MARCH 31, 2026, 7:00 PM
SPECIAL CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS, 150 CITY PARK WAY
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* City Council Members will be participating from the Council Chamber. Members of the public are invited to attend and participate at: the Council Chambers, 150 City Park Way, Brentwood CA As a courtesy and technology permitting, members of the public may provide remote public comment during public hearings and on business items via the City’s Zoom Platform. However, the City cannot guarantee that the public’s access to teleconferencing technology will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue. In addition, the Zoom participation option is provided to the public as a courtesy in order to facilitate participation. If Zoom participation is not enabled, the meeting will continue with public attendance in person only. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person.
HOW TO PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:
1. IN PERSON:
a. Members of the public can provide in-person comments in the Council Chambers.
Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chambers will have seating available for members of the public to attend in person up to full seating capacity.
2. REMOTE (if enabled): Remarks by members of the public participating via Zoom are limited to speaking on items listed under public hearings; business items; and requests for future agendas items, existing requests. Zoom participation during the general public comment period will not be accepted, except in the event a City Council Member is participating remotely under the provisions of Government Code § 54953 (f). a. Zoom: www.brentwoodca.gov/vcc or Zoom Webinar ID: 760 1397 0037 b. Zoom Phone Numbers. Dial Toll Free: (833) 548-0276 or (833) 548-0282 or (877) 853-5247.
c. During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. (If you need instructions on how to use this feature, please contact the City Clerk by noon of the meeting date at [email protected] or 925.516.5182.)
3. E-MAIL
a. Public comments can also be submitted via e-mail to [email protected].
Any public comments received up until 3:00 p.m. of the meeting date will be:
1. distributed to the Council via email before the meeting,
2. posted online for public inspection at www.brentwoodca.gov/meetings and
3. later summarized in the meeting minutes.
b. As e-mails containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your e-mail.
4. TO WATCH OR LISTEN ONLY:
a. The public may view the meeting via one-way video feed by selecting the video option at the City Council Agendas’ link on the City webpage at www.brentwoodca.gov or via the City’s YouTube Channel: https://www.youtube.com/c/cityofbrentwoodca
CITY COUNCIL/SUCCESSOR AGENCY SPECIAL MEETING AGENDA
Zoom Webinar ID: 760 1397 0037
March 31, 2026, 7:00 p.m.
City Council Chambers
150 City Park Way
Brentwood, CA 94513
City Council Zoom Link
A. CALL TO ORDER & ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. PRESENTATIONS
C.1 America 250 Celebration
D. PUBLIC COMMENTS
Pursuant to Council/Administrative Policy, Meeting Rules and Procedures section 5.2 (Decorum Generally – Public), comments by members of the public are generally limited to five minutes, or less time if a large number of speakers is anticipated, or if approved by the Mayor. Speakers desiring answers to questions should direct them to the Council/Successor Agency and, if relevant, they may direct them to the appropriate staff member. Speakers can also follow up directly with staff during regular City business hours.
Please file a speaker’s card with the City Clerk on the form provided on the counter at the back of the Chambers.
During this portion of the meeting those present in the Council Chambers are permitted to speak on items that are listed under Presentations; Informational Reports; Consent Calendar; Requests for Future Agenda Items- New Items; or items not on the agenda during this portion of the meeting. Public comments for scheduled agenda items should wait until that time.
In order to ensure that all speakers feel welcome to share their views, members of the audience are kindly requested to refrain from applauding or speaking to the Council from the audience without being called upon first.
Zoom participation during this general public comment period will not be accepted.
E. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES, LIAISONS, AND STAFF This portion of the agenda is to provide an opportunity for Council Members to report on attendance at events, subcommittee meetings, and entities on which the Council Member has been appointed as a liaison and for staff to provide brief updates and/or information to the City Council.
F. CONSENT CALENDAR
All matters listed on the consent calendar are considered routine in nature and will be enacted by one motion. If discussion is required, that particular item will be removed from the consent calendar and will be considered separately.
F.1 Meeting Minutes of the City Council
City Council/Successor Agency Meeting Minutes of March 10, 2026 F.2 Proclamation recognizing March 24, 2026 as National Agriculture Day F.3 Proclamation recognizing March 29, 2026 as National Vietnam War Veterans Day F.4 Proclamation recognizing March 31, 2026 as National Farm Workers Day F.5 Proclamation recognizing April 2026 as American Muslim Appreciation and Awareness Month
F.6 Proclamation recognizing April 2026 as Arab Heritage Month F.7 Proclamation recognizing April 2026 as Autism Acceptance Month F.8 Proclamation recognizing April 2026 as Diversity Month F.9 Proclamation recognizing April 9, 2026 as National Former Prisoner of War Recognition Day
F.10 Review and approval of the Housing Element Annual Progress Report for calendar year 2025
Title/Recommendation
Adopt a resolution finding that the Annual Progress Report accurately reflects the Housing Element implementation for calendar year 2025; accepting the report as required by the State of California; and directing staff to forward the report to the Governor's Office of Land Use and Climate Innovation (LUCI) and the State Department of Housing and Community Development (HCD).
F.11 Consideration of a resolution documenting the City Council’s review and approval of the General Plan Annual Progress Report for calendar year 2025 Title/Recommendation
Adopt a resolution finding that the Annual Progress Report accurately reflects the General Plan implementation for calendar year 2025; accepting the report as required by the State of California; and directing staff to forward the report to the Governor's Office of Land Use and Climate Innovation and the State Department of Housing and Community Development.
F.12 A Resolution approving an Affordable Housing Agreement between the City of Brentwood and WCHB Development, LLC for the Stonebrook at Bridle Gate (Subdivision 9586) project and authorizing the City Manager to sign the Agreement
Title/Recommendation
Adopt a resolution approving an Affordable Housing agreement between the City of Brentwood and WCHB Development, LLC for the Stonebrook at Bridle Gate (Subdivision 9586) and authorizing the City Manager to sign the Agreement and such other documents as may be needed to complete the transaction.
F.13 Informational Report on Final Map of Subdivision No. 9649, Orchard Grove North project developed by Shea Homes, Limited Partnership (LP)
Title/Recommendation
Receive and file an Informational Report on the City Manager’s approval of the Final Map for Subdivision No. 9649, Orchard Grove North, developed by Shea Homes, LP, located east of Adams Lane, directly north of the intersection of Lone Oak Road and Gracie Lane (APN 016-040-012).
F.14 Notice of Completion for Sandstone Environmental Engineering, Inc. for the Water Line Improvement – Kent Drive Project, CIP Project No. 562-56421 Title/Recommendation
Adopt a Resolution accepting the work performed by Sandstone Environmental Engineering, Inc. (“Contractor”) for the Water Line Improvement – Kent Drive, CIP Project No. 562-56421 (“Project”); and directing the City Clerk to file a Notice of Completion with the County Recorder.
A Notice of Exemption was filed with the County Recorder on April 2, 2025.
G. BUSINESS ITEMS
G.1 Approve a 2026 Public Art and Design Academy MOU and Project Title/Recommendation
Adopt a Resolution (1) approving a Memorandum of Understanding (“MOU”) between the City of Brentwood and Liberty Union High School District (“District”) regarding the Public Art and Design Academy (PADA) in the amount of $8,500, (2) amending the FY 2025/26 Operating Budget, by increasing the Public Art Acquisition Fund by $8,500 for the cost to prime, prep and paint six (6) utility boxes and increase the Public Art Administration Fund by $2,500 for a ribbon cutting ceremony and, (3) authorizing the Director of Parks and Recreation to execute the MOU and make minor non-substantive revisions to it, as approved by the City Attorney.
G.2 Approve an Agreement with the Art Guild of the Delta for their 2026 Banner Up! Program and Amend FY 2025/26 Operating Budget
Title/Recommendation
Adopt a Resolution (1) authorizing the City Manager to execute an Agreement for Public Art Program Administration Services in an amount not to exceed $14,000 with the Art Guild of the Delta, Inc. for the 2026 Banner Up! Program; (2) amending the FY 2025/26 Operating Budget, by increasing the Public Art Administration Fund by a total amount of $15,000; and (3) authorizing the City Manager or designee to execute the Agreement for Public Art Program Administration Services and make minor non-substantive revisions to it, in a form approved by the City Attorney.
G.3 A Resolution Amending Council/Administrative Policy No. 00-10, Donations Policy Title/Recommendation
Adopt a Resolution amending Council/Administrative Policy No. 00-10, Donations Policy (“Policy”).
G.4 Award of contract to Spektren Engineering Inc. for the Pavement Management Program 2026 (Concrete), CIP Project No. 336-31705
Title/Recommendation
Adopt a Resolution approving the contract documents, awarding the bid, and authorizing the City Manager or designee to execute a contract and necessary documents for the Pavement Management Program 2026 (Concrete), CIP Project No. 336-31705, (“Project”) with Spektren Engineering Inc. as the lowest responsible and responsive bidder in the amount of $373,195, plus funding authorization for a 15% contingency of $55,979, for a total funding authorization not to exceed amount of $429,174.
Per 14 CCR § 15062, a CEQA Notice of Exemption was filed with the Contra Costa County Clerk Recorder on February 25, 2026.
H. ADJOURNMENT
Any disclosable public records related to an agenda item for the open session of this meeting distributed to all or a majority of the City Council less than 72 hours before this meeting is available for inspection at City Hall, located at 150 City Park Way, during normal business hours.
These writings will also be available for review at the City Council meeting in the public access binder in the entrance of the City Council Chambers.
Public comments received after 3:00 p.m. of the meeting date, but prior to the start of the meeting, will be emailed to the City Council, posted online at www.brentwoodca.gov/councilmeetingonline within one day following the meeting, and will be summarized in the meeting minutes.
The Closed Captioning provided via Zoom is auto generated. It is not the official record and is provided as a convenience.
If you challenge the any of the matters listed under 'Public Hearings' in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Brentwood City Council at, or prior to, the public hearing
NOTICE
In compliance with the Americans with Disabilities Act, the meeting room is wheelchair accessible
and disabled parking is available at the City Hall parking lot. If you are a person with a disability and you need disability-related modifications or accommodations to participate in this meeting, please contact the City Clerk's Office at (925) 516-5440 or fax (925) 516-5441. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. {28 CFR 35.102-35, 104 ADA Title II}
POSTING STATEMENT
On March 27, 2026, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside City Hall, 150 City Park Way, Brentwood, CA 94513 and at our website www.brentwoodca.gov
A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov
1 CITY COUNCIL/SUCCESSOR AGENCY MINUTES
March 10, 2026, 7:00 p.m.
A. CALL TO ORDER & ROLL CALL
Mayor Meyer called the meeting to order at 7:03 p.m.
Roll Call found the following members present: Maloney, Pierson, Mendoza, Oerlemans, and Mayor Meyer.
B. PLEDGE OF ALLEGIANCE
Mayor Meyer led the Pledge of Allegiance.
C. PRESENTATIONS
There were no presentations.
D. PUBLIC COMMENTS
Mayor Meyer opened public comments.
Dietmar Brand provided comments regarding bicyclists riding in his neighborhood.
Tracy Kasamoto provided comments inquiring about the Police Department's 5th beat; whether the County submitted a corrected version of the Mitigated Negative Declaration for the County’s proposed new office building off Technology Way, and her opposition to item F.6.
Paul J, Mike Kleeman, Rich, Gabe Ramirez, Paul Ramirez, Becky Alcantar, Francisco, Maria Dominguez, Bridget, Sylvia, Rudy Ramirez, and Jane provided comments regarding the Brentwood Police Department's interaction with Yolanda Ramirez on September 26, 2025.
David Best provided comments on behalf of Shea Homes in support of item F.3.
Dhreeti Ray provided comments regarding Seva Diwali.
There being no additional speakers, Mayor Meyer closed public comments.
The Council recessed at 7:51 p.m. and reconvened at 8:00 p.m.
E. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,
LIAISONS, AND STAFF
Council Member Mendoza reported on attendance at a Cal Cities dinner; Veteran's Crab Feed Fundraiser; meeting with Center for Biological Diversity;
2 House of Esperanza television show premiere at The Yard; and Liberty Lions Booster Crab Feed Fundraiser.
Vice Mayor Pierson reported on attendance at Diversity, Equity, Belonging and Inclusion Committee Meeting; Land Use and Development Committee Meeting; Read Across America at Isaac R. Montañez Elementary School; Chamber of Commerce Gala and Awards Ceremony; and 5th Graders Special Presentation at Mary Casey Black Elementary School.
Council Member Oerlemans reported on attendance at Tri-Delta Transit Board Meeting; Agriculture Enterprise Committee Meeting; Police Activities League Board Meeting; meeting with Parks & Recreation Director, E. Harith Aleem; Swearing In of Brentwood Police Department's newest Dispatcher; teaching a Police Academy Preparation Class at Brentwood Police Department; and Agenda Review Meeting.
Council Member Maloney reported on attendance at Dutch Bros Grand Opening; Caregiver OneCall Gala; Meeting with City Manager; 30th Anniversary Presentation at Willy's Bagels and Blends on Second Street; Muktangan Holi Celebration at Ron Nunn Elementary School; United Indian Association Holi Celebration; met with businesses at Streets of Brentwood and The Shops at Sand Creek; Chamber of Commerce Gala and Awards Ceremony; and Starry Night Studios 3rd Annual Student Gallery.
Mayor Meyer reported on attendance at Tri-Delta Transit Board Meeting; Swearing In for Park and Recreation Commissioners; Presentation for nonprofit Front Porch program Well Connected; Choice and Aging Fundraiser; Chinese Culture Club of Heritage High School Lunar New Year Festival; American Legion Post 202 Fundraiser; meeting with Antioch Council Member; meeting with Center for Biological Diversity; East Bay Women's Conference; Downtown Business Coalition Board Meeting; planning meeting for Community Day of Service; House of Esperanza television show premiere at The Yard; Read Across America at Isaac R. Montañez Elementary School; Mayor's Conference in Hercules; meeting with Delta Community Services; Muktangan Holi Celebration at Ron Nunn Elementary School; United Indian Association Holi Celebration; 30th Anniversary Presentation at Willy's Bagels and Blends on Second Street; Meet-and-Greet with Senator Cabaldon; and National Alliance for Mental Illness Crab Feed Fundraiser.
City Manager G. Harold Duffey reported on touring the Windsor Way Basketball Courts; Dutch Bros Grand Opening; met with Townsend Associates lobbyist; met with owners of the Tech Innovation Center; and toured the East Contra Costa Historical Society.
Mayor Meyer introduced Interim City Attorney, Thomas Lloyd Smith.
F. CONSENT CALENDAR
Mayor Meyer pulled Item F.3 for discussion.
Moved by: Tony Oerlemans, Council Member
Seconded by: Faye Maloney, Council Member
3 The Council, by motion, moved to adopt the Consent Calendar as recommended by staff excluding item F.3.
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
F.1 Meeting Minutes of the City Council
F.2 Proclamation recognizing March 21, 2026 as World Down Syndrome Day
Mayor Meyer presented the proclamation to JJ Church and Dylan Stewart.
The Council, by Proclamation, recognized March 21, 2026 as World Down Syndrome Day.
F.3 A Resolution approving and authorizing the City Manager to sign an Affordable Housing Agreement between the City of Brentwood and Shea Homes for the Orchard Grove North project (Subdivision 9649) Sylvia Elias, Senior Analyst, presented the item.
Moved by: Jovita Mendoza, Council Member
Seconded by: Tony Oerlemans, Council Member
Adopted Resolution 2026-13 authorizing the City manager to sign an Affordable Housing agreement between the City of Brentwood and Shea Homes for the Orchard Grove North project (Subdivision 9649) and such other documents as may be needed to complete the transaction.
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
F.4 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.
Adopted Resolution 2026-14 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.
F.5 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
4 Waived the second reading and adopted 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.
F.6 Tourism Strategy Update and Coordination with Regional Destination Marketing Efforts
The Council received a report from staff regarding tourism strategies designed to promote Brentwood as a regional and international visitor destination.
G. BUSINESS ITEMS
G.1 A Reimbursement Agreement with Harvest Time in Brentwood; and a Reimbursement Agreement with Contra Costa County Wine Growers Association
Ricardo Noguera, Economic Development Manager, presented the item.
Mayor Meyer opened public comments.
Jessica Enos, on behalf of Harvest Time; Becky Bloomfield, on behalf of Contra Costa Winegrowers Association; and Sinziana Todor provided comments in favor of the item.
There being no additional speakers, Mayor Meyer closed public comments.
Moved by: Pa'tanisha Pierson, Vice Mayor
Seconded by: Jovita Mendoza, Council Member
Adopted Resolution 2026-15 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 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.
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
G.2 Focused Zoning Code Update Direction: Alcohol Sales Jennifer Hagen, Principal Planner, and Perry Banner with DeNovo Planning Group presented the item.
Mayor Meyer opened public comments.
5 There being no one wishing to speak, Mayor Meyer closed public comments.
Moved by: Jovita Mendoza, Council Member
Seconded by: Faye Maloney, Council Member
The Council, by motion, directed staff to move forward with the proposed Focused Zoning Code Update related to the sale of alcohol for on-premise consumption, with businesses operating at the time of adoption to be grandfathered in and exempt from the update.
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
G.3 Establish a policy prohibiting new agreements for City utility services outside of City limits
Casey Wichert, Director of Public Works, presented the item.
Mayor Meyer opened public comments.
Carolina Villaseca inquired about the City's obligation to provide utility services on County land which exists within City limits.
There being no additional speakers, Mayor Meyer closed public comments.
Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Vice Mayor
Adopted Resolution 2026-16 approving a policy prohibiting the City from entering into any new agreements providing utility services outside of City limits.
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
H. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
There were no requests for new Future Agenda items.
I. REQUESTED FUTURE AGENDA ITEM(S)
I.1 Consider a Request from Council Member Mendoza Regarding a Traffic Task Force
Council Member Mendoza presented the item.
Mayor Meyer opened public comments.
6 Sue Harper and Carolina Villaseca provided comments in favor of establishing a Traffic Task Force.
There being no additional speakers, Mayor Meyer closed public comments.
Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Mayor
The Council, by motion, directed staff to spend time and resources to evaluate and return with a proposed framework for a communitybased Traffic Task Force Committee. The framework shall include the committee's purpose, structure, membership, recruitment process, and a reporting mechanism to the City Council following committee meetings. Membership to include City staff, residents, and developers as projects arise.
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
I.2 Consider a Request from Council Member Mendoza Regarding the Encroachment Permit Process
Council Member Mendoza presented the item.
Mayor Meyer opened public comments.
There being no one wishing to speak, Mayor Meyer closed public comments.
Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Mayor
The Council, by motion, directed staff to return with an informational report outlining the City’s encroachment permit process and to evaluate and present options for establishing a Council-initiated call for review process.
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
I.3 Consider a Request from Council Member Mendoza Regarding CitySponsored Event Attendance Council Member Mendoza presented the item.
Mayor Meyer opened public comments.
7 Tracy Kasamoto, Sinziana Todor, Carolina Villaseca, and Marisol Valles provided comments in opposition of Council Members being reimbursed for fundraising events and meals.
There being no additional speakers, Mayor Meyer closed public comments.
No action was taken by Council; the item died for lack of motion.
I.4 Consider a Request from Vice Mayor Pierson Regarding an Update Related to Engineering Standards
At the request of Vice Mayor Pierson, the item was pulled from the agenda to be brought back for consideration during a Council meeting in April.
J. ADJOURNMENT
Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Vice Mayor
The Council, by motion, adjourned the meeting at 9:52 p.m.
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
PROCLAMATION
WHEREAS, the City of Brentwood proudly recognizes agriculture as a cornerstone of our community’s heritage and economy, shaping our local identity and contributing to the vitality of our region; and WHEREAS, National Agriculture Day 2026, celebrated under the national theme “Together We Grow,” highlights the essential partnership between farmers, ranchers, agricultural workers, educators, and consumers in sustaining a strong and resilient food system; and
WHEREAS, Brentwood’s farmers and farmworkers demonstrate innovation, stewardship, and dedication in producing high-quality crops that nourish families locally and across the nation; and WHEREAS, this day offers an opportunity to celebrate the spirit of collaboration, sustainability, and forward-thinking practices that ensure agriculture continues to thrive for generations to come.
NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes March 24, 2026, as
NATIONAL AGRICULTURE DAY
in the City of Brentwood, and encourages all residents to join in recognizing and supporting the individuals and families who help our community and our nation grow stronger together.
Dated this 31st day of March 2026
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, National Vietnam War Veterans Day is observed each year on March 29 to recognize and thank the millions of Americans who served during the Vietnam War era and to honor their courage, sacrifice, and dedication to our nation; and
WHEREAS, more than 2.7 million Americans served in Vietnam and over 58,000 gave their lives in service to the United States, leaving a lasting legacy of bravery and devotion to freedom; and
WHEREAS, many Vietnam veterans returned home without the recognition and gratitude they deserved, and this day provides an opportunity for communities across the nation to offer a heartfelt and longoverdue “Welcome Home”; and WHEREAS, communities throughout the country continue the national call to “Thank and Honor Vietnam Veterans and Their Families” by recognizing their service, sharing their stories, and celebrating the enduring spirit of those who served.
NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes March 29, 2026, as
NATIONAL VIETNAM WAR VETERANS DAY
in the City of Brentwood, and encourages all residents to take a moment to thank and honor Vietnam veterans and their families for their service, sacrifice, and steadfast commitment to our nation.
Dated this 31st day of March 2026
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, farmworkers play an essential role in bringing fresh, nutritious food to our tables and sustaining the agricultural economy that supports communities throughout California and the nation; and WHEREAS, the City of Brentwood, located in the heart of a vibrant agricultural region, recognizes and values the dedication, resilience, and hard work of the men and women who plant, tend, and harvest the crops that nourish our families and strengthen our local economy; and WHEREAS, National Farm Workers Day, observed annually on March 31, provides an opportunity to thank and celebrate the individuals whose daily efforts make it possible for farms to grow and harvest food at the scale needed to feed our communities; and
WHEREAS, the 2026 observance encourages communities across the country to show appreciation for farmworkers and recognize their vital contributions to our food system and way of life.
NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes March 31, 2026, as
NATIONAL FARM WORKERS DAY
in the City of Brentwood, and encourages all residents to take a moment to recognize, thank, and celebrate the farmworkers whose dedication helps our community and our nation thrive.
Dated this 31st day of March 2026
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, the month of April is recognized in California as American Muslim Appreciation and Awareness Month, a time to celebrate the history, culture, and many contributions of Muslim Americans to communities across the state and nation; and
WHEREAS, American Muslims represent a vibrant and diverse community whose leadership and service strengthen our neighborhoods through contributions in education, business, healthcare, public service, the arts, and charitable work; and
WHEREAS, the observance of this month encourages greater understanding, respect, and dialogue among people of all backgrounds while highlighting the shared values of compassion, generosity, family, and community; and
WHEREAS, the City of Brentwood is proud to celebrate the spirit of inclusion and civic participation that helps make our community welcoming, diverse, and vibrant for all who live and work here.
NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes April 2026, as
AMERICAN MUSLIM APPRECIATION AND
AWARENESS MONTH
in the City of Brentwood, and encourages all residents to recognize and celebrate the positive contributions of American Muslims and to join in promoting understanding, and unity throughout our community.
Dated this 31st day of March 2026
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, the City of Brentwood proudly joins communities across the nation in recognizing April as Arab American Heritage Month, celebrating the rich history, culture, and contributions of Arab Americans; and WHEREAS, Arab Americans—whose heritage traces to more than 22 Arabic-speaking countries and diverse faiths and traditions—have enriched our nation through their achievements in business, education, science, government, the arts, and community life; and
WHEREAS, the 2026 national theme, “Many Voices, One Community,” highlights the diversity of Arab American identities while celebrating the shared values of family, resilience, and civic engagement that strengthen communities across the United States; and
WHEREAS, Arab American Heritage Month provides an opportunity for residents to learn from one another, share traditions, and recognize the many ways Arab Americans continue to contribute to the vitality and cultural richness of cities like Brentwood.
NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes April 2026, as
ARAB HERITAGE MONTH
in the City of Brentwood, and encourages all residents to celebrate the heritage, culture, and contributions of Arab Americans and to embrace the spirit of unity reflected in this year’s theme, “Many Voices, One Community.”
Dated this 31st day of March 2026
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, April is recognized nationwide as Autism Acceptance Month, a time to promote understanding, inclusion, and support for individuals on the autism spectrum and their families; and
WHEREAS, the 2026 national theme, “Celebrate Differences,” encourages communities to recognize and value the unique strengths, perspectives, and contributions of autistic individuals in our schools, workplaces, and neighborhoods; and
WHEREAS, embracing neurodiversity helps build more compassionate and welcoming communities where all people are respected, supported, and empowered to reach their full potential; and
WHEREAS, the City of Brentwood is proud to stand alongside families, educators, advocates, and community partners in fostering acceptance, opportunity, and belonging for every resident.
NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes April 2026, as
AUTISM ACCEPTANCE MONTH
in the City of Brentwood, and encourages all residents to celebrate the heritage, culture, and contributions of Arab Americans and to embrace the spirit of unity reflected in this year’s theme, “Many Voices, One Community.”
Dated this 31st day of March 2026
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, the City of Brentwood proudly recognizes April as Diversity Month, a time to celebrate the many cultures, backgrounds, experiences, and perspectives that enrich our community and strengthen our shared future; and
WHEREAS, our nation and our City are made stronger when people of all identities and traditions are welcomed, respected, and given the opportunity to contribute their talents and ideas; and
WHEREAS, Diversity Month encourages residents to learn from one another, foster understanding, and build bridges across cultures in the spirit of unity and belonging; and
WHEREAS, this year’s spirit of diversity celebrations across the nation reminds us that while our community is made up of many voices, we share a common vision of respect, opportunity, and a brighter future for all.
NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes April 2026, as
DIVERSITY MONTH
in the City of Brentwood, and encourages all residents to celebrate the rich diversity of our community, embrace the values of inclusion and respect, and continue working together to build a welcoming city where everyone belongs.
Dated this 31st day of March 2026
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, on April 9 each year, our nation observes National Former Prisoner of War Recognition Day, honoring the courage, resilience, and unwavering spirit of American service members who endured captivity in defense of freedom; and
WHEREAS, the date commemorates the events of April 9, 1942, when American and allied forces in Bataan surrendered and thousands of service members endured the historic Bataan Death March, a powerful reminder of the extraordinary sacrifices made by our military; and
WHEREAS, former prisoners of war exemplify remarkable strength, perseverance, and hope in the face of hardship, inspiring generations of Americans to value liberty, unity, and the enduring power of the human spirit; and
WHEREAS, communities across the nation observe this day by honoring former prisoners of war, remembering those who never returned home, and reaffirming the promise that their service and sacrifice will never be forgotten.
NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes April 9, 2026, as
NATIONAL FORMER PRISONER OF
WAR RECOGNITION DAY
in the City of Brentwood, and encourages all residents to reflect with gratitude on the bravery of former prisoners of war and to honor their legacy of courage, resilience, and hope.
Dated this 31st day of March 2026
Susannah Meyer, Mayor
CITY COUNCIL AGENDA ITEM NO. F.10
03/31/2026
SUBJECT: Review and approval of the Housing Element Annual Progress Report for calendar year 2025
DEPARTMENT: Community Development Department
STAFF: Alexis Morris, Director of Community Development Erik Nolthenius, Planning Manager
Jennifer Hagen, Principal Planner
TITLE/RECOMMENDATION
Adopt a resolution finding that the Annual Progress Report accurately reflects the Housing Element implementation for calendar year 2025; accepting the report as required by the State of California; and directing staff to forward the report to the Governor's Office of Land Use and Climate Innovation (LUCI) and the State Department of Housing and Community Development (HCD).
FISCAL IMPACT
The Annual Progress Report is a State requirement. There is no fiscal impact associated with producing the report, other than staff time.
BACKGROUND
Section 65400 of the California Government Code requires the City to file an annual report addressing the status of the Housing Element and progress made toward implementing its goals and policies. The report must be approved by the local legislative body through a resolution and submitted to HCD and LUCI by April 1st of each year to show the status of implementation of the Housing Element goals, policies, and programs.
The Housing Element Annual Progress Report for 2025 is attached for City Council review. HCD has specific reporting requirements for the APR, including information contained in a series of standardized spreadsheet tables (Attachment 2). State housing legislation approved in 2017 (and modified thereafter) requiring more detailed reporting and additional data to be submitted as part of the APR, is now in effect and is reflected in this Housing Element APR. Some of the new standardized
CITY COUNCIL AGENDA ITEM NO. F.10
03/31/2026
tables required by HCD, particularly Table A2, are difficult to reproduce in a viewerfriendly manner. Staff has attempted to make the tables as clear as possible.
HCD requires reporting on the number of completed entitlements, housing unit permits issued, and housing permits finaled during the year, including the type of units (accessory dwelling units (ADUs), single-family, multi-family, etc.), and their affordability categories (very low-, low-, moderate- and above moderate-income) to gauge efforts toward meeting the City’s Regional Housing Needs Allocation (RHNA).
The City’s progress to date is shown in the table below. 6th Cycle RHNA (2023-2031)
Income Category Required Units Units to Date Remaining Units Very Low 402 20 382
Low 232 20 212
Moderate 247 25 222
Above-Moderate 641 245 396
TOTAL 1,522 310 1,212
In 2025, building permits were issued for 123 new residential housing units, including ADUs. This is an increase over the 55 units issued in 2024. This total included 6 very low-income ADU units, 1 very low-income deed restricted unit (Trumark), 6 lowincome ADU units, 1 low-income deed restricted unit (Orchard Grove), 6 moderateincome ADU units, and 6 moderate-income deed restricted units (Trumark and Orchard Grove). The remaining 97 above moderate-income are comprised of singlefamily and ADU units. In 2025, 85 residential units under construction were also finaled, a decrease from the 255 units completed in 2024. The City’s issued and finaled units for 2025 are shown in the table below.
Units by Structure Type Permitted
in 2025
Completed in
2025
Single-family Attached 0 0
Single-family Detached 100 62
2 to 4 units per structure 3 0
5+ units per structure 0 0
Accessory Dwelling Unit 20 23
Mobile/Manufactured Home 0 0
Total 123 85
CITY COUNCIL AGENDA ITEM NO. F.10
03/31/2026
The number of ADU building permits issued in 2025 (20), again surpassed the City’s initial projection of 14 ADUs within the newest Housing Element. The ADU affordability levels were determined based on the Using ADUs to Satisfy RHNA Technical Memo, produced by the Association of Bay Area Governments (ABAG) and included by reference within the City’s Housing Element projections.
CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.
PREVIOUS ACTION
This is an annual item for the City Council.
ALTERNATIVE OPTION(S)
This is a State requirement, therefore staff does not recommend any alternatives to the recommended action.
ATTACHMENT(S)
1. City Council Resolution – 2025 Housing Element APR
2. 2025 Annual Progress Report
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD ACCEPTING THE ANNUAL PROGRESS REPORT ON
THE HOUSING ELEMENT IMPLEMENTATION FOR CALENDAR
YEAR 2025 AS REQUIRED BY THE STATE OF CALIFORNIA AND
DIRECTING STAFF TO FORWARD THE REPORT TO THE
GOVERNOR’S OFFICE OF LAND USE AND CLIMATE INNOVATION
AND THE STATE DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT
WHEREAS, the State of California has mandated that cities and counties prepare an Annual Progress Report on their Housing Element implementation in accordance with Sections 65400, et seq., of the Government Code; and WHEREAS, staff has prepared the Annual Progress Report reflecting building activity and progress on implementation of the Housing Element as required by State law for calendar year 2025; and
WHEREAS, the City Council held a duly noticed public meeting on March 31, 2026, and reviewed the Annual Progress Report, staff report, and accompanying information, and testimony received from the general public.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood:
A. Hereby finds that the Annual Progress Report accurately reflects the City’s Housing Element implementation for calendar year 2025.
B. Hereby accepts the Annual Progress Report on the Housing Element implementation for calendar year 2025 as required by the State of California and directs staff to forward the report to the Governor’s Office of Land Use and Climate Innovation and the State Department of Housing and Community Development.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 31st day of March 2026 by the following vote:
Jurisdiction Brentwood
Reporting Year 2025
Housing Element Planning Period 6th Cycle
Current Year
Deed
Restricted 0
Non-Deed
Restricted 0
Deed
Restricted 0
Non-Deed
Restricted 0
Deed
Restricted 1
Non-Deed
Restricted 6
Deed
Restricted 1
Non-Deed
Restricted 6
Deed
Restricted 6
Non-Deed
Restricted 6
97 123
Units by Structure Type Entitled Permitted Completed
Single-family Attached 0 0 0
Single-family Detached 0 100 62
2 to 4 units per structure 0 3 0
5+ units per structure 0 0 0
Accessory Dwelling Unit 0 20 23
Mobile/Manufactured Home 0 0 0
Total 0 123 85
Infill Housing Developments and Infill Units Permitted # of Projects Units 114 116
00 11
11 11
0 (Jan. 1 - Dec. 31)
01/31/2023 - 01/31/2031
Very Low
Low
Moderate
Acutely Low
Extremely Low
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of Streamlined Ministerial Approval Process or SMAP (formerly SB 35 / 423) - Applications Above Moderate
Indicated as Infill
Not Indicated as Infill
Building Permits Issued by Affordability Summary
Income Level
Income Rental Ownership Total
Acutely Low 00 0
Extremely Low 00 0
Very Low 00 0
Low 00 0
Moderate 00 0
Above Moderate 00 0
Total 0 0 0
Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zone 00
SB 9 (2021) - Residential Lot Split 00
AB 2011 (2022) 00
SB 6 (2022) 00
SMAP 00
Ministerial and Discretionary Applications # of Units
Ministerial 10 9
Discretionary 12
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 0 Number of Units in Applications Submitted Requesting a Density Bonus 0 Number of Projects Permitted with a Density Bonus 0
Number of Units in Projects Permitted with a Density Bonus 0 Housing Element Programs Implemented and Sites Rezoned Count 59 0
Programs Implemented
Sites Rezoned to Accommodate the RHNA
Units Constructed - SMAP (formerly SB 35 / 423) - Permits
Jurisdiction Brentwood ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2025
(Jan. 1 - Dec.
31) Housing Element Implementation
Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapprove
d Units by
Project
Streamlining Historic Sites
2 34 6 7 8 9 10
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=RenterO=Owner
Date
Application
Submitted
(see
instructions)
Acutely LowIncome Deed
Restricted
Acutely LowIncome Non
Deed
Restricted
Extremely
Low-Income
Deed
Restricted
Extremely
Low-Income
Non Deed
Restricted
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total
PROPOSED
Units by
Project
Total
APPROVED
Units by
project
Total
DISAPPROVE
D Units by
Project
Please select
state
streamlining
provision/s the
application was
submitted
pursuant to.
Is this project
located on a
site with an
associated
historical
designation as
outlined in
Government
Code Section
65400(a)(2)(N)
and reported
on Table L?
Did the
housing
development
application
seek
incentives or
concessions
pursuant to
Government
Code section
65915?
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 6 0 3 2 11 11 0 TMP813 488 TRELLIS WAY B25-0077 ADU R 2/11/2025 1 1 1 NONE No NoTMP814 482 TRELLIS WAY B25-0078 ADU R 2/27/2025 1 1 1 NONE No No018640011 632 WARD CREEK CT B25-0656 ADU R 4/28/2025 1 1 1 NONE No No017380051 1030 ORCHID DR B25-0672 ADU R 8/1/2025 1 1 1 NONE No No013134003 556 SECOND ST B25-0927 ADU R 6/3/2025 1 1 1 NONE No NoTMP815 452 TRELLIS WAY B25-1035 ADU R 6/17/2025 1 1 1 NONE No NoTMP816 446 TRELLIS WAY B25-1036 ADU R 6/17/2025 1 1 1 NONE No NoTMP819 1862 BLUEJAY DR B25-1126 ADU R 7/1/2025 1 1 1 NONE No NoTMP820 1868 BLUEJAY DR B25-1127 ADU R 7/1/2025 1 1 1 NONE No No10480056 220 Fahmy DR25-005 2 to 4 O 11/11/2025 2 2 2 NONE No No17010012 1911 Minnesota MUDA25-001 SFD O 4/17/2025 0 0 SB 9 (2021) - No No 0000000000000000
Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Density Bo Applica
11 Housing Development Applications Submitted
Proposed Units - Affordability by Household Incomes
Table A2
Housing without
Financial Assistance or
Deed Restrictions
Term of
Affordability or
Deed Restriction
Notes
23 16 17 18 19 20 21 22 23 24 25
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit
Category
(SFA,SFD,2
to
4,5+,ADU,MH)
Tenure
R=RenterO=Owner
Acutely LowIncome Deed
Restricted
Acutely LowIncome Non
Deed
Restricted
Extremely
Low- Income
Deed
Restricted
Extremely
Low- Income
Non Deed
Restricted
Very LowIncome Deed Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome
Deed
Restricted
Assistance
Programs for Each
Development
(may select
multiple - see
instructions)
Deed Restriction
Type
(may select
multiple - see
instructions)
For units affordable
without financial
assistance or deed
restrictions, explain how
the locality determined
the units were affordable
(see instructions)
Term of Affordability
or Deed Restriction
(years) (if affordable
in perpetuity enter
1000)+
Number of
Demolished/Destro
yed Units
Demolished
or Destroyed
Units
Demolished/
Destroyed
Units
Owner or
Renter
Total Density Bonus
Applied to the Project
(Percentage Increase in
Total Allowable Units or
Total Maximum
Allowable Residential
Gross Floor Area)
Number of Other
Incentives,
Concessions,
Waivers, or Other
Modifications
Given to the
Project (Excluding
Parking Waivers or
Parking
Reductions)
List the
incentives,
concessions,
waivers, and
modifications
(Excluding
Parking Waivers
or Parking
Modifications)
Did the project
receive a reduction
or waiver of parking
standards? (Y/N)
Notes+
Summary Row: Start Data Entry Below #REF! #REF! #REF! #REF! #REF! #REF! #REF! #REF! #REF! 0 17240005 15 QUAIL CT B23-1334 ADU R ABAG Survey17470040 954 COUNTRY GLEN LN B23-1566 ADU R ABAG Survey 17520002 1750 FAIRVIEW AVE B23-2337 ADU R ABAG Survey
10130062 683 ANDERSON AVE UNIT A B24-0037 ADU R ABAG Survey 17240015 946 RANDY WAY UNIT A B24-0139 ADU R ABAG Survey19060003 2431 FAIRVIEW CT B24-0404 ADU R ABAG Survey 19420003 801 MONTERROSA CT B24-0730 ADU R ABAG Survey
18510005 2586 MARGARET LN B24-0753 ADU R ABAG Survey
16320019 1876 TARRAGON DR B24-1175 ADU R ABAG Survey
TMP786 469 TRELLIS WAY B24-1189 ADU R ABAG Survey JADU
TMP800 470 TRELLIS WAY B24-1539 ADU R ABAG Survey JADU
TMP789 451 TRELLIS WAY B24-1545 ADU R ABAG Survey JADU
TMP760 156 HEIRLOOM DR B24-0826 SFD O
TMP765 137 HEIRLOOM DR B24-0944 SFD OTMP766 133 HEIRLOOM DR B24-0945 SFD OTMP767 129 HEIRLOOM DR B24-0946 SFD OTMP768 1880 MORELLO DR B24-0947 SFD OTMP785 475 TRELLIS WAY B24-1188 SFD OTMP786 469 TRELLIS WAY B24-1189 SFD OTMP797 500 TRELLIS WAY B24-1190 SFD OTMP798 494 TRELLIS WAY B24-1191 SFD OTMP799 476 TRELLIS WAY B24-1538 SFD OTMP800 470 TRELLIS WAY B24-1539 SFD OTMP801 464 TRELLIS WAY B24-1540 SFD OTMP802 458 TRELLIS WAY B24-1541 SFD OTMP787 463 TRELLIS WAY B24-1543 SFD OTMP788 457 TRELLIS WAY B24-1544 SFD OTMP789 451 TRELLIS WAY B24-1545 SFD OTMP790 445 TRELLIS WAY B24-1546 SFD O 018360014 215 TWILIGHT CT B21-2883 ADU R ABAG Survey019780010 2289 INDIAN SPRINGS DR B22-2169 ADU R ABAG Survey013290024 823 MICKELSEN CT B24-1634 ADU R ABAG Survey012330078 34 GOLD MEADOW CT B24-2166 ADU R ABAG SurveyTMP813 488 TRELLIS WAY B25-0077 ADU R ABAG SurveyTMP814 482 TRELLIS WAY B25-0078 ADU R ABAG Survey017380051 1030 ORCHID DR B25-0672 ADU R ABAG SurveyTMP815 452 TRELLIS WAY B25-1035 ADU R ABAG SurveyTMP816 446 TRELLIS WAY B25-1036 ADU R ABAG Survey016330025 1657 CEYLON DR B24-0361 ADU R ABAG Survey018160009 191 SUNRISE DR B24-0991 ADU R ABAG Survey010300033 718 BELLMEADE CT B24-1673 ADU R ABAG Survey013120010 616 SECOND ST B24-1919 ADU R ABAG Survey013134006 530 SECOND ST B24-2217 ADU R ABAG Survey018640011 632 WARD CREEK CT B25-0656 ADU R ABAG Survey 013134003 556 SECOND ST B25-0927 ADU R ABAG SurveyTMP819 1862 BLUEJAY DR B25-1126 ADU R ABAG SurveyTMP820 1868 BLUEJAY DR B25-1127 ADU R ABAG Survey016310076 605 SYCAMORE AVE B24-0658 2 to 4 R ABAG SurveyTMP792 433 TRELLIS WAY B25-1027 ADU R ABAG Survey JADU TMP794 421 TRELLIS WAY B25-1029 ADU R ABAG Survey JADUTMP803 440 TRELLIS WAY B25-0262 ADU R ABAG Survey JADUTMP806 422 TRELLIS WAY B25-0265 ADU R ABAG Survey JADUTMP403 1910 Morello Dr B21-2114 SFD OTMP404 1900 Morello Dr B21-2115 SFD OTMP405 1890 Morello Dr B21-2116 SFD O017630006 1950 ST MARTIN PL B21-2487 SFD OTMP684 1991 HELENA WAY B22-3074 SFD O007660009 1501 MIWOK CT B23-0717 SFD OTMP827 1685 Arione St B24-2016 SFD OTMP828 1693 Arione St B24-2017 SFD O INC 45TMP829 1697 Arione St B24-2018 SFD O INC 45TMP830 1701 Arione St B24-2020 SFD OTMP831 1709 Arione St B24-2021 SFD OTMP813 488 TRELLIS WAY B25-0075 SFD OTMP814 482 TRELLIS WAY B25-0076 SFD OTMP834 1677 Arione St B25-0185 SFD OTMP835 1669 Arione St B25-0186 SFD OTMP836 1593 Montclair Pl B25-0187 SFD OTMP837 1585 Montclair Pl B25-0199 SFD OTMP838 1594 Sleppy St B25-0200 SFD OTMP839 1586 Sleppy St B25-0201 SFD OTMP840 1595 Sleppy St B25-0202 SFD OTMP841 1587 Sleppy St B25-0203 SFD OTMP803 440 TRELLIS WAY B25-0262 SFD OTMP804 434 TRELLIS WAY B25-0263 SFD OTMP805 428 TRELLIS WAY B25-0264 SFD OTMP806 422 TRELLIS WAY B25-0265 SFD OTMP817 416 TRELLIS WAY B25-0451 SFD OTMP818 410 TRELLIS WAY B25-0452 SFD OTMP843 1578 Sleppy St. B25-0500 SFD OTMP844 1570 Sleppy St. B25-0501 SFD OTMP845 1579 Sleppy St. B25-0502 SFD OTMP846 1571 Sleppy St. B25-0503 SFD OTMP847 1563 Sleppy St. B25-0504 SFD OTMP850 1597 Strathaven Pl. B25-0507 SFD OTMP872 297 HANSON LN B25-0785 SFD OTMP873 305 HANSON LN B25-0786 SFD OTMP874 313 HANSON LN B25-0787 SFD OTMP875 2303 ADMIRAL CT B25-0788 SFD OTMP876 2311 ADMIRAL CT B25-0789 SFD OTMP877 2319 ADMIRAL CT B25-0790 SFD OTMP878 2327 ADMIRAL CT B25-0791 SFD OTMP879 321 HANSON LN B25-0792 SFD OTMP880 329 HANSON LN B25-0793 SFD OTMP815 452 TRELLIS WAY B25-0882 SFD OTMP816 446 TRELLIS WAY B25-0883 SFD OTMP900 337 HANSON LN B25-1236 SFD OTMP825 1629 Strathaven Pl B24-2010 SFD OTMP826 1621 Strathaven Pl B24-2014 SFD O Housing with Financial
Assistance and/or Deed
Restrictions
Demolished/Destroyed Units Density Bonus
1 4
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement
TMP823 1613 Strathaven Pl B24-2015 SFD O
TMP848 1596 Strathaven Pl. B25-0505 SFD OTMP849 1588 Strathaven Pl. B25-0506 SFD OTMP851 1589 Strathaven Pl. B25-0508 SFD OTMP852 1044 SERPENTINE LN B25-0582 SFD OTMP853 1052 SERPENTINE LN B25-0583 SFD OTMP854 1060 SERPENTINE LN B25-0584 SFD OTMP855 1068 SERPENTINE LN B25-0585 SFD OTMP856 1151 RIVERBEND DR B25-0601 SFD OTMP857 1143 RIVERBEND DR B25-0602 SFD OTMP858 1135 RIVERBEND DR B25-0603 SFD OTMP859 1127 RIVERBEND DR B25-0604 SFD OTMP860 1119 RIVERBEND DR B25-0605 SFD OTMP861 1111 RIVERBEND DR B25-0606 SFD OTMP864 1095 RIVERBEND DR B25-0745 SFD OTMP865 1087 RIVERBEND DR B25-0746 SFD OTMP866 1079 RIVERBEND DR B25-0747 SFD OTMP867 1071 RIVERBEND DR B25-0748 SFD OTMP868 1063 RIVERBEND DR B25-0749 SFD OTMP869 1055 RIVERBEND DR B25-0750 SFD OTMP870 2458 MEGANOS RD B25-0782 SFD OTMP871 2450 MEGANOS RD B25-0784 SFD OTMP881 1580 Strathaven Pl B25-0844 SFD OTMP882 1572 Strathaven Pl B25-0846 SFD OTMP883 1564 Strathaven Pl B25-0847 SFD OTMP884 1581 Strathaven Pl B25-0848 SFD OTMP885 1573 Strathaven Pl B25-0849 SFD OTMP819 1862 BLUEJAY DR B25-0884 SFD OTMP820 1868 BLUEJAY DR B25-0885 SFD OTMP770 486 HUMMINGBIRD WAY B25-0954 SFD O INC 45TMP771 480 HUMMINGBIRD WAY B25-0955 SFD O INC 45TMP783 487 TRELLIS WAY B25-0956 SFD O INC 45TMP784 481 TRELLIS WAY B25-0957 SFD O INC 45TMP795 1861 BLUEJAY DR B25-0958 SFD O INC 45TMP796 1855 BLUEJAY DR B25-0959 SFD O INC 45TMP791 439 TRELLIS WAY B25-1026 SFD OTMP792 433 TRELLIS WAY B25-1027 SFD OTMP793 427 TRELLIS WAY B25-1028 SFD OTMP794 421 TRELLIS WAY B25-1029 SFD OTMP895 371 VICEROY WAY B25-1231 SFD OTMP896 363 VICEROY WAY B25-1232 SFD OTMP897 355 VICEROY WAY B25-1233 SFD OTMP901 338 VICEROY WAY B25-1237 SFD OTMP902 330 VICEROY WAY B25-1238 SFD OTMP903 322 VICEROY WAY B25-1239 SFD OTMP904 314 VICEROY WAY B25-1240 SFD OTMP807 404 TRELLIS WAY B25-1835 SFD OTMP808 398 TRELLIS WAY B25-1836 SFD OTMP809 1850 BLUEJAY DR B25-1837 SFD OTMP937 1047 RIVERBEND DR B25-1958 SFD OTMP938 1039 RIVERBEND DR B25-1959 SFD OTMP939 1062 RIVERBEND DR B25-1960 SFD OTMP940 1054 RIVERBEND DR B25-1961 SFD OTMP941 1046 RIVERBEND DR B25-1962 SFD OTMP942 1038 RIVERBEND DR B25-1963 SFD OTMP943 1598 Ponza Cir B25-1976 SFD OTMP944 1607 Ponza Cir B25-1977 SFD OTMP945 1603 Ponza Circle B25-1978 SFD OTMP946 1599 Ponza Cir B25-1979 SFD O
Table A2
- New Construction, Entitled, Permits and Completed Units Housing without
Financial Assistance or
Deed Restrictions
Term of
Affordability or
Deed Restriction
Notes
56 16 17 18 19 20 21 22 23 24 25
Current APN Street Address Project Name+
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Entitlement
Date Approved
# of Units
issued
Entitlements
Acutely
LowIncome
Deed
Restricted
Acutely
LowIncome Non
Deed
Restricted
Extremely
LowIncome
Deed
Restricted
Extremely
LowIncome Non
Deed
Restricted
Very LowIncome
Deed
Restricted
Assistance
Programs for Each
Development
(may select
multiple - see
instructions)
Deed Restriction
Type
(may select
multiple - see
instructions)
For units affordable
without financial
assistance or deed
restrictions, explain how
the locality determined the
units were affordable
(see instructions)
Term of Affordability
or Deed Restriction
(years) (if affordable in
perpetuity enter
1000)+
Number of
Demolished/Destro
yed Units
Demolished
or Destroyed
Units
Demolished/
Destroyed
Units
Owner or
Renter
Total Density Bonus
Applied to the Project
(Percentage Increase in
Total Allowable Units or
Total Maximum
Allowable Residential
Gross Floor Area)
Number of Other
Incentives,
Concessions,
Waivers, or Other
Modifications Given
to the Project
(Excluding Parking Waivers or Parking
Reductions)
List the
incentives,
concessions,
waivers, and
modifications
(Excluding
Parking Waivers
or Parking
Modifications)
Did the project
receive a reduction or
waiver of parking
standards? (Y/N)
Notes+
0 0 0 #REF! #REF! #REF! #REF! #REF! 0
17240005 15 QUAIL CT 0 ABAG Survey17470040 954 COUNTRY GLEN LN 0 ABAG Survey 17520002 1750 FAIRVIEW AVE 0 ABAG Survey10130062 683 ANDERSON AVE UNIT A 0 ABAG Survey17240015 946 RANDY WAY UNIT A 0 ABAG Survey 19060003 2431 FAIRVIEW CT 0 ABAG Survey19420003 801 MONTERROSA CT 0 ABAG Survey18510005 2586 MARGARET LN 0 ABAG Survey 16320019 1876 TARRAGON DR 0 ABAG Survey
TMP786 469 TRELLIS WAY 0 ABAG Survey JADUTMP800 470 TRELLIS WAY 0 ABAG Survey JADUTMP789 451 TRELLIS WAY 0 ABAG Survey JADUTMP760 156 HEIRLOOM DR 0TMP765 137 HEIRLOOM DR 0TMP766 133 HEIRLOOM DR 0TMP767 129 HEIRLOOM DR 0TMP768 1880 MORELLO DR 0TMP785 475 TRELLIS WAY 0TMP786 469 TRELLIS WAY 0TMP797 500 TRELLIS WAY 0TMP798 494 TRELLIS WAY 0TMP799 476 TRELLIS WAY 0TMP800 470 TRELLIS WAY 0TMP801 464 TRELLIS WAY 0TMP802 458 TRELLIS WAY 0TMP787 463 TRELLIS WAY 0TMP788 457 TRELLIS WAY 0TMP789 451 TRELLIS WAY 0TMP790 445 TRELLIS WAY 0 018360014 215 TWILIGHT CT 0 ABAG Survey
019780010 2289 INDIAN SPRINGS DR 0 ABAG Survey013290024 823 MICKELSEN CT 0 ABAG Survey012330078 34 GOLD MEADOW CT 0 ABAG SurveyTMP813 488 TRELLIS WAY 0 ABAG SurveyTMP814 482 TRELLIS WAY 0 ABAG Survey017380051 1030 ORCHID DR 0 ABAG SurveyTMP815 452 TRELLIS WAY 0 ABAG SurveyTMP816 446 TRELLIS WAY 0 ABAG Survey016330025 1657 CEYLON DR 0 ABAG Survey018160009 191 SUNRISE DR 0 ABAG Survey010300033 718 BELLMEADE CT 0 ABAG Survey013120010 616 SECOND ST 0 ABAG Survey013134006 530 SECOND ST 0 ABAG Survey018640011 632 WARD CREEK CT 0 ABAG Survey013134003 556 SECOND ST 0 ABAG SurveyTMP819 1862 BLUEJAY DR 0 ABAG SurveyTMP820 1868 BLUEJAY DR 0 ABAG Survey016310076 605 SYCAMORE AVE 0 ABAG SurveyTMP792 433 TRELLIS WAY 0 ABAG Survey JADU TMP794 421 TRELLIS WAY 0 ABAG Survey JADUTMP803 440 TRELLIS WAY 0 ABAG Survey JADUTMP806 422 TRELLIS WAY 0 ABAG Survey JADUTMP403 1910 Morello Dr 0TMP404 1900 Morello Dr 0TMP405 1890 Morello Dr 0017630006 1950 ST MARTIN PL 0TMP684 1991 HELENA WAY 0007660009 1501 MIWOK CT 0TMP827 1685 Arione St 0TMP828 1693 Arione St 0 INC 45 TMP829 1697 Arione St 0 1 INC 45
TMP830 1701 Arione St 0TMP831 1709 Arione St 0TMP813 488 TRELLIS WAY 0 TMP814 482 TRELLIS WAY 0TMP834 1677 Arione St 0TMP835 1669 Arione St 0TMP836 1593 Montclair Pl 0TMP837 1585 Montclair Pl 0TMP838 1594 Sleppy St 0TMP839 1586 Sleppy St 0TMP840 1595 Sleppy St 0TMP841 1587 Sleppy St 0TMP803 440 TRELLIS WAY 0TMP804 434 TRELLIS WAY 0TMP805 428 TRELLIS WAY 0TMP806 422 TRELLIS WAY 0TMP817 416 TRELLIS WAY 0TMP818 410 TRELLIS WAY 0TMP843 1578 Sleppy St. 0 Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed Units Density Bonus 7 Project Identifier Affordability by Household Incomes - Building Permits
TMP844 1570 Sleppy St. 0
TMP845 1579 Sleppy St. 0TMP846 1571 Sleppy St. 0TMP847 1563 Sleppy St. 0TMP850 1597 Strathaven Pl. 0TMP872 297 HANSON LN 0TMP873 305 HANSON LN 0TMP874 313 HANSON LN 0TMP875 2303 ADMIRAL CT 0TMP876 2311 ADMIRAL CT 0TMP877 2319 ADMIRAL CT 0TMP878 2327 ADMIRAL CT 0TMP879 321 HANSON LN 0TMP880 329 HANSON LN 0TMP815 452 TRELLIS WAY 0TMP816 446 TRELLIS WAY 0TMP900 337 HANSON LN 0TMP825 1629 Strathaven Pl 0TMP826 1621 Strathaven Pl 0TMP823 1613 Strathaven Pl 0TMP848 1596 Strathaven Pl. 0TMP849 1588 Strathaven Pl. 0TMP851 1589 Strathaven Pl. 0TMP852 1044 SERPENTINE LN 0TMP853 1052 SERPENTINE LN 0TMP854 1060 SERPENTINE LN 0TMP855 1068 SERPENTINE LN 0TMP856 1151 RIVERBEND DR 0TMP857 1143 RIVERBEND DR 0TMP858 1135 RIVERBEND DR 0TMP859 1127 RIVERBEND DR 0TMP860 1119 RIVERBEND DR 0TMP861 1111 RIVERBEND DR 0TMP864 1095 RIVERBEND DR 0TMP865 1087 RIVERBEND DR 0TMP866 1079 RIVERBEND DR 0TMP867 1071 RIVERBEND DR 0TMP868 1063 RIVERBEND DR 0TMP869 1055 RIVERBEND DR 0TMP870 2458 MEGANOS RD 0TMP871 2450 MEGANOS RD 0TMP881 1580 Strathaven Pl 0TMP882 1572 Strathaven Pl 0TMP883 1564 Strathaven Pl 0TMP884 1581 Strathaven Pl 0TMP885 1573 Strathaven Pl 0TMP819 1862 BLUEJAY DR 0TMP820 1868 BLUEJAY DR 0TMP770 486 HUMMINGBIRD WAY 0 INC 45 TMP771 480 HUMMINGBIRD WAY 0 INC 45
TMP783 487 TRELLIS WAY 0 INC 45
TMP784 481 TRELLIS WAY 0 INC 45TMP795 1861 BLUEJAY DR 0 INC 45TMP796 1855 BLUEJAY DR 0 INC 45TMP791 439 TRELLIS WAY 0TMP792 433 TRELLIS WAY 0TMP793 427 TRELLIS WAY 0TMP794 421 TRELLIS WAY 0TMP895 371 VICEROY WAY 0TMP896 363 VICEROY WAY 0TMP897 355 VICEROY WAY 0TMP901 338 VICEROY WAY 0TMP902 330 VICEROY WAY 0TMP903 322 VICEROY WAY 0TMP904 314 VICEROY WAY 0TMP807 404 TRELLIS WAY 0TMP808 398 TRELLIS WAY 0TMP809 1850 BLUEJAY DR 0TMP937 1047 RIVERBEND DR 0TMP938 1039 RIVERBEND DR 0TMP939 1062 RIVERBEND DR 0TMP940 1054 RIVERBEND DR 0TMP941 1046 RIVERBEND DR 0TMP942 1038 RIVERBEND DR 0TMP943 1598 Ponza Cir 0TMP944 1607 Ponza Cir 0TMP945 1603 Ponza Circle 0TMP946 1599 Ponza Cir 0 00000000000000000000000000000000000000000
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Affordabilit
y by
Household
Incomes -
Certificate
s of
Occupancy
Housing without
Financial Assistance or
Deed Restrictions
Term of
Affordability or
Deed Restriction
Notes
8 9 10 16 17 18 19 20 21 22 23 24 25
Current APN Street Address Project Name+
Very LowIncome Non
Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Building
Permits Date
Issued
# of Units Issued
Building Permits
Acutely LowIncome
Deed
Restricted
Assistance
Programs for Each
Development
(may select
multiple - see
instructions)
Deed Restriction
Type
(may select
multiple - see
instructions)
For units affordable
without financial
assistance or deed
restrictions, explain how
the locality determined the
units were affordable
(see instructions)
Term of Affordability
or Deed Restriction
(years) (if affordable in
perpetuity enter
1000)+
Number of
Demolished/Destro
yed Units
Demolished
or Destroyed
Units
Demolished/
Destroyed
Units
Owner or
Renter
Total Density Bonus
Applied to the Project
(Percentage Increase in
Total Allowable Units or
Total Maximum
Allowable Residential
Gross Floor Area)
Number of Other
Incentives,
Concessions,
Waivers, or Other
Modifications Given
to the Project
(Excluding Parking Waivers or Parking
Reductions)
List the
incentives,
concessions,
waivers, and
modifications
(Excluding
Parking Waivers
or Parking
Modifications)
Did the project
receive a reduction or
waiver of parking
standards? (Y/N)
Notes+
6 1 6 6 6 97 122 #REF! 0
17240005 15 QUAIL CT 0 ABAG Survey
17470040 954 COUNTRY GLEN LN 0 ABAG Survey17520002 1750 FAIRVIEW AVE 0 ABAG Survey10130062 683 ANDERSON AVE UNIT A 0 ABAG Survey 17240015 946 RANDY WAY UNIT A 0 ABAG Survey
19060003 2431 FAIRVIEW CT 0 ABAG Survey
19420003 801 MONTERROSA CT 0 ABAG Survey
18510005 2586 MARGARET LN 0 ABAG Survey
16320019 1876 TARRAGON DR 0 ABAG Survey
TMP786 469 TRELLIS WAY 0 ABAG Survey JADU
TMP800 470 TRELLIS WAY 0 ABAG Survey JADU
TMP789 451 TRELLIS WAY 0 ABAG Survey JADU
TMP760 156 HEIRLOOM DR 0
TMP765 137 HEIRLOOM DR 0
TMP766 133 HEIRLOOM DR 0
TMP767 129 HEIRLOOM DR 0
TMP768 1880 MORELLO DR 0TMP785 475 TRELLIS WAY 0TMP786 469 TRELLIS WAY 0TMP797 500 TRELLIS WAY 0TMP798 494 TRELLIS WAY 0TMP799 476 TRELLIS WAY 0TMP800 470 TRELLIS WAY 0TMP801 464 TRELLIS WAY 0TMP802 458 TRELLIS WAY 0TMP787 463 TRELLIS WAY 0TMP788 457 TRELLIS WAY 0TMP789 451 TRELLIS WAY 0TMP790 445 TRELLIS WAY 0 018360014 215 TWILIGHT CT 0 ABAG Survey
019780010 2289 INDIAN SPRINGS DR 0 ABAG Survey
013290024 823 MICKELSEN CT 1 06/16/2025 1 ABAG Survey
012330078 34 GOLD MEADOW CT 1 01/27/2025 1 ABAG Survey
TMP813 488 TRELLIS WAY 1 04/08/2025 1 ABAG SurveyTMP814 482 TRELLIS WAY 1 04/08/2025 1 ABAG Survey017380051 1030 ORCHID DR 1 09/22/2025 1 ABAG SurveyTMP815 452 TRELLIS WAY 1 06/27/2025 1 ABAG SurveyTMP816 446 TRELLIS WAY 1 06/27/2025 1 ABAG Survey016330025 1657 CEYLON DR 1 1/16/2025 1 ABAG Survey 018160009 191 SUNRISE DR 1 8/27/2025 1 ABAG Survey
010300033 718 BELLMEADE CT 1 1/30/2025 1 ABAG Survey
013120010 616 SECOND ST 1 3/17/2025 1 ABAG Survey
013134006 530 SECOND ST 1 3/26/2025 1 ABAG Survey
018640011 632 WARD CREEK CT 1 7/14/2025 1 ABAG Survey
013134003 556 SECOND ST 1 8/18/2025 1 ABAG Survey
TMP819 1862 BLUEJAY DR 1 7/17/2025 1 ABAG Survey
TMP820 1868 BLUEJAY DR 1 7/17/2025 1 ABAG Survey
016310076 605 SYCAMORE AVE 3 1/10/2025 3 ABAG Survey
TMP792 433 TRELLIS WAY 1 12/8/2025 1 ABAG Survey JADU
TMP794 421 TRELLIS WAY 1 12/8/2025 1 ABAG Survey JADU
TMP803 440 TRELLIS WAY 1 3/31/2025 1 ABAG Survey JADU
TMP806 422 TRELLIS WAY 1 3/31/2025 1 ABAG Survey JADU
TMP403 1910 Morello Dr 0TMP404 1900 Morello Dr 0TMP405 1890 Morello Dr 0017630006 1950 ST MARTIN PL 0TMP684 1991 HELENA WAY 0007660009 1501 MIWOK CT 0TMP827 1685 Arione St 1 3/21/2025 1TMP828 1693 Arione St 1 3/21/2025 1 INC 45TMP829 1697 Arione St 3/21/2025 0 INC 45TMP830 1701 Arione St 1 3/21/2025 1TMP831 1709 Arione St 1 3/21/2025 1TMP813 488 TRELLIS WAY 1 4/3/2025 1 TMP814 482 TRELLIS WAY 1 4/3/2025 1
TMP834 1677 Arione St 1 4/2/2025 1
TMP835 1669 Arione St 1 4/2/2025 1
TMP836 1593 Montclair Pl 1 4/2/2025 1
TMP837 1585 Montclair Pl 1 4/2/2025 1
TMP838 1594 Sleppy St 1 5/12/2025 1TMP839 1586 Sleppy St 1 5/12/2025 1TMP840 1595 Sleppy St 1 5/12/2025 1TMP841 1587 Sleppy St 1 5/12/2025 1TMP803 440 TRELLIS WAY 1 3/31/2025 1 Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units Density Bonus
TMP804 434 TRELLIS WAY 1 3/31/2025 1
TMP805 428 TRELLIS WAY 1 3/31/2025 1TMP806 422 TRELLIS WAY 1 3/31/2025 1TMP817 416 TRELLIS WAY 1 5/8/2025 1 TMP818 410 TRELLIS WAY 1 5/8/2025 1
TMP843 1578 Sleppy St. 1 6/4/2025 1
TMP844 1570 Sleppy St. 1 6/4/2025 1
TMP845 1579 Sleppy St. 1 6/4/2025 1
TMP846 1571 Sleppy St. 1 6/4/2025 1
TMP847 1563 Sleppy St. 1 6/4/2025 1
TMP850 1597 Strathaven Pl. 1 8/13/2025 1TMP872 297 HANSON LN 1 8/21/2025 1TMP873 305 HANSON LN 1 8/21/2025 1TMP874 313 HANSON LN 1 8/21/2025 1TMP875 2303 ADMIRAL CT 1 8/7/2025 1 TMP876 2311 ADMIRAL CT 1 8/7/2025 1
TMP877 2319 ADMIRAL CT 1 8/7/2025 1
TMP878 2327 ADMIRAL CT 1 8/7/2025 1
TMP879 321 HANSON LN 1 8/21/2025 1TMP880 329 HANSON LN 1 8/7/2025 1 TMP815 452 TRELLIS WAY 1 6/27/2025 1TMP816 446 TRELLIS WAY 1 6/27/2025 1TMP900 337 HANSON LN 1 9/5/2025 1 TMP825 1629 Strathaven Pl 1 1/21/2025 1TMP826 1621 Strathaven Pl 1 1/21/2025 1TMP823 1613 Strathaven Pl 1 1/21/2025 1 TMP848 1596 Strathaven Pl. 1 8/13/2025 1TMP849 1588 Strathaven Pl. 1 8/13/2025 1TMP851 1589 Strathaven Pl. 1 8/13/2025 1TMP852 1044 SERPENTINE LN 1 5/27/2025 1TMP853 1052 SERPENTINE LN 1 5/27/2025 1TMP854 1060 SERPENTINE LN 1 5/27/2025 1TMP855 1068 SERPENTINE LN 1 5/27/2025 1TMP856 1151 RIVERBEND DR 1 7/31/2025 1TMP857 1143 RIVERBEND DR 1 7/31/2025 1TMP858 1135 RIVERBEND DR 1 7/31/2025 1TMP859 1127 RIVERBEND DR 1 7/31/2025 1TMP860 1119 RIVERBEND DR 1 7/31/2025 1TMP861 1111 RIVERBEND DR 1 7/31/2025 1TMP864 1095 RIVERBEND DR 1 7/31/2025 1TMP865 1087 RIVERBEND DR 1 7/31/2025 1TMP866 1079 RIVERBEND DR 1 7/31/2025 1TMP867 1071 RIVERBEND DR 1 7/31/2025 1TMP868 1063 RIVERBEND DR 1 7/31/2025 1TMP869 1055 RIVERBEND DR 1 7/31/2025 1TMP870 2458 MEGANOS RD 1 7/17/2025 1TMP871 2450 MEGANOS RD 1 7/17/2025 1TMP881 1580 Strathaven Pl 1 10/20/2025 1 TMP882 1572 Strathaven Pl 1 10/20/2025 1
TMP883 1564 Strathaven Pl 1 10/20/2025 1
TMP884 1581 Strathaven Pl 1 10/20/2025 1
TMP885 1573 Strathaven Pl 1 10/20/2025 1
TMP819 1862 BLUEJAY DR 1 7/17/2025 1TMP820 1868 BLUEJAY DR 1 7/17/2025 1TMP770 486 HUMMINGBIRD WAY 1 7/25/2025 1 INC 45TMP771 480 HUMMINGBIRD WAY 1 7/25/2025 1 INC 45TMP783 487 TRELLIS WAY 1 7/25/2025 1 INC 45TMP784 481 TRELLIS WAY 1 7/25/2025 1 INC 45TMP795 1861 BLUEJAY DR 1 7/25/2025 1 INC 45TMP796 1855 BLUEJAY DR 1 7/25/2025 1 INC 45TMP791 439 TRELLIS WAY 1 12/8/2025 1TMP792 433 TRELLIS WAY 1 12/8/2025 1TMP793 427 TRELLIS WAY 1 12/8/2025 1TMP794 421 TRELLIS WAY 1 12/8/2025 1TMP895 371 VICEROY WAY 1 10/27/2025 1 TMP896 363 VICEROY WAY 1 10/27/2025 1
TMP897 355 VICEROY WAY 1 10/27/2025 1
TMP901 338 VICEROY WAY 1 9/5/2025 1
TMP902 330 VICEROY WAY 1 9/24/2025 1TMP903 322 VICEROY WAY 1 9/24/2025 1TMP904 314 VICEROY WAY 1 9/24/2025 1TMP807 404 TRELLIS WAY 1 10/16/2025 1 TMP808 398 TRELLIS WAY 1 10/16/2025 1
TMP809 1850 BLUEJAY DR 1 10/16/2025 1
TMP937 1047 RIVERBEND DR 1 11/12/2025 1
TMP938 1039 RIVERBEND DR 1 11/12/2025 1
TMP939 1062 RIVERBEND DR 1 11/12/2025 1
TMP940 1054 RIVERBEND DR 1 11/12/2025 1
TMP941 1046 RIVERBEND DR 1 11/12/2025 1
TMP942 1038 RIVERBEND DR 1 11/12/2025 1
TMP943 1598 Ponza Cir 1 12/1/2025 1TMP944 1607 Ponza Cir 1 12/1/2025 1TMP945 1603 Ponza Circle 1 12/1/2025 1TMP946 1599 Ponza Cir 1 12/1/2025 1 00000000000000000000000000000000000
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Streamlining Historic Sites
Housing without
Financial Assistance or
Deed Restrictions
Term of
Affordability or
Deed Restriction
Notes
11 12 13 14 16 17 18 19 20 21 22 23 24 25
Current APN Street Address Project Name+
Acutely
LowIncome Non
Deed
Restricted
Extremely
LowIncome
Deed
Restricted
Extremely
LowIncome Non
Deed
Restricted
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates
of Occupancy
or other
forms of
readiness
Please select the
state
streamlining
provision the
project was APPROVED
pursuant to.
(may select
multiple)
Is this project
located on a site
with an
associated
historical
designation as
outlined in
Government
Code Section
65400(a)(2)(N)
and reported on
Table L?
Assistance
Programs for Each
Development
(may select
multiple - see
instructions)
Deed Restriction
Type
(may select
multiple - see
instructions)
For units affordable
without financial
assistance or deed
restrictions, explain how
the locality determined
the units were affordable
(see instructions)
Term of Affordability
or Deed Restriction
(years) (if affordable
in perpetuity enter
1000)+
Number of
Demolished/Destro
yed Units
Demolished
or Destroyed
Units
Demolished/
Destroyed
Units
Owner or
Renter
Total Density Bonus
Applied to the Project
(Percentage Increase in
Total Allowable Units or
Total Maximum
Allowable Residential
Gross Floor Area)
Number of Other
Incentives,
Concessions,
Waivers, or Other
Modifications
Given to the
Project (Excluding
Parking Waivers or
Parking
Reductions)
List the
incentives,
concessions,
waivers, and
modifications
(Excluding
Parking Waivers
or Parking
Modifications)
Did the project
receive a reduction
or waiver of parking
standards? (Y/N)
Notes+
0001 6 0 7 1 8 62 85 0
17240005 15 QUAIL CT 1 10/29/2025 1 NONE No ABAG Survey17470040 954 COUNTRY GLEN LN 1 08/08/2025 1 NONE No ABAG Survey 17520002 1750 FAIRVIEW AVE 1 03/31/2025 1 NONE No ABAG Survey 10130062 683 ANDERSON AVE UNIT A 1 03/27/2025 1 NONE No ABAG Survey 17240015 946 RANDY WAY UNIT A 1 07/25/2025 1 NONE No ABAG Survey19060003 2431 FAIRVIEW CT 1 11/05/2025 1 NONE No ABAG Survey19420003 801 MONTERROSA CT 1 01/09/2025 1 NONE No ABAG Survey18510005 2586 MARGARET LN 1 02/21/2025 1 NONE No ABAG Survey 16320019 1876 TARRAGON DR 1 04/22/2025 1 NONE No ABAG Survey TMP786 469 TRELLIS WAY 1 05/06/2025 1 NONE No ABAG Survey JADUTMP800 470 TRELLIS WAY 1 05/19/2025 1 NONE No ABAG Survey JADUTMP789 451 TRELLIS WAY 1 06/10/2025 1 NONE No ABAG Survey JADUTMP760 156 HEIRLOOM DR 1 03/03/2025 1 NONE No TMP765 137 HEIRLOOM DR 1 01/06/2025 1 NONE NoTMP766 133 HEIRLOOM DR 1 01/06/2025 1 NONE NoTMP767 129 HEIRLOOM DR 1 01/10/2025 1 NONE NoTMP768 1880 MORELLO DR 1 01/28/2025 1 NONE NoTMP785 475 TRELLIS WAY 1 04/15/2025 1 NONE NoTMP786 469 TRELLIS WAY 1 05/06/2025 1 NONE NoTMP797 500 TRELLIS WAY 1 04/17/2025 1 NONE NoTMP798 494 TRELLIS WAY 1 04/24/2025 1 NONE NoTMP799 476 TRELLIS WAY 1 05/05/2025 1 NONE NoTMP800 470 TRELLIS WAY 1 05/19/2025 1 NONE NoTMP801 464 TRELLIS WAY 1 05/29/2025 1 NONE NoTMP802 458 TRELLIS WAY 1 05/20/2025 1 NONE NoTMP787 463 TRELLIS WAY 1 06/02/2025 1 NONE NoTMP788 457 TRELLIS WAY 1 06/04/2025 1 NONE NoTMP789 451 TRELLIS WAY 1 06/10/2025 1 NONE NoTMP790 445 TRELLIS WAY 1 06/12/2025 1 NONE No 018360014 215 TWILIGHT CT 1 08/26/2025 1 NONE No ABAG Survey 019780010 2289 INDIAN SPRINGS DR 1 01/07/2025 1 NONE No ABAG Survey 013290024 823 MICKELSEN CT 1 10/02/2025 1 NONE No ABAG Survey 012330078 34 GOLD MEADOW CT 1 06/20/2025 1 NONE No ABAG Survey TMP813 488 TRELLIS WAY 1 09/18/2025 1 NONE No ABAG SurveyTMP814 482 TRELLIS WAY 1 09/22/2025 1 NONE No ABAG Survey 017380051 1030 ORCHID DR 1 10/14/2025 1 NONE No ABAG Survey TMP815 452 TRELLIS WAY 1 12/17/2025 1 NONE No ABAG SurveyTMP816 446 TRELLIS WAY 1 12/23/2025 1 NONE No ABAG Survey016330025 1657 CEYLON DR 0 NONE No ABAG Survey018160009 191 SUNRISE DR 0 NONE No ABAG Survey010300033 718 BELLMEADE CT 0 NONE No ABAG Survey013120010 616 SECOND ST 0 NONE No ABAG Survey013134006 530 SECOND ST 0 NONE No ABAG Survey018640011 632 WARD CREEK CT 0 NONE No ABAG Survey 013134003 556 SECOND ST 0 NONE No ABAG SurveyTMP819 1862 BLUEJAY DR 0 NONE No ABAG SurveyTMP820 1868 BLUEJAY DR 0 NONE No ABAG Survey 016310076 605 SYCAMORE AVE 0 NONE No ABAG SurveyTMP792 433 TRELLIS WAY 0 NONE No ABAG Survey JADU TMP794 421 TRELLIS WAY 0 NONE No ABAG Survey JADUTMP803 440 TRELLIS WAY 1 8/25/2025 1 NONE No ABAG Survey JADU TMP806 422 TRELLIS WAY 1 9/10/2025 1 NONE No ABAG Survey JADU TMP403 1910 Morello Dr 1 5/30/2025 1 NONE NoTMP404 1900 Morello Dr 1 5/30/2025 1 NONE NoTMP405 1890 Morello Dr 1 5/30/2025 1 NONE No017630006 1950 ST MARTIN PL 1 3/28/2025 1 NONE NoTMP684 1991 HELENA WAY 1 3/5/2025 1 NONE No007660009 1501 MIWOK CT 1 3/11/2025 1 NONE NoTMP827 1685 Arione St 1 10/29/2025 1 NONE NoTMP828 1693 Arione St 1 10/17/2025 1 NONE No INC 45TMP829 1697 Arione St 1 10/17/2025 1 NONE No INC 45TMP830 1701 Arione St 1 10/22/2025 1 NONE NoTMP831 1709 Arione St 1 10/17/2025 1 NONE NoTMP813 488 TRELLIS WAY 1 9/18/2025 1 NONE NoTMP814 482 TRELLIS WAY 1 9/22/2025 1 NONE NoTMP834 1677 Arione St 1 10/17/2025 1 NONE NoTMP835 1669 Arione St 1 12/4/2025 1 NONE NoTMP836 1593 Montclair Pl 1 10/17/2025 1 NONE NoTMP837 1585 Montclair Pl 1 11/12/2025 1 NONE NoTMP838 1594 Sleppy St 1 11/12/2025 1 NONE NoTMP839 1586 Sleppy St 1 12/8/2025 1 NONE NoTMP840 1595 Sleppy St 1 12/11/2025 1 NONE NoTMP841 1587 Sleppy St 1 11/14/2025 1 NONE NoTMP803 440 TRELLIS WAY 1 8/25/2025 1 NONE NoTMP804 434 TRELLIS WAY 1 8/26/2025 1 NONE NoTMP805 428 TRELLIS WAY 1 9/9/2025 1 NONE NoTMP806 422 TRELLIS WAY 1 9/10/2025 1 NONE NoTMP817 416 TRELLIS WAY 1 11/13/2025 1 NONE NoTMP818 410 TRELLIS WAY 1 11/7/2025 1 NONE NoTMP843 1578 Sleppy St. 1 11/18/2025 1 NONE NoTMP844 1570 Sleppy St. 1 12/4/2025 1 NONE NoTMP845 1579 Sleppy St. 1 12/9/2025 1 NONE NoTMP846 1571 Sleppy St. 1 12/10/2025 1 NONE NoTMP847 1563 Sleppy St. 1 12/12/2025 1 NONE NoTMP850 1597 Strathaven Pl. 1 12/9/2025 1 NONE NoTMP872 297 HANSON LN 1 12/4/2025 1 NONE NoTMP873 305 HANSON LN 1 12/9/2025 1 NONE NoTMP874 313 HANSON LN 1 12/9/2025 1 NONE NoTMP875 2303 ADMIRAL CT 1 11/17/2025 1 NONE NoTMP876 2311 ADMIRAL CT 1 11/17/2025 1 NONE NoTMP877 2319 ADMIRAL CT 1 11/19/2025 1 NONE NoTMP878 2327 ADMIRAL CT 1 11/20/2025 1 NONE NoTMP879 321 HANSON LN 1 12/29/2025 1 NONE No TMP880 329 HANSON LN 1 12/4/2025 1 NONE NoTMP815 452 TRELLIS WAY 1 12/16/2025 1 NONE NoTMP816 446 TRELLIS WAY 1 12/23/2025 1 NONE NoTMP900 337 HANSON LN 1 12/30/2025 1 NONE No Housing with Financial
Assistance and/or Deed
Restrictions
Project Identifier Demolished/Destroyed Units Density Bonus
TMP825 1629 Strathaven Pl 0 NONE No
TMP826 1621 Strathaven Pl 0 NONE NoTMP823 1613 Strathaven Pl 0 NONE NoTMP848 1596 Strathaven Pl. 0 NONE NoTMP849 1588 Strathaven Pl. 0 NONE NoTMP851 1589 Strathaven Pl. 0 NONE NoTMP852 1044 SERPENTINE LN 0 NONE NoTMP853 1052 SERPENTINE LN 0 NONE NoTMP854 1060 SERPENTINE LN 0 NONE NoTMP855 1068 SERPENTINE LN 0 NONE NoTMP856 1151 RIVERBEND DR 0 NONE NoTMP857 1143 RIVERBEND DR 0 NONE NoTMP858 1135 RIVERBEND DR 0 NONE NoTMP859 1127 RIVERBEND DR 0 NONE NoTMP860 1119 RIVERBEND DR 0 NONE NoTMP861 1111 RIVERBEND DR 0 NONE NoTMP864 1095 RIVERBEND DR 0 NONE NoTMP865 1087 RIVERBEND DR 0 NONE NoTMP866 1079 RIVERBEND DR 0 NONE NoTMP867 1071 RIVERBEND DR 0 NONE NoTMP868 1063 RIVERBEND DR 0 NONE NoTMP869 1055 RIVERBEND DR 0 NONE NoTMP870 2458 MEGANOS RD 0 NONE NoTMP871 2450 MEGANOS RD 0 NONE NoTMP881 1580 Strathaven Pl 0 NONE NoTMP882 1572 Strathaven Pl 0 NONE NoTMP883 1564 Strathaven Pl 0 NONE NoTMP884 1581 Strathaven Pl 0 NONE NoTMP885 1573 Strathaven Pl 0 NONE NoTMP819 1862 BLUEJAY DR 0 NONE NoTMP820 1868 BLUEJAY DR 0 NONE NoTMP770 486 HUMMINGBIRD WAY 0 NONE No INC 45TMP771 480 HUMMINGBIRD WAY 0 NONE No INC 45TMP783 487 TRELLIS WAY 0 NONE No INC 45TMP784 481 TRELLIS WAY 0 NONE No INC 45TMP795 1861 BLUEJAY DR 0 NONE No INC 45TMP796 1855 BLUEJAY DR 0 NONE No INC 45TMP791 439 TRELLIS WAY 0 NONE NoTMP792 433 TRELLIS WAY 0 NONE NoTMP793 427 TRELLIS WAY 0 NONE NoTMP794 421 TRELLIS WAY 0 NONE NoTMP895 371 VICEROY WAY 0 NONE NoTMP896 363 VICEROY WAY 0 NONE NoTMP897 355 VICEROY WAY 0 NONE NoTMP901 338 VICEROY WAY 0 NONE NoTMP902 330 VICEROY WAY 0 NONE NoTMP903 322 VICEROY WAY 0 NONE NoTMP904 314 VICEROY WAY 0 NONE NoTMP807 404 TRELLIS WAY 0 NONE NoTMP808 398 TRELLIS WAY 0 NONE NoTMP809 1850 BLUEJAY DR 0 NONE No TMP937 1047 RIVERBEND DR 0 NONE NoTMP938 1039 RIVERBEND DR 0 NONE NoTMP939 1062 RIVERBEND DR 0 NONE NoTMP940 1054 RIVERBEND DR 0 NONE NoTMP941 1046 RIVERBEND DR 0 NONE NoTMP942 1038 RIVERBEND DR 0 NONE NoTMP943 1598 Ponza Cir 0 NONE NoTMP944 1607 Ponza Cir 0 NONE NoTMP945 1603 Ponza Circle 0 NONE NoTMP946 1599 Ponza Cir 0 NONE No 000000000000000000000000000000000000000000000000000000000000000000000000000000
Jurisdiction Brentwood ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2025 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 01/31/2023 - 01/31/2031 1 Projection
Period 34
RHNA Allocation
by Income Level
Projection
Period -
06/30/2022-
01/30/2023
2023 2024 2025 2026 2027 2028 2029 2030 2031
Total Units
to Date (all
years)
Total Remaining
RHNA by
Income Level
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - 1 - - - - - -
Non-Deed Restricted - 6 7 6 - - - - - -
Deed Restricted - 1 - 1 - - - - - -
Non-Deed Restricted - 6 6 6 - - - - - -
Deed Restricted - - - 6 - - - - - -
Non-Deed Restricted - 6 7 6 - - - - - -
Above Moderate 641 - 113 35 97 - - - - - - 245 396
1,522
- 132 55 123 - - - - - - 310 1,212
Income Level
Very Low
- -
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
Please contact HCD if your data is different than the material supplied here 2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
382
25 Moderate
402 232 247
20 20
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected] Low - - *For years prior to 2025, data on deed-restricted vs. non-deed restricted Extremely Low-Income units is approximated from whether the projects reported any deed-restricted Very Low-Income Units. If you wish to edit this historical data for accuracy or have any questions about the data, you may login to HCD's online APR system, or contact HCD staff at [email protected] Units*For jurisdictions that received RHNA determinations for the current cycle prior to the passage of AB 3093 (September 19, 2024):- You were not allocated Acutely Low-Income and Extremely Low-Income RHNA targets, therefore the allocations in Field 1 are listed as "0" - If you wish to set your own targets in these income categories for informational purposes, contact HCD staff at [email protected] All Acutely Low-Income and Extremely Low-Income units reported during the cycle are counted towards Very-Low Income RHNA progress 222
Total RHNA
-
212 Low
*For years prior to 2025, Acutely Low-Income units are reported within the Extremely Low-Income categoryPlease Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data.Extremely Low -
Jurisdiction Brentwood ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2025
(Jan. 1 - Dec.
31) Housing Element Implementation
Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Date of
Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of
Rezone
Very LowIncome Low-Income Moderate- Income Above Moderate- Income Rezone Type Parcel Size (Acres) General Plan Designation Zoning Minimum Density Allowed Maximum Density Allowed Realistic Capacity Vacant/Nonvacant Description of Existing Uses Note: "+" indicates an optional fieldCells in grey contain auto-calculation formulas Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
Jurisdiction Brentwood
Reporting Year 2025 (Jan. 1 - Dec. 31)
1 2 3456 7 8 9
Name of Program Objective
Projected Completion
Date in Housing
Element
Applicable Cycle Status of Program Implementation Program Implementation Details Quantified Outcomes: Category Quantified Outcomes: Count Supporting Documents Action H.1a: Biennial Evaluation
Maintain adequate residential sites. Biennial evaluation of available sites, the City’s midrange density land use policy, and factors suchas built densities, processing time, and impacts on approval and development costs. Adoptamendments within one year if constraints are identified. 2/13/2024 6th Cycle Continuous
The City continues to review the inventory of available sites, including very high-density residential sites, and take appropriate action to ensure an ongoing supply of available sites at appropriate densities to meet projected housing needs. Within the last year, all housing applications have been processed at or above the mid-point and no new constraints have been identified.
Other 0 None
Action H.1b: Accessory Dwelling Units
Amend the ADU ordinance to comply with State law. Amend the ADU ordinance by January 2025 1/1/2025 6th Cycle Completed
The City amended the ADU Ordinance to be consistent with State law on January 2023, and again in February 2025, and January 2026. Initial ADU production in 2025 (20 ADUs) continued to exceed initial estimates (14 ADUs).
Other 1
City Meeting agendas, reports, and videos can be found here: https://www.brentwoodca.gov/government/meeting-information For final signed Ordinances or Resolutions, please email [email protected] Action H.1b: Accessory Dwelling Units
Implement a permit-ready ADU program (pre-approved ADU plans that do not require additional review); Post a userfriendly FAQ on the City’s website to assist the public and advertise ADU resources across online social media platforms; Create an expedited plan check review process; Research potential State and Regional funding sources for affordable ADUs and make information publicly available. Implement remaining objectives by January 2026 1/1/2026 6th Cycle Completed
The City applied to be a part of the Accessory Dwelling Unit (ADU) Accelerator Program, which was created for jurisdictions located in California Senate District 7. ADU Accelerator Program grants were available in 2025 to incentivize property owners to construct accessory dwelling units through a rebate program. This program as well as userfriendly FAQ was posted on the City’s website.
Other 1
ADU Website link: https://www.brentwoodca.gov/government/community-development/developmentservices/accessory-dwelling-units ADU Accelerator Program Link: https://www.brentwoodca.gov/government/community-development/developmentservices/adu-accelerator-program
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583
Action H.1c: ADU and
JADU Monitoring
Create and implement an ADU and JADU monitoring program; Annually review development trends and make changes proportional to potential gaps as needed by the midpoint of the planning period, if actual production and affordability of ADUs is not keeping pace with assumed trends in the inventory, the City shall establish a process to provide additional incentives which may include, but are not limited to, density increases, fee incentives, or other strategies for projects incorporating ADUs, or other similar actions. If actual production and affordability is near anticipated trends, then measures like outreach and marketing might be more appropriate. 2/13/2025 6th Cycle Continuous
The City is continues to monitor ADU and JADU development throughout the City. ADU production in 2025 (20 ADUs) continues to exceed initial estimates (14 ADUs) so no changes or actions are being considered at this time.
Other 0
ADU Website link: https://www.brentwoodca.gov/government/community-development/developmentservices/accessory-dwelling-units Action H.1d: Monitor AtRisk Projects
Monitor units at-risk of converting to market-rate and outreach to property owners to identify resources and programs available to maintain affordability; Identify and pursue funding opportunities to assist in the preservation of at-risk, affordable units; Investigate opportunities to convert existing market-rate units to affordable units through rehabilitation improvement assistance; Comply with noticing requirements; Provide tenant education and assistance through a variety of methods including, but not limited to, informational materials online and inperson at City Hall, annual workshops or informational webinars, and/or partnerships with local organizations and agencies that provide assistance to renters and low-income households; Coordinate with qualified entities in identifying solutions to maintaining affordability for units atrisk of converting to market rate. 2/13/2024 6th Cycle Continuous
The City did not identify an "at risk" units during the recent Housing Element update. The City is currently working on updating tenant education and assistance materials to be placed on the City's website and at City Hall.
Other 0
Tenant education and assistance can be found on the City's affordable housing website: https://www.brentwoodca.gov/government/community-development/affordable-housing Action H.1e: Community Education Regarding the Availability of Rehabilitation Programs Collaborate with relevant agencies and organizations to discuss and review available resources; Agencies and organizations the City currently collaborate and partners with include, but is not limited to, Contra Costa County HOME Consortium, CDBG Urban County, Village Drive Resource Center, ECHO Housing, Inc. Continue to host an annual City Council meeting with a CDBG representative to discuss rehabilitation funds for older housing units and programs to assist property owners; Proactively outreach to households and provide educational opportunities on available programs for special housing needs populations; Maintain informational materials online; Seek to assist in rehabilitating 30 housing units through community education and outreach efforts.
1/1/2031 6th Cycle Continuous
The City continues to
encourage particpation in affordable housing programs through updates and information on a range of programs promoting affordable housing on the City's website. In addition, the City regularly refers residents to the Contra Costa County Neighborhood Preservation Program (NPP) in order to apply for rehabilitation grants. The City is unable to quantify how many housing units are able to receive grants since the City does not administer the funding but provides education and outreach efforts to those in need.
Units 9
Links to relevant agencies, resources, and available programs can be found on the City's affordable housing website: https://www.brentwoodca.gov/government/community-development/affordable-housing
Action H.1f: Housing
Condition Survey
Conduct a housing condition survey annually and advertise through the utilities bill, newsletters, newspaper, social media, and on the City’s website; Update the housing condition survey and annually monitor the number of units in need of rehabilitation. Update the survey every five years. Provide information online on resources available to units in need of rehabilitation; Identify new programs or actions needed to address units in need of rehabilitation depending on the data collected by the survey. This may include allocating additional funding towards assisting homeowners with upgrades, conducting informational workshops on available resources, sending out mailers to households in need of rehabilitation with resources, or other similar actions. 2/13/2029 6th Cycle Continuous
The City provided an initial Housing Condition Survey as part of the Housing Element Update and will provide an update survey by 2029. The City is annually assessing programs to assist in addressing future rehabilitation.
Other 0
Links to relevant agencies, resources, and available programs can be found on the City's affordable housing website: https://www.brentwoodca.gov/government/community-development/affordable-housing Action H.1g: Residential Design Guidelines
Implement the Residential Design Guidelines; Annually meet with housing developers to provide them with information on the Residential Design Guidelines and receive input and feedback. If constraints are identified as part of the feedback received, the City will adopt amendments within 6 months. 2/13/2024 6th Cycle In Progress
The City adopted Interim Residential Design Guidelines in 2023 and is holding public meetings for permenant Objective Design Guidelines to be complete in early 2026. Public outreach includes both community and developer outreach as part of the process.
Other 0
Residential Objective Design Standards website: https://www.brentwoodca.gov/government/community-development/residential-objectivedesign-standards Action H.1h: Code Enforcement
Maintain code compliance; Assist homeowners in addressing code enforcement violations through technical assistance. The Code Enforcement Division currently mails informational materials to all new homeowners quarterly, and they also attend community events to provide educational materials and speak at HOAs; Seek and pursue funding opportunities to provide resources for homeowners. 2/13/2024 6th Cycle Continuous
The City employs five fulltime code enforcement personnel who provide both proactive and reactive code enforcement to ensure adherence to and address land use regulations and State and local laws, health and safety concerns, property maintenance, and nuisance conditions.
Other 0
Community Enrichment website: https://www.brentwoodca.gov/government/community-development/communityenrichment Action H.1i: Water Conservation Program
Implement the Water Conservation Program. 2/13/2024 6th Cycle Continuous The City continues to implement the City's Water Conservation Program, which promotes the use of water conservation devices in existing structures, including use of low-flow toilets and shower heads, and water-conserving landscaping.
Other 0
Water Conservation website: https://www.brentwoodca.gov/government/public-works/water/water-conservation Action H.1j: Energy Efficient Design
Implement the California Green Building Standards Code; Provide information on LEED certification online and outreach to housing developers with informational materials. 2/13/2024 6th Cycle Continuous
The City continues to implement the California Green Building Standards Code (CalGreen), encouraging new development and substantial rehabilitation projects to achieve a greater reduction in efficiency and conservation where feasible.
Other 0
Building Division website: https://www.brentwoodca.gov/government/community-development/building
Action H.1k:
Condominium Conversion
Monitor condominium conversions. 2/13/2024 6th Cycle Continuous The City has not received any applications for condominium conversions, however, if an application is submitted, the City will continue to implement its adopted condominium conversion ordinance to regulate conversions of multi-family units and to mitigate tenant displacement and minimize displacement of seniors, disabled, and low- and moderate-income residents.
Other 0 None
Action H.1l: Farmworker and Employee Housing
Amend the Zoning Code to comply with State requirements regarding farmworker and employee housing. 1/1/2025 6th Cycle Completed
Completed. The City adopted Zoning Code Amendments to comply with this Action. A definition for “Employee Housing” is being added to the BMC Chapter 17.030 (Definitions) and amendments are being made throughout the Zoning Ordinance to allow employee housing, in compliance with California Health and Safety Code Section 17021.5, subject only to the same requirements as other residential uses within the same zones.
Other 1
City Meeting agendas, reports, and videos can be found here: https://www.brentwoodca.gov/government/meeting-information The City's updated Zoning Code can be found here: https://ecode360.com/43617892 For final signed Ordinances or Resolutions, please email [email protected] Action H.1m: Senate Bill 35 Streamlining
Establish SB 35 procedures and provide information online; Develop and implement the program. 1/1/2025 6th Cycle Completed
Completed. The City adopted Zoning Code Amendments to comply with this Action and a new application form has been added to the City's website.
Other 1
City Meeting agendas, reports, and videos can be found here: https://www.brentwoodca.gov/government/meeting-information The City's updated Zoning Code can be found here: https://ecode360.com/43617892 For final signed Ordinances or Resolutions, please email [email protected] Action H.1n: Residential Incentives
Promote existing incentives and identify potential new incentives for the development of residential uses on sites identified in the Sites Inventory that allow both residential and nonresidential uses; Establish and implement a residential incentives program to encourage residential development on mixed use sites. Annually promote the program to the development community. 1/1/2031 6th Cycle Continuous
The City recently updated the Affordable Housing Ordinance in 2025 and currently provides incentives including but not limited to Development Processing Fee Defferral, Development Inmpact Fee Deferral, and Flexible Design Standards Other 0
City Meeting agendas, reports, and videos can be found here: https://www.brentwoodca.gov/government/meeting-information The City's updated Zoning Code can be found here: https://ecode360.com/43617892 For final signed Ordinances or Resolutions, please email [email protected] Action H.1o: Safety Element Update
Adopt an updated Safety Element, which identifies and addresses flood and fire hazards. 1/1/2025 6th Cycle Completed
Completed. The City adopted adopted a new Safety Element in June 2024 to comply with this Action that identified and addressed all new flood and fire hazards.
Other 1
Updated General Plan: https://www.brentwoodca.gov/government/community-development/planning/long-rangeplanning Action H.1p: Replacement Housing
Adopt a replacement housing program for units lost that are currently occupied by lower-income households or households subject to affordability requirements of Government Code Section 66300 within the last five years. 1/1/2025 6th Cycle Completed
Completed. The City adopted Zoning Code Amendments to comply with this Action. Chapter 17.910 (Replacement Housing) was added to the BMC that ensures any units currently occupied by lowerincome households, or households subject to affordability requirements within the last five years, that are lost for housing units are replaced in compliance with Government Code Section 66300.
Other 1
City Meeting agendas, reports, and videos can be found here: https://www.brentwoodca.gov/government/meeting-information The City's updated Zoning Code can be found here: https://ecode360.com/43617892 For final signed Ordinances or Resolutions, please email [email protected]
Action H.1q: No Net Loss
Monitor housing sites to ensure adequate sites to accommodate the remaining unmet RHNA by each income category. 2/13/2024 6th Cycle Continuous
The City has continued to monitor and maintain adequate sites to accommodate the remaining unmet RHNA by each income category.
Other 0 None
Action H.1r: Parking Standards for Studios and 1-Bedroom Units Adopt Zoning Code updates for multifamily unit parking requirements by requiring 1.5 parking spaces per 1-bedroom units and 0.5 spaces per 0-bedroom units. 1/1/2025 6th Cycle Completed
Completed. The City adopted Zoning Code Amendments to comply with this Action. Amendments to Chapter 17.620 (Off-Street Parking) were made to address this action.
Other 1
City Meeting agendas, reports, and videos can be found here: https://www.brentwoodca.gov/government/meeting-information The City's updated Zoning Code can be found here: https://ecode360.com/43617892 For final signed Ordinances or Resolutions, please email [email protected] Action H.1s: CUP and Design and Site Development Review Findings Adopt Zoning Code updates removing subjectivity in application findings for CUPs and Design and Site Development Reviews. 1/1/2025 6th Cycle Completed
Completed. The City adopted Zoning Code Amendments to comply with this Action. Amendments to Chapter 17.820 (Design and Site Review) and Chapter 17.830 (Conditional Use Permit) were made to address this action and make all findings objective.
Other 1
City Meeting agendas, reports, and videos can be found here: https://www.brentwoodca.gov/government/meeting-information The City's updated Zoning Code can be found here: https://ecode360.com/43617892 For final signed Ordinances or Resolutions, please email [email protected] Action H.1t: Mid-Point Policy
Adopt Zoning Code/General Plan updates removing discretion or constraints, such as requiringthe exercise of transferable agricultural credits, significant added amenities, extensive off-site public improvements, or other significant improvements for projects requesting densities above the mid-point for all residential land use categories. 1/1/2025 6th Cycle In Progress
The City is working on updating the Zoning Code/General Plan to remove constraints related to mid-point density. At this time, the City continues to monitor all projects and has ensured that no added constraints currently exist.
Other 0 None
Action H.2a: Compliance with Affordable Housing Ordinance Annually monitor development of affordable housing units and adjust ordinance as needed. Provide information on the Affordable Housing Ordinance online and annually outreach to housing developers to provide information on the Ordinance. 2/13/2024 6th Cycle Continuous
In 2025, after review of the City's Affordable Housing Ordinance, the City Council adopted a new Ordinance increasing the affordable housing obligation to 18%.
Other 0
City Meeting agendas, reports, and videos can be found here: https://www.brentwoodca.gov/government/meeting-information The City's updated Zoning Code can be found here: https://ecode360.com/43617892 For final signed Ordinances or Resolutions, please email [email protected] Action H.2b: Additional Development Incentives for Affordable Housing Provide incentives to affordable housing projects to encourage development of units. Establish procedures, by January 2025, for the provision of direct financial assistance, if available, in the form of a loan or grant from the City housing funds for development of ownership and/or rental units affordable to lower income households in accordance with the City’s affordable housing ordinance. 1/1/2025 6th Cycle Continuous
The City continues to review potential development incentives for affordable housing. In 2025, the City started the Accessory Dwelling Unit (ADU) Accelerator Program, which was created for jurisdictions located in California Senate District 7. ADU Accelerator Program grants are available to incentivize property owners to construct accessory dwelling units through a rebate program.
Other 0
ADU Accelerator Program Link: https://www.brentwoodca.gov/government/community-development/developmentservices/adu-accelerator-program Action H.2c: First-Time Homebuyer Assistance Program
Provide informational materials on the First-Time Homebuyer Assistance Program online and outreach to the community; Annually host an in-person First-Time Homebuyer workshop with approved lenders, community groups, credit counseling, and other relevant groups/organizations to provide assistance to potential homebuyers; Assist 20 households in accessing FirstTime Homebuyer assistance during the planning period.
1/1/2031 6th Cycle Continuous
In 2025, provided down payment assistance through loans to five households totaling approximately $100K. In addition, the City’s housing staff met with 66 families/households providing information and/or assistance with the City’s first time homebuyer programs.
Households 5
Links to relevant affordable housing programs can be found on the City's affordable housing website: https://www.brentwoodca.gov/government/community-development/affordable-housing
Action H.2d: Affordable
Housing Assistance
Annually identify, pursue, and make affordable housing development funds available for affordable housing projects; At the time an application is submitted for affordable housing, the City shall review available funding sources and programs to determine if there are funds available for the project to claim; Provide technical assistance for developers to access financial assistance and funding sources; Coordinate with other public agencies to access resources and pursue funding opportunities; Utilize the Senior Analyst that manages affordable programs to be the point-of-contact for developers seeking information and assistance, as well as to identify and pursue funding opportunities; Through these resources and assistance, aim to facilitate the development of 50 extremely low-,50 very low-, and 50 low-income units during the planning period. 1/1/2031 6th Cycle Continuous
The City continues to annually identify, pursue, and make affordable housing development funds available for affordable housing projects. In 2025, the City started the Accessory Dwelling Unit (ADU) Accelerator Program, and received grant applications for six properties in 2025, qualifying for a total of $30,000 in grants. The City also opened up the FirstTime home buyer program resulting in five assistance loans to qualifying families.
Units 65
Links to relevant affordable housing programs can be found on the City's affordable housing website: https://www.brentwoodca.gov/government/community-development/affordable-housing Action H.2e: Partnership Program
Meet with developers and outside agencies when interest is expressed and follow up annually; Outreach to local and regional nonprofits and other entities engaged in building affordable housing to identify partnership opportunities; Host builder and developer roundtable meetings to identify opportunities and market available incentives and resources; Proactively market candidate sites and incentives to the development community to build relationships and interest. 2/13/2024 6th Cycle Continuous
The City's Planning and Economic Development teams continue to meet with developers and outside agencies when interest is expressed in building affordable housing. In addition, the City's Economic Development team proactively market candidate sites within the Innovation Center to the development community to build relationships and interest on parcels within the City's Sites Inventory.
Other 0
Economic Development website proactively marketing the Innovation Center: https://www.brentwoodca.gov/business/economic-development/the-innovation-center-atbrentwood Action H.2f: Support Housing Sponsors
Contact interested housing sponsors on an annual basis; Establish and implement a housing sponsors program aimed at supporting the development of affordable units though the following actions such as, but not limited to, support of grant applications, identifying available sites for housing development, City involvement in the development of such sites, and City financial support and contact of housing sponsors; Aim to facilitate the development of 50 affordable units from local partnerships and the housing sponsors program. 1/1/2031 6th Cycle Continuous
The City's Planning Development team continue to meet with developers and outside agencies when interest is expressed in building affordable housing. In addition, the City's Economic Development team proactively market candidate sites within the Innovation Center to the development community to build relationships and interest on parcels within the City's Sites Inventory.
Units 0
Economic Development website proactively marketing the Innovation Center: https://www.brentwoodca.gov/business/economic-development/the-innovation-center-atbrentwood Action H.2g: Streamline Application Process
Biennially review development review processes and meet with developers to identify potential constraint to the development of housing. If constraints are identified as part of the feedback received, the City will adopt amendments within 6 months. 2/13/2024 6th Cycle Continuous
The City continues to review development review processes to identify potential constraint to the development of housing. While no constraints were identified in 2025, if constraints are identified as part of the feedback received, the City will adopt amendments within 6 months.
Other 0 None
Action H.2h: Land Acquisition
Identify potential residential land for affordable housing, to the extent that financial and staff resources are available to proceed with purchase of land; Pursue funding opportunities for the acquisition of land for the purpose of partnering with organizations and developers to develop affordable housing. 2/13/2024 6th Cycle Continuous
The City continues to investigate potential options for affordable housing although no opportunities were presented in 2025.
Other 0 None
Action H.2i: Density
Bonus Ordinance
Update the Density Bonus Ordinance in compliance with State law requirements. As of February 2023, the City Council has authorized Staff to move forward with a focused update of the Zoning Ordinance, including the Density Bonus Ordinance, and is anticipated to be completed by mid2024. 12/1/2024 6th Cycle Completed
Completed. The City adopted Zoning Code Amendments to comply with this Action. Amendments were made to Chapter 17.720 Density Bonus Program to be in compliance with all State law requirements.
Other 1
City Meeting agendas, reports, and videos can be found here: https://www.brentwoodca.gov/government/meeting-information The City's updated Zoning Code can be found here: https://ecode360.com/43617892 For final signed Ordinances or Resolutions, please email [email protected] Action H.2j: Priority Building Inspections for Affordable Housing Projects Provide priority building inspections to housing projects with lower-income units. 2/13/2024 6th Cycle Continuous The City continues to monitor affordable housing projects and assist in providing priority building inspections upon request on a case-by-case basis.
Other 0 None
Action H.2k: Support Flexibility for Certain Residential Development Standards Provide information online on programs available for projects proposing affordable housing units and collaborate with developers on potential opportunities for flexible development standards on certain vacant lots; Adopt objective development standards and conduct community and developer outreach as part of the process. This outreach may include, but is not limited to, workshop, meetings, informational handouts, e-blasts, newsletters, and phone calls. 2/13/2024 6th Cycle Continuous
The City adopted Interim Residential Design Guidelines in 2023 and is currently working on public outreach for permenant Objective Design Guidelines to be complete in 2026. Public outreach includes both community and developer outreach as part of the process.
Other 0
Objective Design Standards website: https://www.brentwoodca.gov/government/community-development/residential-objectivedesign-standards Action H.2l: Development Fees
Address potential constraints to affordable housing as it relates to development fees; Conduct a Community Development comprehensive fee update. 7/1/2026 6th Cycle Completed
Completed. In November 2024, the adopted an updated City Council User Fee Report and amend the FY 2023/24 Cost Allocation Plan and Schedule of City Fees to adopt, change, and eliminate certain project and permitting fees including those that may be potential constraints to affordable housing.
Other 1
City Meeting agendas, reports, and videos can be found here: https://www.brentwoodca.gov/government/meeting-information The City's updated Zoning Code can be found here: https://ecode360.com/43617892 For final signed Ordinances or Resolutions, please email [email protected] Action H.2m: Water and Sewer Priority
Comply with requirements of State law associated with provision of Housing Element to water and sewer providers. 2/13/2024 6th Cycle Completed
The City continues to comply with all requirements of State law associated with provision of Housing Element to water and sewer providers.
Other 1 None
Action H.2n: Affordability Monitoring
Monitor affordable housing projects that receive City assistance; Per City Ordinance, continue to require affordable housing projects that receive City assistance to enter into an affordable housing agreement with the City that includes provisions to ensure initial and continuing affordability. 1/1/2031 6th Cycle Continuous
The City continues to monitor affordable housing projects that receive City assistance and require all new projects to enter into an affordable housing agreement with the City that includes provisions to ensure initial and continuing affordability.
Other 0 None
Action H.2o: By-Right Development of 5th and 4th Cycle Sites Allow by-right development for qualifying sites pursuant to Government Code section 65583.2(c). 2/13/2024 6th Cycle Completed
Completed. The Code was updated to allow by-right development for qualifying sites pursuant to Government Code section 65583.2(c).
Other 1
City Meeting agendas, reports, and videos can be found here: https://www.brentwoodca.gov/government/meeting-information The City's updated Zoning Code can be found here: https://ecode360.com/43617892 For final signed Ordinances or Resolutions, please email [email protected] Action H.2o: Monitor Effects of Regional Fees
Continue to appoint one City Council Member and one Planning Commissioner to represent the City of Brentwood on the ECCCRFFA; Continue to participate in regular meetings of the JPA, and work with the other members of the ECCRFFA to pursue and support reductions to the regional fee for higher-density residential uses near major transit stops and affordable housing developments. 1/1/2031 6th Cycle Continuous
In 2025, the continued appoint members to represent the City on the ECCCRFFA in order to pursue and support reductions to the regional fee for higher-density residential uses near major transit stops and affordable housing developments.
Other 0 None
Action H.3a: Affordable
Housing Design and Distribution
Monitor affordable housing design and distribution requirements and make information on requirements available to developers and the community online; Adopt revisions to mixed-use design requirements following the adoption of the objective development standards. 1/1/2031 6th Cycle Continuous
The City adopted Interim Residential Design Guidelines in 2023 and is currently working on public outreach for permenant Objective Design Guidelines to be complete in 2026. The updated Objective Design Standards will include revisions to mixed-use design requirements.
Other 0
Objective Design Standards website: https://www.brentwoodca.gov/government/community-development/residential-objectivedesign-standards Action H.3b: Community Education
Maintain informational materials online; Annually host events/workshops to inform the community of affordable housing programs and provide informational sessions on the housing market, density examples, and community need; Annually create and advertise informational materials related to housing such as, but not limited to, the housing market, resources available to the community, development projects, what different densities look like, FAQ on affordable units, and the inclusionary ordinance. Update materials by January 2025; review and update, if necessary, on a biennial basis; host community events annually; Create and advertise informational materials annually 1/1/2025 6th Cycle Continuous
Materials were updated by 2025. The City continues include a wide range of educational materials on the City's website as well as continued social media posts throughout the year on housing related topics including advertising informational materials related to housing such as, but not limited to, the housing market, resources available to the community, development projects, what different densities look like, FAQ on affordable units, and the inclusionary ordinance.
Other 0
Links to relevant agencies, resources, and available programs can be found on the City's affordable housing website: https://www.brentwoodca.gov/government/community-development/affordable-housing Action H.3c: Development Incentives
Provide a package to relevant entities and online summarizing available incentives for the development of units affordable to lower- and moderate-income households; Biennial review of the incentive package with the development community to receive feedback on the efficacy of the incentives. Within one year of receiving feedback, identify if changes to the package are necessary to further incentivize affordable development. Update materials by January 2024; review and update, if necessary, on a biennial basis 2/13/2024 6th Cycle Continuous
Materials were updated in 2024. The City continues to monitor potential incentives for development of affordable units through the annual review of the City's Affordable Housing Ordinance. In addition, the City's Economic Development team proactively market candidate sites to the development community and meets regularly to build relationships and interest on parcels within the City's Sites Inventory.
Other 0
Links to relevant agencies, resources, and available programs can be found on the City's affordable housing website: https://www.brentwoodca.gov/government/community-development/affordable-housing Action H.3d: Marketing Materials
Provide marketing materials to affordable housing developers and include an inventory of sites and information regarding housing needs (also see similar actions in Action H.2e and H.2f). Update materials by January 2024; review and update on a biennial basis 2/13/2024 6th Cycle Continuous
The City's Planning Development team continue to meet with developers and outside agencies when interest is expressed in building affordable housing. In addition, the City's Economic Development team proactively market candidate sites within the Innovation Center to the development community to build relationships and interest on parcels within the City's Sites Inventory.
Other 0
Economic Development website proactively marketing the Innovation Center: https://www.brentwoodca.gov/business/economic-development/the-innovation-center-atbrentwood Action H.3e: Meet with Potential Developers
Outreach to developers with potential residential development opportunities. 1/1/2031 6th Cycle Continuous The City's Planning Development team continue to meet with developers and outside agencies when interest is expressed in building affordable housing. In addition, the City's Economic Development team proactively market candidate sites within the Innovation Center to the development community to build relationships and interest on parcels within the City's Sites Inventory.
Other 0
Economic Development website proactively marketing the Innovation Center: https://www.brentwoodca.gov/business/economic-development/the-innovation-center-atbrentwood
Action H.3f: Housing for
Extremely Low-, Very Low-, and Low-Income Residents
Meet with housing developers to discuss available programs and funding sources to develop lower-income housing units; Provide technical assistance to affordable housing developers in the form of one-onone meetings to review applications and potential projects with affordable housing staff, share financing and funding resources, connect potential applications to other agencies or organizations with additional resources and assistance; Provide written support letters for funding applications from affordable housing developers. 1/1/2031 6th Cycle Continuous
The City's Planning Development team continue to meet with developers and outside agencies when interest is expressed in building affordable housing. In addition, the City's Economic Development team proactively market candidate sites within the Innovation Center to the development community to build relationships and interest on parcels within the City's Sites Inventory.
Other 0 None
Action H.3g: Improve Participation in Existing Local Housing Assistance Conduct multilingual outreach to the community with available housing assistance programs 1/1/2031 6th Cycle Continuous
The City continues to provide educational and informational handouts related to avaiable resources and FAQs in both english and spanish to all new residents in the City.
Other 0
Links to relevant agencies, resources, and available programs can be found on the City's affordable housing website: https://www.brentwoodca.gov/government/community-development/affordable-housing Action H.4a: Affirmatively Further Fair Housing
Pursuant to Assembly Bill 686 (AB 686), Chapter 958 Statutes 2018, the City shall affirmatively further fair housing by taking meaningful actions that foster inclusive communities free from barriers that restrict access to opportunities based on protected characteristics, as defined by State law. The City shall collaborate with the community, stakeholders, and appropriate organizations and agencies to address potential constraints to fair housing. 1/1/2031 6th Cycle Continuous
In 2025, the City began work on analyzing and identifying barriers to entry into homeownership or rental opportunities, reviewing restrictions that may prevent disadvantaged groups from locating in Brentwood, and fostering a more inclusive community for all disadvantaged groups. This work is on going and will continue throughout the Planning cycle.
Other 0
Links to relevant agencies, resources, and available programs can be found on the City's affordable housing website: https://www.brentwoodca.gov/government/community-development/affordable-housing Action H.4b: Cooperative Association with NonProfits
Maintain information online on non-profits that provide fair housing assistance and services and, on a need basis, refer cases and questions to said non-profits. 1/1/2031 6th Cycle Continuous
The City continues include a wide range of educational materials on the City's website throughout the year on housing related topics including advertising informational materials related to housing such as, but not limited to, the housing market, resources available to the community, development projects, what different densities look like, FAQ on affordable units, regional assistance programs, and the inclusionary ordinance.
Other 0
Links to relevant agencies, resources, and available programs can be found on the City's affordable housing website: https://www.brentwoodca.gov/government/community-development/affordable-housing Action H.4c: Disseminate Fair Housing Information
Disseminate fair housing information annually throughout the community and annually meet with local organizations and agencies to provide information on available resources. 1/1/2031 6th Cycle Continuous
The City continues include a wide range of educational materials on the City's website on housing related topics including advertising informational materials related to housing such as, but not limited to, the housing market, resources available to the community, development projects, what different densities look like, FAQ on affordable units, regional assistance programs, and the inclusionary ordinance.
Other 0
Links to relevant agencies, resources, and available programs can be found on the City's affordable housing website: https://www.brentwoodca.gov/government/community-development/affordable-housing
Action H.4d: Foreclosure
Prevention and Loan Modification Information
Maintain information online on resource for foreclosure prevention and loan modification. 1/1/2031 6th Cycle Continuous
The City continues include a wide range of educational materials on the City's website throughout the year on housing related topics including advertising informational materials related to housing such as, but not limited to, the housing market, resources available to the community, development projects, what different densities look like, FAQ on affordable units, regional assistance programs, and the inclusionary ordinance.
Other 0
Links to relevant agencies, resources, and available programs can be found on the City's affordable housing website: https://www.brentwoodca.gov/government/community-development/affordable-housing Action H.4e: Housing Opportunities for Special Needs Groups Facilitate the construction of 50 special needs units (farmworker, affordable senior, disabled, developmentally disabled, large households, femaleheaded household, homeless) during the planning period; Annually coordinate with housing developers to discuss potential constraints and resources for developing housing for special needs groups. 1/1/2031 6th Cycle Continuous
The City's Planning Development team continue to meet with developers and outside agencies when interest is expressed in building affordable housing including those with special needs. In addition, the City's Economic Development team proactively markets candidate housing sites to the development community to build relationships and interest on parcels within the City's Sites Inventory.
Units 0 None
Action H.4f: Coordination with Agencies Serving the Homeless Participate in local and regional efforts to address the needs of persons experiencing homelessness; As available, provide funding assistance and support funding applications for efforts addressing homelessness; Seek and pursue funding opportunities to address homelessness in the City and participate in regional efforts. 1/1/2031 6th Cycle Continuous
The City continues to participate in local and regional efforts to address the needs of persons experiencing homelessness including a Community Townhall event in Januiary 2024 related to a discussion on homelessness. The City has continued to seek and pursue funding opportunities to address homelessness in the City and participate in regional efforts.
Other 0
Links to relevant agencies, resources, and available programs can be found on the City's affordable housing website: https://www.brentwoodca.gov/government/community-development/affordable-housing Action H.4g: Reasonable Accommodation
Maintain updated information on reasonable accommodations on the City’s website; Biennially review and update applicable procedures and/or requirements to remove potential constraints; Provide information on housing resources available to persons with disabilities to the Regional Center and other local groups or organizations serving the needs of persons with disabilities. 1/1/2031 6th Cycle Continuous
In 2024, the City updated the Reasonable Accomodations section of the Zoning Code including drafting a new reasonable accomodations handout and application form. Amendments to Chapter 17.760 (Reasonable Accommodations for Persons with Disabilities) were made to address this action and make all findings objective.
Other 0
City Meeting agendas, reports, and videos can be found here: https://www.brentwoodca.gov/government/meeting-information The City's updated Zoning Code can be found here: https://ecode360.com/43617892 For final signed Ordinances or Resolutions, please email [email protected] Action H.4h: Low-Barrier Navigation Center
Adopt and implement procedures and regulations to process low-barrier navigation centers. Procedures shall include establishing a ministerial approval process pursuant to State law. 1/1/2025 6th Cycle Completed
Completed. The City adopted Zoning Code Amendments to comply with this Action. A definition for “Low-Barrier Navigation Center” was added to Chapter 17.030 (Definitions). In addition, the Code was amended to allow low-barrier navigation centers in areas zoned for mixed uses and nonresidential zones permitting multi-family uses.
Other 1
City Meeting agendas, reports, and videos can be found here: https://www.brentwoodca.gov/government/meeting-information The City's updated Zoning Code can be found here: https://ecode360.com/43617892 For final signed Ordinances or Resolutions, please email [email protected]
Action H.4i: Housing for
Persons with Developmental Disabilities
Collaborate with housing developers and local organizations to identify the needs of local persons with developmental disabilities; Seek State and Federal funding and support funding applications; Establish regulatory incentives for projects proposing housing for persons with developmental disabilities. 1/1/2027 6th Cycle Continuous
The City's Planning Development team continue to meet with developers and outside agencies when interest is expressed in building affordable housing including those with special needs. In addition, the City's Economic Development team proactively markets candidate sites within the Innovation Center to the development community to build relationships and interest on parcels within the City's Sites Inventory.
Other 0 None
Action H.4j: Single-Room Occupancy (SRO) Units
Define Single-Room Occupancy Units in the Municipal Code; Collaborate with local organizations and agencies to discuss the needs of persons who previously experienced homelessness; Support and, when possible, fund local and regional efforts to address the housing needs of persons in Brentwood who previously experienced homelessness. 1/1/2026 6th Cycle Completed
Completed. The City adopted Zoning Code Amendments to comply with this Action. A definition for “Single-Room Occupancy” was added to Chapter 17.030 (Definitions) to address this action.
Other 1
City Meeting agendas, reports, and videos can be found here: https://www.brentwoodca.gov/government/meeting-information The City's updated Zoning Code can be found here: https://ecode360.com/43617892 For final signed Ordinances or Resolutions, please email [email protected] Action H.4k: Emergency Shelters
Amend the Municipal Code parking requirements for emergency shelters in compliance with AB 139; Amend the Municipal Code to allow emergency shelters by-right in at least one zone that allows residential and revise the definition of emergency shelters pursuant to AB 2339 (2023). 1/1/2025 6th Cycle Completed
Completed. The City adopted Zoning Code Amendments to comply with this Action. Amendments to Chapter 17.770 (Emergency Shelters) were made to modify parking requirements for emergency shelters. Amendments were also made to Chapter 17.448 PD38, Subarea C to clarify that residential uses are also permitted consistent with AB 2339. Lastly, definitions for “Bridge Housing” “Respite/Recuperative care” were added to Chapter 17.030 (Definitions).
Other 1
City Meeting agendas, reports, and videos can be found here: https://www.brentwoodca.gov/government/meeting-information The City's updated Zoning Code can be found here: https://ecode360.com/43617892 For final signed Ordinances or Resolutions, please email [email protected] Action H.4l: By-Right Permanent Supportive Housing (AB 2162) Amend the Municipal Code to permit byright permanent supportive housing in compliance with Government Code section 65651. 1/1/2025 6th Cycle Completed
Completed. The City adopted Zoning Code Amendments to comply with this Action. The Code was amended throughout to allow supportive housing in areas zoned for multifamily and mixed uses, including non-residential zones permitting multifamily uses Other 1
City Meeting agendas, reports, and videos can be found here: https://www.brentwoodca.gov/government/meeting-information The City's updated Zoning Code can be found here: https://ecode360.com/43617892 For final signed Ordinances or Resolutions, please email [email protected] Action H.4m: Reasonable Accommodations
Adopt Zoning Code updates removing subjectivity and constraints in application finding requirements. 1/1/2025 6th Cycle Completed
Completed. The City adopted Zoning Code Amendments to comply with this Action. Amendments to Chapter 17.760 (Reasonable Accommodations for Persons with Disabilities) were made to address this action and make all findings objective.
Other 1
City Meeting agendas, reports, and videos can be found here: https://www.brentwoodca.gov/government/meeting-information The City's updated Zoning Code can be found here: https://ecode360.com/43617892 For final signed Ordinances or Resolutions, please email [email protected]
Action H.4n: Definition of
Family
Adopt Zoning Code updates removing constraints posed by the City’s definition of “Family” to comply with State law requirements. 1/1/2025 6th Cycle Completed
Completed. The City adopted Zoning Code Amendments to comply with this Action. An amendment to the definition for “Family” was made within Chapter 17.030 (Definitions) to address this action.
Other 1
City Meeting agendas, reports, and videos can be found here: https://www.brentwoodca.gov/government/meeting-information The City's updated Zoning Code can be found here: https://ecode360.com/43617892 For final signed Ordinances or Resolutions, please email [email protected] Action H.4o: Residential Care Facilities
Adopt Zoning Code updates to allow residential care facilities in all zones allowing residential uses in the same was as other residential uses in the same zone. 1/1/2025 6th Cycle Completed
Completed. The City adopted Zoning Code Amendments to comply with this Action. Amendments were made throughout the Code to remove the CUP requirement for large residential care facilities and to allow these uses in the same way as other residential uses in the same zone.
Other 1
City Meeting agendas, reports, and videos can be found here: https://www.brentwoodca.gov/government/meeting-information The City's updated Zoning Code can be found here: https://ecode360.com/43617892 For final signed Ordinances or Resolutions, please email [email protected]
Jurisdiction Brentwood ANNUAL ELEMENT PROGRESS REPORT
Reporting
Period 2025
(Jan. 1 - Dec.
31) Housing Element Implementation
Planning 6th Cycle 01/31/2023 - 01/31/2031
Description of
Commercial
Development Bonus
Commercial Development Bonus
Date Approved
34 APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of
Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation formulas
(CCR Title 25 §6202)
Annual Progress Report Page 49 of 216 January 2020
Jurisdiction Brentwood ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2025
(Jan. 1 - Dec.
31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 01/31/2023 - 01/31/2031
The description should adequately document how each unit complies with subsection (c) of Government Code Section 65583.1+.
For detailed reporting requirements, see the chcklist here:
Extremely LowIncome+ Very Low- Income+ Low-Income+ TOTAL UNITS+ Extremely Low- Income+ Very Low- Income+ Low-Income+ TOTAL UNITS+ https://www.hcd.ca.gov/community- development/docs/adequate-sites-checklist.pdf Rehabilitation ActivityPreservation of Units At-RiskAcquisition of UnitsMobilehome Park PreservationTotal Units by Income Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.
Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD at [email protected] and we will unlock the form which enable you to populate these fields.
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report Page 50 of 216 January 2020
Jurisdiction Brentwood ANNUAL ELEMENT PROGRESS REPORT
Note: "+" indicates an optional field
Reporting Period 2025 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulasPlanning Period 6th Cycle 01/31/2023 - 01/31/2031 Notes
23 6
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit
Category
(2 to 4,5+)
Tenure
R=Renter
Very LowIncome Deed
Restricted
Very LowIncome
Non Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Total Moderate Income
Units Converted from
Above Moderate
Date
Converted Notes
Summary Row: Start Data Entry Below 00 0 0 0 0 0 0
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Moderate Income RHNA
Jurisdiction Brentwood
Reporting Period 2025
(Jan. 1 - Dec.
31)
Period 6th Cycle 01/31/2023 - 01/31/2031 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
23 4
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Realistic
Capacity
Identified in
the Housing
Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional fieldCells in grey contain auto-calculation formulas Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting
Jurisdiction Brentwood Note: "+" indicates an optional field Reporting Period 2025
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation formulas
Designation Size Notes
1 2 34 5 6 7
APN Street Address/Intersection Existing Use Number of Units Surplus Designation Parcel Size (in acres) Notes 010-150-040 Guthrie Ln near SWC of Balfour Rd Other 0 Surplus Land 2.89 Detention Basin019-110-076 SR 4/San Jose Ave Vacant 0 Surplus Land 1.99 Vacant019-082-008 Old Sand Creek Rd at SR 4 Vacant 0 Surplus Land 1.87 Vacant with a large part under PGE lines012-020-003 498 Fairview Ave Vacant 0 Surplus Land 1.27 Vacant - The City Council approved the sale of the land on 12/10/2024.016-190-033 East Sand Creek Road (Sciortino) Vacant 0 Surplus Land 1.26 Vacant016-010-019 1907 Jane Way Vacant 0 Surplus Land 1.01 Vacant016-010-020 1909 Jane Way Vacant 0 Surplus Land 0.8 Vacant019-031-004 2001 Shady Willow Ln Vacant 0 Surplus Land 0.99 Vacant019-050-234 6685 & 6691 Lone Tree Way Vacant 0 Surplus Land 0.75 Vacant 017160-004 1000 Central Blvd Vacant 0 Surplus Land 3.64 Mixed Use - Successor Agency Owned 016-010-016 7030 Brentwood Blvd. Vacant 0 Surplus Land 2.11 Successor Agency Owned013-232-006 SE Corner Oak/Walnut Vacant 0 Surplus Land 1.84 Mixed Use - Successor Agency Owned - The City
Council approved the sale of the land on
8/27/2024.
010-160-035 400 Guthrie Ln Industrial 0 Surplus Land 1.24 Industrial/Commercial - Successor Agency Owned013-010-092 Second/Central Vacant 0 Surplus Land 0.5 Mixed Use - Successor Agency Owned NOTE: This table must contain an inventory of ALL surplus/excess lands the reporting jurisdiction owns Summary Row: Start Data Entry Below
Parcel Identifier
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
Jurisdiction Brentwood ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2025
(Jan. 1 - Dec.
31) Housing Element Implementation
Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Project Type Date
23 APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(SH - Student
Housing)
Date
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Summary Row: Start Data Entry Below
Note:
Cells in grey
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS
ONLY. This table only needs to be completed if
there were student housing projects WITH a density
bonus approved pursuant to Government
Code65915(b)(1)(F)
Annual Progress Report Page 54 of 216 January 2020
Jurisdiction Brentwood ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2025 (Jan. 1 - Dec. 31)Planning Period 6th Cycle 01/31/2023 - 01/31/2031 Yes
Table K
Tenant Preference Policy
Local governments are required to inform HCD about any local tenant preference ordinance the local government maintains when the jurisdiction submits their annual progress report on housing approvals and production, per Government Code 7061 (SB 649, 2022, Cortese). Effective January 1, 2023, local governments adopting a tenant preference are required to create a webpage on their internet website containing authorizing local ordinance and supporting materials, no more than 90 days after the ordinance becomes operational. tps://ecode360.com/43626202#43626202 and https://www.brentwoodca.gov/home/showpublisheddocument/2454/6377939746532000 Does the Jurisdiction have a local tenant preference policy? If the jurisdiction has a local tenant preference policy, provide a link to the jurisdiction's webpage containing authorizing local ordinance and supporting materials.
Notes
Jurisdiction Brentwood Note: "+" indicates an optional field Reporting Period 2025
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation formulas
Size Notes
34 APN Street Address/Intersection Date of Designation Designation Level Historic Site Period Areas of Significance Parcel Size (in acres) Notes Summary Row:
NOTE: This table needs to be completed with any sites within your jurisdiction that were newly added to a National, State, or Local register of historic places within the reporting year. If none, leave blank.
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table L
Historical Resources
Parcel Identifier
1 Designation
2
Jurisdiction Brentwood
Reporting Year 2025 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.
Task $ Amount Awarded $ Cumulative Reimbursement Requested Other Funding Notes 1 - Conditions and Constraints
Analysis $54,800.00 $54,800.00 None
2 - Workshop $32,000.00 $36,000.00 None
3 - Infrastructure Analysis $107,500.00 $102,500.00 None 4 - Community Meeting $65,500.00 $24,600.00 None
5 - Design Guidelines $24,600.00 $65,499.85 None
6 - Specific Plan Adoption $24,600.00 $19,382.83 None
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 0Deed Restricted 0Non-Deed Restricted 0Deed Restricted 0Non-Deed Restricted 0Deed Restricted 0Non-Deed Restricted 0Deed Restricted 0Non-Deed Restricted 0 00 Current Year
Deed Restricted 0Non-Deed Restricted 0Deed Restricted 0Non-Deed Restricted 0Deed Restricted 1Non-Deed Restricted 6Deed Restricted 1Non-Deed Restricted 6Deed Restricted 6Non-Deed Restricted 6 97 123
Current Year
Deed Restricted 0Non-Deed Restricted 0Deed Restricted 0Non-Deed Restricted 0Deed Restricted 1Non-Deed Restricted 6Deed Restricted 0Non-Deed Restricted 7Deed Restricted 1Non-Deed Restricted 8 62 Acutely Low
Extremely Low
Acutely Low
Extremely Low
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Completed
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
$ 309,000.00
Task Status
CompletedCompletedCompletedCompletedCompleted
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Acutely Low
Extremely Low
CITY COUNCIL AGENDA ITEM NO. F.11
03/31/2026
SUBJECT: Consideration of a resolution documenting the City Council’s review and approval of the General Plan Annual Progress Report for calendar year 2025
DEPARTMENT: Community Development
STAFF: Alexis Morris, Director of Community Development Erik Nolthenius, Planning Manager
TITLE/RECOMMENDATION
Adopt a resolution finding that the Annual Progress Report accurately reflects the General Plan implementation for calendar year 2025; accepting the report as required by the State of California; and directing staff to forward the report to the Governor's Office of Land Use and Climate Innovation and the State Department of Housing and Community Development.
FISCAL IMPACT
The Annual Progress Report is a State requirement. There is no fiscal impact associated with producing the report, other than staff time.
BACKGROUND
State law requires each city (and county) to adopt a comprehensive, long-term general plan to guide the physical development of the incorporated city, as well as land outside the city boundaries that bears a relationship to its planning activities. (Government Code § 65300.) The general plan serves as an outline for future growth and development, the plan to “build a city.” As such, the general plan contains a series of goals, policies, and actions designed to provide decision-makers with a solid foundation for land use and development decisions so that the overall vision for the community is achieved over time.
State law also requires each city to submit an annual progress report (APR) to the Governor’s Office of Land Use and Climate Innovation (LCI) to report on the implementation status of the goals, policies, and actions of the general plan. (Government Code § 65400.) While LCI offers suggestions on how to prepare the report, there is no standardized format or specific content requirements as there is
CITY COUNCIL AGENDA ITEM NO. F.11
03/31/2026
with the required Housing Element portion of the annual progress report. The General Plan APR is included as an attachment to this staff report for the Council’s review and consideration. Following the Council’s acceptance of the APR on the General Plan for calendar year 2025, staff will submit it to LCI and the California Department of Housing and Community Development (HCD) by April 1, pursuant to State law.
CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.
PREVIOUS ACTION
This is an annual item for the City Council.
DATE OF NOTICE
Not Applicable.
ENVIRONMENTAL DETERMINATION
Not Applicable.
ALTERNATIVE OPTIONS
This is a state requirement, so staff does not recommend any alternatives.
ATTACHMENTS
1. City Council Resolution – 2025 General Plan APR
2. 2025 General Plan APR
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD FINDING THAT THE ANNUAL PROGRESS REPORT
ACCURATELY REFLECTS THE GENERAL PLAN IMPLEMENTATION
FOR CALENDAR YEAR 2025; ACCEPTING THE REPORT AS
REQUIRED BY THE STATE OF CALIFORNIA; AND DIRECTING
STAFF TO FORWARD THE REPORT TO THE GOVERNOR’S OFFICE
OF LAND USE AND CLIMATE INNOVATION (LCI) AND THE
STATE DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT (HCD)
WHEREAS, the State of California mandates that cities and counties prepare an Annual Progress Report on the implementation of their respective general plans in accordance with Sections 65400, et seq., of the Government Code; and WHEREAS, on July 22, 2014, the City Council adopted a comprehensive update to the General Plan in accordance with Resolution No. 2014-110; and WHEREAS, the City prepared the Annual Progress Report reflecting progress on implementation of the General Plan as required by State law for calendar year 2025; and
WHEREAS, the City prepared its 2025 Annual Progress Report in accordance with the guidelines established by the Governor’s Office of Land Use and Climate Innovation; and
WHEREAS, the City Council held a duly noticed public meeting on March 31, 2026, and reviewed the Annual Progress Report, staff report, and accompanying information, and testimony received from the general public.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood:
A. Hereby finds that the Annual Progress Report, attached hereto as Exhibit “A,” accurately reflects the General Plan implementation for calendar year 2025.
B. Hereby accepts the Annual Progress Report on the General Plan implementation for calendar year 2025 as required by the State of California and directs staff to forward the report to the Governor’s Office of Land Use and Climate Innovation and the State Department of Housing and Community Development.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a special meeting held on the 31st day of March 2026 by the following vote:
2025 GENERAL PLAN ANNUAL PROGRESS REPORT
California Government Code Section 65400 requires cities and counties to submit an annual progress report (APR) on the General Plan to the City Council, the Governor’s Office of Land Use and Climate Innovation (LCI), and the California Department of Housing and Community Development (HCD) by April 1 of each year. The primary purpose of the General Plan APR is to provide the City Council with an update on the City’s progress in implementing the General Plan during the prior year. This General Plan APR is organized as follows:
General Plan Background
Amendments to the General Plan adopted by the City Council in 2025 Other Significant Projects/Initiatives
General Plan Background
The City’s General Plan (comprehensively updated on July 22, 2014) identifies the community’s vision for the future and provides a framework that guides decisions on growth, development, and conservation of open space and resources in a manner that is consistent with the quality of life desired by the city's residents and businesses.
The General Plan includes the seven State-mandated elements (Circulation, Conservation, Housing, Land Use, Noise, Open Space, and Safety). In addition, there are several optional elements of special and unique concern to the community, including Community Services and Facilities, Economic Development, Fiscal Sustainability, Growth Management, and Infrastructure.
Each element begins with a brief overview, followed by a series of goals, policies, and actions:
A goal is defined as a description of the general desired result that the community seeks to create.
A policy is defined as a specific statement that guides decision-making as the City works to achieve the various goals and objectives. An action is defined as an implementation measure, procedure, technique, or specific program to be undertaken by the City to help achieve a specified goal or implement an adopted policy.
The last chapter (Chapter 12) of the General Plan specifically addresses implementation. At the time the General Plan was comprehensively updated in 2014,
City of Brentwood 2025 General Plan Annual Progress Report 2 each action was included in Chapter 12 and was assigned a relative priority level (A, B, or C):
Priority level A implies that the start of the action will be implemented in the relatively short-term (approximately 1-5 years).
Priority level B implies a somewhat longer-term implementation (approximately 5-10 years).
Priority level C indicates a longer-term implementation schedule (approximately 10-20 years).
In addition, a number of actions are identified as “ongoing,” which refers to them either already being undertaken by the City or those that are expected to continue on a periodic/perpetual basis.
Amendments to the General Plan adopted by the City Council in 2025 State law allows mandatory elements of the General Plan to be amended up to four times per calendar year. This allows the General Plan to remain responsive to the community’s needs. Requests for amendments may be submitted by individuals or initiated by the City Council. Since the General Plan was adopted in 2014, a total of eight amendments have been approved, with none in 2025.
Other Significant Projects/Initiatives
In the wake of the City’s adoption of a Housing Element for the 6th Cycle, the City has taken numerous implementing actions, as set forth in the annual progress report on the City’s status and progress in implementing its Housing Element.
Focused amendments to the Zoning Ordinance, including objective design standards, compliance with SB 330, and consistency with State law. These amendments are currently underway as a result of direction previously provided by the City Council and are expected to be completed by June 30. Once the amendments referenced above are complete, regular maintenance will be needed to keep the Zoning Ordinance and Brentwood Municipal Code aligned with State law.
General Plan Implementation
In calendar year 2025, the City undertook and continued a wide variety of efforts to implement General Plan goals, policies, and actions, including, but not limited to, the following:
General Plan Action Update
Action CIR 1c: The Public Works
Department shall maintain a systematic
pavement management program and
identify and prioritize maintenance
projects in the City’s CIP.
The City of Brentwood’s 2025/26
Capital Improvement Program (CIP)
includes Project Number 336-31704
(‘Pavement Management Program –
2025’), which consists of rehabilitation
City of Brentwood 2025 General Plan Annual Progress Report 3 General Plan Action Update
1. Street maintenance should include
upkeep and regular cleaning of bicycle
routes to remove debris and repair poor
pavement conditions that discourage
bicycle riding.
2. The Pavement Management Program
data system should address signage
and pavement quality throughout the
city.
of existing pavement, sidewalk,
driveway approaches, curb and gutter.
The roadways and walkways are
selected based on the City's pavement
management system, cost
effectiveness, safety, and constraints.
Action CIR 1e: Update the City’s
Capital Improvement Program (CIP) to
include, as appropriate, the roadway
improvements necessary to support
buildout of the General Plan.
Included in the CIP are two projects
that consist of roadway improvements
necessary to support buildout of the
General Plan: 1) CIP #336-31701 (Lone
Tree Way Roadway Improvements,
including widening of Lone Tree Way);
and 2) CIP #336-31620 (Brentwood
Boulevard Widening North - Phase I).
Action CIR 1f: Routinely monitor the
performance of the circulation network,
optimizing traffic signals and utilizing
Intelligent Transportation Systems
(ITS) measures where beneficial to
maximize efficiency of the existing
network on a regular basis.
Included in the CIP is the Countywide
Smart Signals project that will develop,
manage, and implement Intelligent
Transportation System (ITS) initiatives
that improve the safety and efficiency
of multimodal mobility, maximize
highway and arterial system
throughput, and improve operational
efficiency, safety, and reduce
environmental impact in Brentwood and
throughout the county.
Action CIR 1g: Provide staff support
to regional agencies such as CCTA and
Caltrans in the implementation of ITS
measures that improve the efficiency of
roadway and transit networks in east
Contra Costa County.
City staff serves on the CCTA Technical
Coordinating Committee (TCC) and
provides advice on technical matters
that may come before CCTA including
the implementation of ITS measures.
The TCC members also act as the
primary technical liaison between the
CCTA and the Regional Committees.
Action CIR 1h: Ensure regular
monitoring of traffic accidents, traffic
levels, and intersection capacity to
update base data and respond to safety
problems and changing conditions.
Prioritize locations with high collision
rates for safety improvements.
The City adopted its strategic, datadriven Local Roadway Safety Plan to reduce serious injuries and fatalities on
local streets. It identifies where and
why crashes are happening and outlines
prioritized, low-cost and capital
improvements to make roadways safer
City of Brentwood 2025 General Plan Annual Progress Report 4 General Plan Action Update
for everyone – drivers, pedestrians,
bicyclists, and people with disabilities.
Action CIR 1i: Continually seek
opportunities to fund maintenance of
and improvements to the circulation
network, including the active pursuit by
the Public Works Department of a wide
range of grant sources overseen by
MTC and other agencies.
The City was awarded an $80,000 grant
by the Metropolitan Transportation
Commission in 2025 to install additional
pedestrian push buttons. The City is
proposing to upgrade the existing
pedestrian push buttons at 11
signalized intersections with APS
(Accessible Pedestrian Signals). These
intersections are near schools and/or in
downtown. Accessible Pedestrian
Signal or APS is a device that provides
auditory, tactile, or visual information
to assist pedestrians with visual or
hearing impairments in crossing the
street safely. They essentially translate
visual pedestrian information to other
sensory formats, enabling people with
disabilities to cross intersections safely
and comfortably.
Action COS 4b: Continue to identify
which storm water and drainage
facilities are in need of repair and
address these needs through the City’s
Capital Improvement Program.
The CIP included a number of projects
that identify storm water and/or
drainage facilities in need of repair,
including:
1) CIP #562-56414 (rehabilitation
of the Helen Myer Way and Park
Way alleys in Downtown and
consists of the installation of new
water, sewer and storm drain
facilities and either the removal
or replacement of existing
infrastructure to correct existing
operations and maintenance
constraints due to the age of the
facilities);
2) CIP #336-31701 (Lone Tree Way
Roadway Improvements,
including widening and
construction of sidewalk, curb
and gutter, conversion of
overhead utility lines to
underground, extension of the
storm drain system including
constructing a bioretention,
City of Brentwood 2025 General Plan Annual Progress Report 5 General Plan Action Update
installation of a new rectangular
rapid flashing beacon and a new
traffic signal); and
3) CIP #562-56419 (Brentwood
Manor Water and Wastewater
Rehabilitation, including the
replacement of 3,200 linear feet
of water, sewer and storm drain
facilities to correct existing
operations and maintenance
constraints due to the age of the
facilities).
Action COS 4i: Provide a conservation
page (or similar page) on the City’s
website that provides links to resource
agencies (i.e., CDFW, USFWS, USACE,
etc.) and provides information
regarding local and regional
conservation and environmental
programs, to the extent that the City
has readily available information.
The City’s webpage has been amended
to include a ‘Conservation and Open
Space’ page (available by clicking here)
that provides information on the City’s
conservation and open space goals,
policies, and actions; local and regional
conservation and environmental
programs; state and federal
conservation resources; and
environmental hazards protection
resources.
Action COS 6d: Require a cultural and
archaeological survey prior to approval
of any project which would require
excavation in an area that is sensitive
for cultural or archaeological resources.
If significant cultural or archaeological
resources, including historic and
prehistoric resources, are identified,
appropriate measures shall be
implemented, such as documentation
and conservation, to reduce adverse
impacts to the resource.
As part of its review under the
California Environmental Quality Act
(Public Resources Code §§ 21000, et
seq., as further governed by 14 CCR §§
15000, et seq.), the City evaluates
individual projects’ impacts on cultural
and archaeological resources. In the
event such resources are identified, the
City requires mitigation measures to be
implemented to reduce adverse impacts
to the resource. Such measures
include imposition of the requirements
of Health & Safety Code § 7050.5 and
Public Resources Code §§ 5097.98 and
21083.2, among other authorities.
Action CSF 2h: Implement a wide
range of public outreach programs,
including the City’s website,
newsletters, and other emerging
communications technologies to keep
the public informed about available
In calendar year 2025, the City of
Brentwood utilized a variety of outreach
measures to notify the public as to the
availability of parks, trails, and
recreation facilities, programs, and
services. These included social media
City of Brentwood 2025 General Plan Annual Progress Report 6 General Plan Action Update
parks, trails, and recreation facilities,
programs, and services.
posts on the City’s Facebook webpage,
notices on the City’s webpage
(www.brentwoodca.gov), and
information in the monthly ‘Brentwood
Buzz’ newsletter and the quarterly
Activities Guide, among other vehicles.
Action CSF 2k: Continue to pursue
joint-use of schools and detention
facilities to supplement the parks,
trails, and recreation needs of the
community.
The City of Brentwood continues to
operate under joint use agreements
with the Liberty Union High School
District and the Brentwood Union
School District to secure facilities for
various recreational needs.
Action CSF 3a: Continue to require
preparation of an annual Police
Department Performance Report, as
amended periodically.
The Performance Report is presented to
the City Council annually. The 2025
Performance Report is scheduled to be
presented to the City Council at its
regular meeting on April 14, 2026.
Action CSF 3b: In conjunction with the
Annual Police Department Performance
Report, further develop and refine best
practices to assess, monitor, and
maintain the Police Department’s
organizational performance goals and
monitor police staffing levels. The
assessment categories related to
adequate police staffing could include
but are not limited to: (1) crime rates;
(2) response times; (3) clearance
rates; (4) population; (5) Police
Department workload; (6) financial
resources; and (7) performance
standards.
The Performance Report includes all
items listed with the exception of
financial resources (this slide will be
added in the 2026 Performance Report
to list Grant funding received). It will
also include Issued/Denied CCW (Carry
Concealed Weapon) data. Should it be
the desire of the City Council and/or the
City Manager, the Police Department
can provide mid-year or quarterly
updates on workloads and staffing
levels.
Action CSF 3d: Continue to implement
community-based police outreach
services and programs, including but
not limited to, neighborhood watch,
volunteers in police service (VIPS), and
crime and safety needs of seniors
(TRIAD).
In 2021, the Police Department
implemented a Community
Engagement Officer position as part of
the 2020/21-2021/22 Strategic Plan.
This position has been beneficial to
create relationships, maintain
relationships, and reach
underrepresented areas in the
community. The Community
Engagement Officer plans, participates,
and works collaboratively with other
City of Brentwood 2025 General Plan Annual Progress Report 7 General Plan Action Update
agencies and City departments to
strengthen relationships between the
community and community partners
(i.e., businesses, school districts, and
local community groups).
Action CSF 5b: Require new
development to pay applicable school
facility impact fees and work with
developers and the school districts to
ensure that adequate school and
related facilities will be available.
The City of Brentwood requires
development to pay all applicable
school impact fees, as governed by SB
50 (Government Code § 65996).
Action ED 1a: Continue to implement
and update, as necessary, the City’s
Comprehensive Economic Development
Strategy to ensure that targeted
industries are regularly reviewed for
relevance and to ensure that an overall
approach to branding and marketing is
identified and carried out.
Staff proactively seek ways to
implement the City’s Economic
Development Strategy by attending
conferences such as BISNOW, NAIOP,
and ICSC to promote investment
opportunities in Brentwood.
Action ED 1b: Maintain City liaison
with existing industries to provide direct
communications on issues of concern to
industry, so as to enhance
opportunities to retain existing
businesses by effectively responding to
concerns, increase opportunities to fill
employment vacancies with local jobseekers, and increase local employment opportunities for Brentwood residents.
Maintain active communications with
existing industries, including conducting
business visits, participating in
meetings with the Chamber of
Commerce, the Downtown Brentwood
Coalition, etc.
Action ED 1c: Maintain and improve
promotional efforts, including direct
marketing, informational brochures,
and provision of comprehensive
information, including unique
characteristics of Brentwood and its
labor force, local and regional
demographics, market trend and highdemand sector research, business sites available for lease or sale, business
lands available for development, and
information on working with the City
(i.e., permitting process and City
programs to assist business).
Prepared a Community Profile to be
utilized by various City departments;
enlisted the services of consulting firms
to assist in video production and
marketing, as well as promotions to
technology companies across the U.S.
via LinkedIn.
City of Brentwood 2025 General Plan Annual Progress Report 8 General Plan Action Update
Action ED 1d: Establish, as a high
priority, the development of public
infrastructure and facilities that are
necessary to serve planned major
employment centers (i.e., Sand Creek
Road/SR 4, Balfour Road/SR 4, Lone
Tree Way/SR 4, Marsh Creek
Road/Vasco Road/SR 4, the future Los
Medanos College campus, and Walnut
Boulevard/Vasco Road), prioritizing
improvements based on the near-term
development potential of a specific
area, and identify infrastructure needs
to provide infrastructure and services to
targeted employment centers.
Los Medanos College is open, Sand
Creek Road was extended to Heidorn
Ranch Road from State Route 4, and
Brentwood Boulevard is witnessing
improvements as new development
takes shape from Downtown to Sand
Creek Road and beyond.
Action ED 1e: Explore financing and
funding programs, including the
establishment of a reserve or set-aside
fund, for the advance development of
public infrastructure and facilities that
are necessary to serve planned major
employment centers.
Although an Enhanced Infrastructure
Financing District (EIFD) was pursued,
the City did not move forward with its
implementation due to County
requirements surrounding affordable
housing. Staff is currently exploring
mechanisms to address the lack of
adequate energy to support technology
companies.
Action ED 1g: Continue coordination
with local business organizations in
order to encourage on-going efforts to
attract new business and support
existing businesses.
Actively participate in sessions with
TeamCA, the East Bay EDA, the Contra
Costa Economic Development Directors,
and local brokers to recruit businesses
to Brentwood.
Action ED 1h: Identify employment
training needs of Brentwood residents,
and identify compatible job training
programs. Training programs should
focus on opportunities to place local
residents in workforce positions located
within Brentwood.
Will assist the Chamber of Commerce in
hosting the 2026 Business EXPO and
Job Fair, and co-host a Career Fair with
the Contra Costa County Workforce
Development Board.
Action ED 2a: Through market
research and business outreach efforts,
identify target industries and
businesses and create a marketing
program to actively solicit and bring a
diverse range of companies to
Utilizing an online software company
(Multiview), have promoted the
following types of industries to the
Brentwood Innovation Center: AI,
cybersecurity, technology, life science,
City of Brentwood 2025 General Plan Annual Progress Report 9 General Plan Action Update
Brentwood. Potential target industries
include health care, medical device
manufacturing, solar, energy-based,
and green/clean-tech industries,
agricultural enterprises, retail,
professional and business services,
educational services, and machinery
and short-run manufacturing.
medical device, light industry, agribusiness, etc.
Action ED 2f: Develop regional
partnerships with neighboring cities,
the county, and local agricultural
operators to create a marketing and
branding strategy that is aimed at
increasing agri-tourism and the sale of
locally growth agricultural products.
Actively promoting agri-tourism with
East Contra Costa County cities.
Action ED 3a: Develop City liaison with
existing industries to provide direct
communications on issues of concern to
industry, so as to enhance opportunity
to retain existing businesses by
effectively responding to concerns.
Proactively work with the Chamber of
Commerce and the Downtown
Brentwood Coalition to retain and
expand businesses.
Action ED 3b: Enhance the
appearance of declining retail space in
the Downtown and Brentwood
Boulevard Specific Plan area by
providing incentives to property owners
and businesses wishing to upgrade
their appearance.
Coordinating efforts with existing
shopping centers and business parks to
improve their physical conditions and
attract new businesses.
Action ED 3e: Support local programs
that offer technical assistance to local
business owners, including seminars,
marketing, consulting, and other key
services.
Work closely with the Chamber of
Commerce, the Contra Costa Costa
SBDC, etc. to provide technical
assistance to existing businesses.
Action FI 2d: Review methods to
address unfunded liabilities, including
those associated with City employees
and retirees.
As a part of the City’s strategy to
address unfunded liabilities associated
with employees, in 2025 the formation
of an Internal Revenue Code Section
115 Pension Trust (“Pension Trust”)
was approved by the City Council and
established. Assets of the Pension
Trust are restricted for making
additional discretionary payments to
City of Brentwood 2025 General Plan Annual Progress Report 10 General Plan Action Update
CalPERS on the City’s pension liabilities
or reimbursing the City for pension
expenses incurred during the current or
prior fiscal year. In early 2026, the
Pension Trust was funded with $8
million.
Action LU 6g: Use assessment
districts, homeowners' associations,
and similar programs to install and
maintain street trees, landscaping,
fencing, landscaped sound walls, and
other rights of way improvements.
As part of the development review and
approval process, the City routinely
employs mechanisms such as the
creation of Lighting and Landscape
Assessment Districts to fund
appropriate facilities associated with
development.
Action SA 3b: Support regional
disaster planning and emergency
response planning efforts, including the
Multi-Jurisdictional Local Government
Hazard Mitigation Plan for the San
Francisco Bay Area.
The Hazard Mitigation Plan was adopted
by the City Council on June 10, 2025
and by FEMA on July 18, 2025.
Action SA 3c: Encourage schools,
neighborhood associations, mobile
home park associations, and other
interested groups to teach first aid and
disaster preparedness, including
Community Emergency Response Team
(CERT) programs, Map Your
Neighborhood programs, and other
tools available to neighborhood and
community groups to improve disaster
preparedness.
The Police Department hosts an annual
Citizens Academy for 20-25
participants. Last year, the Academy
was held every Wednesday from March
26 through May 21. This year, the
Academy began on March 24 and will
end on May 26. In October, there is an
MCI exercise scheduled with Sutter and
the Contra Costa County Fire Protection
District. First Aid and CPR training will
be coming soon.
Action SA 3d: Provide opportunities
for periodic and ongoing training,
including refresher courses, for
residents who have completed local
community disaster preparedness
training.
The annual Citizens Academy began in
March 2026.
Action SA 3f: Seek funding from
State, Federal, and other sources to
assist in emergency management
planning, including community
education and outreach describing
public procedures and evacuation
There was extensive community
education and outreach for
approximately one year prior to the
adoption of the Contra Costa County
Hazard Mitigation Plan (Brentwood
Annex). The community was offered an
City of Brentwood 2025 General Plan Annual Progress Report 11 General Plan Action Update
routes in the event of an emergency or
natural disaster.
opportunity to provide feedback and
was offered educational resources (i.e.,
literature and where to look online for
related resources).
Action SA 3g: Develop and annually
update an emergency contact list and
emergency response information on the
City’s website. The information should
include emergency access routes,
available emergency resources, and
contact information for emergency
responders.
This action is in progress and ongoing.
Action SA 3h: Develop a public
information program which will provide
all citizens with access to needed
information concerning disaster
preparedness and safety.
The City currently uses its social media
platforms to provide as much
information to the community as
possible and when needed, including
access to the Contra Costa County
Telephone Emergency Notification
System (TENS), which is a critical part
of the Community Warning System
(CWS) in Contra Costa County.
Action SA 3i: Conduct annual
emergency response drills with key
members of the City, local leaders, and
emergency response personnel. The
training should include the
dissemination of information to the
public regarding emergency response
procedures, resources, and City
responsibilities.
The Police Department has a training
program called Navigate 360 that is in
the process of being rolled out to all
City staff, which offers various training
options. The Police Department has also
trained most City staff in active shooter
response, as well as both School
Districts. City leaders have been invited
to participate in the MILO training
simulator (a system designed to
enhance decision-making and
community interactions) located at the
Police Department, as well as active
shooter training.
CITY COUNCIL AGENDA ITEM NO. F.12
03/31/2026
SUBJECT: A Resolution approving an Affordable Housing Agreement between the City of Brentwood and WCHB Development, LLC for the Stonebrook at Bridle Gate (Subdivision 9586) project and authorizing the City Manager to sign the Agreement
DEPARTMENT: Community Development Department
STAFF: Alexis Morris, Director of Community Development Sylvia Elias, Housing Project Manager
TITLE/RECOMMENDATION
Adopt a resolution approving an Affordable Housing agreement between the City of Brentwood and WCHB Development, LLC for the Stonebrook at Bridle Gate (Subdivision 9586) and authorizing the City Manager to sign the Agreement and such other documents as may be needed to complete the transaction.
FISCAL IMPACT
No in-lieu fees will be collected as a result of this agreement. The Stonebrook at Bridle Gate project is subject to the previous affordable housing ordinance (Ordinance No. 1014) which allowed for the collection of in-lieu fees and/or the building of affordable residential units.
BACKGROUND
The Stonebrook at Bridle Gate Subdivision 9586 (“the Project”) (formerly known as the Bridle Gate project), is a 269-unit single-family residential project that will be developed by WCHB Development, LLC. The Project site is located on an approximately 135-acre site bounded by the Sand Creek Road Extension to the north, State Route 4 to the east, a single-family residential development (Brentwood Hills) to the south, and with a small segment of existing San Jose Avenue bounding the site at its farthest southeastern corner (APN 019-082-009 and 019-082-010).
On October 22, 2021, WCHB Development, LLC (the “Developer”) submitted an application to the City of Brentwood requesting approval of vesting tentative subdivision map number 9586. The Project is subject to the City’s Affordable Housing
CITY COUNCIL AGENDA ITEM NO. F.12
03/31/2026
Ordinance that was in effect at that time, Ordinance No. 1014 (attached to this report).
On December 10, 2024, the City Council held a public hearing at its regular meeting to consider the Project, and approved the Project with a modified single 8.49-acre park, a second access point on Sand Creek Road, and a four-way intersection at St.
Regis Avenue and San Jose Avenue and Chestnut Oak Drive.
On February 23, 2026, the Land Use and Development Committee (LUDC) reviewed the affordable housing obligation and affordable housing agreement for the Stonebrook at Bridle Gate project. The Committee recommended that staff forward the affordable housing agreement to the City Council for approval, including a change in the location of two affordable units, described below.
ANALYSIS
Under the conditions of approval for this Project, and prior to final map approval, the developer must enter into an affordable housing agreement with the City of Brentwood in accordance with certain requirements including, but not limited to, the affordability levels set out in Ordinance No. 1014. Per Ordinance No. 1014, the Stonebrook at Bridle Gate (Subdivision 9586) project falls under the ten percent (10%) affordability requirement for residential developments of five or more lots; therefore, the Project is required to provide 27 affordable units. The approved distribution of affordable units is as follows:
Requirement Approved Complies?
Very Low Income 3% (8 units) 14 units Yes
Low Income 4% (11 units) 5 units Yes*
Moderate Income 3% (8 units) 8 units Yes
TOTAL 27 units 27 units
* Under Ordinance No. 1014 and state law, both very low income and low-income units can count toward the unit obligations in either category. Therefore, although the percentages aren’t the same as those in the ordinance, the project still provides the required total of 19 units in the very low income and low-income categories, which meets the requirements of Ordinance No. 1014.
This approach meets the City’s affordable housing requirements.
CITY COUNCIL AGENDA ITEM NO. F.12
03/31/2026
Affordable Incomes and Sales Prices are determined by information obtained from the State Department of Housing and Community Development (HCD), U.S.
Department of Housing and Urban Development (HUD), and Affordable Housing Model prepared by City of Brentwood Housing Division. Information is updated annually (July 1st) and is posted on the City’s website Income-Sales Guidelines.
On January 20, 2026, the developer requested that the location of two affordable units be moved from model units to production units within the development. The master plotting plan was revised (Exhibit B) to reflect the change in the location of affordable lots now: Lot #34 (was Lot#6), and Lot# 238 (was Lot #250).
The Affordable Housing Agreement requires approval by the City Council after a review and recommendation by the Land Use and Development Committee.
CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 4: Community Development, Goal 1: Provide a diversity of housing opportunities, including equitable distribution of affordable housing for all socioeconomic segments of the Brentwood community.
PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.
DATE OF NOTICE
Not Applicable.
ENVIRONMENTAL DETERMINATION
Not Applicable.
ATTACHMENT(S)
1. Previous Action(s)
2. Resolution
3. Affordable Housing Agreement
4. Ordinance No. 1014
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.
Ordinance 1014 was adopted by the City Council on April 28, 2020 amending the City of Brentwood’s Affordable Housing Program.
On October 22, 2021, WCHB Development, LLC (the “Developer”) submitted an application to the City of Brentwood requesting approval of vesting tentative subdivision map number 9586. The Project is subject to the City’s Affordable Housing Ordinance that was in effect at that time, Ordinance No. 1014 (attached to this report).
On July 23, 2024, the applicant appealed the Planning Commission’s decision to the City Council in accordance with Chapter 17.880 of the Brentwood Municipal Code.
On August 27, 2024, the City Council held a public hearing on the Project at its regular meeting. A motion to deny the appeal and uphold the Planning Commission’s denial of the Project was unanimously passed by the City Council, but no final action was taken at the meeting as the Council directed staff to come back with a proposed resolution for final action.
On December 10, 2024, the City Council held a public hearing at its regular meeting to consider the Project, and approved the Project with a modified single 8.49-acre park, a second access point on Sand Creek Road, and a four-way intersection at St.
Regis Avenue and San Jose Avenue and Chestnut Oak Drive.
At its February 23, 2026 meeting, the Land Use and Development Committee (LUDC) reviewed the affordable housing agreement for the Stonebrook at Bridle Gate project.
The Committee recommended that staff forward the affordable housing agreement to the City Council for approval.
ORDINANCE NO. 1014
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, further amending the City' s Affordable Housing Ordinance; and
WHEREAS, on October 23, 2018, the City Council conducted an affordable housing workshop and appointed an ad hoc Housing Policy Committee; and WHEREAS, on April 1, 2019, the Housing Policy Committee held a meeting to receive further information from staff on the City' s Regional Housing Needs Allocation (" RHNA") attainment, the provisions of the City' s Affordable Housing Ordinance, and statewide affordable housing efforts; and
WHEREAS, on May 28, 2019, the City Council heard a presentation from staff on meeting the City' s RHNA and local affordable housing needs and directed staff to begin crafting potential Affordable Housing Ordinance amendments for Council consideration; and WHEREAS, on June 24, 2019, the City hosted a meeting with local stakeholders regarding potential amendments to the Affordable Housing Ordinance; and WHEREAS, on July 16, 2019, staff presented information on the City's RHNA attainment and affordable housing needs to the Planning Commission; and WHEREAS, on September 10, 2019, the City Council provided further direction to staff on its desired revisions to the Affordable Housing Ordinance; and
WHEREAS, acting on such Council direction, staff prepared the ordinance attached hereto and incorporated herein as Exhibit ' 1' ( the " Ordinance"); and WHEREAS, at its meeting of March 3, 2020, the Planning Commission conducted a public hearing to consider the Ordinance, and, by adoption of Resolution No. 20- 008, recommended the City Council adopt said Ordinance; and
WHEREAS, the Ordinance is appropriate and in the public interest, as required by Brentwood Municipal Code Section 17. 870. 008. This is demonstrated by its consistency with the General Plan of the City of Brentwood, which consistency may be found with regard to multiple General Plan goals and policies, including, but not limited to:
a. 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, insomuch as the Ordinance will allow for the construction of a variety of affordable housing types in conjunction with market rate developments throughout the City.
b. 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 the Ordinance will require eligible residential developers to construct or otherwise contribute to housing affordable to specified income ranges, thereby increasing the variety of households for which housing will be available within the city.
NOW, THEREFORE, the City Council of the City of Brentwood does ordain as follows:
SECTION 1. 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 " 1" attached hereto and incorporated herein.
SECTION 2. 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 1 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 3. 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
14th
day of April, 2020, by the following
vote:
AYES: Bryant, Rarey, Rodriguez, Staton, Taylor
NOES: None
ABSENT: None
RECUSE: None
And was adopted at a regular meeting of the Brentwood City Council on the 28th day of
April, 2020, by the following vote:
AYES: Bryant, Rarey, Rodriguez, Staton, Taylor
NOES: None
ABSENT: None
RECUSE: None
1 : 1324 .-11
anl a0
Robert Taylor Dat
Mayor
ATTEST:
Margaret Wi jy.erly, MMC
City Clerk b
DRAFT/ PROPOSED CHANGES TO
CHAPTER 17. 725
Chapter 17. 725, as Amended by Proposed Ordinance
Chapter 17. 725 AFFORDABLE HOUSING
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.
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 1 2 3 4 5 6 or
Household more
Size
Unit Size Studio 1 2 3 4 5
Bedroom Bedroom Bedroom Bedroom 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.
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 moderateincome 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, mobile homes, 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.
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 six 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. Commencing on January 1, 2021, the required percentage of Affordable Units shall be increased to ten percent of the total number of Dwelling Units for any Residential Development of five or more lots, unless the application was determined to be complete by December 31, 2020 under Government Code Section 65589. 5( o). 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 may either construct one lowincome Affordable Unit, pay a fee equal to 50% of the low- income In- Lieu Fee, as established by resolution of the City Council, or provide an " Alternative Equivalent" as established in this chapter. However, if all or any portion of a Residential Development of five 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 to residential development consisting of ten or more dwelling units, any decimal fraction less than 0. 50 dwelling units shall be disregarded and any decimal fraction equal to or greater than 0. 50 dwelling units shall be construed as one dwelling unit.
C. Exemptions. The following are exempt from the provisions of this 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 on a one for one basis ( i. e., one dwelling unit replaced for each legally existing Dwelling Unit);
3. Modifications to existing properties or structures that do not increase the number of Dwelling Units;
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 nonselfsufficient 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
this Ordinance No. 1014, provided that such Residential Developments shall comply with the predecessor ordinance, resolution, or policy in effect immediately prior to the effective date of Ordinance No. 1014;
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:
Allocation through December 31, 2020 ( 6% affordability requirement):
Ownership Development
Moderate- Income Households 1%
Low- Income Households 4%
Very Low- Income Households 1%
Rental Development
Low- Income Households 3%
Very Low Income Households 3%
Allocation applicable commencing January 1, 2021 ( 10% affordability requirement):
Ownership Development
Moderate- Income Households 3%
Low- Income Households 4%
Very Low-income Households 3%
Rental Development
Low- Income Households 5%
Very Low- Income Households 5%
E.
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 lowto medium- density zoning designations as defined by the general plan, the Affordable Unit may be 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 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 the Chapter, applicant shall also submit a narrative describing how the proposed Residential Development will comply with the requirements of this chapter.
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 ( 1) Residential Developments consisting of between five and nine Dwelling Units or ( 2) the Very Low- Income requirement for a Residential Development consisting of ten or more Dwelling Units. 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 in a lump sum with the total fee, as elected by the developer.
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 12- month median sales price for a 3- bedroom, 1, 500 — 1, 700 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 forsale 3- 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 unless, prior to the last discretionary approval for the development, the applicant requests a waiver under Section 17. 725. 011, and the City Council approves the InLieu Fee based on specific findings demonstrating that the City' s goals of increasing affordable housing production are equally met through use of applicant' s proposed 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 lowlow- 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
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 onsite 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.
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.
b. Affordable Units converted from Market- Rate Units shall be both converted and inspected at the time specified in the Affordable Housing Agreement. MarketRate 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 2 Affordable Units that would otherwise be required pursuant to Section
17. 725. 003 ( D). Any units dedicated to the City' s rental housing program shall be from the rental stream 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 20 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, sideyard, 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 sections 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.
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.
17.725. 005 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, 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 his or her 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 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 owneroccupied 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.
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.
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.
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 code.
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:
1. Reduced lot sizes;
2. Reduced setback requirements;
3. Reduced open space requirements;
4. Construction of duets, duplexes, triplexes or fourplexes on corner lots within single- family areas;
5. Reduced landscaping requirements;
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- bycase 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.
17.725.007 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 this Ordinance codified in this chapter.
17. 725. 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- or multi-family rental unit inside the city limits. One- half of the rental income may be utilized from time to time at the City Council' s discretion to 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.
17.725.009 First time homebuver 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.
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 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.
17.725. 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.
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
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]
AFFORDABLE HOUSING AGREEMENT
THIS AFFORDABLE HOUSING AGREEMENT (the "Agreement") is entered into as of __________________ (the "Effective Date"), by and between WCHB Development LLC, a California Limited Liability Company ("Developer"), and the City of Brentwood (the "City").
Developer and City agree as follows, with reference to the following facts:
RECITALS
Developer owns that certain real property located on an approximately 135 acre site bounded by the Sand Creek Road Extension to the north, State Route 4 to the east, a single family residential development (Brentwood Hills) to the south, and with a small segment of existing San Jose Avenue bounding the site at its farthest southeastern corner, Subdivision 9586 and identified as the Stonebrook at Bridle Gate property, Assessor’s Parcel Numbers 019-082-009 and 019-082-010.
A. City is acting to carry out its obligations under its General Plan, Ordinance No. 1014 (Brentwood Municipal Code Chapter 17.725) (the "Ordinance") and any implementing regulations (collectively, the "City Inclusionary Housing Requirements"), and Developer agrees to comply with the City Inclusionary Housing Requirements.
B. City Council adopted Ordinance 1014 on April 28, 2020, thereby codifying the requirement that developers of residential developments of five or more lots or dwelling units fulfill an affordable housing obligation of ten percent (10%) of the total number of dwelling units as affordable units (the “Ten Percent Affordability Requirement”). The Ordinance provided as follows:
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 ten 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. The foregoing requirement shall be applied prior to the application of a density bonus and no more than once to an
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approved residential development, regardless of changes in its character or ownership, provided that the total number of dwelling units does not change.
C. Developer and City agree that twenty-seven (27) Units on the Site, as described in Legal Description of Affordable Units (“Restricted Units”), attached as Exhibit A hereto and incorporated herein by reference, shall be subject to the conditions and restrictions, and the rights of City as specified herein (each a "Restricted Unit and collectively, the "Restricted Units"). The remaining units shall be referred to as the "Non-Restricted Units."
AGREEMENT
NOW, THEREFORE, Developer and City agree as follows:
ARTICLE 1
SALE OF RESTRICTED UNITS
1.1 Defined Terms. The following terms shall have the meanings set forth in this Section 1.1:
A. "Affordable Housing Cost" shall be as defined in Health and Safety Code Section 50052.5 or any successor statute thereto. If the statute is no longer in effect and no successor statute is enacted, the City shall establish the Affordable Housing Cost for purposes of this Agreement. For purposes of determining the Affordable Housing Cost: (i) the purchase price for a 2-bedroom Restricted Unit shall be established using the assumption that the Eligible Household purchasing the Unit is comprised of three persons, (ii) the purchase price for a 3-bedroom Restricted Unit shall be established using the assumption that the Eligible Household purchasing the Unit is comprised of four persons; (iii) the purchase price for a 4 bedroom Restricted Unit shall be established using the assumption that the Eligible Household purchasing the Unit is comprised of five persons; and (iv) the purchase price for a 5 bedroom Restricted Unit shall be established using the assumption that the Eligible Household purchasing the Unit is comprised of six persons.
B. "Eligible Household" shall mean and include a person or household (i) meeting the definition of "Very Low Income Household" or "Low Income Household" or “Moderate Income Household” under this Section 1.1; (ii) meeting the definition of a First Time Homebuyer; and (iii) who otherwise meets Developer's standard criteria for determining eligibility for occupancy, which may include an evaluation of the applicant's ability to pay mortgage, employment status and credit history. These standard criteria may vary from time to time, but must be uniformly applied at all times.
C. "First Time Homebuyer" shall mean and include a person or household, no member of which has had any of the following interests in real property in his or her primary residence in the three years preceding the date of purchase of the Unit: fee simple, joint tenancy, tenancy in common, life estate, shareholder in a cooperative or interest held in trust that would continue on to ownership if held.
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D. "Very Low-Income Household" shall mean a person or household whose annual gross income does not exceed 50% (which percentage shall be adjusted as provided in Title 25, Section 6932 of California Code of Regulations) of the Median Income (as defined below).
E. "Low Income Household" shall mean a person or household whose annual gross income does not exceed 80% (which percentage shall be adjusted as provided in Title 25, Section 6932 of California Code of Regulations) of the Median Income (as defined below).
F. "Moderate Income Household" shall mean a person or household whose annual gross income does not exceed 110% (which percentage shall be adjusted as provided in Title 25, Section 6932 of California Code of Regulations) of the Median Income (as defined below).
G. "Median Income" is the area-wide median gross yearly income in Contra Costa County, adjusted for household size, as established from time to time by the U.S. Department of Housing and Urban Development ("HUD"). In the event that such income determinations are no longer published or are not updated for a period of at least 18 months by HUD, Median Income shall mean the area-wide median gross income for households in Contra Costa County, adjusted for family size, as published from time to time by the California Department of Housing and Community Development ("HCD"). In the event that such income determinations are no longer published, or not updated for a period of at least 18 months, the City shall provide Developer with other income determinations which are reasonably similar with respect to methods of calculation to those previously published by HUD or HCD.
1.2 Affordability Requirements and Restrictions
A. Developer shall construct a total of twenty-seven (27) Restricted Units in the Development.
The 27 Restricted Units will be sold by Developer to Moderate Income (8 units), Low Income (5 units), and Very Low Income (14 units) Households ("Owner-Occupied Restricted Units"). Notwithstanding the foregoing unit allocation, the parties acknowledge that the Low-Income requirement under the City Inclusionary Housing Requirements shall be satisfied by a combination of five (5) Low Income Units and six (6) Very Low-Income Units, for a total of eleven (11) units meeting or exceeding the Low-Income affordability level. Of the fourteen (14) Very Low-Income Units constructed pursuant to this Agreement, eight (8) units shall satisfy the Very Low-Income requirement, and the remaining six (6) Very Low Income Units shall be credited toward satisfaction of the LowIncome requirement, consistent with Ordinance No. 1014 and the City Inclusionary Housing Requirements.
B. All Restricted Units within a residential development shall be comparable to the marketrate 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, Restricted Units may include reduced front, side and backyard landscaping and may be smaller in size or may be duet-style products. Otherwise, Restricted Units shall
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be comparable to the “standard” landscaping and size. In addition, all Restricted Units shall include the same or similar interior amenities offered for market rate units within a residential development.
C. The Restricted Units shall be constructed in the location and in accordance with the schedule of construction set forth in Exhibit B, Location of Restricted Units and Schedule of Construction. All Restricted 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 this Agreement. The building permits for the last ten percent of the nonrestricted dwelling units shall not be issued until the last Restricted Unit has been issued a building permit and construction of the last Restricted Unit has begun.
D. Developer shall make a written designation to City, at the time the final subdivision map for the Site is recorded, of those Units that shall be Owner-Occupied Restricted Units, which designation shall be consistent with the terms of this Agreement, including without limitation Exhibit B. The total number of Owner-Occupied Restricted Units being offered for sale in accordance with this Article 1 shall be as required by Section 1.2.A. above.
During the Term (as defined in Section 3.3) of this Agreement, the Owner-Occupied Restricted Units shall be subject to all of the requirements of this Agreement, including without limitation the following additional restrictions and requirements:
1. Each Owner-Occupied Restricted Unit shall only be sold to and be occupied by an Eligible Household. The fourteen (14) Very Low-Income Household OwnerOccupied Restricted Units shall only be sold to and be occupied by Very LowIncome Households at a price that does not exceed the Affordable Housing Cost for Very Low-Income Households. The five (5) Low-Income Household OwnerOccupied Restricted Units shall only be sold to and be occupied by Low Income Households at a price that does not exceed the Affordable Housing Cost for Low Income Households. The eight (8) Moderate Income Household Owner-Occupied Restricted Units shall only be sold to and be occupied by Moderate Income Households at a price that does not exceed the Affordable Housing Cost for Moderate Income Households.
2. The income of all persons residing in the Owner-Occupied Restricted Unit shall be considered for purposes of calculating the applicable income of the Eligible Household.
3. The Owner-Occupied Restricted Units shall only be sold to Eligible Households approved by City in accordance with this Agreement, the City Inclusionary Housing Requirements and the City's Affordable Housing Program. Developer shall work with City to obtain names of Eligible Households certified or maintained by City in accordance with City's Affordable Housing Program. In the event City no longer certifies or maintains a list of Eligible Households, at least thirty (30) calendar days prior to any proposed sale or other transfer of any Owner-Occupied Restricted Unit during the Term, Developer shall submit to City: (a) a copy of the
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written agreement of purchase and sale; (b) the prospective purchaser's/transferee's income certification, evidence of the purchaser's/transferee's status as an Eligible Household, a list of all assets owned by the prospective purchaser/transferee and any information reasonably necessary to enable City to determine compliance with the terms of this Agreement, in a form reasonably approved by the City; and (c) the income certification to be provided to any lender making a loan on the OwnerOccupied Restricted Unit. The City may require documentation reasonably evidencing and supporting the income and other financial information contained in the certifications, including the prospective purchaser's/transferee's income most recent income tax return. Within thirty (30) calendar days from receipt of the documentation, City shall render a decision of eligibility or noneligibility. If the prospective purchaser/transferee qualifies as an Eligible Household, the purchase price of the Owner-Occupied Restricted Unit is within the definition of Affordable Housing Cost and the sale or transfer complies with the City Inclusionary Housing Requirements, the City shall so certify in writing within such thirty (30) calendar days, and upon request shall execute a certificate, in recordable form, confirming that the proposed transaction complies with the requirements of this Article 1. If the prospective purchaser/transferee does not qualify as an Eligible Household, the purchase price of the Owner-Occupied Restricted Unit is not within the definition of Affordable Housing Cost or the sale or transfer does not comply with the City Inclusionary Housing Requirements, the City shall so notify the Developer in writing, within such thirty (30) calendar days, stating the basis for its determination in reasonable detail and the Developer shall not sell the Owner-Occupied Restricted Unit to such non-Eligible Household.
4. THERE SHALL BE NO SALE OR OTHER TRANSFER OF THE OWNEROCCUPIED RESTRICTED UNIT WITHOUT THE WRITTEN
CERTIFICATION BY CITY THAT THE PURCHASER / TRANSFEREE IS AN ELIGIBLE HOUSEHOLD, THE PURCHASE PRICE OF THE OWNEROCCUPIED RESTRICTED UNIT IS WITHIN THE DEFINITION OF
AFFORDABLE HOUSING COST AND THE SALE OR TRANSFER
COMPLIES WITH CITY'S INCLUSIONARY HOUSING REQUIREMENTS.
ANY SALE OR OTHER TRANSFER OF THE OWNER-OCCUPIED
RESTRICTED UNIT IN VIOLATION OF THIS AGREEMENT SHALL BE VOID.
5. EACH PURCHASER OF A OWNER-OCCUPIED RESTRICTED UNIT FROM
DEVELOPER SHALL ENTER INTO AND RECORD AT THE CLOSE OF
ESCROW A REFINANCE AND RESALE LIMITATION AGREEMENT AND
OPTION TO PURCHASE ("LIMITATION AGREEMENT"), IN A FORM
SIMILAR TO EXHIBIT C, ATTACHED HERETO, SUPPLIED BY AND
APPROVED BY CITY, AND FOR THE BENEFIT OF CITY. UPON
RECORDATION OF THE LIMITATION AGREEMENT: (A) THIS
AGREEMENT SHALL HAVE NO FURTHER FORCE OR EFFECT AS AN
ENCUMBRANCE AGAINST THE OWNER-OCCUPIED RESTRICTED UNIT
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ENCUMBERED BY THE LIMITATION AGREEMENT; AND
(B) DEVELOPER SHALL HAVE NO FURTHER OBLIGATIONS OR
LIABILITIES WITH RESPECT TO THE OWNER-OCCUPIED RESTRICTED
UNIT, ENCUMBERED BY THE LIMITATION AGREEMENT, INCLUDING
WITHOUT LIMITATION ANY RESPONSIBILITY FOR COMPLIANCE BY
THE BUYER OR ITS SUCCESSORS WITH THE TERMS AND CONDITIONS
OF THE LIMITATION AGREEMENT SIGNED BY PURCHASER, PROVIDED
THAT DEVELOPER HAS COMPLIED WITH THE TERMS OF THIS
AGREEMENT.
E. Developer’s execution of this Agreement and compliance with the terms and conditions herein, shall be deemed full and final satisfaction of the City Inclusionary Housing Requirements applicable to the Project.
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ARTICLE 2
MAINTENANCE AND MANAGEMENT
2.1 Maintenance and Management. During the Term (as defined in Section 3.3 below) of this Agreement, Developer agrees to maintain the improvements and landscaping including backyards, side yards and front yards on the Restricted Units in a clean and orderly condition and in good condition and repair and to keep the Restricted Units free from accumulation of debris and waste materials.
Upon the sale of an Owner-Occupied Restricted Unit, the Eligible Household that purchased the Owner-Occupied Restricted Unit will maintain the landscaping on that unit.
2.2 Effect of Article 2. This Article 2 shall terminate and be of no further force and effect upon the first to occur of: (a) the last day of the Term; or (b) the closing of the sale by Developer of, and/or the transfer of title to, the last Restricted Unit pursuant to Article 1 above.
ARTICLE 3
GENERAL PROVISIONS
3.1 Conditions of Approval. This Agreement shall not supersede any conditions of approval for the Development pursuant to the Ordinance or other applicable City Inclusionary Housing Requirements, but is intended to be consistent with the Ordinance and other applicable City Inclusionary Housing Requirements. In the event of any conflict between this Agreement and the City Inclusionary Housing Requirements, the City Inclusionary Housing Requirements shall prevail.
3.2 Notices. Notices required to be given to City or to Developer shall be given by hand delivery, recognized overnight courier (such as UPS, DHL or FedEx) or 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:
City of Brentwood
Housing Division
150 City Park Way
Brentwood, CA 94513
To Developer:
WCHB Development LLC
A California Limited Liability Company
4021 Port Chicago Hwy
Concord, CA 94520
3.3 Duration. The covenants set forth herein on the Restricted Units shall be covenants running with the land and shall inure to the benefit of the City and its successors and assigns, and subject to any shorter time limitations specifically set forth herein, shall be enforceable by the City and its successors and assigns, for a period of forty-five (45) years from the date of recording of this Agreement (the "Term"). The parties agree that for the Term, all future deeds or transfers of interest shall show or reference the applicable restrictions of this Agreement. Upon recordation of a Resale and Refinance Limitation Agreement and
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Option to Purchase, this Agreement shall have no further force or effect as an encumbrance against the Owner-Occupied Restricted Unit to which such Limitation Agreement pertains, and Developer shall have no further obligations or liabilities with respect to such OwnerOccupied Restricted Unit, including without limitation any responsibility for compliance by the buyer or its successors with the terms and conditions of the Limitation Agreement, provided that Developer has complied with the terms of this Agreement.
3.4 No Discrimination. Developer 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, physical or mental disability, age, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Restricted Units, nor shall the Developer 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 the Restricted Units.
3.5 Amendment. This Agreement may be amended only in writing by City and Developer.
3.6 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; provided, however, that any successor of Developer to the Site shall be bound by such covenants, conditions, restrictions, limitations and provisions, whether such successor's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise.
3.7 Successors and Assigns.
A. Binding Effect; Covenants Run with Land. The covenants contained in this Agreement shall inure to the benefit of the City and its successors and assigns and shall be binding upon Developer and any successor in interest as owner of fee title to the Site, or any part thereof. Upon the transfer by Developer of all of its interest in the Site, all references in this Agreement to Developer thereafter shall mean and refer to such successor in interest of Developer as may then be the owner of the Site. In the event that Developer transfers the Site to more than one successor in interest, all successors in interest shall be collectively required to comply with the provisions of this Agreement and shall be jointly and severally liable for any breach or failure to comply, unless each successor and City enter into an agreement outlining the specific obligations of each successor for compliance with this Agreement. The covenants shall run in favor of City and its successors and assigns for the entire period during which such covenants shall be in force and effect. 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.
B. Transfer by Developer of Site. Except as expressly permitted by this Section 3.7.B, Developer shall not sell, transfer, convey, assign or ground lease the Site or any part thereof
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or interest therein (a "Transfer") during the period between the date of recordation of this Agreement and the closing date for the sale or transfer of the last Restricted Unit to be sold or transferred pursuant to Article 1 above without prior written approval of the City. The City's approval shall not be unreasonably withheld or delayed. This restriction shall not apply to (i) any Transfer of a Unit to an individual homebuyer or City, (ii) any Transfer of Developer's interest in the Site to any trust, partnership, corporation, limited liability company or other entity that is managed and controlled by Developer whether through any trust, partnership, corporation, limited liability company or other entity, or (iii) any Transfer after the closing date for the last Restricted Unit sold pursuant to Article 1 above.
This restriction on Transfer shall not be deemed to limit or restrict the making of dedications or granting of easements or permits to facilitate the development of the Site, or to limit or restrict the sale of any individual Units. This restriction on Transfer shall also not be deemed to prohibit, limit or restrict the assignment or granting of any security interests in the Site for the purpose of securing loans or funds to be used for financing the construction of the improvements on the Site, or the exercise by any lenders of their rights and remedies, including without limitation foreclosure, under the agreements and instruments evidencing or securing any such financing.
3.8 No Third Party Beneficiaries. Notwithstanding anything in this Agreement to the contrary, there are no third party beneficiaries of this Agreement.
3.9 Effect of Agreement. Notwithstanding anything in this Agreement to the contrary, nothing in this Agreement shall have any force or effect on any buyer of a single Unit or its right, title or interest in or to such Unit, except that buyers of Owner-Occupied Restricted Units shall execute and be subject to the Refinance and Resale Limitation Agreement and Option to Purchase attached hereto as Exhibit C. The foregoing exemption and release shall be self-executing and require no further instruments or assurances to be effective.
3.10 Default.
a. Any failure by Developer to perform any term or provision of this Agreement shall constitute an "Event of Default" (1) if Developer does not cure such failure within thirty (30) days following written notice of default from City, or (2) if such failure is not of a nature which cannot reasonably be cured within such thirty (30) day period, Developer does not within such thirty (30) day period commence substantial efforts to cure such failure or thereafter does not within a reasonable time prosecute to completion with diligence and continuity the curing of such failure.
b. Any notice of default given hereunder shall specify in detail the nature of the failure in performance alleged by City and the manner in which such failure of performance may be satisfactorily cured in accordance with the terms and conditions of this Agreement. During the time periods herein specified for cure of a failure to perform, Developer shall not be considered to be in default of this Agreement for any purposes.
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c. Any failure or delay by City in asserting any of its rights or remedies as to any Event of Default shall not operate as a waiver of any Event of Default or of any such rights or remedies or deprive City of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. d. In the event of an Event of Default under this Agreement, City 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 remedy proceedings to cure, correct or remedy such Event of Default.
e. Notwithstanding the foregoing, in the event that Developer fails to comply with the terms of this Agreement, City may suspend issuance of building permits for Non-Restricted Units, building inspections of Non-Restricted Units, or issuance of occupancy permits for Non-Restricted Units, or pursue any other remedy available to it.
3.11 California Law. This Agreement shall be construed in accordance with and be governed by the laws of the State of California.
3.12 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.
3.13 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
[Signature Page Follows]
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IN WITNESS WHEREOF, City and Developer have caused this instrument to be executed on their behalf by their respective officers thereunto duly authorized.
CITY:
THE CITY OF BRENTWOOD
By:
Name: G. Harold Duffey
Its: City Manager
Date:__________________________
ATTEST:
By:
Name: Amanda McVey
Its: City Clerk
APPROVED AS TO FORM:
By:
Name: Thomas Lloyd Smith
Its: Interim City Attorney
DEVELOPER:
WCHB DEVELOPMENT LLC, A
CALIFORNIA LIMITED LIABILITY
COMPANY
By: _______________________________
Name: ____________________________
Its: _______________________________
By: _______________________________
Name: ____________________________
Its: _______________________________
Date: _____________________________
SIGNATURES MUST BE NOTARIZED
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EXHIBIT A
Legal Description
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STONEBROOK AFFORDABLE HOUSING AGREEMENT –
DESCRIPTION OF LAND
The land situated in the City of Brentwood, County of Contra Costa, State of California, as described below:
PARCEL ONE:
The Southwest 1/4 of Section 10, Township 1 North, Range 2 East, Mount Diablo Base and Meridian, EXCEPTING THEREFROM:
1. Rights reserved in the Deed from Barbara Ann Ward, Executrix of the Estate of Robert Roger Ward, alias, deceased, recorded June 2, 1967, Book 5381, Official Records, Page 63, and from John Stanley Ward, et ux, recorded June 2, 1967, Book 5381, Official Records, Page 66, as follows:
"An undivided one-half (1/2) interest of all oil, gas, casinghead gasoline and other hydrocarbon and mineral substances under said land without right of entry upon the surface of said lands for the purpose of exploring, taking, removing, disposing, mining and operating for oil, gas, and other hydrocarbon and mineral substances."
2. That portion thereof described as Parcel 1 in the Final Order of Condemnation to Contra Costa Water District, recorded November 14, 1995, in Official Records, under recorder's Series No. 95-197781.
3. All that portion described in that Final Order of Condemnation to State Route 4 Bypass Authority, recorded January 31, 2003, in Official Records, under Recorder's Series No. 2003-49906, and as later quitclaimed by the State Route 4 Bypass Authority, a Joint Exercise of Powers Agency to the City of Brentwood, a municipal corporation of the State of California, its successors and assigns, by instrument recorded May 21, 2013, Series No. 2013-0128598, Official Records.
4. The interest conveyed to the City of Brentwood by deed recorded March 20, 2007, in Official Records, under Recorder’s Series No. 2007-80685.
5. All that land described in the Grant Deed from WCHB Development, LLC to City of Brentwood, a Municipal Corporation of the State of California, recorded January 25, 2022, in Official Records under Recorder’s Series No. 2022-0014972.
PARCEL 2:
All that land described in the deed from City of Brentwood, a Municipal Corporation of the State of California to WCHB Development, LLC recorded January 25, 2022, in Official Records under Recorder’s Series No. 2022-0014973.
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EXHIBIT B
Schedule of Construction
(and Location of Restricted Units)
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SCHEDULE OF CONSTRUCTION
OF AFFORDABLE UNITS
(TO BE FINALIZED WITH FINAL MAP)
2027 – Lots 56, 13, 47, 18, 23, 38
2028 – Lots 34, 27, 88, 93, 98
2029 – Lots 108, 113, 121, 146, 134, 76
2030 – Lots 168, 216, 213, 188, 199
2031 – Lots 246, 238, 235, 258, 223
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Location of Units
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EXHIBIT C
Refinance and Resale Limitation Agreement and Option to Purchase
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
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]
REFINANCE AND RESALE LIMITATION AGREEMENT
AND OPTION TO PURCHASE
For valuable consideration, the receipt of which is hereby acknowledged, _______________________ (individually or collectively, "Owner"), and THE CITY OF BRENTWOOD (collectively defined herein as "City") agree as follows, with reference to the following facts:
RECITALS
A. Owner owns that certain real property located at _________________, Brentwood, California and more particularly described in Attachment 1 attached hereto and incorporated herein. The real property, which includes the land, the residence and all other improvements thereon, and all membership and other rights appurtenant thereto, is referred to in this Agreement as the "Restricted Unit." The Restricted Unit is part of a _____-unit residential community referred to herein as the "Project." B. City has acted to enforce the inclusionary housing requirements set forth in Chapter
17.725 of the Brentwood Municipal Code and any implementing regulations ("City Inclusionary Housing Requirements") by establishing an affordable housing program for the City of Brentwood. As part of the affordable housing program, City has procured assurances that the Restricted Unit will be sold, owned and occupied only by members of an Eligible Household (as defined below), and will be sold only for a price that does not exceed the Affordable Housing Cost (as defined below).
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C. Owner has received the benefit of these assurances in purchasing the Restricted Unit, and is providing the same assurances for the benefit of the City by entering into this Agreement. Owner and City therefore agree that the Restricted Unit shall be subject to the terms, conditions and restrictions, and the rights of City, as specified in this Agreement.
NOW, THEREFORE, in this factual context, for good and valuable consideration, Owner and City agree as follows:
1. Principal Residence. Owner shall occupy the Restricted Unit as his or her principal and legal residence. Upon request by the City, the Owner shall submit an affidavit to the City certifying that the Restricted Unit is the Owner's principal and legal residence.
2. Documentation. Concurrently with execution of this Agreement, Owner shall execute a Disclosure Statement in the form of Attachment 2, attached hereto, and shall execute and acknowledge a Deed of Trust securing its obligations under this Agreement in the form of Attachment 3, attached hereto. The Deed of Trust shall be recorded in the Official Records of Contra Costa County. City may execute and record a Request for Notice of Default in the form attached hereto as Attachment 4.
3. Debt and Refinance Limitations. Without the City's prior written consent, Owner shall not obtain or refinance any loan in connection with the Restricted Unit (a "Loan") that causes Owner's indebtedness (i.e. the total amount borrowed by Owner) in connection with the Restricted Unit to exceed the Affordable Housing Cost (as defined in Section 5(a) below).
4. Submission of Loan or Refinance Information to City. Not less than forty-five (45) days prior to obtaining or refinancing a Loan that requires City's approval, Owner shall submit to City a copy of the proposed loan's terms together with any and all other information reasonably requested by City, including without limitation a copy of the loan application and Good Faith Estimate. Within fifteen (15) business days from receipt of the information, City shall render a decision. If City does not approve the Loan, City shall so notify Owner in writing within such fifteen (15) business days, stating the basis for its determination in reasonable detail.
5. Resale Limitations. Except as otherwise provided in this Agreement during the Term (as defined in section 18 below), the Restricted Unit shall only be sold to an Eligible Household approved by City in accordance with the terms of the Agreement, the City Inclusionary Housing Requirements and the City's Affordable Housing Program for an amount that does not exceed the Affordable Housing Cost. As used in this Agreement:
a. "Affordable Housing Cost" shall be as defined in Health and Safety Code Section 50052.5 or any successor statute thereto. If the statute is no longer in effect and no successor statute is enacted, the City shall establish the Affordable Housing Cost for purposes of this Agreement. For purposes of determining the Affordable Housing Cost: (i) the purchase price for a 2 bedroom Restricted Unit shall be established using the assumption that the Eligible Household purchasing the Unit
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is comprised of three persons; (ii) the purchase price for a 3 bedroom Restricted Unit shall be established using the assumption that the Eligible Household purchasing the Unit is comprised of four persons; and (iii) the purchase price for a 4 bedroom Restricted Unit shall be established using the assumption that the Eligible Household purchasing the Unit is comprised of five persons. b. "Eligible Household" shall mean and include a person or household (i) whose annual gross income does not exceed 50%, 80% or 110% (fill in correct percentage) of the Median Income, as defined below (which percentage shall be adjusted as provided in Title 25, Section 6932 of California Code of Regulations); and (ii) who meets the definition of a First Time Homebuyer. c. "First Time Homebuyer" shall mean and include a person or household, no member of which has had any of the following interests in real property in his or her primary residence in the three years preceding the date of purchase of the Unit: fee simple, joint tenancy, tenancy in common, life estate, shareholder in a cooperative or interest held in trust that would continue on to ownership if held. d. "Median Income" shall mean the area-wide median gross yearly income in Contra Costa County, adjusted for household size, as established from time to time by the U.S. Department of Housing and Urban Development ("HUD"), or, by the California Department of Housing and Community Development ("HCD") if HUD ceases to establish such income standards. In the event that neither HUD nor HCD are establishing such income standards, the City shall provide Owner with income standards which are determined in a manner reasonably similar to the methods of calculation previously used by HUD or HCD.
6. Submission of Resale Information to City. Not less than forty-five (45) days prior to any proposed sale or other transfer of the Restricted Unit during the Term, Owner shall submit to City: (a) a Notice of Intent to Transfer in the form attached hereto as Attachment 5, (b) a copy of the written agreement of purchase and sale, (c) the prospective purchaser's/transferee's income certification, evidence of the purchaser's/transferee's status as an Eligible Household, a list of all assets owned by the prospective purchaser/transferee and any information reasonably necessary to enable City to determine compliance with the terms of this Agreement, in a form reasonably approved by the City, and (d) the income certification to be provided to any lender making a loan on the Restricted Unit. City may require documentation reasonably evidencing and supporting the income and other financial information contained in the certifications, including the prospective purchaser's/transferee's income most recent income tax return. Within thirty (30) calendar days from receipt of the documentation, City shall render a decision of eligibility or noneligibility. If the prospective purchaser/transferee qualifies as an Eligible Household, the purchase price of the Restricted Unit is within the definition of Affordable Housing Cost and the sale or transfer complies with the City Inclusionary Housing Requirements, the City shall so certify in writing within such thirty (30) calendar days, and upon request shall execute a certificate, in recordable form, confirming that the proposed transaction complies with the requirements of this Agreement. If the prospective purchaser/transferee does not
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qualify as an Eligible Household, the purchase price of the Restricted Unit is not within the definition of Affordable Housing Cost or the sale or transfer does not comply with the City Inclusionary Housing Requirements, the City shall so notify Owner in writing, within such thirty (30) calendar days, stating the basis for its determination in reasonable detail and Owner shall not sell the Restricted Unit to such non-Eligible Household.
7. Ineligible Transfers. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT,
THERE SHALL BE NO SALE OR OTHER TRANSFER OF THE RESTRICTED UNIT
WITHOUT THE WRITTEN CERTIFICATION BY THE CITY THAT THE
PURCHASER / TRANSFEREE IS AN ELIGIBLE HOUSEHOLD, THE PURCHASE
PRICE OF THE RESTRICTED UNIT IS WITHIN THE DEFINITION OF
AFFORDABLE HOUSING COST AND THE SALE OR TRANSFER COMPLIES WITH THE CITY INCLUSIONARY HOUSING REQUIREMENTS. ANY SALE OR
OTHER TRANSFER OF THE RESTRICTED UNIT IN VIOLATION OF THIS AGREEMENT SHALL BE VOID.
8. Permissible Transfers. The following transfers of title to a Restricted Unit or any interest therein are not subject to the City's prior written approval so long as the transferee's household (i.e., the persons or persons acquiring ownership of the Restricted Unit) qualifies as an Eligible Household and occupies the Restricted Unit in compliance with the terms of this Agreement: (a) transfer by gift, devise or inheritance to the spouse, issue or adopted child of the Owner; (b) transfer resulting from death of an Owner when the transfer is to a co-Owner or joint tenant; (c) transfer by an Owner to any person who becomes a co-Owner of the Restricted Unit provided (i) the Owner retains at least a 33% interest in the Restricted Unit, (ii) the co-Owner and Owner together qualify as an Eligible Household, and (iii) co-owner agrees to be bound by this Agreement by signing a copy of this Agreement and delivering it to the City; (d) transfer of title to a spouse resulting from divorce; (e) decree of dissolution or legal separation or from a property settlement agreement incidental to such a decree in which one of the Owners becomes the sole owner; (f) acquisition of title to the Restricted Unit or interest therein in conjunction with marriage; or (g) a transfer between co-Owners or a transfer by Owner into an inter vivos trust in which Owner is a beneficiary and Owner continues to occupy the Restricted Unit.
9. Effect of Sale. THE PURCHASER OF THE RESTRICTED UNIT FROM OWNER
SHALL ENTER INTO AND RECORD AT THE CLOSE OF ESCROW A NEW
REFINANCE AND RESALE LIMITATION AGREEMENT AND OPTION TO
PURCHASE, IN A FORM SIMILAR TO THIS AGREEMENT, SUPPLIED AND APPROVED BY THE CITY, AND FOR THE BENEFIT OF THE CITY. IF THE
PURCHASER FAILS TO EXECUTE A NEW AGREEMENT, PURCHASER WILL REMAIN SUBJECT TO THIS AGREEMENT. UPON THE CLOSING, AND
RECORDATION OF THE NEW REFINANCE AND RESALE LIMITATION
AGREEMENT AND OPTION TO PURCHASE, OWNER SHALL HAVE NO
FURTHER OBLIGATIONS OR LIABILITIES TO THE CITY WITH RESPECT TO
THE RESTRICTED UNIT, INCLUDING WITHOUT LIMITATION ANY
RESPONSIBILITY FOR COMPLIANCE BY THE PURCHASER OR ITS
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SUCCESSORS WITH THE TERMS AND CONDITIONS OF THE NEW REFINANCE AND RESALE LIMITATION AGREEMENT AND OPTION TO PURCHASE.
10. City's Option to Purchase.
a. Option Notice. If Owner cannot in good faith, and despite using best commercially reasonable efforts, locate an Eligible Household to purchase the Restricted Unit at an Affordable Housing Cost, Owner shall have the right, but not the obligation, to give the City written notice of such circumstances (the "Option Notice"). However, the Owner shall not sell the Restricted Unit for a price that exceeds the Affordable Housing Cost or to a non-Eligible Household 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,
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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 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
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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.
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: