Agenda packet — Brentwood City Council, March 10, 2026 (part 2 of 3)

Error! Unknown document property name.846822v3A 580087/0001 without first giving the City an Option Notice so that the City has the opportunity to exercise the option granted by this Section 10.
b. Option. In the event Owner gives City an Option Notice or Owner is in default under Section 16 below, the City may purchase the Restricted Unit at a price equal to the lesser of (i) the fair market value of the Restricted Unit (as determined by agreement of the parties or in the absence of an agreement, by an appraisal acceptable to the City), or (ii) the Affordable Housing Cost, using the maximum housing cost for the Eligible Household, as adjusted for the applicable unit size as defined in Health and Safety Code Section 50052 or any successor thereto.

This option shall be exercised by the City giving the Owner notice, no later than forty-five (45) days following City's receipt of the Option Notice or Owner's Default, of the City's intent to purchase the Restricted Unit (the "Exercise Notice"). The City may designate another governmental entity, a nonprofit organization or an Eligible Household to purchase the Restricted Unit. If City or its designee does not exercise the option to purchase the Restricted Unit, then the terms of Section 12 below shall apply.

11. Escrow. If the City exercises its rights under Section 10 above, the closing of the purchase and sale of the Restricted Unit to the City or its designee shall be effectuated in accordance with the following provisions:
a. Close of Escrow. Close of escrow shall occur no later than one hundred twenty (120) days following the receipt by Owner of the Exercise Notice. If escrow is required to close on a Saturday, Sunday or Holiday, it shall close on the next business day following the Saturday, Sunday or Holiday. b. Prorations and Costs. All title insurance premiums, transfer taxes and escrow fees shall be paid according to customary practice in Contra Costa County. c. Escrow Instructions. The parties shall execute all escrow instructions which the Escrow Holder reasonably requires within fifteen (15) days after the request thereof. All escrow instructions shall be consistent with the provisions of this Agreement.
d. Proceeds of Escrow; Removal of Exceptions to Title. Owner shall convey the Restricted Unit to City free and clear of all liens other than the lien for current, unpaid, non-delinquent taxes. All amounts deposited into escrow by City shall be applied first to the payment of liens recorded against the Restricted Unit in order of lien priority, and thereafter to the Owner's share of escrow fees and closing costs. The balance of the Option purchase price remaining after payment of liens and Owner's share of escrow fees and closing costs, if any, shall be paid to Owner upon the close of escrow.

12. Owner's Right to Sell Free of Restrictions. In the event City does not exercise the purchase option provided pursuant to Section 10, or City does exercise the option but fails to close the transaction as provided in Section 11 above for any reason other than a default by Owner, Owner shall have the right, for a period of 180 days after the date

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Error! Unknown document property name.846822v3A 680087/0001 City's option expired or City failed to close, as the case may be, to sell the Restricted Unit for a market sales price to any buyer, regardless of income, without any obligation on the part of the buyer to enter into and record a new Refinance and Resale Limitation Agreement and Option to Purchase at closing. In the event of such a sale, this Agreement shall have no force or effect as an encumbrance against the Restricted Unit on and after the closing date. If Owner or the buyer requests, the City shall provide a recordable quitclaim deed at closing in accordance with Section 18 below. If Owner does not close on the sale of the Restricted Unit within the 180 day-period provided herein, the requirements of this Agreement shall again apply to any proposed sale of the Restricted Unit, including without limitation, the City option rights.

13. Distribution of Proceeds in the Event of Foreclosure, Destruction or Condemnation. In the event that the Restricted Unit is (a) sold at a trustee's sale or judicial foreclosure, (b) destroyed and the insurance proceeds are distributed to Owner instead of being used to rebuild, or (c) condemned, then the proceeds of such sale, foreclosure, distribution or condemnation (the "Proceeds") shall be distributed as follows. First, all liens and encumbrances on the Restricted Unit shall be fully paid from the Proceeds (the "Lien Payment"). Second, Owner shall be paid that amount equal to the lesser of (i) the fair market value of the Restricted Unit (as determined by agreement of the parties or in the absence of an agreement, by an appraisal acceptable to the City), or (ii) the Affordable Housing Cost, using the maximum housing cost for the Eligible Household, as adjusted for the applicable unit size as defined in Health and Safety Code Section 50052 or any successor thereto, less the Lien Payment. Third, City shall receive the balance of the Proceeds, which amount shall be deposited in the City's Housing Trust Fund. This Section 13 is not applicable in the event that the lender(s) under the Senior Deed(s) of Trust (defined in Section 25 below) take title to the Restricted Unit upon foreclosure or by a deed in lieu of foreclosure of the Senior Deed(s) of Trust.

14. Transfer Fees. Upon the transfer of the Restricted Unit during the Term, Owner may be required to pay City a transfer fee in an amount to be determined by the City.

15. Other Covenants.
a. No Discrimination. Owner covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, age, marital status, disability, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Restricted Unit, nor shall the Owner itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees or vendees in the Restricted Unit.

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Error! Unknown document property name.846822v3A 780087/0001 b. Maintenance. During the duration of this Agreement, Owner shall keep the Restricted Unit in good condition, order and repair and shall not commit waste or permit impairment, demolition or deterioration of the Restricted Unit. City shall have the right to inspect the Restricted Unit, provided notice is given to the owner prior to any such inspection.
c. Taxes and Assessments. Owner shall pay at least ten days before delinquency, all taxes and assessments on the Restricted Unit.
d. No Liens. Owner shall keep the Restricted Property free from mechanic's and other liens.
e. Payment of all Liens. Owner shall pay all liens or mortgages against the Restricted Property prior to delinquency.

16. Defaults and Remedies.
a. Default. Failure or delay by Owner to perform any term, provision or covenant of this Agreement which is not cured within thirty (30) days after receipt of notice from City constitutes a default under this Agreement ("Default"). b. Remedies. City, in the event of any breach of any terms, provisions or covenants contained herein, shall have the right to exercise all of its rights and remedies allowed by this Agreement and by law, including the right to exercise the option set forth in Section 10, and to maintain any actions at law or suits in equity or other proper proceedings to enforce the curing of such breach.

17. Notices. Notices required to be given to the City or to Owner shall be given by hand delivery, recognized overnight courier (such as UPS, DHL or FedEx) or by certified mail, return receipt requested, to the following addresses, or to such other address(es) as a party may designate from time to time by written notice to the other:

To City:

Housing Manager
City of Brentwood
150 City Park Way
Brentwood, CA 94513
To Owner:

At the address set forth in Recital A.

18. Duration. The covenants set forth herein shall be covenants running with the land and shall inure to the benefit of the City and its successors and assigns, and shall be enforceable by the City, the City of Brentwood or their successors and assigns, without regard to whether the City is or remains an owner of any land or interest to which such covenants relate, until the date that is 45 years after the date this Agreement is recorded

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Error! Unknown document property name.846822v3A 880087/0001 (the "Term"). The parties agree that for the Term of this Agreement, all future deeds or transfers of interest shall show or reference the applicable restrictions of this Agreement.

Upon expiration of the Term, City shall provide Owner with a quitclaim, release or other instrument, in recordable form, sufficient to confirm the release the Restricted Unit from the effect of this Agreement.

19. Amendment. This Agreement may be amended only in a writing signed by City and the Owner.

20. No Impairment of Lien. No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Agreement shall defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust or other financing or security instrument.

21. Successors and Assigns. The covenants contained in this Agreement shall inure to the benefit of the City and its successors and assigns and shall be binding upon Owner and any successor in interest to the Restricted Unit. Provided that Owner has complied with all terms of this Agreement, upon the transfer by Owner of all of its interest in the Restricted Unit, such Owner shall automatically be released from and have no further obligations or liabilities under this Agreement, and all references in this Agreement to Owner thereafter shall mean and refer to such successor in interest of a prior Owner as may then be the owner of the Restricted Unit. The covenants shall run in favor of the City and its successors and assigns for the entire period during which such covenants shall be in force and effect, without regard to whether the City is or remains an owner of any land or interest therein to which such covenants relate. The City, and its successors and assigns, in the event of any breach of any such covenants, shall have the right to exercise all of the rights and remedies, and to maintain any actions at law or suits in equity or other proper proceedings, to enforce the curing of such breach.

22. No Third Party Beneficiaries. Notwithstanding anything in this Agreement to the contrary, there are no third party beneficiaries of this Agreement.

23. California Law. This Agreement shall be construed in accordance with and be governed by the laws of the State of California.

24. Severability. Should any provision of this Agreement be found invalid or unenforceable by a court or other body of competent jurisdiction, said invalidity, unenforceability or ineffectiveness shall not affect the validity of the remaining provisions which shall remain in force to the maximum extent possible.

25. Subordination. The terms and provisions of this Agreement, except Section 13 herein, are subject and subordinate to the terms of the deed(s) of trust made to Principle Lender, the primary lender(s) (the "Senior Deed(s) of Trust"). The terms and provisions of Section 13 shall remain senior to the Senior Deed(s) of Trust until the earlier of (a) the date on which a lender(s) under the Senior Deed(s) of Trust take title to the Restricted Unit upon foreclosure or by a deed in lieu of foreclosure of the Senior Deed(s) of Trust, (b) the date on which the Proceeds are paid to the City as provided in Section 13, or (c) the expiration of this Agreement. Upon the earlier of subsections (a), (b) or (c) above,

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Error! Unknown document property name.846822v3A 980087/0001 all of the terms and provisions of this Agreement shall be of no further force and effect.

Therefore, any lender under a Senior Deed of Trust that takes title to the Restricted Unit upon foreclosure or by a deed in lieu of foreclosure of the Senior Deed(s) of Trust will take title free and clear of the terms and provisions of this Agreement.

IN WITNESS WHEREOF, the City and the Owner have caused this Agreement to be executed on their behalf by their respective officers thereunto duly authorized.

Date:__________________________
ATTEST:

By:
,
City Clerk
APPROVED AS TO FORM:

By:
,
City Attorney
CITY:

THE CITY OF BRENTWOOD
By:

Name:

Its: City Manager
Date: _________________________
OWNER:

By:

Name: _________________

S IGNATURES MUS T BE NOTARIZED

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Error! Unknown document property name.846822v3A 80087/0001

STATE OF CALIFORNIA )
) ss

COUNTY OF )
On , 20 , before me, ,
notary public, personally appeared ,
( ) personally known to me, or
( ) proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that executed the same in authorized capacity(ies), and that by signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

Signature
~~~~~~

STATE OF CALIFORNIA )
) ss

WITNESS my hand and official seal.

Signature

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Error! Unknown document property name.846822v3A 80087/0001

STATE OF CALIFORNIA )
) ss

WITNESS my hand and official seal.

Signature

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Attachment 1
Error! Unknown document property name.846822v3A 80087/0001 ATTACHMENT 1

1. Legal Description of Restricted Unit
[to be inserted]

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Attachment 2
Error! Unknown document property name.846822v3A 80087/0001 ATTACHMENT 2

DISCLOSURE STATEMENT

THERE ARE RESTRICTIONS ON THE SALE OF THE PROPERTY
YOU ARE BUYING. YOU MAY NOT SELL THE PROPERTY FOR
MARKET VALUE TO WHOMEVER YOU LIKE. YOU MUST SELL THE
PROPERTY TO AN "ELIGIBLE HOUSEHOLD" AT AN "AFFORDABLE
HOUSING COST." IF YOU CANNOT DO SO, YOU MUST NOTIFY THE CITY, WHO HAS AN OPTION TO PURCHASE THE PROPERTY.

THERE ARE ALSO RESTRICTIONS ON OBTAINING AND
REFINANCING LOANS IN CONNECTION WITH THE PROPERTY. YOU

MAY NOT OBTAIN OR REFINANCE ANY EXISTING LOAN THAT
CAUSES YOUR INDEBTEDNESS TO EXCEED THE "AFFORDABLE
HOUSING COST," EXCEPT AS OTHERWISE APPROVED IN WRITING BY THE CITY OF BRENTWOOD.

THESE RESTRICTIONS WILL BE IN EFFECT UNTIL
, 20 . IF YOU SELL THE PROPERTY IN VIOLATION
OF THE RESTRICTIONS, THE SALE SHALL BE VOID.

TO DETERMINE WHO IS AN ELIGIBLE HOUSEHOLD AND WHAT

AN AFFORDABLE HOUSING COST IS, YOU SHOULD CONTACT THE
CITY OF BRENTWOOD'S HOUSING MANAGER.

I HAVE READ THIS DISCLOSURE STATEMENT AND THE RESALE

AND REFINANCE LIMITATION AGREEMENT AND OPTION TO
PURCHASE AND I UNDERSTAND WHAT THEY MEAN.

Owner Owner

I HAVE REVIEWED THE ABOVE DISCLOSURE STATEMENT AND

THE RESALE AND REFINANCE LIMITATION AGREEMENT AND OPTION TO PURCHASE WITH THE OWNER.

City Housing Manager

DO NOT S IGN DO NOT S IGN

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Attachment 3
1 Error! Unknown document property name.846822v3A 80087/0001 ATTACHMENT 3

RECORDING REQUESTED BY
AND WHEN RECORDED RETURN T O:

City of Brentwood
150 City Park Way
Brentwood, California 94513
Attn: City Clerk
(Space Above This Line for Recorder's Use Only)
[Exempt from recording fee per Gov. Code § 27383]

DEED OF TRUS T AND S ECURITY AGREEMENT
APN: [to be inserted]
THIS DEED OF TRUST AND SECURITY AGREEMENT ("Deed of Trust") is made this day of , 20 , among
("Trustor"), whose address is ,
("Trustee"), whose address is , and the City of
Brentwood ("Beneficiary"), whose address is 150 City Park Way, Brentwood, California 94513.

Trustor irrevocably grants, conveys, transfers and assigns to Trustee in trust, with power of sale and right of entry and possession, all of Trustor's right, title and interest now owned or hereafter acquired in and to the real property in Contra Costa County, California, described on Exhibit A attached hereto and incorporated herein by this reference, together with all buildings, structures and improvements now existing or hereafter constructed thereon (the "Improvements") and all other property and interests of any kind or character which may be reasonably necessary or desirable to promote the present and future beneficial use and enjoyment of such real property and improvements (the "Property").

1. S ecured Obligations. Trustor makes the grant, conveyance, transfer and assignment herein for the purpose of securing Trustor's obligations under that certain Refinance and Resale Limitation Agreement between Trustor and Beneficiary dated (the "Secured Obligations").

2. Maintenance and Repair. Trustor shall (a) keep the Property in good condition and repair and not remove or demolish any building; (b) complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed; (c) pay when due all claims for labor performed and materials furnished; (d) comply with all laws affecting the Property or requiring any alterations or improvements to be made; (e) not commit or permit waste; and (f) cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of the Property may be reasonably necessary.

3. Insurance. Trustor shall maintain hazard insurance against loss by fire, hazards included with the term "extended coverage," and any other hazards for which Beneficiary requires

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Attachment 3
2 Error! Unknown document property name.846822v3A 80087/0001 insurance, and liability insurance. The insurance carrier and the insurance policies and amounts of coverage shall be acceptable to Beneficiary, the liability policy shall name Beneficiary as an additional insured, and shall require 30 days' prior notice to Beneficiary before the policy is modified or terminated.

4. Defense of S ecurity. Trustor shall appear in and defend any action or proceeding purporting to affect the security or the rights or powers of Beneficiary or Trustee. Trustor shall pay all costs and expenses, including costs of evidence of title and attorneys' fees, in any such action or proceeding in which Trustee or Beneficiary may appear, and in any suit brought by Beneficiary to foreclose this Deed of Trust.

5. Payment of Taxes and Liens. Trustor shall pay (a) at least 10 days before delinquency, all taxes and assessments affecting the Property, including water stock assessments; (b) when due, all encumbrances, charges and liens, with interest, on the Property, which are or appear to be prior or superior to this Deed of Trust; and (c) upon demand all costs, fees and expenses of this Deed of Trust. If Trustor fails to make any payment or to do any act provided for in this Deed of Trust, then Beneficiary or Trustee may, without obligation to do so, and with or without notice to or demand upon Trustor, and without releasing Trustor from any obligation under this Deed of Trust: (i) make or do the same in such manner and to such extent as either may deem necessary to protect the security, Beneficiary or Trustee being authorized to enter upon the Property for such purposes; (ii) appear in or commence any action or proceeding purporting to affect the security, or the rights or powers of Beneficiary or Trustee; (iii) pay, purchase, contest or settle any encumbrance, charge or lien which in the judgment of either appears to be senior to this Deed of Trust; and (iv) in exercising any such powers, pay allowable expenses, including attorneys' fees.

6. Reimbursement of Costs. Trustor shall pay upon demand all sums expended by Beneficiary or Trustee provided for in this Deed of Trust or allowed by law, with interest from date of expenditure at the maximum rate allowed by law.

7. No Waiver. By accepting payment of any sum after its due date, Beneficiary does not waive its right either to require prompt payment when due of all other sums or declare a default for failure to pay.

8. Reconveyance. That upon written request of Beneficiary stating that the Secured Obligations have been fulfilled, and upon surrender of this Deed of Trust, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals of such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as "the person or persons legally entitled thereto."

9. No Renting Allowed. Trustor may not rent or lease all or any portion of the Property.

10. Default and Foreclosure. Upon default by Trustor in performance of any Secured Obligation, Beneficiary may deliver to Trustee a declaration of default and demand for sale and of a notice of default and a notice of sale, which notice Trustee shall cause to be filed for record.

Beneficiary also shall deposit with Trustee this Deed of Trust and all documents evidencing the Secured Obligations and expenditures, if any, secured by this Deed of Trust. Upon default of

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Attachment 3
3 Error! Unknown document property name.846822v3A 80087/0001 any obligation secured by this Deed of Trust and acceleration of all sums due, if any, Beneficiary may instruct Trustee to proceed with a sale of the Property under the power of sale granted in this Deed of Trust, noticed and held in accordance with California Civil Code Sections 2924, et seq., as such statutes may be amended from time to time. Trustor waives all rights it may have to require marshaling of assets or to require sales of assets in any particular order, including any rights under California Civil Code Sections 2899 and 3433.

11. S ubstitution of Trustee. Beneficiary, or any successor beneficiary of the Secured Obligations or of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where the Property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this Deed of Trust is recorded and the name and address of the new Trustee.

12. S uccessors and Assigns. This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. The term "Beneficiary" shall mean the holder, including pledgees, of the covenants set forth in the Resale and Refinance Restrictions and Option to Purchase, whether or not named as Beneficiary herein.

13. Trustee Acceptance. Trustee accepts this trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other deed of trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee.

14. Further Assurances. Trustor shall, at its own cost and expense, do, execute, acknowledge, and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignments, transfers, and assurances as Trustee or Beneficiary shall from time to time require, for better assuring, conveying, assigning, transferring, and confirming unto Trustee the Property and rights hereby conveyed or assigned or intended now or hereafter so to be, or which Trustor may be or may hereafter become bound to convey or assign to Trustee, or for carrying out the intention or facilitating the performance of the terms of this Deed of Trust, or for filing, registering, or recording this Deed of Trust. Trustor shall, on demand, execute and deliver, and hereby authorizes Trustee and Beneficiary, or either of them, to execute in the name of Trustor, to the extent it may lawfully do so, one or more financing statements, chattel mortgages, or comparable security instruments, to evidence more effectively the lien hereof.

Immediately upon the execution and delivery of this Deed of Trust, and thereafter from time to time, Trustor shall cause this Deed of Trust, and any security instruments creating a lien or evidencing the lien hereof upon any personal property and each instrument of further assurance, to be filed, registered, or recorded in such manner and in such places as may be required by any present or future law in order to publish notice of and fully to protect the lien hereof upon, and the title of Trustee to, the Property encumbered hereby.

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Attachment 3
4 Error! Unknown document property name.846822v3A 80087/0001

15. Condemnation and Insurance Proceeds. Immediately upon obtaining knowledge of the institution of any proceedings for the condemnation or other taking of all or any portion of the Property, or knowledge of any casualty damage to the Property, or damage in any other manner, Trustor shall immediately notify Beneficiary thereof. Trustor hereby authorizes and empowers Beneficiary as attorney-in-fact for Trustor to make proof of loss, to adjust and compromise any claim under the insurance policies covering the Property, to appear in and prosecute any action arising from such insurance policies, to collect and receive insurance proceeds, and to deduct therefrom Beneficiary's expenses incurred in the collection of such proceeds; provided, however, that nothing contained in this Section shall require Beneficiary to incur any expense or take any action hereunder. Trustor hereby authorizes and empowers Beneficiary, at Beneficiary's option, as attorney-in-fact for Trustor, to commence, appear in and prosecute, in Beneficiary's or Trustor's name, any action or proceeding relating to any condemnation or other taking of all or any part of the Property, whether direct or indirect, and to settle or compromise any claim in connection with such condemnation or other taking. The proceeds of any award payment or claim for damages, direct or consequential, in connection with any condemnation or other taking, whether direct or indirect, of the Property, or any part thereof, or for conveyances in lieu of the Property, or any part thereof, shall be paid to Beneficiary. The foregoing powers of attorney are coupled with an interest and are irrevocable. Trustor hereby authorizes Beneficiary to apply such awards, payments, proceeds or damages relating to condemnation of the Property and insurance covering the Property, after the deduction of Beneficiary's expenses incurred in the collection of such amounts, at Beneficiary's option, subject to the requirements of applicable law and the provisions hereof, to restoration or repair of the Property or to payment of the sums secured by this Deed of Trust. Beneficiary shall be under no obligation to question the amount of any compensation, awards, proceeds, damages, claims, rights of action, and payments relating to condemnation or other taking of the Property or insured casualty affecting the Property, and may accept the same in the amount in which the same shall be paid. Trustor shall execute such further evidence of assignment of any awards, proceeds damages or claims arising in connection with such condemnation or taking or such insurance as Beneficiary may require.

16. S everability. If any one or more of the provisions contained in this Deed of Trust shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this Deed of Trust, but this Deed of Trust shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein or therein, but only to the extent of such invalidity.

17. Estoppel Certificate. Trustor shall, within ten (10) days of a written request from Beneficiary, furnish Beneficiary with a written statement, duly acknowledged, setting forth the sums secured by this Deed of Trust and any right of set-off, counterclaim or other defense which exists against such sums and the obligations of this Deed of Trust.

18. Due-On-Sale or Encumbrance. If all or any part of the Property, or any interest therein, or any beneficial interest in Trustor (if Trustor is not a natural person or persons but is a corporation, partnership, trust, limited liability company or other legal entity), is sold, transferred, mortgaged, assigned, pledged, or further encumbered, whether directly or indirectly, whether voluntarily or involuntarily or by operational law, Beneficiary may, at Beneficiary's option invoke any remedies permitted by this Deed of Trust.

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Attachment 3
5 Error! Unknown document property name.846822v3A 80087/0001

DO NOT S IGN
The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to Trustor at Trustor's address hereinbefore set forth.

TRUSTOR:

By:

Name:

By: ________________________________
Name: _____________________________

DO NOT S IGN

Page 142 of 306 ends

Exhibit A to Attachment C
Error! Unknown document property name.846822v3A 80087/0001 Exhibit A
Situated in the State of California, City of Brentwood, County of Contra Costa, and described as follows:
[insert legal description]

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Error! Unknown document property name.846822v3A 80087/0001

STATE OF CALIFORNIA )
) ss.

COUNTY OF )
On , 20 , before me, ,
notary public, personally appeared ,
( ) personally known to me
( ) proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) (is/are) subscribed to the within instrument and acknowledged to me that (he/she/they) executed the same in (his/her/their) authorized capacity(ies), and that by (his/her/their) signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal:

Signature

STATE OF CALIFORNIA )
) ss.

WITNESS my hand and official seal:

Signature

Page 144 of 306 ends

Attachment 4
Error! Unknown document property name.846822v3A 80087/0001 ATTACHMENT 4

RECORDING REQUESTED BY
AND WHEN RECORDED RETURN T O:

City of Brentwood
150 City Park Way
Brentwood, California 94513
Attn: City Clerk
(Space Above This Line for Recorder's Use Only)
[Exempt from recording fee per Gov. Code § 27383]
REQUES T FOR NOTICE UNDER S ECTION 2924B CIVIL CODE
In accordance with Section 2924b, Civil Code, request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale under the Deed of Trust recorded as Instrument No. on , , in the Official Records of Contra Costa County,
California, and describing land therein as:
executed by
, as Trustor, in which
is named as Beneficiary, and
, as Trustee, be mailed to the City of Brentwood, 150 City Park Way, Brentwood, California 94513, Attn:

By:

Name:

NOTICE: A COPY OF ANY NOTICE OF DEFAULT AND OF ANY NOTICE OF SALE WILL BE SENT ONLY TO THE ADDRESS CONTAINED IN THIS RECORDED REQUEST.

IF YOUR ADDRESS CHANGES, A NEW REQUEST MUST BE RECORDED.

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Error! Unknown document property name.846822v3A 80087/0001

STATE OF CALIFORNIA )
) ss.

WITNESS my hand and official seal:

Signature

Page 146 of 306 ends

C-1
2029\02\3613281.2
ATTACHMENT 5
Notice of Intent to Transfer
VIA CERTIFIED MAIL – RETURN RECEIPT REQUESTED
To: City of Brentwood
150 City Park Way
Brentwood, CA 94513
Attn: Housing Manager
Date:

Re: Notice of Intent to Transfer
The undersigned Owner(s), ,
hereby give(s) notice of his/her/their intent to transfer the property located at , Brentwood, California (the “Property”). Owner may be contacted at the Property or at the following address:

Owner’s daytime telephone number is ( )
The proposed transfer of the Property is to the following person(s):

Name:

Address:

Telephone: ( )
The proposed transfer is (check one):
 Sale
 Other Specify:

Owner(s) signature(s):

Refinance and Resale Limitation Agreement and Option to Purchase

RECORDING REQUESTED BY
AND WHEN RECORDED RETURN T O:

DO NOT S IGN

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C-2
2029\02\3613281.2
(Space Above This Line for Recorder's Use Only)
Household Income
"Gross income" shall mean the anticipated income of a person or family for the twelve-month period following the date of determination of income. If the circumstances are such that it is not reasonably feasible to anticipate a level of income over a twelve-month period, a shorter period may be used subject to a redetermination at the end of such a period. "Income" shall consist of the following:
(a) Except as provided in subdivision (b), all payments from all sources received by the family head (even if temporarily absent) and each additional member of the family household who is not a minor shall be included in the annual income of a family. Income shall include, but not be limited to:
(1) The gross amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses;
(2) The net income from operation of a business or profession or from rental or real or personal property (for this purpose, expenditures for business expansion or amortization of capital indebtedness shall not be deducted to determine the net income from a business); (3) Interest and dividends;
(4) The full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types of periodic receipts;
(5) Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay (but see subdivision (b)(3)). (6) Public Assistance. If the public assistance payment includes an amount specifically designated for shelter and utilities which is subject to adjustment by the public assistance agency in accordance with the actual cost of shelter and utilities, the amount of public assistance income to be included as income shall consist of:
(A) The amount of the allowance or grant exclusive of the amount specifically designated for shelter and utilities, plus
(B) The maximum amount which the public assistance agency could in fact allow for the family for shelter and utilities,

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(7) Periodic and determinable allowances such as alimony and child support payments, and regular contributions or gifts received from persons not residing in the dwelling; (8) All regular pay, special pay and allowances of a member of the Armed Forces (whether or not living in the dwelling) who is head of the family or spouse (but see subdivision (b)(5)).

Where a family has net family assets in excess of five thousand dollars ($5,000), income shall include the actual amount of income, if any, derived from all of the net family assets or 10 percent of the value of all such assets, whichever is greater. For purposes of this section, net family assets means value of equity in real property other than the household's full-time residence, savings, stocks, bonds, and other forms of capital investment. The value of necessary items such as furniture and automobiles shall be excluded. (b) The following items shall not be considered as income:
(1) Casual, sporadic or irregular gifts;
(2) Amounts which are specifically for or in reimbursement of the cost of medical expenses; (3) Lump-sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains and settlement for personal or property losses;
(4) Amounts of educational scholarships paid directly to the student or to the educational institution, and amounts paid by the government to a veteran for use in meeting the costs of tuition, fees, books and equipment. Any amounts of such scholarships, or payments to veterans not used for the above purposes of which are available for subsistence are to be included in income;
(5) The special pay to a serviceman head of a family away from home and exposed to hostile fire;
(6) Relocation payments made pursuant to federal, state, or local relocation law; (7) Foster child care payments;
(8) The value of coupon allotments for the purchase of food pursuant to the Food Stamp Act of 1964 which is in excess of the amount actually charged the eligible household; (9) Payments received pursuant to participation in the following volunteer programs under the ACTION Agency:
(A) National Volunteer Antipoverty Programs which include VISTA, Service Learning Programs and Special Volunteer Programs.

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(B) National Older American Volunteer Programs for persons aged 60 and over which include Retired Senior Volunteer Programs, Foster Grandparent Program, Older American Community Services Program, and National Volunteer Program to Assist Small Business Experience, Service Corps of Retired Executive (SCORE) and Active Corps of Executives (ACE).

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EXHIBIT E
Affordable Housing Cost
Method of Calculation
Maximum Sales Price shall be calculated at the times set forth in the Agreement using the following procedure:

For Moderate-Income Households:

1. Determine the current Area Median Income for a household in Brentwood that is one person larger than the number of bedrooms in the applicable Restricted Unit.

2. Multiply the income determined in Step 1 by 110%.

3. Multiply the income determined in Step 2 by 35% to obtain an annual housing allowance.

4. Divide the annual housing allowance by 12 to obtain a monthly housing allowance;

5. Deduct the following from the monthly housing allowance determined in Step 4: (a)

2.05% of the purchase price for the monthly costs of property taxes and insurance (including primary mortgage insurance); (b) a reasonable utility and maintenance and repaid allowance, (c) 100% of the build-out monthly homeowner's association fees. The resulting difference shall be the amount available for monthly mortgage payments.

6. Determine an interest rate for a 30-year fully amortized fixed-rate mortgage loan. The interest rate shall be established annually by the City.

7. Using a standard amortization table or formula, and based on the monthly mortgage payment determine the maximum mortgage loan amount that can be repaid over 30 years with equal payments at the interest rate established in the previous step.

8. Determine the unit's maximum sales price by adding the allowable down payment equal to 3% of the maximum mortgage loan amount calculated in step 7.

For Very Low-Income Households:

1. Determine the current Area Median Income for a household in Brentwood that is one person larger than the number of bedrooms in the applicable Restricted Unit.

2. Multiply the income determined in Step 1 by 50%.

3. Multiply the income determined in Step 2 by 30% to obtain an annual housing allowance.

4. Divide the annual housing allowance by 12 to obtain a monthly housing allowance;

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5. Deduct the following from the monthly housing allowance determined in Step 4: (a)

6. Determine an interest rate for a 30-year fully amortized fixed-rate mortgage loan. The interest rate shall be established annually by the City.

8. Determine the unit's maximum sales price by adding the allowable down payment equal to 3% of the maximum mortgage loan amount calculated in step 7.

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EXHIBIT F
Form of Release

RECORDING REQUESTED BY
AND WHEN RECORDED RETURN T O:

City of Brentwood
150 City Park Way
Brentwood, California 94513
Attn: Housing Manager
(Space Above This Line for Recorder's Use Only)
[Exempt from recording fee per Gov. Code § 27383]
APN No.

CITY OF BRENTWOOD AFFORDABLE HOUSING PROGRAM
Orchard Grove

PARTIAL RELEASE OF AFFORDABLE HOUSING AGREEMENT
[ADDRESS]
This Partial Release of Affordable Housing Agreement (the "Release") is made as of the ___ day of _______________, 20__, by and between the between the CITY OF BRENTWOOD, a municipal corporation (the "City") and Shea Homes Limited Partnership, a California limited partnership SHEA HOMES L.P., a limited partnership (the "Developer"), with reference to the following facts (the City and Developer may be referred to collectively as the "Parties"):

4.17 The City and Developer entered into that certain Affordable Housing Agreement dated _______________, 20__ (the "Housing Agreement"), and recorded in the Official Records of the County of Contra Costa (the "Official Records") on _____________, ____ as Instrument No. _____________, against that real property located in Brentwood, California (the "Orchard Grove Development Site"). The Development Site is defined as the "Property" in the Housing Agreement.

4.18 The Developer has performed its obligations as required by the Housing Agreement in connection with the Restricted Unit located on a portion of the Orchard Grove Development Site.

4.19 The property described in the attached Exhibit A shall be referred to as the "Released Property".

Commented [ES7]: Change in title

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4.20 The Parties now desire to release the encumbrance of the Housing Agreement on the Released Property. All terms not otherwise defined herein shall have the meaning set forth in the Housing Agreement.

NOW, THEREFORE, it is hereby declared and understood as follows:

The City hereby agrees to release the Released Property from the encumbrance of the Housing Agreement.
[SIGNATURE PAGE FOLLOWS]

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IN WITNESS WHEREOF, the City executes this Release as of the day first above written.

CITY:

CITY OF BRENTWOOD, a municipal corporation
By:

G. Harold Duffey, City Manager
APPROVED AS TO FORM:

By: ____________________________________
Katherine Wisinski, City Attorney
ATTEST:

By: ___________________________________
Amanda McVey, City Clerk
[CITY MANAGER SIGNATURE MUST BE ACKNOWLEDGED]

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STATE OF CALIFORNIA )
)

COUNTY OF CONTRA COSTA )
On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Name: Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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EXHIBIT A

LEGAL DES CRIPTION OF RELEAS ED PROPERTY
[PLEASE ATTACH LEGAL DESCRIPTION OF APPLICABLE PORTION OF THE PROPERTY OR UNIT TO BE RELEASED FROM THE AGREEMENT. DO NOT ATTACH DES CRIPTION OF ENTIRE DEVELOPMENT S ITE (OR PROPERTY).]

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ORDINANCE NO. 1041
AN ORDINANCE AMENDING CHAPTER 17. 725 OF THE CITY OF BRENTWOOD MUNICIPAL CODE (" AFFORDABLE HOUSING")
WHEREAS, the City of Brentwood, California ( the " City") is a general law city, duly organized under the constitution and laws of the State of California; and WHEREAS, California Government Code Section 65800, et seq. authorizes cities to adopt and administer zoning laws, ordinances, rules and regulations as a means of implementing that city' s General Plan; and
WHEREAS, on September 9, 2003, the City Council of the City of Brentwood adopted Ordinance 756, establishing the Affordable Housing Program, as recommended by the Planning Commission; and
WHEREAS, the City Council adopted Ordinance No. 790 on January 11, 2005, and amended in its entirety Chapter 17.725 of the City of Brentwood Municipal Code (the " Affordable Housing Ordinance"); and
WHEREAS, the City Council adopted Ordinance No. 842 on April 27, 2007, amending the Affordable Housing Ordinance; and
WHEREAS, the City Council adopted Ordinance No. 874 on July 28, 2009, amending the City' s Affordable Housing Ordinance; and .

WHEREAS, the City Council adopted Ordinance No. 909 on November 13, 2012, amending the City' s Affordable Housing Ordinance; and
WHEREAS, the City Council adopted Ordinance No. 1014 on April 28, 2020, further amending the City's Affordable Housing Ordinance; and
WHEREAS, on November 9, 2021, the City Council directed staff to bring forth a future agenda item to discuss options related to increasing the Affordable Housing Ordinance ( Chapter

17. 725) obligation to a maximum of 25%, and provide information on other cities' affordable housing obligation provisions, and other requested information related to affordable housing; and WHEREAS, on March 22, 2022, the City Council heard a presentation from staff on increasing the Affordable Housing Ordinance' s inclusionary obligation, possible removal of in -lieu fee payment option, use of housing funds for HOA dues for affordable homeowners, and information on the City' s Regional Housing Needs Allocation ( RHNA) and directed staff to return at a future meeting and provide additional information; and WHEREAS, on April 26, 2022, the City Council heard a presentation from staff on requested information relating to affordable housing and increasing the affordable housing obligation, and directed staff to draft potential Affordable Housing Ordinance amendments for Council consideration; and
WHEREAS, acting on such Council direction, staff has prepared an ordinance ( the Ordinance"), which is attached hereto and incorporated herein as Exhibit A; and

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WHEREAS, on June 21, 2022, the Planning Commission considered the staff report, the Ordinance, supporting documents, all public comments submitted, and all other appropriate information that was been submitted, and recommended approval of the Ordinance to the City Council.

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

SECTION 1. Brentwood Municipal Code Section 17. 870. 008 reads as follows:

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

This Ordinance is a zoning text amendment that is consistent with the 2014 City of Brentwood General Plan ( as amended from time to time), insomuch as:
a. The Ordinance will increase the supply of housing to the Brentwood community and will require that "[ a] II affordable units within a residential development shall be comparable to the market - rate units in exterior design, quality, materials, architectural elements and overall construction quality, as well as number and proportion of bedroom types," ( Brentwood Municipal Code Section 17. 725. 003. F.) per Policy H 1- 2 (" Endeavor to ensure the supply of safe, decent, and sound housing for all residents").
b. The Ordinance will assist in meeting the shelter needs of all Brentwood residents by increasing the supply of housing affordable to very -low, low, and moderate income households, per Goal H 1 (" Housing: Provide a diversity of housing opportunities to enhance the City's living environment and to satisfy the shelter needs of all Brentwood residents").
c. The Ordinance will not displace the predominance of single-family home development as Brentwood' s predominant residential product type, but will allow affordable housing developers to request other housing types, per Policy LU 2. 1 Maintain Brentwood' s predominant land use of single family residential while providing for a mix of housing types throughout the community, in accordance with the Housing Element").
d. The Ordinance includes for the possibility of the construction of affordable duets, duplexes, triplexes or fourplexes on corner lots within single-family areas, per Policy LU 2. 8 (" Provide for a variety of residential products through the Zoning Ordinance in order to accommodate the housing needs of all segments of the city' s population").

SECTION 2. The text of Chapter 17. 725 of the Brentwood Municipal Code is hereby repealed in its entirety and is replaced as set forth in Exhibit "A" attached hereto and incorporated herein.

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SECTION 3. The Ordinance shall be published in accordance with Government Code Section 36933 by either posting or publishing the Ordinance in accordance with that law. Further, the City Clerk is directed to cause the text adopted in Section 2 above to be entered in the City of Brentwood Municipal Code. This Ordinance shall take effect and be in force 30 days following its adoption.

SECTION 4. The Ordinance is exempt from review under the California Environmental Quality Act ( Public Resources Code §§ 21000, et seq., and the Guidelines for CEQA, 14 CCR 15000, et seq.) because it has no potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, per 14 CCR § 15061( b)( 3). Further, the Ordinance is also exempt because it does not apply to any particular housing project at this time and it is thus speculative to evaluate any such future project in the context of consideration of this Ordinance.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 12th day of July 2022 by the following vote:

AYES: Mendoza, Meyer, Rarey, Mayor Bryant
NOES: None
ABSENT: Rodriguez
RECUSED: None
And was adopted with the second reading waived at a regular meeting of the Brentwood City Council on the 26th day of July by the following vote:

AYES: Mendoza, Meyer, Rarey, Rodriguez, and Mayor Bryant NOES: None
ABSENT: None
RECUSE: None
ATT T:
ni4'1zx
Margaret berly, MMC
City Clerk

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Exhibit A
Brentwood Municipal Code Chapter 17. 726
This chapter shall be amended to provide as follows, with deleted text sstFwsk4f} rf4 and new text underlined:

Chapter 17. 725 AFFORDABLE HOUSING

17. 725. 001 Title and purpose of provisions.

17. 725. 002 Definitions.

17. 725. 003 General requirements.

17. 725. 004 Alternative equivalent proposal.

17. 725. 005 Implementation procedures.

17. 725. 006 Affordable unit concessions and construction incentives.

17. 725. 007 Affordable housing in lieu fee fund.

17. 725. 008 Brentwood rental housing trust fund.

17. 725. 009 First time homebuyer fund.

17. 725. 010 Enforcement.

17. 725. 011 Waiver.

17. 725. 001 Title and purpose of provisions.

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

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

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

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

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

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

17. 725. 002 Definitions.

As used in this chapter, each of the following terms shall be defined as follows:

Affordable housing agreement" means a recorded agreement between the city and a residential developer setting forth the residential developer' s compliance with the requirements of this chapter.

Affordable housing cost" means the cost defined in the California Health and Safety Code Sections 50052. 5 and 50053 ( as may be amended from time to time) for owner -occupied and tenant -occupied units, respectively, and adjusted for assumed household size. The housing manager, on or about July 1 of each calendar year shall publish the maximum affordable housing costs for sales prices and rents as calculated in accordance with the applicable provisions of the California Health and Safety Code.

Affordable unit" means an ownership or rental -housing unit, including senior housing, occupied by and available to households of very low, low and moderate incomes at an affordable housing cost, adjusted for assumed household size as defined in this chapter, with deed restrictions as defined in this chapter in favor of the city.

Assumed household size" means the assumed number of persons residing within a dwelling unit. For the purposes of this chapter, assumed household sizes for affordable units for a given number of bedrooms are as follows, or as may be amended by the California Health and Safety Code.

Assumed
Household
Size 1 2 3 4 5 6 or more
Unit Size Studio 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom Custom home development" means any residential development being subdivided by one party and sold as individual lots or parcels to separate owners for construction and development of dwelling units.

Divided in -lieu fee" means the total amount of the in -lieu fees due for the residential development at the time of first building permit issuance divided by the total number of market - rate units in the residential development. The divided in -lieu fee shall be adjusted annually in accordance with appropriate factors or indexes as adopted by the cost allocation plan.

Dwelling unit" means a dwelling designed and intended for occupancy by one household.

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First time homebuyer" means a household which has not owned its principal place of residence within the last three years.

In -lieu fee" means a fee paid to the city by an applicant in lieu of providing the required affordable units.

Low- income household" means a household whose annual income does not exceed the qualifying limits set for "lower income households" in Section 50079. 5 of the California Health and Safety Code.

Market -rate unit" is defined as a residential unit that is not an affordable unit.

Moderate - income household" means a household whose annual income does not exceed the qualifying limits set for " moderate -income households" in Section 50093 of the California Health and Safety Code and does not include a very low- or low-income household.

Ownership development" means any residential development that includes the creation of one or more additional dwelling units that may be sold individually. An ownership development also includes the conversion of a residential rental development to a residential ownership development.

Refinance and Resale Limitation Agreement and Option to Purchase" means a recorded agreement between the city and an individual homebuyer of an ownership affordable unit documenting resale controls and/ or rent restrictions.

Rental development" means any residential development that creates one or more additional dwelling units that cannot be lawfully sold individually in conformance with the Subdivision Map Act.

Resale controls and/ or rent restrictions" means legal restrictions by which affordable units shall be restricted to ensure that the unit remains affordable to very low-, low- or moderate - income households, as applicable, for a period of not less than forty-five years for ownership units and not less than fifty- five years for rental units, or longer periods if required by state housing or federal law or a financing assistance program. Resale controls for owner -occupied units shall be in the form of resale restrictions, deeds of trust, and/ or other similar documents recorded against the subject property. Rent restrictions for rental units shall be in the form of a regulatory agreement recorded against the subject property.

Residential development" means and includes, without limitation, for -sale single-family dwellings, multiple -family dwellings, groups of dwellings, condominium or townhouse developments, condominium conversions, cooperative developments, mixed use developments that include housing units, manufactured housing, mobilehomes, and residential land subdivisions intended to be sold, leased or rented to the general public.

Very low-income household" means a household whose annual income does not exceed the qualifying limits set for "very low-income households" in Sections 50093 and 50105 of the California Health and Safety Code. " Very low- income households" include " extremely lowincome households" as defined in Sections 50093 and 50106 of the California Health and Safety Code. ( Ord. 1014 § 1, 2020)

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17. 725. 003 General requirements.

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

B. Affordability Requirement. Developers of residential developments of five or more lots or dwelling units designed and intended for residential occupancy shall construct or make possible the construction of a minimum of s* thirteen percent of the total number of dwelling units within the residential development as affordable units, allocated to income levels as set forth in this chapter, or as provided in an affordable housing agreement which specifies the means of satisfying this chapter. Golmil yen^ inn on lane lard 1 2021 the required pgfgej +'ac_ni 6ernnle+ rtrprc e by Dv e{ her r7crvr—31 2020 cv cv-cmaci- inner %' vvrcn- n„ crnmon+ rrrcnrwcrc- Gede SeGtinr, vcvrrorro6558Q v v vz . r+/ v -n\ v . The foregoing requirement shall be applied prior to the application of a density bonus and no more than once to an approved residential development regardless of changes in its character or ownership, provided that the total number of dwelling units does not change.

1. Residential Developments of Five to Nine Dwelling Units. Developers of residential developments consisting of five to nine dwelling units shall n4a- -either LqLconstruct one lowincome affordable unit meeting the standards in this chapter, or (b) pay a fee equal to fifty percent of the low- income in -lieu fee as established by resolution of the city council.

Alternatively, the applicant may pay Tee equal to fifty nernen+ of the 10W ORGeme OR - lieu fee, as es+;+h1;.+ h...- 1
by resolution of the Gity G06In,. 11nr provide an "alternative equivalent" as established in this chapter, if approved by the City Council as specified in Section 17.725. 004-. However, if all or any portion of a residential development offive to nine dwelling units is later re -subdivided into ten or more parcels or dwelling units, the city' s affordable housing requirement may not be satisfied by payment of an in -lieu fee. 2.

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

Exemptions. The following are exempt from the provisions ofthis chapter: 1.

Residential development governed by a development agreement expressly precluding compliance with this chapter or an ordinance of this nature. In cases in which the development agreement does not expressly preclude compliance with this chapter, the project shall comply with this chapter; 2.

Replacement housing due to natural disaster ona one for one basis (i.e., one dwelling unit replaced for each legally existing dwelling unit); 3.

Modifications toexisting properties or structures that do not increase thenumber of dwelling units;

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

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

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

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

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

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

10. Residential developments exempted by California Government Code Section 65589. 5( o) or successor provision, provided that such residential development shall comply with any predecessor ordinance, resolution, or policy in effect on the date a preliminary application for the development containing all of the information required by Government Code Section 65941. 1 was submitted to the city.

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

Dllnr•atinn thFGHgh rleG8MbeF 31 ' 020 ( six percent affordability regWiFement\•_ rn - vcv cn-ru rv c cv orTpervcn c-a .. ........,... .

Ownership Development
1 - 0 V
LGW Inneme HA-1 icch1014j
VeFy Low Innnme I- Ini i& eh Id 4_0k

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Ownership and Rental Development
Moderate -Income Households 63%
Low -Income Households 4%
Very Low- income Households 3%
Rental 1' ey lnpmej 4
1 n\ A/_ InnnorAAe t- Ieu sehn1.d-s
0 Proiects of 10 or 11 units shall contain one low-income unit; proiects_of 12 to 19 units shall contain one low- income unit and one moderate - income unit; projects of 20 to 26 units shall contain one low-income unit one moderate -income unit, and one very low-income unit; and projects of 27 to 34 units shall contain one low- income unit two moderate -income units, and one very low- income unit. For larger projects the number of units required at each income level shall be calculated to achieve an income distribution as close as possible to that specified in the above table.

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

F. Design and Distribution of Affordable Units. All affordable units within a residential development shall be comparable to the market -rate units in exterior design, quality, materials, architectural elements and overall construction quality, as well as number and proportion of bedroom types. If approved by the planning commission in the design review approval process as specified in Section 17. 725. 006( D), the developer may request an exception to the foregoing in order to reduce the cost of the affordable units by permitting reduced front, side and backyard landscaping and smaller square footage for bedrooms. Otherwise, affordable units shall be comparable to the approved landscape plans, exterior elevations, and bedroom square footage found in the approved plans for the remainder of the residential development. In addition, all affordable units shall include the same or similar interior amenities offered for market -rate units within a residential development. Affordable units shall be dispersed throughout the residential development so as to prevent the concentration of affordable units, unless the planning commission has approved an exception to this standard to accommodate senior housing or to reduce affordable unit costs as described above, or approval of an off -site location has been granted.

1. Very Low- to Medium -Density Zoning. For residential developments with very low- to medium -density zoning designations as defined by the general plan, the affordable unit may be

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smaller in size than other models in the residential development. The minimum permissible affordable unit size is one thousand six hundred square feet on a three thousand square foot parcel. As a means to provide massing and lot proportions consistent with the residential development, a duet unit will satisfy the city' s affordable housing requirement. For example, a duet unit can be located on a corner with each duet unit being one thousand six hundred square feet on two separate three thousand square foot parcels.

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

G. Length of Affordability. All affordable ownership units shall remain affordable for a period of at least forty-five years from date of original occupancy and each subsequent ownership, and all affordable rental units, including any affordable rental units provided as an agreed -upon alternative equivalent proposal pursuant to Section 17. 725. 004, shall remain affordable for a period of at least fifty- five years from the date of the initial rental or leasing period, or longer periods as may be required by state housing law.

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

17. 725. 004 Alternative equivalent proposal.

As an alternative to constructing affordable units on site, a residential developer may propose one of the alternative equivalents set forth below to meet the requirements of Section 17. 725. 003. Such proposed alternative shall be processed in accordance with Section 17. 725. 005 of this chapter. An alternative equivalent proposal may include, but is not limited to, payment of an in -lieu fee for ownership development, dedication of vacant developable land, dedication of constructed units to the city' s rental housing program, construction of affordable units on another site, or conversion of existing market -rate units either for -sale or for -rent) within the city to affordable units through acquisition and enforcement of required affordability restrictions consistent with this chapter. All alternative equivalent proposals must be submitted in writing, demonstrate that the alternative equivalent will provide as much or more affordable housing in the city as would be achieved through the construction of required on -site affordable units required under Sections 17. 725. 003( D), be consistent with the city's housing element, and not increase residential segregation. Additionally, for ownership developments, an alternative equivalent proposal must result in an approximately equal geographic distribution of affordable units throughout the city.

A. Approval of Payment of In -Lieu Fees. In -lieu fees may be paid for -.:--(}residential developments consisting of between five and nine dwelling units; or (2) the very lG)W inGew+c The amount
of the in -lieu fee shall be adopted by resolution of the city council, and may be amended from time to time.

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

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

3. Except as may otherwise be required by law, the amount of the fee shall be as set forth in the in -lieu fee resolution in effect at the time of payment. In -lieu fees paid to the city shall be deposited into the affordable housing in -lieu fee fund in accordance with Section 17. 725. 007.

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

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

5. Developers of rental developments must construct affordable units on site or satisfy the affordable requirements through an alternative equivalent proposal other than payment of in -lieu fees.
arc equally met through use of app'! r+an" rrn. Rd alterative B. Dedication of Vacant Developable Land. An applicant may dedicate vacant developable land to the city or city -approved nonprofit housing developer in -lieu of constructing a portion of the required affordable units, if the city council finds all of the following:

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

2. The dedicated vacant land is large enough and appropriately zoned to accommodate the number of affordable units that the applicant would otherwise be required to construct by Sections 17. 725. 003( D);

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

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

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

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

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

1. Required Findings for Construction and Conversion.
a. The construction of the affordable units off site or conversion of the existing market -rate units, excluding mobile -home units and units within cooperative developments, in lieu of constructing affordable units on site is consistent with this chapter. b. The developer has submitted documentation to the satisfaction of the city manager or designee that demonstrates that the construction of the affordable units on site would be impractical or that off -site construction or conversion of market -rate units to affordable units will significantly benefit the city.
c. The residential development will be subject to the conditions of approval set forth in subsection( C)( 3) of this section. The conditions of approval for the market -rate development shall require that any off -site affordable units be governed by resale controls and/ or rent restrictions similar to those required for on -site affordable units. d. The quality and quantity of affordable units constructed off site and market -rate units converted to affordable units shall be equivalent to affordable units that would have been constructed on site to satisfy the city' s affordable housing requirement. e If conversion of existing market -rate units to affordable units is proposed, the proposed conversion is consistent with Government Code Section 65583. 1 and the City may substitute the conversion of these units for the obligation to identify adequate sites in its housing element, as provided in Government Code Section 65583. 1.

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

3. Required Conditions.
a. Affordable units constructed off site shall be constructed at the time specified in the affordable housing agreement.

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

D. Dedication of Affordable Units to the City of Brentwood. An applicant may dedicate constructed or converted on -site or off -site affordable units to the city' s rental housing program to satisfy the requirements of this chapter. Mobile homes and units within cooperative developments are excluded from dedication. Each unit dedicated to the city shall equate to the construction of two affordable units that would otherwise be required pursuant to Section 17. 725.003( D). °, Y WRits dedicated f^ the „ it rental housing pregFam shall he from the Rfental stream income from these affordable rental units shall be deposited into a Brentwood rental housing trust fund administered by the city' s finance director in accordance with Section 17. 725. 008.

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

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

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

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

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

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

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

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E. Other Means of Fulfilling Affordable Housing Requirements. Subject to city manager or designee approval, any developer may fulfill its affordable housing requirement through additional alternative equivalent methods not specifically mentioned in this chapter, including through the provision of rental affordable units by developers of ownership development projects ( in accordance with Government Code Section 65589. 8), provided that the city council determines such alternative results in the same number of affordable units that would have been provided with on -site construction of affordable units and that the affordable units otherwise meet all requirements of subsections F through G of Section 17. 725. 003. ( Ord. 1014 1, 2020)

17. 725. 006 Implementation procedures.

A. Satisfaction of Affordable Housing Requirement. Each proposal for satisfying the city' s affordable housing requirement, together with a proposed affordable housing agreement per subsection B of this section, shall be reviewed by the city manager or designee, considered for recommendation by the city council committee having jurisdiction, and forwarded to the city council for approval on its consent calendar agenda. The requirements of this chapter shall be satisfied by all ownership and rental developments subject to this chapter, unless the applicant receives a waiver under Section 17. 725. 011.

B. Agreements. Prior to the approval of a final map for any residential development, or issuance of a building permit for a unit within a residential development; to which this chapter applies, whichever comes first, the city and the residential developer shall enter into an affordable housing agreement in a form approved by the city attorney. For those residential developments for which affordable units will be constructed or converted on or off site, the affordable housing agreement shall include appropriate resale controls and/ or rent restrictions.

For ownership affordable units, the city and the individual homebuyer shall be required to enter into a recorded refinance and resale limitation agreement in a form approved by the city attorney. The city manager or designee is authorized to execute affordable housing agreements, resale controls and/ or rent restrictions and any other documents necessary to effectuate the implementation of this chapter, provided such agreements and documents are consistent with the requirements of this chapter.

C. Annual Monitoring and Transfer Fees. Agreements involving rental units provided off site or by conversion of market -rate units as specified in Section 17. 725. 004( C) shall require the owner of the affordable rental units to submit an annual monitoring report to the housing division, in a format approved by the city manager. For each affordable rental unit provided hereunder, the current owner may be required to pay an annual monitoring fee for the term of required affordability in the amount set forth in the affordable housing agreement. For each owner -occupied affordable unit provided under this chapter, the current owner may be required to pay a transfer fee for any change of ownership as adopted from time to time by the city council during the term of required affordability in the amount set forth in the refinance and resale limitation agreement.

D. Resale Prices for Affordable Ownership Units. The maximum resale price for an affordable ownership unit and terms of resale to an eligible household shall be set by the community development director pursuant to the affordable housing cost as defined in Section 17. 725. 002( A) and as set forth in a refinance and resale limitation agreement.

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

F. Selection Criteria for Rental or Ownership Units. No household at the time of move -in shall be permitted to rent, purchase or occupy an affordable unit that is required under this chapter unless its qualifications are consistent with this chapter and the housing manager has approved the household' s eligibility. Eligible potential occupants of ownership affordable units must be first-time homebuyers and will be qualified on the basis of household income as defined in this chapter, including all sources of income and assets, the relationship between household size and the size of the available units, and any further criteria required by law and/ or established by the city council. The affordable housing developer shall use an equitable selection method established in conformance with the terms of this chapter and in compliance with state and federal law. Selection of qualified households shall be based on the affordable housing priorities established below:

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

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

The community development director shall establish and maintain eligibility selection contact lists for qualified households based on the two housing priority groups mentioned in subsection F of this section. Proof of qualification for a priority group shall be provided by a household before placement on one of the selection contact lists. The lists shall be updated as needed.

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

17. 725. 006 Affordable unit concessions and construction incentives.

For any residential development meeting the requirements specified in Section 17. 725. 003 of this chapter, the city may offer incentives or financial assistance to encourage compliance with this chapter to the extent resources for this purpose are available and approved for such use by the city. In order to provide flexibility in the application of these concessions and incentives, and to ensure that they fit the variety of circumstances and different development projects regularly processed by the city, such incentives may include, but shall not be limited to, any of the following items, applied alone or in any combination upon the city council' s finding that a developer has proven that the incentive is necessary to the financial feasibility of the residential development.

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

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

C. Density Bonus. Concurrently with consideration of an application for a residential growth management program allocation, the city may award a density bonus for developments that comply with the very low-, low- or moderate -income affordability provisions of this chapter by constructing units on site, paying the appropriate in lieu fee, providing an acceptable alternative equivalent proposal, or a combination of the above, in accordance with this chapter.

In the event that a development is also eligible for a density bonus pursuant to Government Code Section 65915, the density bonus authorized pursuant to this chapter shall be included in any density bonus obtained pursuant to state law and shall not increase the amount of the density bonus above that afforded by state law. An application for a density bonus must be received concurrently with an application for residential growth management program allotments. The density bonus provided shall initially be set at nine percent above the midpoint of the density range established in the general plan and zoning code. Fractional density bonus units shall be rounded in the manner set forth in Section 17. 725. 003( B)( 2) of this chapter. The density bonus amount shall be periodically reviewed by the city engineer, the community development director, and the housing manager, who will recommend that adjustments, as appropriate, be adopted by resolution of the city council. Density bonus units authorized under this chapter shall be excluded from the affordability requirements specified in Section 17. 725. 003 of this chapter.

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

Reduced lot sizes;

2. Reduced setback requirements;

3. Reduced open space requirements;

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

5. Reduced landscaping requirements;

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6. Reduced parking requirements;

7. Height restriction waivers.

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

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

F. Direct Financial Assistance. The city council may authorize provision of direct financial assistance in the form of a loan or grant from collected affordable housing trust funds as described in Section 17. 725. 007 of this code for developments which include dwellings units affordable to very low-, low-, or moderate -income households that exceed minimum affordable unit counts required under Section 17. 725. 003 of this code.

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

17. 726. 007 Affordable housing in lieu fee fund.

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

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

17. 726. 008 Brentwood rental housing trust fund.

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

B. Use. The finance director shall administer all monies in this fund including any interest earnings. All funds other than those specified in subsection C of this section shall be utilized to purchase, construct or repair single- family or multifamily rental unit inside the city limits. Onehalf of the rental income may be utilized from time to time at the city council' s discretion to

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further the provision of affordable housing in the city of Brentwood so long as sufficient funds remain to pay for the maintenance and operation of existing affordable housing in the city' s rental housing program.

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

17. 725. 009 First time homebuyer fund.

A. Creation. Contributions to the city's first time homebuyer program in accordance with Section 17. 725. 004( D) shall be deposited into the first time homebuyer fund, which is part of the housing enterprise.

B. Use. The finance director shall administer all monies in this fund, including any interest earnings. All monies in the fund, other than those specified in Section 17. 725. 009( C) shall be loaned to first time homebuyers that qualify as a moderate -income, low-income or very lowincome household, in accordance with terms and provisions of the approved first time homebuyer program approved by the city council.

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

17. 725. 010 Enforcement.

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

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

C. Violation Abatement. The city of Brentwood city attorney or the Contra Costa County district attorney, as appropriate, shall be authorized to abate violations of this chapter and to enforce the provisions of this chapter and all implementing regulatory agreements and affordability controls placed on affordable units by civil action, injunctive relief, and any other

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proceeding or method permitted by law. Remedies provided for in this chapter shall not preclude the city from any other remedy or relief to which it otherwise would be entitled under law or equity. ( Ord. 1014 § 1, 2020)

17. 726. 011 Waiver.

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

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

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

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

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RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING AND AUTHORIZING THE CITY

MANAGER TO SIGN AN AFFORDABLE HOUSING AGREEMENT

BETWEEN THE CITY OF BRENTWOOD AND SHEA HOMES FOR
ORCHARD GROVE NORTH (SUBDIVISION 9649) AND SUCH

OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE

TRANSACTION
WHEREAS, on July 26, 2022, the City Council adopted Ordinance No. 1041, an Ordinance of the City Council of the City of Brentwood further amending Brentwood Municipal Code Chapter 17.725, which establishes an Affordable Housing Program; and
WHEREAS, the application for the Orchard Grove (Subdivision 9649) project was deemed complete on August 18, 2023, and is therefore subject to the affordable housing ordinance in effect at the time (Ordinance No. 1041); and WHEREAS, under Ordinance No. 1041, the City’s affordable housing program required developers of residential developments of ten (10) or more lots build affordable units in order to fulfill an affordable housing obligation of 13% of the total number of dwelling units as affordable units; and
WHEREAS, a Condition of Approval for Subdivision 9649 requires Shea Homes (the “Developer”) to comply with the City of Brentwood Affordable Housing Program; and
WHEREAS, to satisfy the Ordinance No. 1041 and to qualify as a Density Bonus project, the Developer will provide four (4) duet units, of which two (2) duet units will be sold to households that qualify under the very low income guidelines, and two (2) duet units will be sold to households that qualify under the moderate income guidelines; and
WHEREAS, pursuant to Ordinance No. 1041 and consistent with State law, a Very Low Income unit qualified as a Low Income unit, therefore, two (2) Very Low Income units and two (2) Moderate Income units will satisfy the City’s affordable housing requirement for this project; and
WHEREAS, on February 23, 2026, the Land Use and Development Committee (LUDC) reviewed the affordable housing obligation for Subdivision 9649 and requested that staff research the possibility of changing one (1) Moderate income unit to a Low Income unit, and the legal feasibility of this concept, and take the findings to the City Council for review and approval of the affordable housing agreement; and

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WHEREAS, the City Council has elected for the Developer to satisfy their affordable housing obligation by building the four (4) affordable duet units (2 Moderate Income and 2 Very Low Income), and selling the units to income qualifying families.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve and authorize the City Manager to execute:
1) An Affordable Housing Agreement with Shea Homes, in a form substantially similar to that attached hereto, subject to minor revisions approved by the City Attorney,
2) The exhibits attached to the affordable housing agreement, subject to minor revisions approved by the City Attorney, and
3) Such other documents as may be required to ensure the transfer of the affordable units in accordance with the terms of the Affordable Housing Agreement and subsequent compliance therewith.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 10th day of March 2026 by the following vote:

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CITY COUNCIL AGENDA ITEM NO. F.4
03/10/2026
SUBJECT: Authorize the City Manager or designee to submit a $13,394 local match to the Metropolitan Transportation Commission for the Pavement –Technical Assistance Program Round 27.

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

TITLE/RECOMMENDATION
Adopt a Resolution authorizing the City Manager or designee to submit a $13,394 local match to the Metropolitan Transportation Commission for the Pavement – Technical Assistance Program (P-TAP) Round 27 upon approval of the City’s application.

FISCAL IMPACT
If this action is approved and upon award of P-TAP Round 27, the City will be required to submit $13,394 to MTC as a 20% local match and will receive technical services with a total value of $66,970.

The local match will be funded by the CIP Project No. 336-31705, Pavement Management Program 2026 (“Project”), which has sufficient budget for the local match. The Project is funded by the General Fund and the Road Maintenance Rehabilitation Account Fund. This expenditure will be made from the portion of the Project funded by the General Fund.

BACKGROUND
The Metropolitan Transportation Commission (“MTC”) is the regional transportation planning, financing, and coordinating agency for the nine-county San Francisco Bay Area. Its primary functions are to plan, fund, and help deliver an integrated transportation system for the region. MTC developed, owns, and maintains the StreetSaver® pavement asset management system platform that Bay Area counties and cities, including the City of Brentwood, utilize for their individual pavement management systems.

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CITY COUNCIL AGENDA ITEM NO. F.4
03/10/2026
StreetSaver® allows jurisdictions to track pavement conditions, establish optimal repair programs, identify the impact of existing budgets on pavement conditions, and effectively allocate limited funds. MTC requires local agencies to update their StreetSaver® pavement management program on a regular basis, including performing pavement distress surveys on Arterial Streets and Collector Streets at least every two years and on Residential Streets at least every five years. MTC requires completion of the pavement distress survey as a performance measure to maintain local agency eligibility for certain federal pavement rehabilitation funds, which are allocated to regions based on a standardized calculation.

MTC’s P-TAP is a regional program that uses grant funds to help Bay Area jurisdictions stretch their budgets by implementing, updating and maintaining pavement management databases, such as Streetsaver®, that can provide accurate pavement condition data and cost-effective maintenance strategy recommendations. The Streetsaver® program ensures consistent evaluation of street conditions across the region.

In order to meet the P-TAP Round 27 application deadline, in January 2026, the City submitted its P-TAP Round 27 application for a total estimated project cost of $66,970. Upon notification of award by MTC, the City must submit the required 20% local match of $13,394 to MTC. The applications recommended for funding will be considered at one of the upcoming MTC Administration Committee Meetings.

Upon award, MTC will enter into an agreement directly with a certified consultant to perform the StreetSaver® pavement management program update for the City. The consultant will provide a work scope and schedule for review and approval by the City, and ultimately the final report prior to completing the project.

Historically, the City has applied for and received P-TAP assistance, most recently in Round 23.

CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 1: Public Works, Goal 1 Transportation: Proactively engage and collaborate with regional transportation agencies and stakeholders to facilitate the safe and efficient movement of people and goods.

PREVIOUS ACTION
No Previous Action by the City Council.

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CITY COUNCIL AGENDA ITEM NO. F.4
03/10/2026

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)
The City Council could choose not to approve the submission of the local match to the P-TAP Round 27, direct staff to withdraw the application, and provide more direction to staff regarding funding the update to the StreetSaver®.

ATTACHMENT(S)

1. Resolution

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RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD AUTHORIZING THE CITY MANAGER OR DESIGNEE
TO SUBMIT A $13,394 LOCAL MATCH TO THE METROPOLITAN
TRANSPORTATION COMMISSION FOR THE PAVEMENTTECHNICAL ASSISTANCE PROGRAM ROUND 27 UPON APPROVAL OF THE CITY’S ROUND 27 APPLICATION
WHEREAS, the Metropolitan Transportation Commission (MTC) is the regional transportation planning, financing, and coordinating agency for the nine-county San Francisco Bay Area and its primary functions are to plan, fund, and help deliver an integrated transportation system for the region; and
WHEREAS, MTC developed, owns, and maintains the StreetSaver® pavement asset management system platform that local Bay Area counties and cities, including the City of Brentwood, utilize for their individual pavement management systems; and
WHEREAS, StreetSaver® allows jurisdictions to track pavement conditions, establish optimal repair programs, identify the impact of existing budgets on pavement conditions, and allocate limited funds cost-effectively; and WHEREAS, MTC requires local agencies to update their StreetSaver® pavement management program on a regular basis, including performing pavement distress surveys on Arterial Streets and Collector Streets at least every two years and on Residential Streets at least every five years; and
WHEREAS, MTC requires completion of the pavement distress survey as a performance measure to maintain local agency eligibility for certain federal pavement rehabilitation funds, which are allocated to regions based on a standardized calculation; and
WHEREAS, through its Pavement – Technical Assistance Program (P-TAP), MTC assists, on an annual basis, Bay Area jurisdictions secure consultant assistance to perform the pavement distress surveys and update StreetSaver®; and WHEREAS, the City recently submitted an application for P-TAP Round 27 for $66,970 of technical services and must submit the required 20% local match of $13,394, upon notification of award by MTC, and applications will be recommended for funding at one of the upcoming MTC Administration Committee Meetings; and WHEREAS, upon award, MTC will enter into an agreement directly with a certified consultant to perform the StreetSaver® pavement management program update for the City; and

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WHEREAS, the consultant will provide a work scope and schedule for review and approval by the City, and ultimately the final report prior to completing the project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby authorize the City Manager or designee to submit a $13,394 local match to the Metropolitan Transportation Commission for the Pavement – Technical Assistance Program Round 27 upon approval of the City’s Round 27 application.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 10th day of March 2026 by the following vote:

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CITY COUNCIL AGENDA ITEM NO. F.5
03/10/2026
SUBJECT: Second reading of a zoning text amendment (RZ25-004) to Brentwood Municipal Code Section 17.715 (Accessory Dwelling Units and Junior Accessory Dwelling Units) in compliance with recent changes to state legislation
DEPARTMENT: Community Development
STAFF: Alexis Morris, Director of Community Development Erik Nolthenius, Planning Manager
Sarah Yuwiler, Associate Planner

TITLE/RECOMMENDATION
Waive the second reading and adopt Ordinance No. 1092 approving a zoning text amendment (RZ 25-004) to amend Section 17.715 of the Brentwood Municipal Code for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), in compliance with recent changes to state legislation.

Adoption of the ordinance, which would modify the City’s regulatory requirements to be consistent with Article 2 and 3 of Chapter 13, Division 1, Title 7 of the California Government Code is statutorily exempt from the California Environmental Quality Act (CEQA) under Public Resources Code Section 21080.17. Additionally, the ordinance is exempt from CEQA pursuant to Public Resources Code Section 21065, and CEQA Guidelines Sections 15060(c)(2), 15378, and 15061(b)(3) as it can be seen with certainty that there is no possibility that it may have a significant effect on the environment in that the ordinance merely incorporates and implements state statutory provisions governing ADUs and JADUs that are already permitted by state law regardless of the adoption of the local ordinance.

FISCAL IMPACT
There is no fiscal impact associated with adoption of this ordinance, other than the staff time spent preparing it, along with the cost of assistance from outside legal counsel.

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BACKGROUND
Section 17.715 of the Brentwood Municipal Code (BMC) regulates the development of ADUs and JADUs in conformance with state legislation. California Government Code Section 66310, et seq., restricts the scope of regulations and the approval process that local jurisdictions may impose on ADUs and JADUs. The State ADU statute is frequently amended by the legislature, with the most recent applicable amendments including the following: SB 543 (2025), AB 1154 (2025), and AB 462 (2025). Staff identified the changes that need to be incorporated into the BMC, and they are included in the draft ordinance.

The Planning Commission held a public hearing on January 20, 2026, to consider the draft ordinance. The Commission adopted a resolution recommending that the City Council approve the proposed Zoning Text Amendment to Section 17.715 of the Brentwood Municipal Code by a 4-0 vote (Commissioner Roberts was absent), with no modifications to the draft ordinance.

The City Council held a public hearing on February 24, 2026, to consider the proposed amendments to Section 17.715. At the conclusion of the hearing, the City Council was in support and unanimously voted to adopt Ordinance No. 1092, approving RZ25-004.

CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.

PREVIOUS ACTION
Previous Action by the City Council and Planning Commission are included in Attachment 1.

DATE OF NOTICE
The City published a notice of public hearing in the Brentwood Press on February 13, 2026.

ENVIRONMENTAL DETERMINATION
Adoption of the ordinance, which would modify the City’s regulatory requirements to be consistent with Article 2 and 3 of Chapter 13, Division 1, Title 7 of the California Government Code is statutorily exempt from the California Environmental Quality Act

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(CEQA) under Public Resources Code Section 21080.17. Additionally, the ordinance is exempt from CEQA pursuant to Public Resources Code Section 21065, and CEQA Guidelines Sections 15060(c)(2), 15378, and 15061(b)(3) as it can be seen with certainty that there is no possibility that it may have a significant effect on the environment in that the ordinance merely incorporates and implements state statutory provisions governing ADUs and JADUs that are already permitted by state law regardless of the adoption of the local ordinance information.

ALTERNATIVE OPTION
Alternative option to staff’s recommendation:

1. Do not adopt the ordinance. State law is, however, in effect regardless of the City’s adoption of the ordinance and thus the City would be required to permit ADUs and JADUs that meet the standards provided by state law. Without an updated ordinance, the City cannot apply local standards (e.g., height requirements and underlying zoning requirements that do not conflict with the statute) to ADUs that are not "state exempt." (Note: local standards are generally not applicable to state exempt ADUs).

ATTACHMENT(S)

1. Previous Action

2. Ordinance 1092 with Exhibit A

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

On October 7, 2003, the Planning Commission adopted Resolution No. 03-77, recommending the City Council approve a rezone (RZ 03-13) to amend the Secondary Dwelling Unit ordinance to establish criteria in compliance with recently enacted State legislation.

On January 13, 2004, the City Council adopted Ordinance No. 769, to amend the Secondary Dwelling Unit ordinance to establish criteria in compliance with recently enacted State legislation.

On May 2, 2017, the Planning Commission adopted Resolution No.17-024, recommending that the City Council approve a rezone (RZ 17-03) to amend the Accessory Dwelling Unit ordinance to establish criteria in compliance with recently enacted State legislation.

On June 13, 2017, the City Council adopted Ordinance No. 991, to amend the Accessory Dwelling Unit ordinance to establish criteria in compliance with recently enacted State legislation.

On December 1, 2020, the Planning Commission adopted Resolution No. 20-044, recommending that the City Council approve a rezone (RZ 20-006) to amend sections 17.030.030, 17.100.005, and 17.620.007 of the Brentwood Municipal Code, updating the development regulations pertaining to accessory dwelling units, consistent with recent changes in State law.

On January 26, 2021, the City Council adopted Ordinance No. 1021, approving RZ 20-006.

On December 6, 2022, the Planning Commission adopted Resolution No. 22-029, recommending that the City Council adopt an Ordinance approving a Zoning Text Amendment (RZ 22-001), which would repeal and replace Section 17.100.005 of the Brentwood Municipal Code with a new Section 17.100.005 governing Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs).

On January 24, 2023, the City Council adopted Ordinance No. 1052, approving RZ 22-001.

On December 3, 2024, the Planning Commission held a public hearing to consider a Zoning Text Amendment (RZ 24-009) to amend various sections of the Brentwood Municipal Code in regards to Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU), repealing Section 17.100.005 (Accessory Dwelling Units),

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adding Chapter 17.715 (Accessory Dwelling Units and Junior Accessory Dwelling Units), amending Article VIII (Planning Development Zoning Regulations) in compliance with State legislation. The Planning Commission unanimously adopted a motion that declined to make a recommendation to the City Council.

On January 28, 2025, the City Council adopted Ordinance No. 1083, approving RZ 24-009.

On January 20, 2026, the Planning Commission adopted a resolution recommending that the City Council approve the proposed Zoning Text Amendment to Section

17.715 of the Brentwood Municipal Code.

On February 24, 2026, the City Council waived the first reading and adopted Ordinance 1092, approving the Zoning Text Amendment (RZ25-004) to Section

17.715 of the Brentwood Municipal Code.

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ORDINANCE NO. 1092

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING A ZONING TEXT AMENDMENT (RZ 25-
004) TO AMEND SECTION 17.715 OF THE BRENTWOOD

MUNICIPAL CODE (ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS) IN COMPLIANCE WITH

CHANGES TO STATE LEGISLATION AND TO IMPLEMENT
CHAPTER 13 DIVISION 1 TITLE 7 OF THE GOVERNMENT CODE
AND SECTION 65852.21 OF THE GOVERNMENT CODE
WHEREAS, the California Legislature requires cities to permit accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”) in compliance with Article 2, Chapter 13, Division 1, Title 7 of the California Government Code; and WHEREAS, the California Legislature authorizes cities to adopt and administer an ordinance to regulate ADUs and JADUs in compliance with Chapter 13, Division 1, Title 7 of the California Government Code; and
WHEREAS, the California Legislature has recently approved, and the Governor has signed into law, various bills amending sections of Article 2, Chapter 13, Division 1, Title 7 of the California Government Code to reduce barriers, streamline approval processes, and increase development and availability of ADUs and JADUs; and WHEREAS, the City of Brentwood, California (the “City”) is committed to updating the Brentwood Municipal Code (BMC) so that it is consistent with State law; and
WHEREAS, on February 13, 2024, the City Council adopted the 2023-2031 Housing Element, which includes the objective to amend the ADU ordinance to comply with State law and the adoption of the proposed ordinance complies with this objective; and
WHEREAS, staff has prepared a proposed ordinance modifying the Brentwood Municipal Code, section 17.715 (Accessory Dwelling Units and Junior Accessory Dwelling Units) for this purpose; and
WHEREAS, the proposed ordinance amendment is part of a larger goal relating to broad quality of life issues in the city, including such things as the opportunities to provide affordable housing to meet General Plan housing objectives and to protect property values and the integrity of neighborhoods; and WHEREAS, the ordinance would amend Title 17 (Zoning) of the BMC, and the Planning Commission is charged with reviewing amendments to said title prior to their consideration by the City Council; and

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2 WHEREAS, the Planning Commission held a duly and properly noticed public hearing on January 20, 2026, to consider the draft ordinance. The Planning Commission expressed significant concerns about the required modification and in particular, how it would continue to decrease local control. Ultimately, the Planning Commission unanimously (4-0, with one absence) adopted a motion making a recommendation that the City Council adopt the ordinance; and WHEREAS, the City published a notice of public hearing in the Brentwood Press on February 13, 2026, in accordance with City policies and Government Code Section 65090; and
WHEREAS, on February 24, 2026, the City Council held a public hearing on this ordinance to consider the proposed amendments, introduced the ordinance and waived the first reading of it; and
WHEREAS, this amendment is exempt from the California Environmental Quality Act ("CEQA") because it is for the purpose of conforming to Article 2, Chapter 13, Division 1, Title 7, and Article 3 Chapter 13 Division 1 Title 7 of the California Government Code, which is statutorily exempt from CEQA under Public Resources Code Section 21080.17. In addition, the ordinance is exempt from CEQA pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15378, and 15061(b)(3), as it can be seen with certainty that there is no possibility that it may have a significant effect on the environment in that the ordinance merely incorporates and implements state statutory provisions governing ADUs and JADUs that are already permitted by state law regardless of the adoption of the local ordinance.

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

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

SECTION 2. CEQA. This amendment is exempt from the California Environmental Quality Act ("CEQA") because it is for the purpose of conforming to Article 2, Chapter 13, Division 1, Title 7 and Article 3, Chapter 13, Division 1, Title 7 of the California Government Code, which is statutorily exempt from CEQA under Public Resources Code Section 21080.17. In addition, the ordinance is exempt from CEQA pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15378, and 15061(b)(3), as it can be seen with certainty that there is no possibility that it may have a significant effect on the environment in that the ordinance merely incorporates and implements state statutory provisions governing ADUs and JADUs that are already permitted by state law regardless of the adoption of the local ordinance.

SECTION 3. ZONING TEXT AMENDMENT. Brentwood Municipal Code Section 17.870.008 provides:

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3 “No rezoning of property or text amendment shall occur which is inconsistent with the city’s community development plan. In making a decision, the planning commission and council shall consider the consistency of the proposed action to the community development plan and other applicable city plans, and shall consider whether the proposed action is inappropriate or otherwise contrary to the public interest.”
The City Council finds that the proposed amendment to the Zoning Ordinance is consistent with the General Plan, which is the City’s community development plan, and will comply with State requirements. In particular, the proposed amendment implements General Plan Land Use Policy LU 2-8 (‘Provide for a variety of residential products through the Zoning Ordinance in order to accommodate the housing needs of all segments of the city’s population’) in that it will allow for the development of housing accessible to all segments of Brentwood’s population. The amendment also implements Action H.1b:

Accessory Dwelling Units from the General Plan’s Housing Element, which requires (among other things) an ordinance addressing accessory dwelling units that is compliant with State law by January 2026.

Moreover, the amendment will not impede the City’s ability to meet its General Plan goals, and the amendment is necessary to carry out the purposes of the Brentwood Municipal Code, including the orderly planned use of land resources.

Finally, the amendment is neither inappropriate nor otherwise contrary to the public interest, as it serves the vital public interest in facilitating housing development and implements State requirements governing this matter.

SECTION 4. Amendment. Title 17, Section 17.715 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of the Brentwood Municipal Code is hereby amended as shown in Exhibit A to this ordinance (attached hereto and incorporated herein), in compliance with State planning law. Revisions to existing and added sections are reflected in strikethrough for deletions and underline for additions.

SECTION 5. Effective Date; Publication Date. This Ordinance takes effect and shall be in force 30 days following its adoption. The City Clerk shall either: (a) have this ordinance published in a newspaper of general circulation within 15 days after its adoption, or (b) have a summary of this ordinance published twice in a newspaper of general circulation, within 15 days after its adoption.

SECTION 6. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable, or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable.

SECTION 7. Submittal to HCD. The City Clerk shall submit a copy of this Ordinance to the Department of Housing and Community Development within 60 days after adoption.

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4 THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 24th day of February 2026, by the following vote:

AYES: Maloney, Pierson, Mendoza, Oerlemans, Mayor Meyer NOES: None
ABSENT: None
RECUSE: None
THIS ORDINANCE was adopted with the second reading waived at a regular meeting of the City Council of the City of Brentwood on the 10th day of March 2026 by the following vote:

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City of Brentwood, CA
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ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING
UNITS
§ 17.715.010. Purpose.

A. Purpose. The purpose of this section is to allow, encourage, and regulate the development of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 66310 et seq.; to increase the opportunities to provide affordable housing meeting the city's very low, low, and moderate income housing objectives; and to protect property values and the integrity of neighborhoods by adopting design and development standards for units to ensure that they are compatible.

B. ADUs that satisfy the requirements of this Chapter 17.715 are allowed on a legal lot that is zoned RE, R-1-E, R-1, R-2. R-3, COR, CR, PEC, or a PD zone that allows single-family or multifamily dwelling residential use.

C. One JADU that satisfies the requirements of this Chapter 17.715 is allowed on a legal lot that is zoned RE, R-1-E, R-1, or a PD zone that is a single-family residential zone.
(Ord. 1083, 2/25/2025)
§ 17.715.020. Effect of conforming.

An ADU or JADU that conforms to the standards in this chapter will not be:

A. Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located;
B. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located;
C. Considered in the application of any local ordinance, policy, or program to limit residential growth;
D. Required to correct a nonconforming zoning condition, as defined in Section

17.715.030 below.
(Ord. 1083, 2/25/2025)
§ 17.715.030. Definitions.

As used in this section, terms are defined as follows:
"Accessory dwelling unit" or "ADU" means an attached residential dwelling unit, a detached residential dwelling unit, or a conversion of space to a residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a parcel with a proposed or existing primary dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:

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1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and

2. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.
"Attached" means a building shares a common wall, in whole or in part, with a singlefamily dwelling or multifamily dwelling. "Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
"Conversion" means converting space within a proposed or existing single-family dwelling, an existing multifamily dwelling, an existing accessory building that was legally constructed, or in the same location and to the same dimensions as an existing accessory building that was legally constructed in accordance with any applicable building permits for use as an accessory dwelling unit. Where an accessory building is converted to an accessory dwelling unit on a parcel containing a single-family dwelling, conversion includes an increase of up to an additional one hundred fifty square feet to accommodate ingress and egress.
"Detached" means a building not structurally part of and not sharing a common wall or any other attachment other than utilities with a single-family dwelling or multifamily dwelling.
"Efficiency kitchen" means a kitchen that includes all of the following:

1. A cooking facility with appliances.

2. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
"Efficiency unit" has the same meaning as defined in Section 17958.1 of the California Health and Safety Code.
"Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:

1. It is no more than five hundred square feet of interior livable space in size.

2. It is contained entirely within an existing or proposed single-family dwelling. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family dwelling.

3. It includes an exterior entrance separate from the exterior entrance for the singlefamily dwelling.

4. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family dwelling.

5. If the unit does not include its own separate bathroom, then it contains an interior

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entrance to the main living area of the existing or proposed single-family dwelling in addition to an exterior entrance that is separate from the main entrance to the single-family dwelling.

6. It includes an efficiency kitchen, as defined above. "Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
"Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory building. "Nonconforming zoning condition" means a "nonconforming facility" as defined in Section 17.610.003 and refers to a physical improvement on a property that conformed with zoning when constructed but does not conform with current zoning standards. "Primary dwelling" means the proposed or existing single-family dwelling or multifamily dwelling on the lot.
"Proposed dwelling" means a dwelling that is the subject of a building permit application and that meets the requirements for permitting.
"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. "Setback" as used in this section means the distance between the exterior wall of the ADU, which includes any and all appurtenant features, to the property line. "State exempt ADU" means an ADU that meets the requirements provided in Section

17.715.050(B) below.
"Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (Ord. 1083, 2/25/2025)
§ 17.715.040. Approval process.

An ADU or JADU application must be considered ministerially, without discretionary review or a hearing. The following approvals apply to ADUs and JADUs under this section:

A. Ministerial Approval. An ADU or JADU application must be considered through the building permit process without discretionary review or a hearing.

B. Process and timing.

1. The city must determine if an ADU or JADU application is complete within 15 business days of receipt. If the permit application is incomplete, the written notice to the applicant must include a comprehensive list of incomplete items and a description of how the permit application can be made complete. The applicant may address the items that are deemed to be incomplete by the city and resubmit the application; the resubmitted application will be subject to a new 15 business day review period. Upon review of the resubmitted application, the city will not require the application to include an item that was not included in the initial application if it was not included in the

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comprehensive list of incomplete items. If the city does not make a timely determination, the application or resubmitted application will be deemed complete.

2. The city must approve or deny an ADU application for a detached ADU using preapproved ADU plans consistent with Government Code Section 65852.27(b) within thirty days from the date that the city receives the completed application.

3. The city must approve or deny an application to create an ADU or JADU within sixty days from the date that the city receives a completed application. If the city has not approved or denied the completed application within sixty days, the application is deemed approved unless either:
a. The applicant requests a delay, in which case the sixty-day time period is tolled for the period of the requested delay; or
b. The application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot. The city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new singlefamily or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

4. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the sixty-day time period.

5. If the permit application is determined to be incomplete or is denied, the applicant may appeal the city’s decision to the planning commission by filing a written appeal with the community development director on a form provided by the city.
a. The applicant shall pay a processing fee as established by the city at the time the applicant submits the written appeal.
b. A written appeal must be submitted within ten days of the decision regarding the completeness or denial of the application. c. At an appeal hearing, the planning commission will consider the application, plans, exhibits, and related project materials that were the subject of the original decision.
d. At the hearing, the planning commission shall review the record of the decision and hear testimony of the applicant.
e. The city will make a final written determination on the applicant’s appeal within 60 business days of receiving the applicant’s written appeal. f. The appeal process provided in this subsection (B)(5) shall apply notwithstanding any other appeal processes or requirements found in

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other portions of the Municipal Code. The decision issued by the planning commission pursuant to this subsection (B)(5) becomes final on the date of the adopted written decision.
(Ord. 1083, 2/25/2025)
§ 17.715.050. General requirements.

A. Number of ADUs and JADUs Per Lot.

1. Only one ADU shall be permitted on a lot with proposed or existing singlefamily or multifamily dwellings unless all existing and proposed ADUs on the lot are state exempt ADUs. The maximum number of state exempt ADUs permitted on a lot is as set forth in subsection B below.

2. Only one JADU may be permitted on a lot and shall only be permitted on a lot with no more than one existing or proposed single-family dwelling.

B. Any ADU that meets satisfies the requirements of one of the following subsections (B)(1) through (4) is a "state exempt ADU." ADUs that satisfy (B)(1) and (B)(2) may be permitted on the same lot. ADUs that satisfy (B)(3) and (B)(4) may be permitted on the same lot. State exempt ADUs shall be ministerially permitted on a lot and are not required to meet the additional development and design standards in the underlying zoning district or in subsection (C), (F), or (M) below, unless otherwise specified:

1. One conversion ADU that:
a. Is either within the space of a proposed single-family dwelling, within the existing space of an existing single-family dwelling, or within the existing space of an accessory structure, plus up to one hundred fifty additional square feet of the accessory structure if the expansion is limited to accommodating ingress and egress;
b. Has exterior access that is independent of that for the single-family dwelling; and
c. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

2. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling if the detached ADU satisfies each of the following limitations:
a. The side- and rear-yard setbacks are at least four feet, and the ADU is set back from the primary dwelling at least four feet.
b. Maximum size: The interior livable space total floor area is eight hundred square feet or smaller.
c. Maximum height: The peak height above grade does not exceed the applicable height limit in subsection E, below.

3. One or more ADUs within portions of existing multifamily dwellings that are

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not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. At least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to twenty-five percent of the existing multifamily dwelling units.

4. Detached ADUs up to the number in subsection (B)(4)(a) or (B)(4)(b) below if the peak height of each ADU above grade does not exceed the applicable height limit in subsection (E) and the side- and rear-yard setbacks are each at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
a. On a lot that has a proposed multifamily dwelling, two detached ADUs. b. On a lot that has an existing multifamily dwelling, the lesser of eight ADUs or the number of existing units in the multifamily dwelling.

C. Development Standards. An ADU shall comply with the requirements of this section, the underlying zoning district, and other provisions of the Brentwood Municipal Code except:

1. If the requirements of the underlying zoning district or other provisions of the Brentwood Municipal Code are inconsistent with the provisions of this Chapter

17.715, the standards of this chapter shall apply.

2. If limits on lot coverage, front yard setback, floor area ratio, open space, and size preclude the development of an eight hundred square foot a detached or attached accessory dwelling unit with up to eight hundred square feet of interior livable space and with four-foot side and rear yard setbacks, and if the proposed accessory dwelling unit complies with all other applicable development standards, the applicable standard must be waived by the city.

3. If the ADU or JADU is existing, constructed without permits, and is seeking a permit pursuant to subsection (G)(2) below.

4. The city may not require as a condition of approval of an ADU or JADU the correction of nonconforming zoning conditions.

D. Access. An ADU shall have a separate exterior entrance and exit from the primary dwelling unit.

E. Height.

1. Except as otherwise provided by subsections (E)(2) and (E)(3) below, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed sixteen feet in height.

2. A detached ADU may be up to eighteen feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and in such locations, the ADU may be up to two additional feet in height (for a maximum of twenty feet) if necessary to

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accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

3. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed eighteen feet in height.

4. An ADU that is attached to the primary dwelling may not exceed twenty-five feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection may not exceed two stories.

5. For purposes of this subsection E, height is measured above existing legal grade to the peak of the structure.

F. Design and Size.

1. Except for state exempt ADUs, the exterior of the ADU shall be designed so that its roof slope, siding materials, and colors are the same as the primary dwelling. Outdoor lights shall be shielded and directed downward.

2. For detached or attached ADUs, maximum interior livable space square footage is eight hundred fifty square feet for a studio/one bedroom unit and one thousand square feet for an ADU with two or more bedrooms. The detached or attached ADU must have a minimum of four foot side and rear setbacks. Notwithstanding the foregoing, an attached ADU that is created on a lot with an existing primary dwelling is further limited to fifty percent of the floor area of the existing primary dwelling. If limits based on fifty percent of the floor area preclude the development of an eight hundred square foot attached accessory dwelling unit with up to eight hundred square feet of livable space and with four-foot side and rear yard setbacks, and if the proposed accessory dwelling unit complies with all other applicable development standards, the limit based on fifty percent of the floor area applicable standard must be waived by the city.

G. Building and Fire Code.

1. The ADU and JADU must comply with all applicable building and fire code requirements (BMC Title 15).

2. An existing ADU or JADU, constructed without permits prior to January 1, 2020, may be legalized unless the Chief Building Official or designee makes findings that correcting a building standard violation is necessary to comply with the standards provided in Health and Safety Code Section 17920.3.

3. No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or a city code enforcement officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for

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nonresidential use and was subsequently converted for residential use in accordance with this section.

4. Prior to January 1, 2030, when the chief building official provides a notice to correct a violation of any building standard, the chief building official shall include in that notice a statement that the owner of the ADU has a right to request a delay must provide a notice if the ADU that was built prior to January 1, 2020, or built when the city had a noncompliant ADU ordinance. If the ADU was built when the city had a noncompliant ADU ordinance, this chapter must be compliant with state law at the time the request for delay in enforcement is made.
a. The owner of the ADU may submit a written request to the chief building official requesting that correction of any violation of building standards be delayed for five years.
b. The chief building official will grant the application if the chief building official determines that enforcement of the building standard is not necessary to protect health and safety.
c. For purposes of this subsection (G)(4), "building standards" refers to those standards enforced by local agencies under the authority of Section 17960 of the California Health and Safety Code.

H. Building Separation. Except for state exempt ADUs, a new detached ADU shall be no closer than four feet from any other building on the lot.

I. Deed Restriction.

1. Prior to issuance of a building permit for a JADU, the property owner shall record with the county recorder a deed restriction setting forth the following:
a. The single-family and the accompanying ADU(s) or JADU(s) are on a single parcel, and the units cannot be sold separately except as provided in Government Code Section 66340 et seq.
b. The JADU is restricted to the approved size and other attributes allowed by this chapter.

2. For JADUs only, prior to issuance of a building permit, the deed restriction shall require that either the single-family dwelling or the JADU is the bona fide principal dwelling of the legal owner or owners of the parcel, unless the owner is a governmental agency, land trust, or housing organization.

J. Fees.

1. Impact Fees. Development impact fees for an ADU are as outlined in the city's adopted development fee program, as amended from time to time by city council resolution. Impact fees do not include any connection fee or capacity fee charge for water or sewer service.
a. Impact fees are not required for an ADU that is less than seven hundred fifty square feet of interior livable space in total area or a JADU. b. Impact fees required for ADUs seven hundred fifty square feet of interior livable space and greater shall be charged proportionately in relation to

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the square footage of the primary dwelling unit.
c. An accessory dwelling unit or junior accessory dwelling unit that contains less than 500 square feet of interior livable space will not be subject to the school district’s impact fees levied under California Education Code Section 17620.

2. Utility Fees.
a. Conversion ADUs described in 17.715.050(B)(1) or JADUs on parcels zoned for single-family use are not required to have a new or separate utility connection directly between the ADU or JADU and the utility.

ADUs or JADUs are not considered new residential uses for the purposes of calculating any connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit ADU or JADU is constructed with a new single-family dwelling. b. Other ADUs may not have water and wastewater utility connections as an extension from the primary dwelling unit, except for: (a) ADUs existing water and wastewater connections; and (b) Contra Costa Health Services approved septic systems. Utility services may be extended from the private utility lateral, between the public utility main and the primary dwelling unit or may be a separate connection to the public utility main.

Applicants must follow the application procedures and pay all applicable charges, including any applicable security deposit, application fee, service connection charge, meter charge, service line charge, existing facilities charge, and any other charges as set forth in the city's cost allocation plan, except that any connection fee and capacity charge must be proportional to the size in square feet of the accessory dwelling unit or its drainage fixture unit (DFU) value.
c. A JADU is not considered a separate or new dwelling unit for the purposes of providing service for water or sewer. No water or sewer requirements may be applied to single-family dwellings containing a JADU unless they apply uniformly to all single-family dwellings in the zone regardless of whether or not they contain a junior accessory dwelling unit.

K. Fire Sprinklers.

1. Fire sprinklers shall be required in ADUs and JADUs only where they are also required for the primary dwelling unit.

2. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

L. Owner Occupancy. JADUs with shared sanitation facilities with the existing structure, are subject to an owner occupancy requirement. The legal owner or owners shall reside in either the remaining portion of the single-family dwelling or the JADU. The owner occupancy restriction shall not be required if the owner is another governmental agency, land trust, or housing organization.

M. Parking.

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1. ADUs. Required parking shall not exceed one parking space per ADU. The parking space may be covered, uncovered, off-site, or as tandem parking on a driveway. The parking space must be in compliance with the city's parking ordinance (Section

17.620.007(A)). The parking space is in addition to the parking requirements for the single-family or multifamily dwelling unit, except as provided in subsection (M)(2)(b) below.

2. Exceptions. Parking standards shall not be imposed for an ADU that meets one or more of the following criteria:
a. The ADU is located within one-half mile walking distance of public transit.
b. The ADU is located within an architecturally and historically significant historic district.
c. The ADU is part of the proposed or existing primary dwelling, or an existing accessory building conversion.
d. When on-street parking permits are required but not offered to the occupant of the ADU.
e. When there is an established car share vehicle located within one block of the ADU.
f. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (M)(2)(a) through (e) above.

3. JADUs. Parking shall not be required for a JADU.

4. Converted or Destroyed Parking Structure.
a. When a parking structure, uncovered parking, or covered parking is converted or destroyed in the construction of an ADU, the lost parking is not required to be replaced. However, replacement parking is required if parking in an attached garage is converted into a JADU.
b. If the applicant applies for a demolition permit to demolish a detached garage and a building permit to construct a detached ADU, the demolition permit and building permit for the ADU shall be issued at the same time.

N. Rental Term. No ADU or JADU may be rented for a term of less than thirty days.

This prohibition applies regardless of when the ADU or JADU was created.

O. No Separate Conveyance. An ADU or JADU may be rented in accordance with subsection N above, but except as otherwise provided in Government Code Sections 66340 through 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

P. Utilities. All new utilities for detached ADUs shall be installed underground.

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Q. Solar Panels. Solar panels are required when mandated under the California Energy Code.
(Ord. 1083, 2/25/2025)

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CITY COUNCIL AGENDA ITEM NO. F.6
03/10/2026
SUBJECT: Tourism Strategy Update and Coordination with Regional Destination Marketing Efforts
DEPARTMENT: City Manager’s Office
STAFF: G. Harold Duffey, City Manager

TITLE/RECOMMENDATION
Receive a report from staff regarding tourism strategies designed to promote Brentwood as a regional and international visitor destination and provide direction to staff as appropriate.

FISCAL IMPACT
There is no fiscal impact associated with this informational report.

BACKGROUND
On January 13, 2026, the City Council requested that staff return with an update regarding strategies to promote tourism in Brentwood and to explore opportunities to align Brentwood with regional and international events that bring visitors to Northern California.

The Council expressed interest in positioning Brentwood as a destination community for visitors attending major world-class events occurring in the Bay Area, such as the Super Bowl and the FIFA World Cup. These events attract international travelers who frequently extend their stays in the region and seek additional experiences before or after the primary event. Brentwood’s agricultural heritage, outdoor amenities, and family-oriented tourism offerings present an opportunity to attract visitors seeking day trips and regional experiences.

Brentwood already benefits from strong seasonal tourism through its U-Pick agricultural program, which attracts more than 600,000 visitors annually to the region. These visitors come to experience Brentwood’s agricultural heritage, local farms, wineries, and rural charm. Building upon this existing tourism base provides an opportunity to expand Brentwood’s visibility to national and international travelers.

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CITY COUNCIL AGENDA ITEM NO. F.6
03/10/2026
Regional Coordination and Partnerships
Council Member Maloney initiated outreach to the Bay Area Host Committee, the organization coordinating regional planning efforts for major global events such as the Super Bowl and FIFA World Cup. The Host Committee works closely with Destination Marketing Organizations (DMOs) to align smaller cities and regional destinations with opportunities created by large-scale international sporting events.

Council Member Maloney will continue working with staff to coordinate future meetings with the Bay Area Host Committee to explore how Brentwood may participate in regional tourism promotional efforts and connect local tourism offerings with the broader event marketing platform.

Mayor Susannah Meyer, who represents Brentwood on the Delta Six coalition, also raised tourism collaboration during the group’s February meeting. The Delta Six includes representatives from two Contra Costa County Board of Supervisors districts and the cities of Antioch, Brentwood, Pittsburg, and Oakley. During the meeting, Mayor Meyer discussed the concept of developing a regional marketing effort within the Delta communities, potentially establishing a cooperative tourism promotion structure similar to a Destination Marketing Organization. Participating cities expressed interest in continuing discussions regarding this opportunity.

Local Tourism Partnerships
Council Member Maloney also met with local agricultural and wine industry representatives, including members of the Harvest Time organization and regional wine growers, to discuss the opportunity to expand Brentwood’s tourism presence through regional and international marketing channels.

Local businesses expressed strong interest in participating in tourism initiatives that would allow Brentwood’s agricultural and hospitality experiences to be promoted to visitors already traveling to the Bay Area for large-scale events. These partnerships could allow Brentwood’s existing tourism experiences, such as farm visits, wineries, local restaurants, and community events, to be integrated into broader regional tourism promotional efforts.

Emerging Technology Opportunities
In addition to traditional tourism marketing strategies, staff is exploring the potential for an Artificial Intelligence (AI) powered concierge or visitor guide that could assist visitors in discovering Brentwood’s amenities and attractions.

This concept would involve integrating an AI chatbot concierge on the City’s website capable of assisting visitors who are planning trips to the region or who are already visiting Brentwood. The platform could help visitors locate accommodations, restaurants, and attractions while also promoting local tourism experiences.

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CITY COUNCIL AGENDA ITEM NO. F.6
03/10/2026
The technology could also provide enhanced support for seasonal tourism such as the U-Pick program by helping visitors identify farms offering specific produce, navigate farm locations, and plan efficient travel routes through the region.

Additionally, the AI platform could assist visitors attending regional sporting events and tournaments hosted in Brentwood, including activities at Sunset Park Sports Complex and the upcoming Sand Creek Sports Complex, by helping visitors navigate the city and discover nearby dining, entertainment, and lodging options.

Staff is currently evaluating potential pilot AI concierge service programs that could serve both local tourism promotion and international visitor engagement.

CITY COUNCIL STRATEGIC INITIATIVE
This action aligns with the Council Focus Area of Economic Development.

PREVIOUS ACTION
Not Applicable

DATE OF NOTICE
Not Applicable

ENVIRONMENTAL DETERMINATION
Not Applicable

ALTERNATIVE OPTION(S)
Not Applicable

ATTACHMENT(S)
None

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CITY COUNCIL AGENDA ITEM NO. G.1
03/10/2026
SUBJECT: A Reimbursement Agreement with Harvest Time in Brentwood; and a Reimbursement Agreement with Contra Costa County Wine Growers Association
DEPARTMENT: City Manager’s Office
STAFF: Harold Duffey, City Manager
Ricardo Noguera, Economic Development Manager

TITLE/RECOMMENDATION
Adopt a resolution approving and authorizing the City Manager or his designee to execute a reimbursement agreement in the amount of $25,000 with Harvest Time in Brentwood to fund marketing and advertising costs; and adopt a resolution approving and authorizing the City Manager or his designee to execute a reimbursement agreement in the amount of $27,000 with Contra Costa County Wine Growers to fund marketing and advertising costs to be expended from the Agriculture Land Fund.

FISCAL IMPACT
If the reimbursement agreements are approved, total funding of $52,000 would be expended from the Agriculture Land Fund for marketing and advertising costs, as follows:
 Harvest Time in Brentwood: $25,000
 Contra Costa County Wine Growers Association: $27,000 There is sufficient Operating Budget in the Agriculture Land Fund’s existing Agriculture Business Program Strategic Initiative Budget of approximately $165,000 for the cost of these reimbursement agreements.

The Agriculture Land and Agriculture Administration Funds accumulate agriculture mitigation fees used to fund conservation easements, fee title purchases by the City, as well as the agricultural preservation and enterprise programs that are consistent with the land use designations and policies included in the City’s general plan and Municipal Code.

On June 27, 2023, the City Council gave direction to set aside $2,240,000 of the balance available in the Agriculture Land Fund for the Agricultural Innovation Center.

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CITY COUNCIL AGENDA ITEM NO. G.1
03/10/2026
The table below summarizes the projected cash balance of the Agriculture Land and Agriculture Administration Fund as of June 30, 2026.

BACKGROUND
The City has established an Agriculture Land Fund, which is supported through collection of mitigation fees from development. These funds are reserved to support agricultural preservation and promotion activities in and around the Brentwood area.

The fund was established through Ordinance No. 877 (2010).

Funding Requests
On February 11, 2026, representatives from both Harvest Time in Brentwood (“HTIB”) and Contra Costa County Wine Growers Association (“CCCWGA”) presented before the Agricultural Enterprise Committee (“Committee”). Both non-profit agencies requested funding from the Committee. However, the funding requests were not noticed as “action items” on the Committee agenda and therefore the Committee only received informational presentations and was not able to take a vote on the funding requests. Due to time constraints with marketing in full swing for the 50th Year Anniversary Celebration and U-Pick events, staff is requesting the City Council act on these requests rather than return to the Committee.

The requests are as follows:

In addition, in a future City Council agenda item, the HTIB annual trail map will be proposed to be funded through the Economic Development Grant Program as a Priority Project at a cost of $10,000.

Agricultural
Land Fund
Agricultural
Administration
Fund Total
Projected Cash Balance - June 30, 2026 $ 4,004,618 $ 820,822 $ 4,825,440 City Council Set Aside for the Ag Innovation Center 2,240,000 - 2,240,000 Projected Cash Balance - June 30, 2026 after Set Aside $ 1,764,618 $ 820,822 $ 2,585,440 Harvest Time in Brentwood
Miscellaneous Advertising and Events
Fifty (50) Short Videos - Social Media $ 20,000
Coloring Pages 3,000
Website Update and Meta Ads 2,000
Total Harvest Time in Brentwood $ 25,000

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CITY COUNCIL AGENDA ITEM NO. G.1
03/10/2026
Based on review of the two proposals attached and presentations before the Committee on February 11, 2026, staff recommends Council provide funding these two requests.

HTIB’s funding request of $25,000 serves to promote the U-Pick events where an estimated 600,000 visitors travel to Brentwood for the season. HTIB will promote the events on social media and distribute magazines, maps, and bags promoting the Brentwood market. These will showcase the entire city, from Downtown to the Streets of Brentwood, Lone Tree Plaza, and so forth.

The CCCWGA is requesting $27,000. This request similarly serves to promote the Brentwood area as a “wine growing and tasting market”, which will serve to attract tourists to the area, similar to the Tri-Valley wine tasting market between Pleasanton and Livermore.

In conclusion, staff recommends approving the two reimbursement agreements for these funding requests from the Agriculture Land Fund totaling $52,000. These requests fulfill the intent of the Agriculture Enterprise Program and use of the Agriculture Land Fund: preservation and expansion of the Brentwood farming community.

CITY COUNCIL STRATEGIC INITIATIVE
Enhance the City’s marketing and economic development programs through promoting the attraction of tourists through the U-Pick season, which will help draw customers to the City’s various businesses. This in turn results in reducing retail leakage, promoting local businesses and key investments and attracting more businesses to locate in Brentwood.

Contra Costa County Winegrowers Association
Marketing and Advertising Consultant
($1,000/mo. for 12 months) $ 12,000
Media Promotions - ads and photography
($1,000/mo. for 12 months) 12,000
Printed Maps and Hard Copies 3,000
Total Contra Costa County Wine Growers Association $ 27,000

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CITY COUNCIL AGENDA ITEM NO. G.1
03/10/2026

PREVIOUS ACTION
See Attachment 1.

DATE OF NOTICE
Not applicable.

ENVIRONMENTAL DETERMINATION
Not applicable.

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

1. Do not approve staff’s recommendation.

2. Modify staff’s recommendation.

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

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Harvest Time in Brentwood Reimbursement Agreement

4. Contra Costa County Winegrowers Association Reimbursement Agreement

5. Harvest Time 50th Anniversary Report presented to Agricultural Enterprise Committee on February 11, 2026

6. Contra Costa County Winegrowers Association presented to Agricultural Enterprise Committee on February 11, 2026

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

On August 28, 2001, by Resolution No. 2354, the City Council adopted Ordinance 683 and codified into the Brentwood Municipal Code, Chapter 17.730, establishing the Agricultural Enterprise Program (AEP) and the Agricultural Conservation Fee with the intent to protect and enhance agriculture around Brentwood through three key elements including the Farmland Mitigation Program and Fee, Transferable Agricultural Credit (TAC) Program, and Agricultural Enterprise Program.

On March 13, 2007, the City Council, by Resolution No. 2007-50, approved a Purchase and Sale Agreement with Mery Lynn Nail and Lorraine Visher for the purchase of a 7-acre real property located at 3900 Sellers Avenue APN 015-010-065 (“Nail Property”).

On September 23, 2008, the City Council approved the recommendation from the Park and Recreation Commission for conceptual design for the Agricultural Park and History Center; (CIP) 352-52401.

On July 24, 2012, the City Council considered a request by the Green Living Coalition to develop and operate a community garden at the Nail Property. This recommendation included approval of funding from the Capital Improvement Project in an amount not to exceed $25,000 for City staff to research existing infrastructure on the parcel.

On February 25, 2020, the City Council adopted Resolution No. 2020-22, approving the City Manager or his designee to sign a reimbursement agreement with Harvest Time in Brentwood to fund 1) Harvest Time in Brentwood’s 2020 Marketing and Media Program and 2) Harvest Time in Brentwood’s eCommerce site highlighting Brentwood Grown produce and products, per recommendations by the Agricultural Enterprise Committee through the Brentwood Agricultural Business Program.

On April 13, 2021, the City Council requested a status update on the Nail Property and considered direction to staff to explore opportunities for partnerships related to the use of the property.

On April 27, 2021, the City Council directed staff to spend time and resources to prepare informational reports on the Nail Property.

On September 14, 2021, the City Council accepted an informational update on the Nail Property.

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Page 2 of 2 ends

On January 11, 2022, the City Council, approved Resolution No. 2022-05, approving and authorizing the City Manager or his designee to sign a reimbursement agreement with Harvest Time in Brentwood to fund the U-Pick Capital marketing and documentary campaign in the amount of $66,000 through the agricultural business program.

On June 27, 2023, the City Council, by Resolution No. 2023-86, directed staff to draft a Memoranda of Understanding between the City of Brentwood and Harvest Time for the use of Agricultural Mitigation Fees for a three year staffing and marketing program and the planning and development of the Agricultural Innovation Center to be located at 3900 Sellers Avenue.

On February 13, 2024, the City Council, adopted Resolution No. 2024-15, approving a Memorandum of Understanding between the City of Brentwood and Harvest Time for the use of Agricultural Mitigation Fees for a three-year staffing and marketing program.

On June 25, 2024, the City Council adopted Resolution No. 2024-73 1) amending the 2023/24 Operating Budget; 2) adopting the 2024/25 – 2025/26 Operating Budget.

On February 11, 2026, both Harvest Time and Contra Costa Winegrowers Association presented before the City’s Agriculture Enterprise Committee (AEC) and requested $40,000 and $27,000 respectively, to support marketing efforts for the upcoming UPick activities and ongoing promotion of wine growing and tasting in Brentwood.

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING AND AUTHORIZING THE CITY

MANAGER OR HIS DESIGNEE TO EXECUTE A REIMBURSEMENT

AGREEMENT WITH HARVEST TIME IN BRENTWOOD IN THE
AMOUNT OF $25,000; AND APPROVING AND AUTHORIZING THE

CITY MANAGER OR HIS DESIGNEE TO EXECUTE A

REIMBURSEMENT AGREEMENT WITH CONTRA COSTA
WINEGROWERS ASSOCIATION IN THE AMOUNT OF $27,000 TO

FUND MARKETING AND ADVERTISING COSTS TO BE EXPENDED

FROM THE AGRICULTURAL LAND FUND
WHEREAS, on August 28, 2001, by Resolution 2354, the City Council adopted Ordinance 683 and codified into the Brentwood Municipal Code, Chapter 17.730, establishing the Agricultural Enterprise Program (AEP) and the Agricultural Conservation Fee with the intent to protect and enhance agriculture around Brentwood through three key elements including the Farmland Mitigation Program and Fee, Transferable Agricultural Credit (TAC) Program, and Agricultural Enterprise Program; and
WHEREAS, on March 13, 2007, the City Council, by Resolution 2007-50, approved a Purchase and Sale Agreement with Mery Lynn Nail and Lorraine Visher for the purchase of a 7-acre real property located at 3900 Sellers Avenue APN 015- 010-065 (“Nail Property”); and
WHEREAS, on September 23, 2008, the City Council approved the recommendation from the Park and Recreation Commission for conceptual design for the Agricultural Park and History Center; (CIP) 352-52401; and WHEREAS, on July 24, 2012, the City Council considered a request by the Green Living Coalition to develop and operate a community garden at the Nail Property. This recommendation included approval of funding from the Capital Improvement Project in an amount not to exceed $25,000 for City staff to research existing infrastructure on the parcel; and
WHEREAS, on February 25, 2020, the City Council adopted Resolution 2020- 22, approving the City Manager or his designee to sign a reimbursement agreement with Harvest Time in Brentwood to fund 1) Harvest Time in Brentwood’s 2020 Marketing and Media Program and 2) Harvest Time in Brentwood’s eCommerce site highlighting Brentwood Grown produce and products, per recommendations by the Agricultural Enterprise Committee through the Brentwood Agricultural Business Program; and

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WHEREAS, on April 13, 2021, the City Council requested a status update on the Nail Property and considered direction to staff to explore opportunities for partnerships related to the use of the property; and
WHEREAS, on April 27, 2021, the City Council directed staff to spend time and resources to prepare informational reports on the Nail Property; and WHEREAS, on September 14, 2021, the City Council accepted an informational update on the Nail Property; and
WHEREAS, on January 11, 2022, the City Council, approved Resolution 2022- 05, approving and authorizing the City Manager or his designee to sign a reimbursement agreement with Harvest Time in Brentwood to fund the U-Pick Capital marketing and documentary campaign in the amount of $66,000 through the agricultural business program; and
WHEREAS, on June 27, 2023, by Resolution 2023-86, the City Council directed staff to draft memoranda of understanding between the City of Brentwood and Harvest Time for the use of agricultural mitigation fees for a three-year staffing and marketing program and the planning and development of the Agricultural Innovation Center to be located at 3900 Sellers Avenue; and WHEREAS, on February 13, 2024, the City Council, adopted Resolution 2024- 15, approving a Memorandum of Understanding between the City of Brentwood and Harvest Time for the use of Agricultural Mitigation Fees for a three-year staffing and marketing program; and
WHEREAS, on June 25, 2024, the City Council adopted Resolution 2024-73 1) amending the 2023/24 Operating Budget; 2) adopting the 2024/25 – 2025/26 Operating Budget; and
WHEREAS, on February 11, 2026, both Harvest Time and Contra Costa Winegrowers Association presented before the City’s Agriculture Enterprise Committee (AEC) and requested $25,000 and $27,000 respectively, to support marketing efforts for the upcoming U-Pick activities and ongoing promotion of wine growing and tasting in Brentwood.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Brentwood does hereby approve and authorize the City Manager or his designee to execute a Reimbursement Agreement with Harvest Time in Brentwood in the amount of $25,000; and approve and authorize the City Manager or his designee to execute a Reimbursement Agreement with Contra Costa County Winegrowers Association in the amount of $27,000 to fund marketing and advertising costs to be expended from the Agricultural Land Fund Agricultural Business Program Operating Budget.

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PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 10th day of March 2026 by the following vote:

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REIMBURSEMENT AGREEMENT

BETWEEN THE CITY OF BRENTWOOD AND HARVEST TIME IN BRENTWOOD FOR

MARKETING AND ADVERTISING EXPENDITURES
This Agreement ("Agreement") is entered this day of________, 2026, (the “Effective Date”) by and between the City of Brentwood, a municipal corporation of the State of California ("City") and Harvest Time in Brentwood, a 501(c)(3) non-profit organization (“Harvest Time”) (each a “Party” and Collectively, the “Parties”).

R E C I T A L S
A. Harvest Time is a non-profit organization that is dedicated to agritourism promotion and education of farming and its products in the Brentwood, California, region of East Contra Costa County.

B. On February 11, 2026, representatives from Harvest Time presented before the Agricultural Enterprise Committee (AEC), sharing plans to promote the 50th Harvest Time Anniversary Celebration. However, the presentation was an informational item, so no action could be taken. Harvest Time sought funding in the amount of $25,000 to support the 50th Anniversary Celebration from the Agriculture Land Fund.

C. On March 10, 2026, by Resolution No. ______________, the City Council authorized staff to reimburse Harvest Time for marketing and advertising expenditures in an amount not to exceed $25,000.

D. This Agreement memorializes the terms of reimbursement for development of the U marketing and advertising costs.

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

1. REIMBURSEMENT OF FUNDS

1.1 City
As further detailed in this Agreement, City will reimburse Harvest Time for Program expenditures in a total not to exceed amount of $25,000.

1.2 Harvest Time
When seeking reimbursement, Harvest Time will use the reimbursement form included in the attached Exhibit “A” and will provide all documentation required by City prior to reimbursement funds being disbursed.

2. USE OF FUNDS
Harvest Time reimbursement requests are limited to the following Program uses and estimated amounts. In no event will the total maximum reimbursement amount exceed $25,000 and the funds are to be used as follows:

Fifty (50) Short Videos – Social Media $20,000
Coloring Pages $3,000
Website Update and Meta Ads $2,000
TOTAL $25,000

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3. TERM
This Agreement will commence on the Effective Date and will terminate upon the completion of the Program activities listed in section 2, and reimbursement of all allowable expenditures by the City.

4. GENERAL PROVISIONS

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

4.2 Notices, Demands, and Communications Between the Parties. Any approval, disapproval, demand, document or other notice ("Notice") which a Party may desire to give the other Party under this Agreement must be in writing and will be given by certified mail, return receipt requested and postage prepaid; personal delivery; or reputable overnight courier (but not by facsimile or email), to the Party to whom the Notice is directed at the address set forth below, or at any other address as that Party may later designate by Notice.

To City: City of Brentwood
150 City Park Way
Brentwood, CA 94513
Attention: City Manager
To Harvest
Time:

Harvest Time
P.O. Box 1672
Brentwood CA 94513
Attention: Jessica Enos, President
Any Notice will be deemed received on the date of delivery if delivered by personal service; on the date of delivery or refused delivery as shown by the return receipt if sent Certified Mail; and on the date of delivery or refused delivery as shown by the records of the overnight courier if sent via nationally recognized overnight courier. Notices sent by a Party's attorney on behalf of their client will be deemed sent by their client.

4.3 Relationship of the Parties. It is hereby acknowledged that the relationship between the Parties is not that of a partnership or joint venture, and that City and Harvest Time will not be deemed or construed for any purpose to be the agent of the other.

Accordingly, except as provided in this Agreement, City will have no rights, powers, duties or obligations with respect to the development, operation, maintenance, or management of Harvest Time facilities or the Program. Harvest Time will indemnify, hold harmless and defend City from any claim made against City arising from a claimed relationship of partnership or joint venture between City and Harvest Time with respect to the development, operation, maintenance, or management of Harvest Time facilities or the Program.

4.4 Entire Agreement. This Agreement contains the entire understanding between the Parties relating to the transactions contemplated by it. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged in this Agreement and will be of no further force or effect.

4.5 Amendments. Any alteration, change or modification of or to this Agreement, in order to become effective, will be made in writing and in each instance signed on behalf of each Party.

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4.6 Conflicts of Interest. No member, official, or employee of either Party will have any personal interest, direct or indirect, in this Agreement, nor will any such member, official, or employee participate in any decision relating to the Agreement which affects his or her personal interests, or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested.

4.7 Indemnity. Harvest Time will indemnify, defend (with counsel reasonably acceptable to the City), protect, and hold the City, and its officers, employees, agents and volunteers, harmless from, any and all claims arising out of the development, operation, maintenance, or management of Harvest Time facilities or the implementation of the Program, including, but not limited to, any damages to property, injuries to persons or accidental death (including reasonable attorneys’ fees and costs), which may result from the activities of the Harvest Time, whether such activities are performed by Harvest Time its members or by anyone directly or indirectly employed or contracted with by Harvest Time or its members. Harvest Time’s indemnity obligations under this section will not extend to claims, damages, defense costs, or liability for property damage, bodily injury or death occasioned by the sole negligence or willful misconduct of City, or its officers, employees, agents, or volunteers.

4.8 Non-liability of Officials and Employees of City. No member, official, or employee of City will be personally liable to Harvest Time, or any successor in interest, in the event of any default or breach by City or for any amount, which may become due to Harvest Time or its successors, or on any obligations under the terms of this Agreement.

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

4.10 No Third Party Rights. This Agreement is made and entered into solely for the benefit of City and Harvest Time and no other third party will have any right of action under this Agreement.

4.11 Disclosure of Documents. Harvest Time acknowledges that City is subject to the provisions of the California Public Records Act and that any information submitted to City may be disclosed to the extent required by law.

4.12 Maintenance of Records. Harvest Time will maintain complete and accurate records with respect to the Program. All records will be clearly identifiable. Harvest Time will allow a representative of City, during normal business hours, to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Harvest Time will allow inspection of all work, data, documents, proceedings, and activities related to the Program during the Agreement Term and for a period of three (3) years from the date of final payment under this Agreement.

4.13 Termination. In the event that Harvest Time fails to comply with its obligations under the Agreement, City may terminate the Agreement upon written Notice to Harvest Time.

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4.14 Survival. The provisions that survive termination or expiration of this Agreement include Section 4 General Provisions subsections 4.3, and 4.7 through 4.12.

4.15 Signatures.

4.15.1 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.

4.15.2 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.

4.16 Authority. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Parties.

HARVEST TIME:

Harvest Time, a 501(c)(3) non-profit
organization
By:

Jessica Enos, President
CITY:

City of Brentwood
By:

G. Harold Duffey, City Manager
ATTEST:

By:

Amanda McVey, City Clerk
APPROVED AS TO FORM:

By:

Thomas Lloyd Smith, Interim
City Attorney
Exhibit A

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150 City Park Way  Brentwood, CA 94513  (925) 516-5400  (925) 516-5441 fax [email protected]
Agricultural Enterprise
Reimbursement Form
Please mail completed reimbursement form to:

City of Brentwood
Attn: City Manager’s Office/Economic Development
150 City Park Way
Brentwood, CA 94513
or email to: [email protected]
Name of Organization:

Contact Person: Phone:

Email:

Mailing Address:

Project Name:

Funding Amount Approved: $
City Council Resolution No:

The following documents must be included for reimbursement:

Bank Statement(s) or Cancelled Check(s) Copies of all Invoices Reimbursement Expense Sheet (attached)

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150 City Park Way  Brentwood, CA 94513  (925) 516-5400  (925) 516-5441 fax [email protected]
I hereby certify that all of the facts, figures, and representations made in this report, including all attachments, are true and correct to the best of my knowledge.

Signature of Authorizing Official:

Print Name and Title of Authorizing Official:

Date:

Please list all vendors, description of service, and actual costs for expenditures related to funding approval and request for reimbursement.

Itemized Expenditures
City Use Only
Vendor Description
of Service
Actual
Cost
Invoice Proof of
Payment
Approved
TOTAL REIMBURSABLE EXPENSES: $

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REIMBURSEMENT AGREEMENT
BETWEEN THE CITY OF BRENTWOOD AND CONTRA COSTA WINE GROWERS’

ASSOCIATION FOR MARKETING AND ADVERTISING EXPENDITURES
This Agreement ("Agreement") is entered this day of________, 2026, (the “Effective Date”) by and between the City of Brentwood, a municipal corporation of the State of California ("City") and the Contra Costa Wine Growers’ Association, a 501(c)(3) non-profit organization (“CCWGA”) (each a “Party” and Collectively, the “Parties”).

R E C I T A L S
A. CCWGA is a non-profit organization that was founded to promote grape growing and wine production throughout Contra Costa County, firmly establishing Contra Costa County as a premium wine-producing region, while also promoting agri-tourism.

B. On February 11, 2026, the Agricultural Enterprise Committee received an informational presentation by the CCCWGA seeking $27,000 from the City’s Agricultural Land Fund to promote wine growing and tasting in Brentwood. However, since the presentation was an Informational item, the Committee could not take action on the item.

C. On March 10, 2026, by Resolution No._____, the City Council authorized staff to reimburse the CCWGA for marketing and advertising expenditures in an amount not to exceed $27,000
D. This Agreement memorializes the terms of reimbursement for development of the U marketing and advertising costs.

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

1. REIMBURSEMENT OF FUNDS

1.1 City
As further detailed in this Agreement, City will reimburse CCWGA for Program expenditures in a total not to exceed amount of $27,000.

1.2 CCWGA
When seeking reimbursement, CCWGA will use the reimbursement form included in the attached Exhibit “A” and will provide all documentation required by City prior to reimbursement funds being disbursed.

2. USE OF FUNDS
CCWGA reimbursement requests are limited to the following Program uses and estimated amounts. In no event will the total maximum reimbursement amount exceed $27,000 and the funds are to be used as follows:

Marketing and Advertising Consultant ($1,000/mo. for 12 months)
$12,000
Media Promotions – ads and photography ($1,000/mo. for
12 months)
$12,000
Printed Maps and Hard Copies $3,000
Total Requested $27,000

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4. GENERAL PROVISIONS

4.2 Notices, Demands and Communications Between the Parties. Any approval, disapproval, demand, document or other notice ("Notice") which a Party may desire to give the other Party under this Agreement must be in writing and will be given by certified mail, return receipt requested and postage prepaid; personal delivery; or reputable overnight courier (but not by facsimile or email), to the Party to whom the Notice is directed at the address set forth below, or at any other address as that Party may later designate by Notice.

To City: City of Brentwood
150 City Park Way
Brentwood, CA 94513
Attention: City Manager
To CCWGA: Contra Costa Wine Growers’ Association
P.O. Box 1672
Brentwood CA 94513
Attention: Rebecca Bloomfield, Acting President
Any Notice will be deemed received on the date of delivery if delivered by personal service; on the date of delivery or refused delivery as shown by the return receipt if sent certified mail; and on the date of delivery or refused delivery as shown by the records of the overnight courier if sent via nationally recognized overnight courier. Notices sent by a Party's attorney on behalf of their client will be deemed sent by their client.

4.3 Relationship of the Parties. It is hereby acknowledged that the relationship between the Parties is not that of a partnership or joint venture, and that City and CCWGA will not be deemed or construed for any purpose to be the agent of the other.

Accordingly, except as provided in this Agreement, City will have no rights, powers, duties or obligations with respect to the development, operation, maintenance, or management of CCWGA facilities or the Program. CCWGA will indemnify, hold harmless and defend City from any claim made against City arising from a claimed relationship of partnership or joint venture between City and CCWGA with respect to the development, operation, maintenance, or management of CCWGA facilities or the Program.

4.5 Amendments. Any alteration, change or modification of or to this Agreement, in order to become effective, will be made in writing and in each instance signed on behalf of each Party.

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4.7 Indemnity. CCWGA will indemnify, defend (with counsel reasonably acceptable to the City), protect, and hold the City, and its officers, employees, agents and volunteers, harmless from, any and all claims arising out of the development, operation, maintenance, or management of CCWGA facilities or the implementation of the Program, including, but not limited to, any damages to property, injuries to persons or accidental death (including reasonable attorneys’ fees and costs), which may result from the activities of the CCWGA, whether such activities are performed by CCWGA its members or by anyone directly or indirectly employed or contracted with by CCWGA or its members. CCWGA’s indemnity obligations under this section will not extend to claims, damages, defense costs, or liability for property damage, bodily injury or death occasioned by the sole negligence or willful misconduct of City, or its officers, employees, agents, or volunteers.

4.8 Non-liability of Officials and Employees of City. No member, official, or employee of City will be personally liable to CCWGA, or any successor in interest, in the event of any default or breach by City or for any amount, which may become due to CCWGA or its successors, or on any obligations under the terms of this Agreement.

4.10 No Third Party Rights. This Agreement is made and entered into solely for the benefit of City and CCWGA and no other third party will have any right of action under this Agreement.

4.11 Disclosure of Documents. CCWGA acknowledges that City is subject to the provisions of the California Public Records Act and that any information submitted to City may be disclosed to the extent required by law.

4.12 Maintenance of Records. CCWGA will maintain complete and accurate records with respect to the Program. All records will be clearly identifiable. CCWGA will allow a representative of City, during normal business hours, to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. CCWGA will allow inspection of all work, data, documents, proceedings, and activities related to the Program during the Agreement Term and for a period of three (3) years from the date of final payment under this Agreement.

4.13 Termination. In the event that CCWGA fails to comply with its obligations under the Agreement, City may terminate the Agreement upon written Notice to CCWGA.

4.14 Survival. The provisions that survive termination or expiration of this Agreement include Section 4 General Provisions subsections 4.3, and 4.7 through 4.12.

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4.15 Signatures.

4.15.1 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.

CONTRA COSTA WINE GROWERS’
ASSOCIATION:

Contra Costa Wine Growers’ Association, a
501(c)(3) non-profit organization
By:

Rebecca Bloomfield, Acting President
CITY:

City of Brentwood
By:

G. Harold Duffey, City Manager
ATTEST:

By:

Amanda McVey, City Clerk
APPROVED AS TO FORM:

By:

Thomas Lloyd Smith, Interim
City Attorney

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150 City Park Way  Brentwood, CA 94513  (925) 516-5400  (925) 516-5441 fax [email protected]

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150 City Park Way  Brentwood, CA 94513  (925) 516-5400  (925) 516-5441 fax [email protected]
Agricultural Enterprise
Reimbursement Form
Please mail completed reimbursement form to:

City of Brentwood
Attn: City Manager’s Office/Economic Development
150 City Park Way
Brentwood, CA 94513
or email to: [email protected]
Name of Organization:

Contact Person: Phone:

Email:

Mailing Address:

Project Name:

Funding Amount Approved: $
City Council Resolution No:

The following documents must be included for reimbursement:

Bank Statement(s) or Cancelled Check(s) Copies of all Invoices Reimbursement Expense Sheet (attached)
Exhibit A

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Signature of Authorizing Official:

Print Name and Title of Authorizing Official:

Date:

Please list all vendors, description of service, and actual costs for expenditures related to funding approval and request for reimbursement.

Itemized Expenditures
City Use Only
Vendor Description
of Service
Actual
Cost
Invoice Proof of
Payment
Approved
TOTAL REIMBURSABLE EXPENSES: $

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Marketing & Community Engagemet Overview
Harvest Time
50th Anniversary

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This milestone anniversary reflects Harvest Time’s long-standing dedication to Brentwood’s farms and community, and reinforces our mission to promote local agriculture by connecting people with real farms, fresh local food, and the stories behind them Positioning and
Theme
Celebrating 50Years of Harvest Time

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The 50thAnniversary of Harvest Time represents a significant milestone, celebrating decades of support forBrentwood's farms and the community's connection to agriculture.

Why This
Matters

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We aim to engage local families, regional visitors, schools, and businesses, fostering strong connections within the community to enhance participation and support for our 50thAnniversary celebration.

Target
Audiences

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2026 Overview
Q1
Launch &
Community
Engagement
Launch 50th
Anniversaryweb
hub and video
series
Q2 & Q3
Visitor Attraction &
Collaboration
Increase agritourism during peak Upick season while strengthening collaboration with local organizations,
media, and businesses.

Q4
Poker
Tournament
Celebrating
Community and
Connection
&

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In Q1 2026, we'll launch our50thAnniversaryweb hub offering exciting educational resources forfamilies and children with engaging content about local agriculture.
50 ShortVideos: Stories of farms, crops, and local history.

Bags, shirts, hats and other swag used to promote the
visibility of the 50 Anniversary.
th
Introduce the new monthly 50th-branded coloring pages
Q1 Launch
Launch and Community Engagement

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As a strong driver of tourism, Harvest Time will continue to grow agritourism by attracting more visitors during the peak U-pick seasons. At the same time, we’ll strengthen collaboration with key local partners, including the Downtown Brentwood Coalition, the Chamber of Commerce,Wine GrowersAssociation, local school districts, media outlets, influencers, and businesses.

A50thAnniversary Magazine that will feature stories, farm profiles, and local agricultural history.

Video series will be shared with local media and influencers Launch the digital dining map: The digital dining map highlights local restaurants, offering visitors a one-stop guide to Brentwood's culinary offerings, enhancing their experience while supporting community businesses.

Q2 & Q3
Collaboration
Education and Engagement Initiatives

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In Q4, the 50thAnniversaryPokerTournament will serve as a vibrant capstone event, fostering community connection while celebrating our agricultural heritage.Alongside the tournament, we’ll continue community engagement by introducing farminspired art projects that invite residents of all ages to create, participate, and leave their own mark on the 50th year.

Q4 Poker
Tournament
Celebrating Community and Connection

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Q1 Q2 & Q3 Q4
50 Video Series
Release 1 video per week
Release of 50 Anniversary Magazine
th
Poker Tournament
Swag Rollout Release of Digital Dining Map Continue with video series and coloring pages.

Release Coloring Pages
1 per month
Partner promotions: The Press, Contra Costa
News, ECCHS, DBC, Chamber of Commerce,
and other local influencers
2026 Details

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Coloring Pages, Crayons,
Distribution
$3,000
50 Videos $20,000
Website Updates and Meta Ads $2,000
Total Cost $25,000
Cost
Breakdown

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We’re excited to celebrate 50years and to share the stories of ourfarms, ourfarm families, and the rich farming tradition in Brentwood.

Thank You

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February 11 , 2026
th February 11 , 2026th
AAgg EEnntteerprpririssee CCoommmmiitttteeee

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BEYOND THE HARVEST:

A STRATEGIC INVESTMENT IN

BRENTWOOD

WINEGROWING & AG TOURISM

CONTRA COSTA WINEGROWERS ASSOCIATION

CULTIVATING
GROWTH

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About Us
The Contra Costa Winegrowers Association was
founded to promote grape growing and wine
production throughout the county, firmly establishing
Brentwood and the Contra Costa AVA as a premium
wine-producing region.

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Executive Summary
The Contra Costa Winegrowers Association represents
a rich winemaking heritage, unique terroir, and a
dedicated community of growers in Brentwood.

While our Brentwood produces exceptional grapes and wines, awareness of the Contra Costa American Viticultural Area as a wine destination remains limited compared to neighboring regions.

To elevate our visibility, strengthen our brand, and increase both tourism and hospitality engagement, we propose investing in a project-based marketing consultant and an advertising and marketing program.

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Promoting winegrowing and grape growing in Brentwood’s Contra Costa American Viticultural Area through storytelling, media, and outreach.

Expanding hospitality and tourism partnerships, positioning the area as a destination for visitors and locals.

Building a strong and cohesive winegrowing brand that benefits all members.

Outreach to neighboring regions for collaboration and cross-promotional opportunities
Enhancing member value by developing shared marketing tools and campaigns.

Purpose & Objectives
The consultant will serve as a strategic partner to CCWA, with responsibilities centered on:

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Scope of Work
Develop and implement a comprehensive marketing strategy (digital, print, events, PR).

Manage CCWA’s website, social media, and newsletters.

Provide strategy and direction to promote regional events, festivals, and wine experiences.

Create press releases, media kits, and brand storytelling campaigns.

Partner with local tourism boards, chambers, and hospitality businesses to drive regional recognition.

Develop local, regional and statewide campaigns to promote the agricultural tourism industry and propel economic development in Brentwood and beyond.

Provide quarterly reporting on marketing impact and outcomes.

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Deliverables & Outcomes
Annual marketing plan with measurable goals.

Growth in media coverage, digital engagement, and tourism traffic using outlets such as SF Chronicle, SFGATE, local and regional publications and influencers.

Event calendar with coordinated local, regional and statewide activities and initiatives.

Brand toolkit for members, ensuring consistent messaging and visibility.

A stronger, unified voice for Brentwood & Contra Costa wine.

Consultant
Qualifications
The ideal candidate will bring experience in wine, food, and hospitality marketing; proven success in destination branding or regional promotion; strong digital and event marketing skills; and the ability to collaborate with diverse stakeholders.

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Budget & Timeline
We recommend a 12-month contract with
quarterly check-ins and a flexible budget structure
(monthly retainer or project-based). Specific
budget ranges will be determined based on scope
and consultant qualifications. The investment from
the fund would also include collateral and some
paid advertisment costs.

Investment Request - $27,000

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Proposed Breakdown of Investment from
Ag Enterprise Fund
$1,000 per month for 12 months: Marketing &
Advertising Consultant
$1,000 per month for 12 months: Media push
including placement of ads, branding and
photography.
$3,000 for printing maps and hard copy
shareables
Total: $12,000
Total: $12,000
Total: $3,000
Total reinvestment: $27,000
Included: Quarterly reporting by CCWA of expenditures, accounting and impact at regular Ag Enterprise meetings.

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Investing in a Brentwood-centric marketing
consultant and program will allow CCWA to
increase recognition of Brentwood & Contra Costa
as a premier winegrowing region, drive tourism
and hospitality growth, and enhance the value of
membership. This strategic step will ensure our
region’s story is shared, celebrated, and
positioned for long-term success.

Conclusion

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TThhaannkk YYoouu!!

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CITY COUNCIL AGENDA ITEM NO. G.2
03/10/2026
SUBJECT: Focused Zoning Code Update Direction: Alcohol Sales DEPARTMENT: Community Development
STAFF: Alexis Morris, Director of Community Development Erik Nolthenius, Planning Manager
Jennifer Hagen, Principal Planner

TITLE/RECOMMENDATION
Provide direction to staff on potential new regulations within the framework of the Focused Zoning Code Update related to the sale of alcohol for on-premise consumption.

FISCAL IMPACT
The cost of the update is included in the Zoning Ordinance Focused Update, CIP Project No. 337-37228, (“Project”) which is included in the 2025/26 – 2029/30 Capital Improvement Program. The majority of the Project is funded by the General Fund, with a minor amount from California Senate Bill (SB) 2 Local Early Action Planning (LEAP) grant funding.

BACKGROUND
On January 24, 2023, the City Council provided direction to staff to reinitiate the City’s Zoning Code Update, including a focused and phased approach, rather than the comprehensive update that was initiated in the summer of 2020. On May 23, 2023, the project scope and budget were finalized when the City Council approved a Professional Services Agreement with De Novo Planning Group to prepare and complete the Focused Zoning Code Update and Objective Design Standards. The work plan approved by the City Council includes three main tasks to complete:

Task 1: Objective Design Standards;
Task 2: Zoning Code Updates required by State Law and the Housing Element; Task 3: Focused Zoning Code updates.

This agenda item is related to Task 3: Focused Zoning Code updates. This task includes amendments to various sections of the Zoning Code to better reflect the

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CITY COUNCIL AGENDA ITEM NO. G.2
03/10/2026
community's values based on feedback from the community and City Council, including changes to some permitted and conditionally permitted uses throughout the city.

On November 14, 2023, the City Council directed staff to address the following uses in the Focused Zoning Code Update efforts and present an initial framework for zoning amendments related to such uses:

1. Automobile service stations/gas stations;

2. Carwashes;

3. Alcohol sales;

4. Self-storage facilities;

5. Short-term rentals; and

6. Drive-through uses.

On June 17, 2024 and July 15, 2024, the City Council’s Land Use and Development Committee (LUD) was presented with information on the six topics and provided direction on each. LUD recommended that staff return to the full City Council for further direction related to alcohol sales, self-storage facilities, and drive-through uses before drafting amendments for review and approval. On September 24, 2024 the City Council was presented with information and provided further direction related to alcohol sales.

Although the Focused Zoning Code Updates were originally envisioned to move forward as one group, the specific uses became separated based on initial LUD and City Council recommended changes, differing staff time needed to amend each section of the Municipal Code based on each use, and the complexity of each topic.

Staff moved forward with each use based on the complexity of each of the topics, as well as the clarity and consistency of the direction given, in order to complete the simplest tasks first before moving forward with the more complex tasks. To date, approximately 15 meetings have been held over the past two years on the Focused Zoning Code Updates and Objective Design Standards, as summarized below.

Meeting
Date
Body Type Topic Result
2024
June 17 LUD Discussion Gas Stations,
Carwashes,
Alcohol
Alcohol
recommended to
full CC
July 15 LUD Discussion Self-Storage,
STR, Drivethrough
Self-Storage and
Drive-throughs
recommended to
full CC

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CITY COUNCIL AGENDA ITEM NO. G.2
03/10/2026
Meeting
Date
Body Type Topic Result
Sept 24 CC Discussion Alcohol, Drivethrough, SelfstorageSelf-storage continued
October 15 PC Recommendation Gas Stations,
Carwashes, STRs
Recommended
approval to CC
November 12 CC Discussion Self-Storage
November 12 CC 1
st Reading Gas Stations,
Carwashes, STRs
Approved
Carwashes and
STRs. Continued
Gas Stations
December 10 CC 2
nd Reading Carwashes, STRs Approved
2025
May 19 LUD Intro ODS
June 3 PC Recommendation Self-Storage and
Drive-throughs
Recommended
approval to CC
July 22 CC 1
ST Reading Self-Storage and
Drive-throughs
Approved Selfstorage,
continued Drivethroughs
August 12 CC 2
ND Reading Self-Storage Approved
September 16 PC Recommendation ODS Continued
September 23 CC 1
st Reading Drive-throughs Approved
October 14 CC 2
nd Reading Drive-throughs Approved
October 21 PC Recommendation ODS Continued
2026 February 24 CC Discussion Alcohol Continued
To date, staff has completed work related to carwashes, short-term rentals, selfstorage facilities, and drive-throughs. Staff anticipates that completed Ordinances related to State Legislative Updates (Task 2) and gas stations will be presented to the Planning Commission within the next month, in addition to a follow-up on the Objective Design Standards. Staff’s goal is to complete the entirety of the Focused Zoning Code Updates (Tasks 1-3) by the end of the fiscal year (June 30).

DISCUSSION
The last time that the City Council provided direction on alcohol-related uses was September 24, 2024. The previous reports related to alcohol that were provided to LUD and the City Council are included in Attachment 2 for the City Council’s reference.

Based on the complexity of the topic, the potential to impact the majority of the City’s commercial areas, and the length of time since last reviewed by the Council, staff is recommending that the Council review staff’s drafted recommendations and provide final direction before moving forward to the Planning Commission and Council for

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CITY COUNCIL AGENDA ITEM NO. G.2
03/10/2026
final approval. On September 24, 2024, the City Council provided the following direction:
• No alcohol-related changes to the Downtown, the Innovation Center, or PD-6 (The Streets of Brentwood/Sand Creek Crossings Center) zones, while creating one set of regulations for the rest of the city that would allow for consistency and that would be more easily understood.
• Consider specific regulations for the sale of alcohol for on-premise consumption for all properties located within 500 feet of K-12 schools (Private or Public), excluding the three areas referenced above.
• Consider signage related to alcohol sales.
• Consider specific regulations for the sale of alcohol for on-premise consumption for those uses within 100 feet of residential properties. • Consider specific regulations for the sale of alcohol for on-premise consumption that would require a Conditional Use Permit (CUP) if a restaurant is open after 10 p.m. (explore a tiered system based on proximity to residential properties). • Council did not recommend changes to existing regulations related to the sale of alcohol for off-premise consumption at the time.

Based on the City Council recommendations, staff drafted a preliminary code amendment that provides the following regulations for all properties outside of those located in the Downtown Specific Plan, the PA-1 Specific Plan Area (Innovation Center), and PD-6. The initial draft of the new code section is included in Attachment 3 for reference. The proposed standards include:

1. Proximity to Schools. No establishment that sells alcohol for on-premise consumption shall be located within a five hundred (500) foot radius from any existing school (public or private), except within the areas defined as the Downtown Specific Plan, the PA-1 Specific Plan Area (Innovation Center), and PD-6. A 500-foot radius map is included in Attachment 4 for reference.

2. Proximity to Residential Uses. If an establishment that sells alcohol for onpremise consumption is within one hundred (100) feet of any existing residential zoning district or use, then a conditional use permit shall be required.

3. Hours of Operation in addition to Proximity to Residential Uses. If an establishment that sells alcohol for on-premise consumption is within three hundred (300) feet of any existing residential zoning district or use and open after 10:00 P.M., then a conditional use permit shall be required. This would

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CITY COUNCIL AGENDA ITEM NO. G.2
03/10/2026
effectively require those between 100- and 300-feet, open past 10:00 P.M., to require a CUP since those less than 100-feet automatically require a CUP.

If a property does not meet any of the above three criteria, then the sale of alcohol for on-premise consumption in combination with an approved restaurant use would be allowed by right. Below is a summary of the changes that would apply:

Proximity Standards Regulations
Restaurants within 500’ of a School On-Premise alcohol sales would not be permitted
Restaurants within 100’ of a residential
property
On-Premise alcohol sales would require
a CUP
Restaurants within 100’-300’ of a
residential property
On-Premise alcohol sales would require
a CUP if open later than 10:00 p.m.

Restaurants greater than 300’ from a
residential property
On-Premise alcohol sales would be
permitted in conjunction with a
restaurant.

Staff also looked into additional regulations for window signage. While the City may not explicitly prohibit signage related to the sale of alcohol, it may impose regulations on the time, place, and manner of the signage to ensure public order and safety.

After review of the City’s current Ordinance, the advertisement of alcohol products is only permitted as window signage defined as follows:
"Window sign" means a permanent sign that is painted or mounted onto a windowpane, or that is hung directly inside a window solely for the purpose or effect of identifying any premises from the sidewalk or street, or a temporary sign that advertises special sales, events, or products. This definition includes any interior sign that is located within five feet of the applicable window.

Based on the current Code, window signage is limited to not more than twenty-five percent of the aggregate window area and may not to be located within an area between three feet and five feet above grade. Since window signage is already identified within the Code, and limited to only 25 percent of window area, staff does not recommend amending the sign regulations at this time. However, if the City Council would like to place additional regulations on the time, place, and manner of window signage to ensure public order and safety, staff would recommend amending the Code so that the regulations would apply to all window signage and not specifically to the sale of alcohol. If the Council would like to move forward with this, staff could provide examples to bring forward separately or with the final ordinance.

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CITY COUNCIL AGENDA ITEM NO. G.2
03/10/2026
Once Council has provided final direction on alcohol-related uses, staff will finalize the draft ordinance to bring forward for Planning Commission and City Council consideration within the new two to three months.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

ALTERNATIVE OPTION(S)
The following are alternative options that the City Council may consider:

1. Direct staff to make changes to the proposed amendments and direct staff to return to the Planning Commission and the City Council with the revised ordinance.

2. Do not move forward with amending the Zoning Code related to alcohol uses at this time.

ATTACHMENTS

1. Previous Action

2. September 24, 2024 Agenda Report and Attachments

3. Draft Amendments

4. 500-Radius Map from all Schools

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PREVIOUS ACTION
Previous City Council actions related to this agenda item 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 16 and 17, 2017, the City Council held workshops to discuss, deliberate, and direct staff on priorities and the allocation of financial resources for the development of a Strategic Plan initiative. The City Council directed staff to initiate a comprehensive zoning ordinance update.

On February 27, 2018, the City Council adopted Resolution No. 2018-21, to approve the FY 2018/19 and FY 2019/20 City of Brentwood Strategic Plan, including Strategic Initiative 4.1.c, preparation of a comprehensive zoning ordinance update which has been continued over the past few years into the current Strategic Plan FY 2022/23 – FY 2023/24 (Focus Area 4: Land Use Planning, Goal 1: Implement Zoning Ordinance update).

On June 9, 2020, by Resolution No. 2020-73, the City Council adopted the City’s 2020/21 – 2024/25 Capital Improvement Program (“CIP”), which included the Zoning Ordinance Update, CIP Project No. 337-37228.

On January 24, 2023, the City Council provided direction to staff on reinitiating the City’s Zoning Code Update, including a new focused and phased approach scaled down in size and focused into specific tasks.

On May 23, 2023, the City Council approved a Professional Services Agreement with De Novo Planning Group to prepare and complete the Focused Zoning Ordinance Update and Objective Design Standards.

On November 14, 2023, the City Council provided direction to staff on including updated regulations pertaining to automobile service stations/gas stations, carwashes, alcohol sales, self-storage facilities, short-term rentals, and drive-through uses as part of the Focused Zoning Code Update efforts and directed staff to present the Land Use and Development Committee with an initial framework for each of the topics prior to moving forward with comprehensive and formal amendments.

On September 24 and November 12, 2024, the City Council was presented with information on and provided further direction related to alcohol sales, self-storage facilities, and drive-through uses.

On November 12, 2024, the City Council held a duly-noticed public hearing to consider the first reading of the Ordinance approving a Zoning Text Amendment (RZ 24-005) to the Brentwood Municipal Code to update regulations related to automobile

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Page 2 of 2 ends

service stations/gas stations, carwashes, and short-term rentals. Following the public hearing, the City Council voted to approve the provisions of Ordinance related to carwashes, and short-term rentals and continue the amendments related to automobile service stations/gas stations to move forward separately at a later time.

On July 22, 2025, the City Council held a duly-noticed public hearing to consider the first reading of the Ordinance approving a Zoning Text Amendment (RZ 24-006) to the Brentwood Municipal Code to update regulations related to self-storage and drivethrough facilities. Following the public hearing, the City Council voted to approve the provisions of Ordinance related to self-storage facilities and continue the amendments related to drive-through facilities to move forward separately at a later time.

On September 23, 2025, the City Council held a duly-noticed public hearing to consider the first reading of the Ordinance approving a Zoning Text Amendment (RZ 24-006) to the Brentwood Municipal Code to update regulations related to drivethrough facilities. Following the public hearing, the City Council voted to approve the provisions of Ordinance related to drive-through facilities.

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CITY COUNCIL AGENDA ITEM NO. I.3
09/24/2024
SUBJECT: Focused Zoning Code Update Direction: Alcohol Sales, Selfstorage facilities, and Drive-through uses DEPARTMENT: Community Development
STAFF: Alexis Morris, Director of Community Development Erik Nolthenius, Planning Manager
Jennifer Hagen, Senior Planner

TITLE/RECOMMENDATION
Provide direction to staff on potential new regulations within the framework of the Focused Zoning Code Update related to the following land uses: Alcohol sales, selfstorage facilities; and, drive-through uses.

FISCAL IMPACT
The cost of the update is included in the Zoning Ordinance Focused Update, CIP Project No. 337-37228, (“Project”) which is included in the adopted and amended 2024/25 – 2028/29 Capital Improvement Program. The majority of the Project is funded by the General Fund, with a minor amount from SB 2 grant funding.

BACKGROUND
On January 24, 2023, the City Council provided direction on reinitiating the City’s Zoning Code Update, including a new focused and phased approach. On May 23, 2023, the project scope was finalized when the City Council approved a Professional Services Agreement with De Novo Planning Group to prepare and complete the Focused Zoning Code Update and Objective Design Standards. The plan approved by the Council includes three main tasks to complete:

Task 1: Objective Design Standards;
Task 2: Zoning Code Updates required by State Law and the Housing Element; Task 3: Focused Zoning Code updates.

This agenda item is related to Task 3: Focused Zoning Code updates. This task includes amendments to various sections of the Zoning Code to better reflect the community's values based on feedback from the community and City Council, including changes to some permitted and conditionally permitted uses throughout the City.

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CITY COUNCIL AGENDA ITEM NO. I.3
09/24/2024
On November 11, 2023, the City Council provided direction on the following uses to be considered as part of the Focused Zoning Code Update efforts and directed staff to present the Land-Use and Development Committee (LUD) with an initial framework for each of the topics prior to moving forward with comprehensive and formal amendments:

1. Automobile service stations/gas stations

2. Carwashes

3. Alcohol sales regulations

4. Self-storage facilities

5. Short-term rental regulations

6. Drive-through uses
On June 17th and July 15th, LUD was presented with and provided direction on the six topics. LUD recommended that staff return to the full City Council for direction related to alcohol sales, self-storage facilities, and drive-thru uses to obtain further direction before drafting amendments for review and approval. Staff received clear recommendations from LUD on amendments related to automobile service stations/gas stations, carwashes, and short-term rental regulations, which will be first presented to the Planning Commission and then returning to City Council for review and approval in the near future. Both the Planning Commission and City Council meetings will be public hearings and will be noticed in the local paper.

DISCUSSION
Staff has prepared the attached individual reports on the topics. Each report has been formatted to provide the following information, if applicable:

1. Background – a discussion of the use and relevant information

2. Analysis
A. General – a discussion on the existing uses in operation throughout the City. Within the alcohol sales report, staff has also included attachments 2A and 2B, that includes a list of all active on-sale and off-sale retail licenses for general background and reference purposes.

B. Existing Regulations – a discussion on whether there are currently any regulations on the subject use, including whether they typically are permitted or conditionally permitted.

C. Locations – a discussion of what zones identify the subject use as permitted or conditionally permitted.

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CITY COUNCIL AGENDA ITEM NO. I.3
09/24/2024
D. Potential Development and Design Standards – a discussion of potential development and design standards related to the identified uses for consideration to be incorporated into a future focused zoning code amendments.

E. Potential Operational Requirements – a discussion of potential operational requirements related to the identified uses for consideration to be incorporated into a future focused zoning code amendments.

Subsequent to the LUD meeting, staff added two new sections to the summaries:
 a “LUD Summary and Further Discussion” section at the end of each report that includes a summary of the LUD conclusions, additional consideration and/or discussion points, and recommended City Council direction; and  a “Potential Economic Impact” section that provides information on the potential impacts new standards or regulations may have on the existing and/or future economic growth and welfare of the City.

Staff is presenting the City Council with recommendations on the final three land uses and the requested direction for each, as summarized below. A full discussion of each land use can be found in each of the attached individual reports (Attachment 2 – Alcohol Sales, Attachment 3 – Self- Storage Facilities, and Attachment 4 – Drivethrough Facilities.) Alcohol Sales
In order to move forward with a focused update related to alcohol sales, staff needs direction on the recommended development standards and operational requirements for alcohol sales throughout the City. Staff has provided recommendations below and is requesting direction on the following:

1. Individualized and General Regulations: Overall, staff recommends that the City Council consider requiring individualized regulations for specific areas such as the Downtown, the Innovation Center, and PD-6 (Streets of Brentwood/Raley’s Center), while potentially creating one set of regulations for the rest of the City that would allow for consistency and more easily understood regulations.

2. Definitions: In addition, staff recommends that new definitions be created within alcohol-regulating provisions for the following:
• Day Care Center, Children

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CITY COUNCIL AGENDA ITEM NO. I.3
09/24/2024
• Private Educational Facilities
• Public School Facilities
• Food and Beverage Stores – Convenience Store
• Food and Beverage Stores – Grocery Store
• Food and Beverage Stores – Liquor Store
• Food and Beverage Stores – Specialty Food & Wine
• Food and Beverage Stores – Neighborhood Market

3. No further restrictions for on-sale license: Staff does not recommend further restricting on-sale licenses within the City unless they are located adjacent to, or within a distance as recommended by City Council, to a Public School Facilities or a Private Educational Facility only.

4. Separation Requirements: Staff does not recommend implementing separation requirements from Child Day Care Centers at this time. Staff also recommends that all that the incidental sale of alcohol at all grocery stores, specialty food and wine stores and neighborhood markers be permitted by-right where the use is allowed in the underlying zone.

5. CUPs: Staff recommends that all convenience stores and liquor stores be conditionally permitted where the use is allowed in the underlying zoning.

City Council Options
The following outlines the options for Council when considering the options for alcohol sales:

1. Support Staff Recommendation. If the City Council supports staff’s recommendations, staff will draft final language to be brought to the Planning Commission for consideration and recommendation before being brought back to the City Council for final approval.

2. Modify Staff Recommendation. If the City Council supports modifying staff’s recommendations, such as recommending additional sensitive uses, or alternative location based zoning suggestions, the City Council would need to provide clear and concise direction on the proposed changes. Staff would then draft final language to be brought to the Planning Commission for consideration and recommendation before being brought back to the City Council for final approval.

Self- Storage Facilities

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CITY COUNCIL AGENDA ITEM NO. I.3
09/24/2024
At this time, staff supports including a clear definition for self-storage in the Zoning Code in order to assist in regulating establishments within the City. However, staff does not recommend expanding or modifying zones where self-storage facilities are currently permitted; therefore, only allowing self-storage facilities in the zones identified in Table 1 in the attached.

City Council Options
The following outlines the direction that staff is requesting from the Council:

1. Support Staff Recommendation. Does the City Council support not expanding or modifying zones where self-storage facilities are permitted and clearly defining self-storage facilities? This would result in retaining the ability for selfstorage facilities in the zones identified in Table 1 to continue, expand or redevelop, and would preclude new self-storage facilities in all other zones that are not identified in the zones listed in Table 1.
 If the City Council supports this option, staff recommends that clear design criteria be established that would regulate the expansion, addition, and renovation of the existing self-storage facilities within the zones in Table 1, as well as new facilities within these zones. Potential regulations would include, but are not limited to, building design, street fronting articulation, massing, setbacks, landscaping, site maintenance, storage of hazardous materials, etc. If the City Council supports staff’s recommendations, staff would draft these design criteria and bring them to the Planning Commission and City Council for consideration in early 2025.

2. Modify Staff Recommendation. Does the City Council support prohibiting all future self-storage facilities or expansions of existing facilities in all zones, including those listed in Table 1? This would cause all existing facilities to become legal non-conforming uses. They would thus be allowed to remain as they are currently constructed, but the facilities would not be able to add on or expand in the future. If the City Council supports modifying staff’s recommendations, such as prohibiting all future facilities, staff would draft language to be included in the Zoning Ordinance that would be brought back to the Planning Commission and City Council for consideration in early 2025.

Drive-through Facilities

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CITY COUNCIL AGENDA ITEM NO. I.3
09/24/2024
In order to move forward with a focused update related to drive-through facilities, staff needs direction on the attached development standards and operational requirements for future drive-through establishments. Overall, staff recommends that the City Council consider requiring a Conditional Use Permit for all future drivethrough establishments. In addition to requiring a CUP, staff recommends that new development standards be drafted and implemented that include the following items:
• Residential Setbacks.
• Queuing Analysis.
• Separate Waiting Lane.
• Vehicle Stacking.
• Pedestrian Access and Circulation.
• Building Design.

Staff does not recommend prohibiting future drive-through uses at this time or modifying zones where drive-throughs are currently conditionally permitted, beyond imposing the standards identified above. Staff believes that with incorporation of the development standards related to the above mentioned items, as well as vetting through the CUP process (including increased public hearing notice requirements of a 1,000 foot radius being brought forward for City Council approval separately) for all future drive-thru facilities, that potential negative impacts of future drive-through uses would be mitigated and adequately addressed during the entitlement process.

City Council Options
The following outlines the options for Council when considering the attached standards:

2. Modify Staff Recommendation. If the City Council supports modifying staff’s recommendations, such as adjusting the required residential setbacks or prohibiting all future drive-throughs, the City Council would need to provide clear and concise direction on the proposed changes. Staff would then draft final language to be brought to the Planning Commission for consideration and recommendation before being brought back to the City Council for final approval.

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CITY COUNCIL AGENDA ITEM NO. I.3
09/24/2024
Conclusion
Staff is recommending that each topic be presented and discussed, as well as receive public comment individually, in order to get clear and concise direction before moving on to the next topic. Once Council has provided final direction on the final three focused zoning code items, staff will begin to draft final ordinances to bring forward for Planning Commission and City Council consideration in early 2025.

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

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

ATTACHMENTS

1. Previous Action

2. Alcohol Sales
a. Brentwood Off-Sale ABC Licenses
b. Brentwood On-Sale ABC Licenses

3. Self-storage facilities

4. Drive-through uses

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Alcohol Sales 1

FOCUSED ZONING CODE UPDATE

1. Alcohol Sales
Background
A. Types of Alcoholic Beverage Licenses in California
To sell beer, wine, or liquor in the State of California, a business must acquire a license through the Department of Alcoholic Beverage Control (ABC). There are two main types of alcoholic beverage licenses: on-sale retail and off-sale retail.

On-sale Alcohol License
On-sale alcohol licenses grant privileges for on-site consumption. There are two main groups of on-sale retail licenses: beer and wine (Type 41 and Type 42) and full on-sale general liquor (Type 47 and Type 48). These two main groups are then narrowed down to the specific type of business. Type 41 and Type 47 are incidental to food service and commonly used for full-service restaurants. The business applying for a Type 41 or Type 47 must have a kitchen and all age groups are welcomed to be on the premises. For Type 42 and Type 48, no food service is required; these licenses are commonly used for bars or taverns. Due to the business nature of a Type 42 or Type 48 license, only adults age 21 and over are allowed on premise.

Off-sale Alcohol License
Conversely, off-sale alcohol licenses grant privileges for customers to purchase the alcohol to consume off-premise. There are only two main alcohol licenses that grant off-sale privileges: Type 20 (beer and wine) and Type 21 (beer, wine, and spirits). These two types of off-sale retail alcohol licenses are commonly used by service stations, convenience stores, grocery stores, etc.

B. Licensing vs. Zoning
Prior to ABC issuing an alcoholic beverage license, the Department requires an applicant to demonstrate that the business location has zoning in place that permits the sale of alcohol. Per Section 23790 of the Business and Professions Code, ABC cannot issue a retail license contrary to a city’s valid zoning ordinance.

The applicant must therefore submit a Zoning Affidavit stating that the city’s zoning permits the intended use, and if a conditional use permit (CUP) is needed, then a copy of the CUP (or its receipt) is to be included.

Depending on the jurisdiction and the type of alcoholic beverage license, the sale of alcohol may be permitted ministerially (i.e., by right) or through a conditional use permit. For example, some cities require a CUP for all alcohol sales while others may allow the ministerial approval of beer and wine sales (Type 41 license)

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Alcohol Sales 2
for bona fide restaurants but require a CUP for bars and taverns and for off-sale retail licenses.

Analysis
A. General – On-sale and Off-sale Alcohol Licenses: As shown in Attachments 2A and 2B, the City of Brentwood has 96 active on-sale retail licenses and 37 active off-sale retail licenses. The on-sale licenses range in use to include fullservice restaurants, fast casual restaurants (e.g., Chipotle), sports bars, Brentwood Golf Club, etc. Note that some businesses have multiple on-sale retail licenses for the same location. Tailgaters Sports Bar & Grill, for example, has a Type 47 (On-Sale General – Eating Place), Type 58 (Caterer’s Permit), Type 68 (Portable Bar License), and Type 77 (Event Permit). Likewise, off-sale licenses include such uses as grocery stores, pharmacies, convenience stores, and gas stations.

B. Existing Regulations: The Brentwood Municipal Code (BMC) does not have citywide development or operational standards regulating alcohol sales establishments. The BMC does, however, specify where alcohol sales establishments are allowed to operate in the City. Overall, the City’s zoning is not consistent on whether on- and off-sale alcohol sales are required to be approved by way of a conditional use permit, which would provide the City with discretionary review ability. For example, in the Downtown, most on- and off-sale alcohol sales (excluding bars) are permitted by right to sell alcohol up to 10:00 p.m. and then requires a Conditional Use Permit for sales after 10:00 p.m. In addition, all bars (Type 42 and Type 48 licenses) within the Downtown would require a Conditional Use Permit. In comparison, PD-6, Subarea RC (which governs properties in and around the Streets of Brentwood), allow for bars and restaurants as permitted uses with no hourly restrictions. Note that the BMC largely uses the term “liquor sales” to mean any business required to obtain an alcoholic beverage license from the Department of Alcoholic Beverage Control for the purpose of selling alcoholic beverages for consumption either on- or off-site.

C. Locations: Alcohol sales establishments are allowed in most commercial zoning districts and in certain Planned Development Zones. Below are two tables, with brief descriptions of the requirements for each zoning district allowing alcohol sales. The first table lists the zoning districts that allow on-sale and off-sale licenses without a Conditional Use Permit as an automatically permitted use. The second table lists the zoning districts that require a Conditional Use Permit for either on-sale or off-sale licenses.

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Alcohol Sales 3
Table 1 – Permitted by Right
Zoning Requirement
Downtown Specific Plan
(all areas)
Specialty off-sale liquor, including wine shops and
wine tasting, and restaurants serving alcoholic
beverages until 10:00 p.m. are permitted.

Brentwood Boulevard Specific
Plan (COIR, COI, and General
Commercial areas)
Restaurants operating between the hours of 7:00
am and 10:00 pm, including those that sell alcohol
for on-premise consumption, are permitted.

PD-3 (Subarea A) Supermarket, drugstore, restaurant, or similar use PD-3 (Subarea B) Supermarket, drugstore, restaurant, or similar use PD-5 (Subarea B) Supermarket, drugstore, restaurant, or similar use PD-6 (Subarea RC) Bar, tavern, cocktail lounge, and sit-down restaurants
PD-36 (Subarea B) Supermarket, drugstore, restaurant, or similar use PD-38 (Subarea A) Supermarket, drugstore, restaurant, or similar use PD-38 (Subarea F) Supermarket, drugstore, restaurant, or similar use PD-40 Restaurants, cafés, delis, sports bars, less than 10% of an individual building
PD-55 (Commercial Subareas 1
and 2) Supermarket, drugstore, restaurant, or similar use PD-56 (Subarea A) Restaurants and incidental microbrewery PD-56 (Subareas B and C) Microbreweries
PD-67 (Subareas A and D) Supermarket and drugstore
PD-67 (Subareas B and C) Supermarket, drugstores, and microbreweries Table 2 – CUP Required
Zoning Required for which types of sales
C-1 (Neighborhood Commercial) All on- and off-sale licenses C-2 (General Commercial) All on- and off-sale licenses
C-3 (Thoroughfare Commercial) All on- and off-sale licenses CR (Commercial Residential) All on- and off-sale licenses

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Alcohol Sales 4
Zoning Required for which types of sales
COB (Commercial
Office/Business) All on- and off-sale licenses
Downtown Specific Plan
All on-site and off-site alcoholic beverage sales
after 10:00 p.m. in addition to all bars and
nightclubs
Brentwood Boulevard Specific
Plan (COIR, COI, General
Commercial)
All on-site alcoholic beverage sales after 10:00
p.m. in addition to all off-site sales
Innovation Center/PA-1 (ECLI) All on- and off-sale licenses Innovation Center/PA-1 (TV/MU
and RC)
Off-sale liquor and on-sale bars and nightclubs,
and tasting rooms
PD-6 (Subarea RC) Off-sale convenience/liquor stores
PD-10 (Subareas A-C) All on-sale licenses and off-sale liquor stores PD-12 (Subarea A) All on- and off-sale licenses
PD-16 (Subarea A) All on- and off-sale licenses
PD-17 All on- and off-sale licenses
PD-18 All on- and off-sale licenses
PD-20 All on- and off-sale licenses
PD-34 All off-sale licenses and restaurants over 5,000 sq. ft.

PD-35 (Subarea B) All on- and off-sale licenses
PD-36 (Subarea A) All on- and off-sale licenses
PD-36 (Subarea B) Off-sale for liquor stores, and bars and lounges PD-38 (Subareas A and F) All off-sale liquor stores
PD-38 (Subareas B and E) All on- and off-sale licenses
PD-41 (Subareas A-D) All on- and off-sale licenses
PD-42 (Subareas B, C, E, and F) All on-sale licenses
PD-49 (Subareas A and C) All on-sale licenses
PD-55 Off-sale liquor stores, and sports bar, lounge,
nightclub and similar establishments

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Alcohol Sales 5
Zoning Required for which types of sales
PD-67 (Subareas A, B, C and D) On-sale and liquor stores PD-69 All on- and off-sale licenses
D. Potential Development Standards: As indicated above, there are no citywide development or operational standards regulating alcohol sales establishments in the Municipal Code. Only when a CUP is required has the City been able to consider applications on a case-by-case basis through the discretionary review process, but there are no regulations codified that City staff can apply during the review of a CUP or business license for alcohol sales. The development standards described below are some that are commonly employed by other cities.  Separation from Sensitive Uses. Cities will often require a minimum separation distance from sensitive uses, particularly for off-sale alcohol sales establishments like liquor stores. Sensitive uses may include schools (public and private), established churches or other places of worship, hospitals, convalescent homes, public parks, playgrounds, and/or other similar uses. A jurisdiction may adopt a distance separation standard for sensitive uses to make sure drinking establishments are not too close to schools or youth facilities to prevent access to alcoholic beverages by minors.

At the state level, Business and Professions Code § 23789 authorizes, but does not require, ABC to deny issuance of a retail license for premises located within the immediate vicinity of churches and hospitals, and within 600 feet of schools, public playgrounds, and/or nonprofit youth facilities.

One question to consider regarding schools as a sensitive use is if nursery schools and preschools should be treated in the same manner as K-12 schools.

On the one hand, the negative impacts from having a bar or liquor store in close proximity to a preschool or elementary school are the same (e.g., public intoxication, advertisement of alcohol use, etc.), but on the other hand, where K-12 schools are typically limited to residential or institutional zones, nursery schools and preschools are often permitted in a broader area, including the commercial zones where alcohol sales establishments are also allowed.

Furthermore, where K-12 schools are perhaps more fixed in their locations, nursery schools and preschools can spring up with greater frequency, given their ability to open in more areas of a city. With that in mind, should nursery schools and preschools be allowed to locate at a given site if the proposed location is too close to an existing on- or off-sale alcohol sales establishment for risk of making the alcohol sales establishment nonconforming due to proximity?
 Separation from Other Alcohol Sales Establishments. A city may adopt a distance separation standard between businesses that sell alcohol to prevent

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Alcohol Sales 6
an oversaturation of bars or night clubs in a particular area or a concentration of off-sale alcohol sales establishments like liquor stores and convenience stores that sell alcohol. Separation distances vary in other jurisdictions from 300 feet to 1,500 feet, and the separation requirement could be reduced for off-sale establishments like grocery stores where the sale of alcohol is incidental to the primary retail use.
 Hours of Operation. For any retail sales establishment with an ABC license, including restaurants, bars, grocery stores, pharmacies, liquor stores, etc., the sale of alcohol is prohibited from 2:00 a.m. to 6:00 a.m. daily. Specifically, Business and Professions Code § 25631 states that “Any on-sale or off-sale licensee, or agent or employee of that licensee, who sells, gives, or delivers to any persons any alcoholic beverage or any person who knowingly purchases any alcoholic beverage between the hours of 2 o’clock a.m. and 6 o’clock a.m. of the same day, is guilty of a misdemeanor.”
The City may wish to further regulate the operating hours of certain alcohol sales establishments like liquor stores. Alternatively, a provision could be applied whereby the City could restrict a specific off-sale establishment’s hours of operation if the business in deemed to be in violation of any conditions of its CUP or for other reasons determined to be good cause.

E. Survey of Other Cities
City Distance Separation
Requirements Exceptions
Antioch 500 feet from any other onsale or off-sale liquor establishments or any
school, public park,
playground, recreational
center, day care center, or
other similar use
 Retail markets having a
minimum 10,000 square feet
of floor area that devote no
more than 5% of such floor
area to the sale of alcohol
 Restaurants that derive a
minimum of 51% of their
gross receipts from the sale of
meals
 Special event functions such
as neighborhood or
community festivals
Livermore N/A N/A
Martinez Bars shall be an
“appropriate” distance from
religious facilities, schools,
public parks and
playgrounds, and other
similar uses
N/A
Oakley N/A N/A

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Alcohol Sales 7
City Distance Separation
Requirements Exceptions
Pittsburg N/A N/A
Stockton 500 feet from any:
 Public or private academic
school for students in
kindergarten through 12th
grade, nursery school,
preschool, or day-care
facility
 Public park, playground,
recreational area, or
youth facility
 Supermarkets and drug stores
that do not sell alcoholic
beverages as their principal
business
 Full-service restaurants
 Establishments where the onsite consumption of alcohol is an incidental or secondary
use, e.g., membership clubs,
social, veterans, or fraternal
organizations
 Established businesses prior
to effective date of ordinance
Walnut Creek N/A N/A
LUD Summary and Further Discussion
Overall, LUD recommended that staff bring the discussion forward to the entire City Council since the topic was so wide ranging and had the potential to impact a large number of businesses throughout the City. In addition, LUD requested that when the item be presented to the City Council that additional information and considerations be presented including the following:
• Provide suggested definitions that provide separate distinctions between K-12 schools, preschool, and after school care.
o Consistent with the recently approved Innovation Center Specific Plan definitions, staff recommends using the following definitions within alcoholregulating provisions for consistency:
 Day Care Center, Children means a facility (excluding residential childcare facilities) of any capacity that provides care and other services in a group setting during a portion of the day for children and licensed as such by the state of California.
 Private Educational Facilities means any 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.
 Public School Facilities means any publicly owned and operated elementary school, middle school, secondary school, high school, or

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Alcohol Sales 8
other institution providing academic instruction for students from kindergarten through twelfth (12th) grade pursuant to the California Education Code.

These definitions were requested by LUD to assist further discussion related to potential separation from sensitive uses. If the City Council wishes to consider adding separation requirements, then these uses would need to be better defined.
• Provide suggested definitions for markets, convenience stores, liquor stores, specialty markers with off-sale licenses.
o Consistent with the recently approved Innovation Center Specific Plan definitions, staff recommends using the following definitions for consistency:
 Food and Beverage Stores – Convenience Store means easy-access retail stores of 5,000 square feet or less in gross floor area that carry a range of merchandise oriented to convenience and travelers’ shopping needs. These stores may be part of a service station or an independent facility. Also see “Food and Beverage Stores – Neighborhood Market” and “Food and Beverage Stores – Grocery Store” for larger stores or stores oriented toward the daily shopping needs of residents.  Food and Beverage Stores – Grocery Store means a retail business of more than 15,000 square feet in size, where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the site of the store. These fullservice businesses do not typically have limited hours of operation. See separate but related listings for “Food and Beverage Store – Neighborhood market” and “Food and Beverage – Convenience store.”  Food and Beverage Stores – Liquor Store means a retail establishment that has fifty (50%) percent or more of the shelving or gross floor area devoted to the public display and sale of alcoholic beverages for off-site consumption.
 Food and Beverage Stores – Specialty Food & Wine means a retail store characterized by a limited number of high quality specialty food items and/or beverages typically including premium wine and beer.  Food and Beverage Stores – Neighborhood Market means a pedestrian-oriented grocery/specialty market store offering food products packaged for preparation and consumption away from the site of the store and oriented to the daily shopping needs of surrounding residential areas. Neighborhood markets are more than 5,000 square feet and less than 15,000 square feet in size and operate less than 18 hours per day. For larger stores, see “Food and Beverage Store –

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Alcohol Sales 9
Grocery Store.” Neighborhood markets may include deli or beverage tasting facilities that are ancillary to the market/grocery portion of the use.

These definitions were requested by LUD in order to make sure proposed amendments do not negatively impact potential economic growth and attraction of large merchants to the City. LUD recommended allowing offsite sales related to larger grocery stores, specialty food and wine stores and neighborhood markets while requiring Conditional Use permits for convenience markets where appropriate.
• Window Signage. For off-site retail establishments, stricter window signage regulations should be considered for advertisements of alcoholic beverages. • Location based Zoning. Consider individualized regulations for specific areas such as the Downtown, the Innovation Center, and PD-6 (Streets of Brentwood/Raley’s Center), while potentially creating one set of regulations for the rest of the City that would allow for consistency and more easily understood regulations.

On-Sale Licenses
Such regulations for the remaining areas of the City could include allowing byright on-sale restaurants to sell alcohol if they are not directly adjacent to sensitive uses. Uses adjacent to sensitive uses could potentially be permitted by-right if they maintain established hours of operation and close by a certain hour. Operations outside of the established hours would require Conditional Use Permit approval.

Off-Sale Licenses
New consistent regulations outside of the specified areas could also provide clarification and constancy related to off-site sales related to larger grocery stores, specialty food and wine stores and neighborhood markets, and convenience markets. Staff would recommend allowing by-right grocery stores, specialty food and wine stores, and neighborhood markets, while requiring a conditional use permit for all convenience stores and liquor stores.

A potential downside to these strategies however would be the potential to place new regulations on businesses and uses within the City in the zones identified in Table 1 that currently do not have operating restrictions, making many of the existing uses throughout the City non-conforming.

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Alcohol Sales 10
Requested Council Direction
In order to move forward with a focused update related to alcohol sales, staff needs direction on the recommended development standards and operational requirements for alcohol sales throughout the City. Staff has provided recommendations below and is requesting direction on the following:

2. Definitions: In addition, staff recommends that new definitions be created within alcohol-regulating provisions for the following:
• Day Care Center, Children
• Private Educational Facilities
• Public School Facilities
• Food and Beverage Stores – Convenience Store
• Food and Beverage Stores – Grocery Store
• Food and Beverage Stores – Liquor Store
• Food and Beverage Stores – Specialty Food & Wine
• Food and Beverage Stores – Neighborhood Market

4. Separation Requirements: Staff does not recommend implementing separation requirements from Child Day Care Centers at this time. Staff also recommends that all that the incidental sale of alcohol at all grocery stores, specialty food and wine stores and neighborhood markers be permitted byright where the use is allowed in the underlying zone.

5. CUPs: Staff recommends that all convenience stores and liquor stores be conditionally permitted where the use is allowed in the underlying zoning.

City Council Options
The following outlines the options for Council when considering the options for alcohol sales:

1. Support Staff Recommendation. If the City Council supports staff’s recommendations, staff will draft final language to be brought to the Planning

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Alcohol Sales 11
Commission for consideration and recommendation before being brought back to the City Council for final approval.

Potential Economic Development Impacts
Maintaining the current guidelines and ability for on-sale and off-sale of alcohol sales by supermarkets, restaurants, wine tasting, bars and night clubs in the Downtown, Innovation Center and PD-6 (Streets of Brentwood/Sand Creek Crossing) is important to the economic vitality of the city and enables such establishments to maximize the ability to be successful in areas that are highly visible and help attract other businesses to the City. Other than the Downtown, the Innovation Center and PD-6 are both located near the Highway 4 Bypass and offer businesses the ability to cater to both locals and visitors alike. In addition, such establishments are partially buffered from existing residential districts due to the proximity of the highway.

Elsewhere in the city, permitting on-sales establishments to sell alcohol unless they are directly adjacent to sensitive uses enables restaurants to sell with meals, maximizing their potential to bring in new customers in an economic market that has shown to be difficult in recent years. In addition, creating consistency across all other zones helps to provide more assurances to new business that may be “on the fence” about opening up a new restaurant under difficult market conditions. In addition, requiring a Conditional Use permit for all convenience markets and liquor stores also helps to minimize the proliferation of such uses across the city. This includes both gas stations and convenience stores, where the sale of alcohol should be based on securing a Conditional Use Permit.

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ATTACHMENT B - ACTIVE OFF-SALE ALCOHOL LICENSES
License Number Status
License Type Business Address Business Name
380602 ACTIVE 21 2400 SAND CREEK RD,BRENTWOOD, CA 94513-7058Census Tract: 3032.09 RALEYS 336391425 ACTIVE 21 1125 2ND ST,BRENTWOOD, CA 94513Census Tract: 3031.07 SAFEWAY STORE #1234397515 ACTIVE 21 3110 BALFOUR RD,BRENTWOOD, CA 94513Census Tract: 3032.10 SAFEWAY INC #2621413431 ACTIVE 21 6700 LONE TREE WY,BRENTWOOD, CA 94513Census Tract: 3032.09 WINCO 52415234 ACTIVE 20 5591 LONE TREE WY,BRENTWOOD, CA 94513Census Tract: 3032.07 CHEVRON 210444431872 ACTIVE 21 5451 LONE TREE WAY, SHOP J-1,BRENTWOOD, CA 94513Census Tract: 3032.07 TRADER JOES438199 ACTIVE 20 2155 ELKINS WAY, # C,BRENTWOOD, CA 94513Census Tract: 3031.06 TAMAYO FAMILY VINEYARDS475109 ACTIVE 21 7351 BRENTWOOD BLVD, STE G,BRENTWOOD, CA 94513-7318Census Tract: 3031.05 J K MARKET INC477690 ACTIVE 21 3171 BALFOUR RD,BRENTWOOD, CA 94513-2962Census Tract: 3032.04 CVS PHARMACY STORE 4283477696 ACTIVE 21 1175 2ND ST,BRENTWOOD, CA 94513-2213Census Tract: 3031.07 CVS PHARMACY STORE 9511485146 ACTIVE 20 8560 BRENTWOOD BLVD,BRENTWOOD, CA 94513-1654Census Tract: 3031.07 LA CHARRITA MARKET503569 ACTIVE 20 6570 LONE TREE WAY,BRENTWOOD, CA 94513-5257Census Tract: 3032.09 WALGREENS 09978522515 ACTIVE 21 2271 BALFOUR RD,BRENTWOOD, CA 94513-4923Census Tract: 3032.06 WALGREENS 9102524099 ACTIVE 21 7820 BRENTWOOD BLVD,BRENTWOOD, CA 94513-1039Census Tract: 3031.06 DOLLAR GENERAL #13586547684 ACTIVE 20 7920 BRENTWOOD BLVD,BRENTWOOD, CA 94513-1004Census Tract: 3031.06 BRENTWOOD PETROLEUM557549 ACTIVE 20 6481 LONE TREE WAY,BRENTWOOD, CA 94513-5367Census Tract: 3032.09 STRAUCH & COMPANY559816 ACTIVE 20 2325 SAND CREEK RD,BRENTWOOD, CA 94513-7173Census Tract: 3032.09 SPROUTS FARMERS MARKET #404564021 ACTIVE 21 8750 BRENTWOOD BLVD,BRENTWOOD, CA 94513Census Tract: 3031.07 #3046 565143 ACTIVE 20 6031 LONE TREE WAY,BRENTWOOD, CA 94513-5382Census Tract: 3032.09 JEFFREY WAL SHELL603825 ACTIVE 20 6970 BRENTWOOD BLVD,BRENTWOOD, CA 94513-2122Census Tract: 3031.06 SUNSET AM PM614586 ACTIVE 21 7610 BRENTWOOD BLVD,BRENTWOOD, CA 94513Census Tract: 3031.06 GROCERY OUTLET 616939 SUREND 20 5931 LONE TREE WAY,BRENTWOOD, CA 94513-5573Census Tract: 3020.09 7 ELEVEN 38737A619199 ACTIVE 21 6700 BRENTWOOD BLVD,BRENTWOOD, CA 94513-5725Census Tract: 3031.06 EXTRAMILE622317 ACTIVE 21 6750 BRENTWOOD BLVD,BRENTWOOD, CA 94513-2120Census Tract: 3031.06 BRENTWOOD GAS & MORE623032 ACTIVE 21 6935 LONE TREE WAY,BRENTWOOD, CA 94513-5403Census Tract: 3032.02 TRI CITY AUTO PLAZA624595 ACTIVE 20 7460 BRENTWOOD BLVD,BRENTWOOD, CA 94513Census Tract: 3031.06 7 ELEVEN 38723A 628352 ACTIVE 21 3940 WALNUT BLVD, STE A,BRENTWOOD, CA 94513-1229Census Tract: 3032.02 QUIK STOP MARKET #550149631658 ACTIVE 21 2250 BALFOUR RD,BRENTWOOD, CA 94513-4926Census Tract: 3040.01 HARBOR PETROLEUM INC634686 ACTIVE 21 336 OAK ST,BRENTWOOD, CA 94513-1363Census Tract: 3031.07 H&S ENERGY PRODUCTS, LLC STORE #3082637498 ACTIVE 20 6860 LONE TREE WAY,BRENTWOOD, CA 94513Census Tract: 3032.09 ROTTEN ROBBIE #68638363 ACTIVE 21 8401 LONE TREE WY,BRENTWOOD, CA 94513-2103Census Tract: 3031.04 NXT LVD, BRENTWOOD LIQUOR, BRENTWOOD FOOD MART642014 ACTIVE 21 2371 BALFOUR RD,BRENTWOOD, CA 94513Census Tract: 3032.06 CHEVRON #1761642602 ACTIVE 21 4461 BALFOUR RD,BRENTWOOD, CA 94513-1557Census Tract: 3032.04 FOOD MAXX #480643257 ACTIVE 20 3940 WALNUT BLVD, STE A,BRENTWOOD, CA 94513-1229Census Tract: 3032.02 QUIK STOP MARKET #149643337 ACTIVE 21 5931 LONE TREE WAY,BRENTWOOD, CA 94513-5573Census Tract: 3020.09 7-ELEVEN #38737654034 ACTIVE 20 190 GRIFFITH LN,BRENTWOOD, CA 94513Census Tract: 3032.11655317 ACTIVE 21 50 SAND CREEK RD, STE 36,BRENTWOOD, CA 94513-2092Census Tract: 3031.05 LOS MEXICANOS FAMILY MARKET INC.

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ATTACHMENT A - ACTIVE ON-SALE ALCOHOL LICENSES
License Number Status
License Type Business Address Business Name
349751 ACTIVE 47 144 OAK ST,BRENTWOOD, CA 94513Census Tract: 3031.07 CAPS OAK ST BAR & GRILL380602 ACTIVE 41 2400 SAND CREEK RD,BRENTWOOD, CA 94513-7058Census Tract: 3032.09 RALEYS 336397515 ACTIVE 86 3110 BALFOUR RD,BRENTWOOD, CA 94513Census Tract: 3032.10 SAFEWAY INC #2621413431 ACTIVE 86 6700 LONE TREE WY,BRENTWOOD, CA 94513Census Tract: 3032.09 WINCO 52426828 ACTIVE 77 8065 BRENTWOOD BLVD, STE 6,BRENTWOOD, CA 94513-1169Census Tract: 3031.05 TAILGATERS SPORTS BAR & GRILL426828 ACTIVE 58 8065 BRENTWOOD BLVD, STE 6,BRENTWOOD, CA 94513-1169Census Tract: 3031.05 TAILGATERS SPORTS BAR & GRILL426828 ACTIVE 47 8065 BRENTWOOD BLVD, STE 6,BRENTWOOD, CA 94513-1169Census Tract: 3031.05 TAILGATERS SPORTS BAR & GRILL426828 ACTIVE 68 8065 BRENTWOOD BLVD, STE 6,BRENTWOOD, CA 94513-1169Census Tract: 3031.05 TAILGATERS SPORTS BAR & GRILL436258 ACTIVE 41 2013 ELKINS WY, STE A1,BRENTWOOD, CA 94513-7380Census Tract: 3031.06 SCOTTIES436339 ACTIVE 41 5401 LONETREE WY, STE 150,BRENTWOOD, CA 94513Census Tract: 3032.07 LONETREE THAI CUISINE438651 ACTIVE 47 801 FOOTHILL DR,BRENTWOOD, CA 94513Census Tract: 3040.01 DEER RIDGE GOLF CLUB454032 ACTIVE 47 6580 LONE TREE WAY,BRENTWOOD, CA 94513-5257Census Tract: 3032.09 MELOS PIZZA & PASTA459565 ACTIVE 47 2270 BALFOUR RD,BRENTWOOD, CA 94513Census Tract: 3040.01 VIC STEWARTS461425 ACTIVE 42 633 1ST ST,BRENTWOOD, CA 94513-1322Census Tract: 3031.07 BRENTWOODS CO CO COUNTY WINE COMPANY470880 ACTIVE 47 2385 SAND CREEK RD,BRENTWOOD, CA 94513-7173Census Tract: 3032.09 RED ROBIN BURGER & SPIRITS EMPORIUMS480954 ACTIVE 41 5411 LONE TREE WAY, # 110,BRENTWOOD, CA 94513-5351Census Tract: 3032.07 KINDERS MEATS DELI BBQ BW481065 ACTIVE 47 1700 TRILOGY PKWY,BRENTWOOD, CA 94513Census Tract: 3551.12 CLUB LOS MEGANOS483435 ACTIVE 41 6680 LONE TREE WAY,BRENTWOOD, CA 94513-5308Census Tract: 3032.09 STRAW HAT PIZZA486304 ACTIVE 41 8383 LONE TREE WAY,BRENTWOOD, CA 94513-2185Census Tract: 3031.04 LONE TREE DRIVE IN511387 ACTIVE 41 5401 LONE TREE WAY , STE 100,BRENTWOOD, CA 94513-5361Census Tract: 3032.07 CHIPOTLE MEXICAN GRILL511501 ACTIVE 41 2540 SAND CREEK RD, STE A-5,BRENTWOOD, CA 94513-7091Census Tract: 3032.07 BEACH HUT DELI511507 ACTIVE 47 2365 SAND CREEK RD,BRENTWOOD, CA 94513-7173Census Tract: 3032.09 BJ'S RESTAURANT518615 ACTIVE 47 6051 LONE TREE WAY,BRENTWOOD, CA 94513-5382Census Tract: 3032.09 BUFFALO WILD WINGS525051 ACTIVE 47 2355 SAND CREEK RD,BRENTWOOD, CA 94513Census Tract: 3032.09 BLACK ANGUS530273 ACTIVE 41 1185 2ND ST, STE M,BRENTWOOD, CA 94513-2299Census Tract: 3031.05 MOUNTAIN MIKES PIZZA532162 ACTIVE 41 3120 BALFOUR RD, STE F,BRENTWOOD, CA 94513-5514Census Tract: 3032.10 EXTREME PIZZA536438 ACTIVE 41 1135 SECOND ST, #A,BRENTWOOD, CA 94513-2291Census Tract: 3031.07 DADS'S CAFE540746 ACTIVE 47 100 SUMMERSET DR,BRENTWOOD, CA 94513-6426Census Tract: 3032.10 GOLF CLUB AT BRENTWOOD THE540746 ACTIVE 68 100 SUMMERSET DR,BRENTWOOD, CA 94513-6426Census Tract: 3032.10 GOLF CLUB AT BRENTWOOD THE540746 ACTIVE 58 100 SUMMERSET DR,BRENTWOOD, CA 94513-6426Census Tract: 3032.10 GOLF CLUB AT BRENTWOOD THE541280 ACTIVE 41 5611 LONE TREE WAY, STE 120,BRENTWOOD, CA 94513-5315Census Tract: 3032.07 CHAMAN KABOB RESTAURANT548216 ACTIVE 58 311 OAK ST,BRENTWOOD, CA 94513-1338Census Tract: 3031.07 311 OAK STREET PUB548216 ACTIVE 47 311 OAK ST,BRENTWOOD, CA 94513-1338Census Tract: 3031.07 311 OAK STREET PUB550462 ACTIVE 47 6611 BRENTWOOD BLVD,BRENTWOOD, CA 94513-2173Census Tract: 3031.04 EL CAMINO RESTAURANT552151 ACTIVE 41 5411 LONE TREE WAY, STE 100,BRENTWOOD, CA 94513-5356Census Tract: 3032.07 MOD PIZZA561500 ACTIVE 48 613 1ST ST, STE 107,BRENTWOOD, CA 94513-1397Census Tract: 3031.07 CROWN & CROW

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561621 ACTIVE 47 2525 SAND CREEK RD,BRENTWOOD, CA 94513-7175Census Tract: 3032.09 AMC BRENTWOOD 14 567978 ACTIVE 47 613 1ST ST, STE 100,BRENTWOOD, CA 94513-1316Census Tract: 3031.07 ZEPHYR GRILL & BAR568605 ACTIVE 47 5601 LONE TREE WAY, STE 150,BRENTWOOD, CA 94513-5378Census Tract: 3032.07 MARISCOS ACUARIO SEAFOOD AND GRILL569243 ACTIVE 41 5401 LONE TREE WAY, STE 130,BRENTWOOD, CA 94513Census Tract: 3032.07 H2O INVESTMENT, INC (BLUEFIN SUSHI)572442 ACTIVE 47 8335 BRENTWOOD BLVD, STE B,BRENTWOOD, CA 94513-1100Census Tract: 3031.07 JALISCO'S RESTAURANT573809 ACTIVE 47 2485 SAND CREEK RD, STE 140,BRENTWOOD, CA 94513-7179Census Tract: 3032.07 ATTRAVERSIAMO573809 ACTIVE 58 2485 SAND CREEK RD, STE 140,BRENTWOOD, CA 94513-7179Census Tract: 3032.07 ATTRAVERSIAMO573915 ACTIVE 47 71 SANDCREEK RD, STE A,BRENTWOOD, CA 94513Census Tract: 3031.05 LA HACIENDA GRILL583374 ACTIVE 41 8610 BRENTWOOD BLVD, STE G,BRENTWOOD, CA 94513-5657Census Tract: 3031.07 CHINA GARDEN RESTAURANT589462 ACTIVE 47 3850 BALFOUR RD, STE Q,BRENTWOOD, CA 94513-1661Census Tract: 3032.11 CHAPALA MEXICAN RESTAURANT590500 ACTIVE 47 642 1ST ST,BRENTWOOD, CA 94513-1309Census Tract: 3031.07 LA FUENTE MEXICAN RESTAURANT & BLUE IGUANA BAR594947 ACTIVE 41 4550 BALFOUR RD, STE E & F,BRENTWOOD, CA 94513-1515Census Tract: 3032.11 AMECI PIZZA KITCHEN BRENTWOOD, INC.600133 ACTIVE 47 3111 BALFOUR RD, STE A,BRENTWOOD, CA 94513-2891Census Tract: 3032.04 CHIANTI'S600596 ACTIVE 47 2505 SAND CREEK RD, # 108,BRENTWOOD, CA 94513-7183Census Tract: 3032.09 CREASIAN WOK AND ROLL601360 ACTIVE 41 234A OAK ST,BRENTWOOD, CA 94513-1337Census Tract: 3031.07 BRENTWOOD CRAFT BEER AND CIDER601936 ACTIVE 41 3101 BALFOUR RD, STE A,BRENTWOOD, CA 94513-2998Census Tract: 3032.04 KYUZOU603858 ACTIVE 41 6660 LONE TREE WAY, STE # 5,BRENTWOOD, CA 94513-5310Census Tract: 3032.09 EL TACO FACTORY604485 ACTIVE 42 2545 SAND CREEK RD , # 136,BRENTWOOD, CA 94513-7189Census Tract: 3032.09607097 ACTIVE 47 380 W COUNTRY CLUB DR, STE J, K, L,BRENTWOOD, CA 94513-4235Census Tract: 303 MISAKA SUSHI-RAMEN-BAR608041 ACTIVE 42 2411 EMPIRE AVE, STE 101 & 102,BRENTWOOD, CA 94513-5301Census Tract: 3020.09HOP ASYLUM 609259 ACTIVE 41 7876 BRENTWOOD BLVD,BRENTWOOD, CA 94513Census Tract: 3031.06 CIELO MAR TIERRA609500 ACTIVE 41 622 1ST ST,BRENTWOOD, CA 94513-1323Census Tract: 3031.07 CHELSEA613951 ACTIVE 41 41 SAND CREEK RD, STE C,BRENTWOOD, CA 94513-7321Census Tract: 3031.05 TAQUERIA EL TARASCO614459 ACTIVE 41 3101 BALFOUR RD, STE F,BRENTWOOD, CA 94513-2998Census Tract: 3032.04 TAQUIZA LIMON614693 ACTIVE 41 380 W COUNTRY CLUB DR, STE A & B,BRENTWOOD, CA 94513-4235Census Tract: 303 MOUNTAIN MIKE'S PIZZA615925 ACTIVE 47 6367 LONE TREE WAY,BRENTWOOD, CA 94513-5313Census Tract: 3032.09 SHIRASONI JAPANESE RESTAURANT616068 SUREND 41 8540 BRENTWOOD BLVD,BRENTWOOD, CA 94513Census Tract: 3031.07 EL GALLITO DRIVE INN617283 ACTIVE 77 2010 ELKINS WAY #120,BRENTWOOD, CA 94513Census Tract: 3031.03 FOUR LEGS BREWING617415 ACTIVE 41 2500 SAND CREEK RD, STE A,BRENTWOOD, CA 94513-7059Census Tract: 3032.07 SUN KITCHEN ASIAN BISTRO625791 SUREND 47 2505 SAND CREEK RD, STE 120,BRENTWOOD, CA 94513Census Tract: 3032.09 FIRE WINGS BRENTWOOD626014 ACTIVE 41 2540 SAND CREEK RD,BRENTWOOD, CA 94513Census Tract: 3032.07 ROUND TABLE PIZZA626108 ACTIVE 40 8300 BRENTWOOD BLVD, # B&C,BRENTWOOD, CA 94513-1172Census Tract: 3031.07 PINE STREET COUNTRY CLUB626777 ACTIVE 41 6670 LONE TREE WAY, STE 5,BRENTWOOD, CA 94513-5391Census Tract: 3032.09 NEKO SUSHI627702 ACTIVE 41 2300 SAND CREEK RD, STE G1,BRENTWOOD, CA 94513-5651Census Tract: 3032.09 YUMMY HOUSE628227 ACTIVE 47 5000 BALFOUR RD,BRENTWOOD, CA 94513Census Tract: 3031.07 HARVEST PARK BOWL628461 ACTIVE 41 7710-7760 BRENTWOOD BLVD, STE 7760-E,BRENTWOOD, CA 94513Census Tract: 303AHZEETU KOREAN BISTRO629317 ACTIVE 41 4441 BALFOUR RD A,BRENTWOOD, CA 94513-1409Census Tract: 3032.02 ENISHI KITCHEN630060 ACTIVE 47 235 OAK ST,BRENTWOOD, CA 94513-1336Census Tract: 3031.07 RUBIANOS634070 ACTIVE 41 729 1ST ST, STE C,BRENTWOOD, CA 94513-1303Census Tract: 3031.07 BOONDOGGIES, LLC634348 ACTIVE 41 2390 FAIRVIEW AVE, STE A,BRENTWOOD, CA 94513-5572Census Tract: 3032.02 TAQUERIA CHAPALA

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634719 ACTIVE 41 2261 BALFOUR RD, STE C,BRENTWOOD, CA 94513-4946Census Tract: 3032.02 MI JALISCOS TAQUERIA 634870 ACTIVE 58 6670 LONE TREE WAY, STE 1 & 2,BRENTWOOD, CA 94513-5391Census Tract: 3032.09 WENCE HOUSE CALIFORNIA CUISINE634870 ACTIVE 47 6670 LONE TREE WAY, STE 1 & 2,BRENTWOOD, CA 94513-5391Census Tract: 3032.09 WENCE HOUSE CALIFORNIA CUISINE635556 ACTIVE 41 609 1ST ST, STE B,BRENTWOOD, CA 94513-1322Census Tract: 3031.07 STICKY CHICKEN & RIBS636500 ACTIVE 47 220 OAK ST,BRENTWOOD, CA 94513-1337Census Tract: 3031.07 LOUNGE ON OAK ST THE637617 ACTIVE 41 741 2ND ST,BRENTWOOD, CA 94513-1352Census Tract: 3031.07 DINO'S SANDWICH SHOP637940 ACTIVE 47 401 W COUNTRY CLUB DR,BRENTWOOD, CA 94513-5058Census Tract: 3032.06638762 ACTIVE 41 5611 LONE TREE WAY, STE 160,BRENTWOOD, CA 94513-5379Census Tract: 3032.07 M&C RESTAURANT639213 ACTIVE 41 335 OAK ST,BRENTWOOD, CA 94513-1331Census Tract: 3031.07 LA COSTA TAQUERIA643060 ACTIVE 47 2475 SAND CREEK RD, UNIT 112,BRENTWOOD, CA 94513-7178Census Tract: 3032.07 VINE AND GRAIN644549 ACTIVE 41 8610 BRENTWOOD BLVD, STE F,BRENTWOOD, CA 94513-5657Census Tract: 3031.07 TORO VIEJO TAQUERIA645418 ACTIVE 41 561 1ST ST,BRENTWOOD, CA 94513-1320Census Tract: 3031.07 EMPORIUM THE645688 ACTIVE 41 655 1ST ST,BRENTWOOD, CA 94513-1322Census Tract: 3031.07 MJ'S DOWNTOWN CAFE646478 ACTIVE 41 2505 SAND CREEK RD, # 112,BRENTWOOD, CA 94513-7183Census Tract: 3032.09 DUMPLING HOURS647785 ACTIVE 41 6700 BRENTWOOD BLVD,BRENTWOOD, CA 94513-5725Census Tract: 3031.06 CHICAGOS PIZZA WITH A TWIST648208 ACTIVE 41 6061 LONE TREE WAY, STE A,BRENTWOOD, CA 94513-5262Census Tract: 3032.09 CHUCK E. CHEESE'S648464 ACTIVE 41 7580 BRENTWOOD BLVD,BRENTWOOD, CA 94513Census Tract: 3031.06 CHIPOTLE MEXICAN GRILL STORE #3928648726 ACTIVE 41 4411 BALFOUR RD, STE A,BRENTWOOD, CA 94513-1526Census Tract: 3032.04 ALADINOS PIZZA650661 ACTIVE 47 301 OAK ST,BRENTWOOD, CA 94513Census Tract: 3031.07 LOCANDA CAPRI656366 ACTIVE 41 7400 BRENTWOOD BLVD,BRENTWOOD, CA 94513Census Tract: 3031.06 DENNY'S

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Chapter 17.695 ALCOHOL SALES ESTABLISHMENTS

17.695.001 Intent and purpose of chapter.

A. Intent. This chapter is intended to provide special provisions and development standards to regulate on-sale alcohol sales in order to minimize the negative secondary effects associated with alcohol sales and consumption which can be brought about by the concentration of alcohol sales establishments in close proximity to each other or in proximity to other incompatible uses, including schools (public and private) and residentially zoned districts or uses. This chapter shall be applicable to all properties in the City except for properties within the Downtown Specific Plan, the PA-1 Specific Plan Area (Innovation Center), and PD-6. Regulations for properties located within the Downtown Specific Plan, the PA-1 Specific Plan Area (Innovation Center), and PD-6 shall be found in each of their respected Code sections.

B. Purpose. It is, therefore, the purpose of this chapter to:

1. Establish reasonable and uniform regulations to prevent the concentration of alcohol sales establishments or their close proximity to incompatible uses, while allowing the location of alcohol sales establishments in certain areas; and

2. Regulate alcohol sales in order to promote the health, safety, and general welfare of the citizens of the city.

17.695.002 Definitions.

The following terms and phrases are defined for the purposes of this chapter:
“Private educational facilities” means any 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.
“Public school facilities” means any publicly 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.

17.695.003 Minimum proximity to schools.

No on-sale alcohol sales establishment shall be located within a five hundred (500) foot radius from any existing school (public or private), except within the areas defined as the Downtown Specific Plan, the PA-1 Specific Plan Area (Innovation Center), and PD-6 for which no minimum separation distance from schools shall be required. The distance between a proposed on- or off-sale alcohol sales establishment

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and an existing school shall be measured from the nearest exterior wall of the facility housing the alcohol sales establishment or proposed alcohol sales establishment to the nearest property line where the school is located, along a straight line extended between the two points.

17.695.004 Conditional use permit and proximity to residential uses.

No conditional use permit shall be required for an on-sale alcohol sales establishment except for the following:

A. Within 100 feet of a residential zoning district or use. If an on-sale alcohol sales establishment is within one hundred (100) feet of any existing residential zoning district or use then a conditional use permit shall be required. The distance between the proposed on-sale alcohol sales establishment and a residential zoning district or use shall be measured from the nearest exterior wall of the facility housing the alcohol sales establishment or proposed alcohol sales establishment to the nearest property line included within a residential zoning district or property in current residential use, along a straight line extended between the two points; or
B. Within 300 feet of a residential zoning district or use and open after 10:00 P.M.

If an on-sale alcohol sales establishment is within three hundred (300) feet of any existing residential zoning district or use and open after 10:00 P.M. then a conditional use permit shall be required. The distance between the proposed on-sale alcohol sales establishment and a residential zoning district or use shall be measured from the nearest exterior wall of the facility housing the alcohol sales establishment or proposed alcohol sales establishment to the nearest property line included within a residential zoning district or property in current residential use, along a straight line extended between the two points.

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C-2
PD-63
R-3
PF
PD-41
PD-38
C-3
PD-59
PD-65
PD-29
R-1-8
PD-35
R-1-10
PD-36
PD-26
PD-4
R-1
PD-62
CO
PD-2
PD-25
R-1-10
R-2
PD-5
PD-8
PD-43
PF
R-3
PD-17
PD-24
PD-12
PD-13
PD-16
PD-47
PD-69 C-1
R-1-8 PD-7
PD-34
R-1-E
PF
PD-49
PD-21
R-1
PD-14
PD-3
PD-33
PD-31
CO
PD-20
PD-64
PD-18
PD-67
PD-22
R-1-E
PD-9
PF
PD-1
PD-15
PD-44
R-1-6
PD-11 PD-61
PD-30
R-1
PD-45
PD-50
PF
PD-56
PD-28
PD-71
PD-40
PD-55
PD-58
BBSP
PD-42
C-2
RE
R-2
PD-23
PD-46
PD-60
PD-37 PD-39
R-1-10
PD-66 R-1-E
PD-10
PD-27
PD-19
PD-54
PD-68
R1-12
R-1-12
PD-72 DT
PF
PD-6
PA-1
PD-53
R-2
Shady Oak Dr
Sterling Hill Dr
Prewett Ranch Rd
Fawn HillWay
Europena Dr
Groves Dr
Ventura Dr
R id
g
e
v
ei
w
D
r
Harvest Park Dr
McFarlanRanch Dr
Summerwood Dr
Prominent Dr
Randy Way
Deerspring Way
CrispinDr
Fremont Peak Dr
Solera St
Double KR
d
California Trl
Coral
B
ell W
a
y
Breakwater Way
St Augustine Dr
Gamay Way
Palomin
o
Way
Brown Rd
Eagle Rock Ave
Douglas Rd
Marina Way Winesap Dr
Elkins Way
Milford St
Atherton Blvd
F
ra
n
klin
Dr
Hill Ave
Prewett Ranch Dr
Jubilee Dr
Pomona
Dr
Catanzaro Way
Meadow Brook Dr
Latour Ave
D
y
n
asty Dr
Hudson
D
r
Wa
tervilleDr
Upton Pyne
Dr
Big Basin Dr
Neroly Pvt Rd
Castellina Dr
Torrey
Pines Dr
Ro
u
ndhill
D
r
Kent Dr
Braemar St
S
e
t
w
a
r
W
t
ay
SummerfieldDr
Mills Dr
O'Hara Ave
Corte Vista
S
t
Anastasia Dr
S
u
mme
rs
e
t
D
r
Armstrong Rd
Simoni Ranch Rd
Slatten
Ranch
Rd
Arlington Way
Reserve Dr
Miwok Ave
Daffodil Dr
Claremont Dr
Putter Dr
1st St
Stonewood
D
r
Redhaven St
Vintage Cir
Trl
St Regis Ave
Spanish Bay Dr
E Country
C
ul
b Dr
Highland Way
Dainty Ave
Main St
Vintage Dr
Centennial Dr
2nd St
Marjoram Dr
John
M
ui
r
Pkwy
Diablo Way
P
e
b
ble
B
e
ach Dr
Apricot Way
M
o
u
n
t
ain
View D
Ame
r
rican Ave
Valley Green Dr
Laurel Rd
Regent Dr
Spruce St
McClarren Rd
Walnut Blvd
Crescent Dr
Baldwin Dr
Rut
h
e
rford
C ir
Country Hills Dr
Sycamore Ave
Malicoat Ave
Central Blvd
Palmillia Dr
Spyglass Dr
Canada Valley Rd
Continente Ave
Sunset Rd
Presidio Dr
Walnut Ave
Oak St
Lakeview Dr
Heidorn Ranch Rd
Brownstone Rd
WCountry Club Dr
Ohara Ave
Grant St
C
re
e
k
Rd
Delta Rd
Fairview Ave
Old Sand Creek Rd
Sand Creek Rd
Chestnut St
Foothill
Dr
Carpenter Rd
Marsh Creek Rd
Neroly Rd
A
p
ple
Hill D
r
Empire Rd
Garin Pkwy
Vista
G
r
a
n
d
e
D
r
Vineyard Pkwy
E
m
pir
e
Av
e
Balfour Rd
Hillcrest Ave
Vasco Rd
San Jose Ave
M
a
rs
h
Creek Trl
Saint Andrews Dr
Eureka Ave
Minnesota Ave
Payne Ave
S
t
a
t
e
R
t
e
4 Marsh
Cre
e
k
R
e
g
oi n
al Trl
Briones Valley Rd
Concord Ave
Lone Tree Way
Brentwood Blvd
Sellers Ave
0 1,000 2,000
US Feet
±
Source: City of Brentwood. Map date: May 28, 2025.

CITY OF BRENTWOOD
School Locations with 500-ft Buffer
LEGEND
School
School 500-ft Buffer
Brentwood City Limits
City of Brentwood Zoning
BBSP
C
CO
DT
PD
PF
R
R1
RE

Page 284 of 306 ends

Brentwood City CouncilMarch 10, 2026

Brentwood City Council
March 10, 2026