMC) sections and other ordinances that the City uses to regulate development that may impact certain sensitive uses.

Land uses in the table are grouped into general categories on the basis of common function, product, or compatibility characteristics. These allowed use categories are called “use classifications.” Use classifications describe one or more uses having similar characteristics but do not list every use or activity that may appropriately be within the classification. For more information on the purpose, applicability, and the City’s definition of use descriptions, refer to Appendix A: Glossary. The following rules apply to use classifications:
⊲ Similar Uses. When a use is not specifically listed in Table 4.2, it shall be understood that the use may be permitted or
conditionally permitted if the City of Brentwood Community Development Director determines that the use is substantially similar to a use listed in Table 4.2. Residential uses are not similar to and will not be permitted in any designation where such uses are not explicitly permitted in Table 4.2 below. It is further recognized that every conceivable use cannot be identified in Table 4.2. Anticipating that new uses will evolve over time, the Community Development Director may make a formal similar use determination (in writing) based on the proposed use’s impacts and its compatibility with uses allowed in the given district. ⊲ Illegal Uses. No use that is illegal under local, state, or federal law shall be allowed in any land use designation within the planning area.

Use regulations in Table 4.2 are shown using the following symbols:
⊲ P – land use permitted by right
⊲ C – land use allowed with the approval of a conditional use permit.

For the City’s conditional use permit requirements and process, refer to BMC Chapter 17.830.
⊲ - – land use not allowed

PA-1 SPECIFIC PLAN | LAND USE PLAN 4-6
Table 4.2: Allowed Uses
ECLI TV/MU RC MFVHDR HDR RA PF TS Additional
Regulations
Residential Use Listings
Dwelling – Accessory - P - P P - - -
Dwelling – Multiple-Family - P - P P - - -
Dwelling – Single-Family - - - - P - - -
Home Occupation - P - P P - - - BMC Chapter

17.840
Live-Work Unit - C - - - - - -
Supportive Housing - P - P P - - -
Transitional Housing - P - P P - - -
Human Services Use Listings
Day Care Center, Adults - C - C C - - -
Subject to
compliance
with State law
Day Care Center, Children,
*Ancillary to a Primary
Business Use in ECLI
C* C - C C - - -
Subject to
compliance
with State law,
including
Health &
Safety Code §
1597.45(a)
Medical Services –
Ambulance Service C - - - - - - -
Medical Services – Extended
Care P - - P P - - -
Medical Services – General P P P - - - - -
Medical Services – Hospital C - - - - - - -
Residential Care Facility,
Small, 6 or less beds - P P - P - - -
Residential Care Facility,
Large - - - - - - - -
Urban Agriculture and Animal-Related Use Listings
Community Garden - - - C C - C -
Kennel - - C - - - - -
Market Garden C C P - - - - -
Private Garden - P P P P - - -
Urban Agriculture Stand - P P - - C - -
Veterinary Clinic
(Without Kennel) - C C - - - - -
Institutional Use Listings
College Campus C C C - - - - -
Farmers’ Market P P - - - C - -
Indoor Fitness and Sports
Facility - P P - - - - -

PA-1 SPECIFIC PLAN | LAND USE PLAN 4-7
Table 4.2: Allowed Uses
ECLI TV/MU RC MFVHDR HDR RA PF TS Additional
Regulations
Indoor Recreational/
Entertainment Facilities C P P - - - - -
Outdoor
Recreation/Entertainment
Facilities

C C C C C C C -
Parks and Plazas P P P P P P P P
Private Educational Facilities - - C - - - - -
Public School Facilities P C C C C C - -
Public Safety Facilities, City P P P - - - P P
Public Safety Facilities,
Other Agency C C C - - - C C
Religious Institutions - - - C C - - -
Social, Fraternal, and
Recreational Clubs - - - C C - - -
Utility, Transportation, and Communication Use Listings Broadcasting and Recording
Studio P P - - - - - -
Bus and Transit Shelter P P P P P - P P
Park and Ride Facility C C C - - - - P
Parking Facility P P P P - - - P
Transit Facility - - - - - - - P
Utility Facilities and
Infrastructure C C C C C - C C
Wireless
Telecommunication Facility C C C C C - C C BMC Chapter 17.795 Commercial Use Listings
Adult Oriented Business - - - - - - - -
Animal Sales and Grooming - P P - - - - -
Business Support Services P P P - - - - -
Call Center P - - - - - - -
Card and Gaming Room - - - - - - - -
Check Cashing Business - - - - - - - -
Commercial Lodging –
Hotels & Conference Center P P C - - - - -
Commercial Lodging –
Hotels - Boutique - P C - - - - -
Commercial Lodging –
Short-Term Rentals - - - - - - - -
Drive-In and Drive-Thru
Facilities C C C - - - - -
Eating and Drinking
Establishments –
Bars and Nightclubs

C C C - - - - -

4-8 PA-1 SPECIFIC PLAN | LAND USE PLAN
Table 4.2: Allowed Uses
ECLI TV/MU RC MFVHDR HDR RA PF TS Additional
Regulations
Eating and Drinking
Establishments – Restaurant C P P - - - - -
Eating and Drinking
Establishments – Tasting
Room, Off-site

C C C - - - - -
Financial Institutions P P P - - - - -
Food and Beverage Stores –
Convenience Store C C C - - - - C
Food and Beverage Stores –
Grocery Store - C P - - - - -
Food and Beverage Stores –
Liquor Store - - - - - - - -
Food and Beverage Stores –
Specialty Food & Wine - P P - - - - -
Food and Beverage Stores –
Neighborhood Market - C C - - - - -
Garden Centers and
Retail/Wholesale Nurseries - - P - - - - -
Mortuaries and Funeral
Homes - - - - - - - -
Offices – Accessory P P P P P - - -
Offices – Building Trade
Contractors P - - - - - - -
Offices – Business and
Professional P P P - - - - -
Personal Services - P P - - - - -
Retail – Accessory P P P - - - - C
Retail – General C P P - - - - -
Retail – General, Large
Format - - P - - - - -
Specialized Retail –
Artisan Shop P P P - - - - -
Specialized Retail –
Building Materials Stores
and Yards
- - P - - - - -
Specialized Retail –
Equipment Sales and
Rentals
- - C - - - - -
Specialized Retail –
Furniture, Furnishings, and
Appliance Stores
- P P - - - - -
Specialized Retail –
Smoke Shop - - - - - - - -
Tattoo Parlors - C C - - - - -
Automobile-Related Use Listings
Auto and Vehicle Sales
Showroom C C -C - - - -

PA-1 SPECIFIC PLAN | LAND USE PLAN 4-9
Table 4.2: Allowed Uses
ECLI TV/MU RC MFVHDR HDR RA PF TS Additional
Regulations
Auto Parts Sales - - P - - - - -
Car Washing and Detailing - - - - - - - -
Ride Share Services C C - - - - -
Service Station, Stand Alone - - - - - - - -
Service Station, Accessory
to General - Large Format
Retailer
- - C - - - - -
Vehicle Services, Major - - - - - - - -
Vehicle Services, Minor - P - - - - -
Industrial, Manufacturing, and Processing Use Listings
Agricultural Products
Processing C - - - - - - -
Artisanal and Specialty
Manufacture, Display, and
Sales

C C C - - - - -
Breweries, Distilleries, and
Wineries P C C - - - - -
Freight Yard/Truck Terminal - - - - - - - -
Manufacturing – Major C - - - - - - -
Manufacturing – Minor P - - - - - - -
Manufacturing – Small Scale P - - - - - - -
Printing and Publishing P - - - - - - -
Recycling Facility –
Collection - - - - - - - -
Research and Development P C - - - - - -
Storage – Warehouse C - - - - - - -
Storage – Yard - - - - - - - -
Wholesale and Distribution - - - - - - - -
Accessory Uses
Accessory Facilities or
Buildings - - - P P - - - BMC Chapter 17.660
Temporary Uses
See BMC Section 17.850
Signs
See BMC Section 17.640

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4.4: LEGAL NONCONFORMING STATUS
The following requirements apply to legal nonconforming land uses, buildings, and structures.

Land Uses

1. A legal nonconforming land use is one that was permitted within the zone in which it was located at the time it was established, but became disallowed upon the adoption of the PA-1 Specific Plan.

Notwithstanding any other language in the Municipal Code to the contrary, such use may continue as long as it does so in accordance with these provisions and without any interruption lasting more than one year. It shall be the responsibility of the respective property owner to provide documentation to the satisfaction of the Community Development Director that confirms both the legal nonconforming status of a land use and the duration of any interruption in that land use. Legal nonconforming uses include development projects that were approved prior to adoption of the PA-1 Specific Plan, have not yet been constructed, have been subject to substantial investment, and retain their approval status.

2. Except as provided herein, a legal nonconforming land use shall not be changed to or replaced by any other use except a conforming one.

A legal nonconforming land use may, however, be changed to or replaced by another similar use when all of the following criteria are met:
⊲ The change or replacement does not increase the extent or intensity of the nonconformity within the site area occupied by the nonconforming use on the site.
⊲ The building or portion of a building, presently occupied by the legal nonconforming land use, is not reasonably capable of conversion to accommodate use and occupancy by a conforming use, without substantial reconstruction or remodeling as determined by the Chief Building Official.
⊲ All proper building permits are obtained.

A subsequent purchaser cannot replace a nonconforming use established or operated by a prior owner with a new nonconforming use similar in nature.

3. Any legal nonconforming use of a site that is vacant for a period of one year or longer, or is discontinued or otherwise ceases operation and use of the site for a period of one year or longer, shall not be resumed, reestablished, continued or substituted, and all subsequent use of

PA-1 SPECIFIC PLAN | LAND USE PLAN 4-11
such site shall conform to the requirements of the PA-1 Specific Plan.

A one-time six-month extension to the one-year use period may be granted by the Community Development Director if requested in writing. It shall be the responsibility of the respective property owner to provide documentation to the satisfaction of the Community Development Director that confirms the period of vacancy or discontinuance of a legal nonconforming land use.

4. A legal nonconforming land use that occupies a portion of a building may be expanded to include additional floor area within the same building provided that all proper building permits are obtained. Prior to any expansion within the same building, however, the property owner shall demonstrate to the satisfaction of the Chief Building Official that without substantial remodeling or reconstruction, the portion of the building into which expansion is proposed may not reasonably be used or occupied by a conforming use. The Chief Building Official shall consider whether any required remodeling or reconstruction would involve structural alterations prior to allowing expansion of a legal nonconforming land use. A legal nonconforming use can also be expanded in accordance with Buildings and Structures section below.

5. A legal nonconforming land use that is changed to or replaced by a conforming use shall not be reestablished.

Buildings and Structures

1. Normal and routine maintenance of any existing building or structure for the purpose of preserving its existing condition, retarding or eliminating wear and tear or physical depreciation, or complying with health and safety requirements, shall be permitted and encouraged.

2. Exterior improvements and renovations and/or structural additions to legal nonconforming buildings or structures that increase the size or scale of nonconforming conditions are not permitted, except as specified below:
⊲ One-time minor additions involving a maximum of 25% of the gross floor area or 500 total square feet, whichever is less. ⊲ Significant exterior alterations or changes in the exterior façade or architectural design consistent with the applicable Cityadopted design guidelines. ⊲ Owner-occupied residential buildings used for residential purposes shall be permitted to add accessory structures and outdoor amenities consistent with the applicable development standards for the property.

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4.5: LAND USE PLAN GOALS AND POLICIES
Goal LU-1. Promote Economic Activity That Creates High
Quality Jobs.

Policy LU-1.1. Prioritize the attraction of businesses to the Employment Center/Light Industrial, Transit Village / Mixed Use, and Regional Commercial designations that provide high quality employment opportunities.

Policy LU-1.2. Provide retail, dining, entertainment, and personal service uses to accommodate the needs of residents, employees, commuters, and visitors.

Policy LU-1.3. Encourage unique local retail, restaurant, and service businesses to locate within the Specific Plan area.

Policy LU-1.4. Support the intensification of commercial development, such as infill development on parking lots, in the Regional Commercial designation, provided that parking requirements continue to be met.

Policy LU-1.5. Allow the development and operation of a regional destination resort hotel and conference center on approximately 45 acres of land designated ECLI within PA-1.

Policy LU-1.6. New stand-alone automobile service stations (gas stations) are not permitted within the PA-1 Plan Area. Legal pre-existing service stations within the PA-1 Plan Area may seek expansions and/or modifications through the Conditional Use Permit process.

Goal LU-2. Provide for a Comprehensive Mix of TransitSupportive Land Uses.

Policy LU-2.1. Encourage land uses at intensities and densities to support future transit improvements and ridership.

Policy LU-2.2. Support multiple-level transit-oriented development in the project area by encouraging a suitably intense mixture of uses.

Policy LU-2.3. Allow for flexibility in the final location of the Transit Station Overlay. The total area within PA-1 allocated for Transit Station uses shall be approximately 13.5 acres, in the northeast and southeast corner of the intersection of the Mokelumne Trail and SR 4.

Policy LU-2.4: If a local-serving public school district determines that there is a suitable site for a new school within the PA-1 Specific Plan Area, encourage property owners to work collaboratively with the District to facilitate a land sale for the purposes of building a public school, if feasible.

PA-1 SPECIFIC PLAN | LAND USE PLAN 4-13
Policy LU-2.5: Encourage property owners within PA-1 to sell their land to a local school district for the development of a new public school site in Brentwood. If a parcel in PA-1 designated for urban uses (residential or non-residential) is ultimately developed as a public school, then the PA-1 Land Use Map may be revised to ensure no net loss of residential or jobsgenerating land use acreage.

Goal LU-3. Develop a Vibrant Mixed-Use, Transit-Oriented Environment by Encouraging Activity Along Streetscapes
and in Public Spaces.

Policy LU-3.1. Require activity-generating ground floor uses, such as retail stores, restaurants, and coffee shops, along streets and public spaces, such as plazas, in the Transit Village / Mixed Use designation, and on the ground floor of any parking garages.

Policy LU-3.2. Encourage activity-generating uses at prominent intersections, adjacent to public spaces, and within proximity to the future Transit Station in the Employment Center/Light Industrial and Regional Commercial designations.

Policy LU-3.3. Create urban public spaces, such as plazas and courtyards, in the Transit Village / Mixed Use and residential designations that are bounded by activity-generating uses, such as outdoor dining, retail, seating areas, and/or recreation.

Goal LU-4. Provide a Variety of Housing Types that Meet Residents’ Needs, Complement the Surrounding
Residential Neighborhoods, and Support the Specific Plan Area’s Transit-Oriented Development Pattern.

Policy LU-4.1. Encourage the development of housing for a range of income categories.

Policy LU-4.2. Utilize existing City programs and policies to encourage and facilitate the development of affordable housing within the Specific Plan area.

Policy LU-4.3. A total of 2,041 dwelling units in PA-1 was the upper limit of residential development analyzed in the Final EIR. Additional residential development within PA-1 beyond this level would require further environmental review.

4-14 PA-1 SPECIFIC PLAN | LAND USE PLAN
Goal LU-5. Enhance Quality of Life in the Specific Plan Area by Providing Parks, Trails, and Recreational and Cultural Activities.

Policy LU-5.1. Expand the Specific Plan area’s system of public spaces, trails, and recreational opportunities.

Policy LU-5.2. Establish a network of Recreational Amenities (RA) consisting of linear parks along streetscapes, trail corridors, and social gathering spaces to enhance the urban environment.

Policy LU-5.3. Meet the 5-acre per 1,000 residents park requirement outlined in the General Plan through a combination of the following:
a. Providing park land commensurate with park land
requirements within residential developments;
b. Administer park impact fees for developments earmarked to provide park improvements within PA-1;
c. Collaborate with residential project developers to identify and provide fair share funding for the purchase of a public park. d. Coordinate with the local school districts to ensure that any new public school site developed within PA-1 includes jointuse provisions that ensure Brentwood residents can access and utilize open space and parks resources developed in conjunction with a new school site.

Policy LU-5.4. Require new development to provide public open spaces and pedestrian connections to the Specific Plan area’s pedestrian network.

Policy LU-5.5. Encourage enhancements to the Mokelumne Trail that connect the trail across State Route 4 and reflect the character of the surrounding development (e.g. urban design through the Transit Village / Mixed Use Designation, suburban design through the residential designations, etc.)
Policy LU-5.6. Encourage development along Sand Creek to interface with and provide a continuous open space network, including passive and active recreational uses, along the waterway.

Policy LU-5.7. Encourage the development of community gardens in the Transit Village / Mixed Use and residential designations.

Policy LU-5.8. Promote youth and cultural activities within the Specific Plan area.

CHAPTER 5:

CIRCULATION PLAN
This chapter describes the Circulation Plan for the PA-1 Specific Plan Area. The Circulation Plan is designed to serve all travel modes: walking, bicycling, transit, and motor vehicle. The Plan emphasizes the creation of strong multimodal linkages to a centralized transit station site that will initially be used as a regional bus hub, and could eventually accommodate a potential light rail station in the future (e.g., BART). The Circulation Plan utilizes a combination of the City’s existing street standards and also implements new street standards in areas within PA-1. The Plan includes text and maps that describe and illustrate the multimodal circulation system for the Specific Plan area.

This chapter is organized into the following sections:

5.1. Circulation System

5.2. Street Classifications

5.3. Pedestrian and Bicycle Circulation

5.4. Transit

5.5. Automobile Circulation

5.6. Transportation and Circulation Goals and Policies

5-2 PA-1 SPECIFIC PLAN | CIRCULATION PLAN

5.1: CIRCULATION SYSTEM
The Conceptual Circulation Network Map (Figure 5.1) illustrates the new public arterial- and collector-level roadways. These roadways form the primary circulation network that will provide principal access for motorists and transit vehicles and serve as key linkages for pedestrians and bicyclists. The conceptual locations of additional streets to be constructed by private development are also shown in Figure 5.1, and are labeled as Conceptual Classifications. These streets will be constructed over time as individual parcels develop, and will ultimately create a cohesive, interconnected network that provides all transportation modes with access throughout the Specific Plan area. The circulation system is also oriented to interface effectively with the existing and planned circulation networks beyond the Specific Plan area’s boundaries. The final alignments, footprints, and exact locations of the conceptual streets are subject to change and refinement as development inside and outside of the PA-1 Plan area proceeds.

The final alignments and configurations will be determined in order to provide for operational safety, integration with the existing and planned offsite roadway network, and to follow existing parcel lines to the greatest extent practical. The circulation network’s exact locations and alignments will be determined through collaboration between developers and City staff during the development review process.

PA-1 SPECIFIC PLAN | CIRCULATION PLAN 5-3
Figure 5.1- Conceptual Circulation Network

5-4 PA-1 SPECIFIC PLAN | CIRCULATION PLAN

5.2: STREET CLASSIFICATIONS
The street network within the Specific Plan area, as illustrated on Figure 5.1, comprise the following major street typologies. In addition, the City’s Local Street typology will be used to provide site-specific access to most uses. The standards for all of these typologies appear in Chapter 7: Public Realm Development, section 7.1: Street Typology Standards. The typologies apply to all streets, public and private, constructed in the Specific Plan area.

Street sections identified in the Plan may be amended or modified, as needed, to accommodate Fire Code and related aerial apparatus.

Arterial Streets
Arterials are major streets that connect town and neighborhood centers to the greater region, often via freeway interchanges.

These streets must support pedestrians and cyclists, while car traffic, delivery trucks, emergency responders, and transit must operate with high levels of efficiency. Traffic signals along arterial streets often operate under coordinated signal timing during the busiest periods of the day in order to optimize efficiency.

The PA-1 Specific Plan is bounded by several arterial streets, including Lone Tree Way on the north, Heidorn Ranch Road on the west, and Shady Willow Lane on the east. An additional arterial street, Sand Creek Road, is approximately a quarter-mile south of the Specific Plan Area. Within the interior portion of PA-1, the only street designated as an arterial is Jeffery Way between Lone Tree Way and Empire Avenue. This portion of Jeffery Way serves not only adjacent land uses, but also functions as a connector to the SR 4 northbound freeway ramps.

Future arterial streets within the Specific Plan area will conform to the City’s adopted street standards, except for the manner in which lane lines are striped. Instead of utilizing two 12-foot vehicle lanes and an 8-foot bike lane, each direction of traffic will include two 12-foot lanes, a 5-foot bike lane, and a 3-foot striped buffer between the bike lane and vehicle lane. The “buffered bike lanes” created by this lane striping define a clearer separation between bicyclists and moving vehicles, resulting in a more comfortable riding environment for bicyclists.

Collector Streets
Collector streets are moderate capacity streets that move traffic from local streets to arterial streets. Direct vehicular access to Striped bike lane buffer

PA-1 SPECIFIC PLAN | CIRCULATION PLAN 5-5
individual parcels and uses will generally be limited, with most access to these areas occurring via private, local streets. Similar to arterial streets, collector streets serve all modes of transportation and must do so in efficient fashion.

The City’s adopted standard for collector streets will generally be applied to the Specific Plan area, save for the inclusion of striping to buffer bike lanes. This Specific Plan also includes Modified Collector streets, as shown on Figure 5.1, which deviate from the City’s adopted standard. For the Modified Collector Streets, instead of each direction of traffic including a 12-foot vehicle lane and an 8-foot bike lane, the striping will indicate a 11-foot vehicle lane, 8-foot parking lane, and a 7-footstorm water treatment strip that separates a 6-foot bike lane from the street. The crosssection for the PA-1 Modified Collector Street is shown below in Figure 5.2.

Figure 5.2- Modified Collector Street Cross Section