Brentwood City Council
July 28, 2026

5.7 ITALIANATE

STYLE DESCRIPTION
The Italianate style also draws from the history of Tuscan hilltown and villas in the Italian countryside. It is a reflection of formal classical ideals in art and fashion of the medieval European time period. It is an architectural style that embraces elements with an ornate flair, it includes additive forms or rustic exterior elements, rough cut stone, barrel tile roofs and elements of wrought iron railings and wall accents that are common in informal rural homes or renaissance era town homes.

5.7.1 ARCHITECTURAL FEATURES

STONE/BRICK WALLS

OVERHANGING EAVES

LOW PITCHED OR FLAT ROOF

RECESSED ENTRY

DOOR WITH LARGE

PLANES OF GLASS ARCHED OPENINGS

VERTICALLY OPENED

WINDOWS RECTANGULAR SHAPE

BUILDING

STONE/BRICK

STAIRCASE

RECESSED WINDOWS

DARK ACCENTS

CLAY TILES
144 BRENTWOOD ODS Page 205 of 714

ITALIANATE STYLE
CITY OF BRENTWOOD OBJECTIVE DESIGN STANDARDS 145

ARCHITECTURAL STYLES

5.7.2 ROOFS

REQUIRED ELEMENTS
• Flat or low to moderate-pitched roof (maximum
6:12 slope)
• Reddish orange to deep terracotta colored clay
tiles, concrete-tile, or tile-profiled metal roofing. The appearance of these roof types shall emulate the
traditional clay-tile Italianate roofs. Common shapes
include both Spanish (S-shaped) and Mission (half
cylinder/ barrel tile) types.
• Variation of roof planes
• Wide overhanging eaves (minimum 24 inches along
primary elevation)

ALLOWED ROOF TYPES
• As primary: Hip, Gable, Flat, Pyramid Hip, Combination • As secondary/ accent: Dormer, Cross-Hipped, Box
Gable, Conical, Hexagonal, Jerkinhead
146 BRENTWOOD ODS Page 207 of 714

5.7.3 WALLS & WINDOWS

REQUIRED ELEMENTS
• Vertically oriented rectangular or arched windows
arranged in asymmetrical patterns
• Casement or double-hung sash with flat or arched
lintels
• Walls shall be composed of predominantly flat
surfaces
• Windows shall be recessed 3 to 12 inches from
outer wall
• Divided lite windows

OPTIONAL ELEMENTS
• Pedimented or framed windows
• Paired decorative wood shutters
• False quoins at exterior wall corners
CITY OF BRENTWOOD OBJECTIVE DESIGN STANDARDS 147

ARCHITECTURAL STYLES

5.7.4 MATERIALS & COLORS

REQUIRED ELEMENTS
• Stucco and plaster walls
• Earth tones, inspired by natural elements including
soil, rocks, clay, sand, and vegetation, typically
muted, warm, and neutral in appearance.
• Rough-hewn stone accent features
• Honed stone feature walls in running style pattern
148 BRENTWOOD ODS Page 209 of 714

STONE ACCENT WALL WROUGHT IRON WINDOW GRILLES

SHALLOW BALCONIES RAFTER EXTENSIONS

BRICK,STONE OR WOOD COLUMNS ARCADE OR PORCH ENTRY/ OPENINGS Stone wall accents shall occur along building facade, covering no less than 15% of the primary facade
Wrought iron window grilles shall be placed on clerestory windows.

Rafter extensions shall occur at a minimum 30% of second floor and above window openings.

Arcades or porch at entries shall occur at building entrances.

Shallow balconies shall occur at a minimum of 30% unit living space openings of second floor and above.

Brick, stone or wood columns shall occur along building entries or openings with a minimum diameter of 12 inches.

5.7.5 DECORATIVE ACCENTS
& DETAILS (CHOOSE AT
LEAST 4)
CITY OF BRENTWOOD OBJECTIVE DESIGN STANDARDS 149

ARCHITECTURAL STYLES

5.8 COLONIAL

STYLE DESCRIPTION
Colonial style of building originated from the European colonialism in regions around the world. It is a simple and traditional style that is a combination between Gothic, Renaissance, Baroque and Neoclassical architectural styles based on regional stylistic choices or design character based on the country colonists settled in.

Colonial architecture is less ornate than other styles. It emerged in the United States between the 17th and 18th centuries, the primary style was called “Georgian” which was popular during the reigns of kings George II and III of England. Style as described for the City of Brentwood is inspired by Early American or New England Colonial and Neoclassical styles.

5.8.1 ARCHITECTURAL FEATURES

DORMER WINDOWS

WINDOW SHUTTERS CASEMENT WINDOWS WITH MUNTINS

DECORATIVE ENTRYWAY

WOODEN ACCENT DOOR FRONT PORCH WITH

SIMPLE COLUMNS

SIMPLE PITCHED ROOF

RECTANGULAR SHAPE COVERED PORCH

HORIZONTAL WOOD SIDING
150 BRENTWOOD ODS Page 211 of 714

COLONIAL STYLE
CITY OF BRENTWOOD OBJECTIVE DESIGN STANDARDS 151

ARCHITECTURAL STYLES

5.8.2 ROOFS

REQUIRED ELEMENTS
• Simple Pitched Roof, Hipped Roof or Gabled Roof
• Pitched roof at 3:12 to 5:12 slope
• Masonry roofs emulating traditional wood shingles,
wood shakes, or slate roofs. Metal roofs can be
standing seam, corrugated, metal-shingle, metaltile, and low-profile ribbed panels. • Overhanging eaves (minimum 18” on elevation
that face a public street) with exposed rafter tails
or beams
• Zero overhanging eaves on side elevations
• Small 1’-0” or less decorative exposed rafter tails

OPTIONAL ELEMENTS
• Mansard roof forms and center-gable forms (at steep
roof pitches) are acceptable as accents
• One intersecting gable roof
• Standing seam roof

ALLOWED ROOF TYPES
• As primary: Gable, Box Gable, Hip, Gable, Gambrel,
Cross-Hipped, Hip & Valley
• As secondary/ accent: Dormer, Dutch Gable,
Combination, Pyramid Hip, Jerkinhead, Saltbox
152 BRENTWOOD ODS Page 213 of 714

5.8.3 WALLS & WINDOWS

REQUIRED ELEMENTS
• Windows shall be tall, narrow and double-hung
• Symmetrical windows placements shall be paired
together or grouped in threes
• Horizontal wood siding visible from street frontage

OPTIONAL ELEMENTS
• Windows shall be paired together or grouped in
threes
• Window adornments, of one or more of the following
types: 1. The hooded version (curved windows);

2. The bracketed with entablature (rectangular
windows); 3. Framed with trim molding (either
curved or rectangular)
• Casement window forms (especially in rowhouse
types)
• Wood Siding all building elevations
CITY OF BRENTWOOD OBJECTIVE DESIGN STANDARDS 153

ARCHITECTURAL STYLES

5.8.4 MATERIALS & COLORS

REQUIRED ELEMENTS
• Wood, Brick or Stone wainscotting or accent wall
• White or muted color tones
• Exposed Wood or wood-like materials and tones

OPTIONAL ELEMENTS
• Full Brick Facade
154 BRENTWOOD ODS Page 215 of 714

5.8.5 DECORATIVE ACCENTS
& DETAILS (CHOOSE AT
LEAST 4)

ACCENT WINDOW SHUTTERS

ACCENT DORMER PROJECTS

FRONT PORCH ACCENT FRONT DOOR

EXPOSED BRICK CHIMNEY
At least one chimney profile visible from any street frontage At minimum located symmetrically placed along all street fronting windows
Minimum 2 in equivalent distance across horizontal roof from street frontage
Wooden batten door or brightly colored front door, typically red or complimentary to facade material colors
Wrap around or along a minimum of 50% of the street frontage CITY OF BRENTWOOD OBJECTIVE DESIGN STANDARDS 155

ARCHITECTURAL STYLES

156

LANDSCAPE

6.1 LANDSCAPE MATERIALS & VEGETATION (S,M,L)

6.2 IRRIGATION (S,M,L)

6.3 FIRE HAZARD (S,M,L)

6.4 HARDSCAPE (S,M,L)

6.5 WALLS & FENCING

6.6 LANDSCAPE LIGHTING

6.7 SITE FURNISHINGS

157
6 CITY OF BRENTWOOD
OBJECTIVE DESIGN STANDARDS Page 218 of 714

PURPOSE
• Emphasize landscaping as a fundamental design component, retaining mature landscaping to the extent appropriate, to reinforce a sense of the natural environment and to maintain an established appearance. • Establish landscape clearances and other design elements to buffer residential units to the extent possible from the impacts of abutting roadway or different intensities of land uses.
• Utilize landscape design to create character and identity, enhance the appearance and function of outdoor spaces, encourage pedestrian activity, promote social interaction, enhance or integrate new natural systems, add shade to the urban environment and provide stormwater management. • Promote sustainability goals and incorporate solutions appropriate to the climate, region and local conditions.
• Foster city wide goals for enhancing development, and public realm • Preserve and enhance existing trees and arborist-defined tree characteristics, including canopy coverage, species diversity, health, and long-term viability, to support neighborhood character, environmental quality, and urban forestry goals. 158 BRENTWOOD ODS
6 LANDSCAPE

6.1 LANDSCAPE MATERIALS & VEGETATION
INTENT
• Provide aesthetically pleasing, low-maintenance landscapes and plantings that enhance residential buildings and outdoor private and public spaces.
• Use landscaping to frame and or enhance public spaces and create unique areas positioned for active or passive activities.

Refer to Brentwood Municipal Code Title 8: Chapter 8.36 and Title 17: Chapter 17.630, for all new or rehabilitated development to adhere to the latest requirements for the landscaping and screening standards.

6.1.1 LANDSCAPED AREA

1. All open space, public and private, shall be landscaped (excludes paved road drive aisles).

2. All portions of required front yards, except those areas occupied by pedestrian or vehicular access ways, shall be landscaped.

6.1.2 SOIL DEPTH
Planting in above grade planters or podium landscaped areas shall have a minimum topsoil depth of 12” for ground cover, 24” for shrubs, and 36” for trees.

6.1.3 GROUNDCOVER

6.1.3.1 TURF AND ARTIFICIAL TURF

1. Natural turf areas shall be limited to active uses or recreation areas, includes but not limited to sports requiring turf (soccer, football, baseball, golfing, etc.), children’s play area, dog park, or dedicated event lawn.

2. Natural turf areas shall be a minimum 10’ diameter, or 10’ width.

3. Natural turf is prohibited in parking lots.

4. Artificial turf may be used as a substitute for natural turf for the purposes of water conservation, or in high-activity or foot-traffic areas including the sports fields listed above. Includes, but not limited to dog park, mixed-use/active frontage adjacent plaza event lawns, children’s playground surfacing, etc.

5. Artificial turf is prohibited in the front and side setback(s) of the development areas visible to facing arterial and collector roads.

LANDSCAPE
CITY OF BRENTWOOD OBJECTIVE DESIGN STANDARDS 159 Page 220 of 714

6.1.3.2 NON-PLANT MATERIALS, SOIL, AND MULCH

1. Crushed rock, mulch, pebbles, stones, and similar non-plant materials, where no plant material is present, shall be allowed up to 10% of the total required landscaping area.

2. Landscaped areas where plant material is present shall be top-dressed with 3” shredded mulch or 2” crushed rock, mulch, pebbles or stones to avoid exposed bare soil.

3. 3” minimum depth bark mulch must be confined to areas underneath shrubs and trees and is not a substitute for groundcover plants.

4. All non-plant materials used for xeriscaping shall be stabilized, dust-controlled, and edged or otherwise contained to prevent migration into planted areas, sidewalks, or stormwater facilities.

6.1.3.3 GROUNDCOVER PLANTING
One-gallon (1-gal.) containerized plant material size shall be the minimum groundcover size at installation.

6.1.4 TREES

6.1.4.1 GENERAL LANDSCAPE AREA TREE PLANTING

1. All tree planting shall be installed at a minimum of 24” box size.

2. Minimum planter area for trees shall be 5’ by 5’.

3. Trees where excessive flower and fruit drop are considered a nuisance and damage/harm both the surface they fall upon or walkway users must be avoided within 6’ of pedestrian walkways.

4. Evergreen trees must be used to soften the appearance of blank walls and provide visual screening but shall not be a replacement for enhanced architecture.

5. Street trees shall be required and must be an approved street tree from the City of Brentwood’s Urban Forest Guidelines.

6. Street Trees shall be planted at 25’ on-center (O.C.) maximum, or for larger trees, at a distance on-center appropriate for healthy growth based on it’s expected mature width.

7. Street trees shall be installed using root barriers per City tree planting details.

8. Trees shall be planted between right-of-way street trees and the façade of the building to compliment or soften the impact of the architecture. They shall be planted at 30’ O.C. maximum. 160 BRENTWOOD ODS Page 221 of 714

6.1.4.2 SURFACE PARKING AREA TREE PLANTING

1. A minimum 5’ planting width is required where tree planter islands occur between parking stalls.

2. For residential parking, a row of side-by-side (contiguous) parking spaces shall not exceed 6 stalls without a parking lot tree planter or planter island.

3. For mixed-use parking, a row of side-by-side (contiguous) parking spaces shall not exceed 7 stalls without a tree well.

6.1.4.3 TREE PROTECTION

1. Newly planted trees shall be supported with double stakes and/or guy wires or approved equivalent City standard.

2. Root barriers shall be required for any tree placed within 10’ of pavement, or above-grade utilities.

3. Based on the recommendations of a qualified arborist’s report, existing trees to be preserved on site shall be appropriately protected during construction and incorporated into the overall landscape design of the development.

6.1.5 PRIVACY AND SCREENING
Landscape screening shall obscure direct sight lines into dwelling units and restricted open space areas from communal areas including parking areas, common mailboxes, and pedestrian walkways.

Landscape screening may be combined with walls, fencing, and/or trellises to screen views.

1. Landscape screening shall fit within associated
planting areas and canopy sizes must not
overlap with a building, walls, foundations
or eaves.

2. Landscape screening shall use non-invasive
evergreen trees, shrubs, and/or vines located
and sized to buffer views. Deciduous species,
perennials and grasses or grass-like plants
are not permitted for privacy screening.

3. Landscape screening and vegetation shall
use the following minimum container sizes
at the time of planting (table right):

SCREENING LANDSCAPE PLANT SIZES
SIZE
(MIN.)
TREES 24” box.

SHRUBS 5 gal.

VINES 5 gal.

TABLE 6.1: MINIMUM CONTAINER SIZES FOR SCREENING LANDSCAPE PLANT SIZE

LANDSCAPE
CITY OF BRENTWOOD OBJECTIVE DESIGN STANDARDS 161 Page 222 of 714

6.1.6 RESIDENTIAL BUFFERING

1. Buildings with residential ground-floor uses shall
have a minimum of one (1) tree per building frontage
width divided by 20’. Trees located in the adjacent
right-of-way may count toward this minimum. Private
entrance drive/street frontages are excluded. Trees
may be staggered or in an aligned on-center spacing
to comply with standard.

2. A minimum 10’ wide landscape buffer shall be
provided along the entire length of the shared property line between multi-family or residential mixed-use
development and abutting residential properties.

The buffer shall include a solid masonry wall with a
6’ height, except within a street-facing setback where
walls are not permitted.

3. For subdivisions, a minimum 5’ wide landscape
buffer shall be provided along the entire length of the shared property line between driveways or access
aisles and abutting properties with screening trees planted at 25’ on-center (O.C.) maximum.

6.1.7 DROUGHT TOLERANT PLANT SPECIES
A minimum of 50% of non-turf landscaped areas shall be planted with drought-tolerant planting to bring interest and beauty to the landscape, support biodiversity, and reduce the need for pesticides and excessive irrigation.

Plant materials shall be appropriate as identified by Water Use Classification of Landscape Species (WUCOLS) for Region 2. Refer to latest WUCOLS recommendations from California Center for Urban Horticulture WUCOLS website <https://ccuh.ucdavis.edu/wucols>.

6.1.8 PROTECTION FROM ENCROACHMENT
Landscaping shall be protected from vehicular and pedestrian encroachment by raised planting surfaces, providing appropriately planned walkways, the use of curbs, and installing hedges to direct the flow of pedestrian traffic.

At parking stall, one (1) wheel stop per stall must be provided if a raised planter curb is not present to prevent car from damaging adjacent tree trunks or vegetation adjacent to car parks.

Min. 10’ wide landscape buffer
Trees planted at a rate of at least one tree per
35 linear feet along the shared property line
Solid masonry 6’ privacy wall except in front
setback, where 48” walls are permitted.

Street-facing setback
FIGURE 6.1 RESIDENTIAL BUFFERING DIAGRAM
STREET

RIGHT-OF-WAY

MULTI-FAMILY/MIXED USE

RESIDENTIAL BUILDING
A
B
C
A
B
C
162 BRENTWOOD ODS Page 223 of 714

6.1.9 INTERFERENCE WITH UTILITIES

1. All service areas, storage areas and utility and equipment locations shall be coordinated between landscape architect and civil engineer. Utility locations shall not interfere with required landscape.

2. Plant materials shall be placed so that they do not interfere with the lighting of the premises or restrict access to emergency apparatus including fire hydrants or fire alarm boxes.

3. Trees or large shrubs shall not be planted under overhead lines or over underground utilities if their growth might interfere with such public utilities.

4. Plant material setbacks from utilities shall conform to utility company requirements.

6.1.10 SAFETY
Landscape planting must be designed to contribute to crime prevention. Shrubs that have the potential of creating hiding places shall not be placed in areas of pedestrian movement, including along walkways and building entrances.

1. All shrubs or bushes should be no higher than two (2) feet and thinned out at maturity. All trees should be cut so that no branches or leaves hang lower than ten feet from the finish surface/ ground plane.

6.1.11 SITE OBSTRUCTIONS
Trees planted in a parkway, between curbs and sidewalk, shall have a clear vision triangle utilizing 30 foot tangents at the outside line at intersection or driveway condition.

LANDSCAPE
CITY OF BRENTWOOD OBJECTIVE DESIGN STANDARDS 163 Page 224 of 714

6.2 IRRIGATION
INTENT
• To incorporate an efficient automated irrigation system that delivers uniform coverage of the appropriate amount of water to the site’s plant material.

6.2.1 COMPLIANCE WITH CITY STANDARD

1. All irrigation systems shall be designed and installed using City approved landscape irrigation standards.

2. All projects must also comply with the state water audit requirements.

6.2.2 AUTOMATIC IRRIGATION CONTROLLERS

1. Irrigation systems shall include a ‘smart’ (ET) irrigation controller, which automatically adjusts application of water frequency and/or duration of irrigation events in response to weather conditions.

2. Backflow preventers and anti-siphon valves shall be provided in accordance with current codes.

6.2.3 SPRINKLER HEADS

1. Sprinkler heads and risers placement shall not conflict with vehicular overhang.

2. “Pop-up” heads with low precipitation rate heads/nozzles shall be used near curbs and sidewalks where no vehicular overhang occurs.

3. The landscape irrigation system shall be designed to prevent run-off and over-spray.

4. No overhead irrigation is allowed within 24” of a non-permeable surface. 164 BRENTWOOD ODS Page 225 of 714

6.2.4 DRIP IRRIGATION SYSTEMS

1. Drip irrigation systems shall be implemented within shrub and groundcover areas wherever possible to reduce runoff and achieve highest possible irrigation efficiency.

2. Low-flow bubbler emitters, products that target the tree’s root system, shall be implemented at all tree locations.

6.2.5 ENCLOSURES
All irrigation systems shall be designed to reduce vandalism by placing controls in appropriate enclosures.

6.2.6 EFFICIENCY

1. Plants shall be grouped in high and low maintenance zones per the water requirements of the plant species. Plant maintenance zones shall coordinate with irrigation plans to minimize water use and the placement of irrigation tubing.

2. Irrigation water demands shall also be in compliance with the Model Water Efficient Landscape Ordinance of the State of California. Refer to City of Brentwood Municipal Code Title 17: Section

17.630.010.

LANDSCAPE
CITY OF BRENTWOOD OBJECTIVE DESIGN STANDARDS 165 Page 226 of 714

6.3 FIRE HAZARD
INTENT
• For tailored advice on fire-resistant plants appropriate for project site, check with local nurseries, landscape contractors, or Contra Costa County Fire Protection District (CCCFPD) landscape standards. • Provide for the proper use of plant or hardscape materials on the ground plane to reduce the spreading of fires or wildfires in areas designated fire prone community. • This code and ordinance below are referenced to ensure that the city’s fuel modification efforts are in compliance with current Contra Costa County fire prevention standards.

6.3.1 FIRE PREVENTION AUTHORITY
The Contra Costa County Fire Protection District (Con Fire)is responsible for the fire prevention in the county of Contra Costa. Any development identified in the City of Brentwood’s fire hazardous zone, shall submit plans to Con Fire for review.

6.3.2 FUEL MODIFICATION
Refer to Brentwood Municipal Code Title 17: Section 17.472 and The County of Contra Costa Ordinance of Fuel Mitigation and Exterior Hazard Abatement NO. 2023-07,for any new or rehabilitated development to adhere to the latest requirements for fire hazard prevention, landscape material selection and spacing irrigation demands, and fire barriers.

Ember‑resistant zones, defined per California Public Resources Code Section 4291 and related defensible space regulations promulgated by the Board of Forestry and Fire Protection, shall be required around all structures.
166 BRENTWOOD ODS Page 227 of 714

6.4 HARDSCAPE
INTENT
• Provide proper use of materials on the ground plane to manage the flow of people, vehicles, things, information, or water and create usable outdoor spaces.

6.4.1 LOCATION

1. Primary entries to buildings shall provide decorative paving that contrasts in color and texture with the adjacent walkway paving to accentuate the entrances.

2. Asphalt and standard concrete should be used only in areas of high traffic volume and service areas unseen by the average resident or visitor.

3. All pedestrian-use pavement shall be ADA compliant.

6.4.2 APPEARANCE & MATERIALS

1. Hardscape materials shall be constructed of
firm and slip-resistant materials, see table.

2. Pervious surfaces shall be a minimum of 30%
of the total hardscape area. Where hardscape
is necessary, permeable pavers should be
considered whenever possible.

3. No stained or stamped concrete shall be used
in any area as non-integral colored concrete
quickly fades and stamped patterns become
unsightly and unrecognizable over time.

4. Integral color concrete shall be non-fading
pigment thoroughly mixed into the full concrete
depth; no top-layer surfacing color mixture
is allowed.

6.4.3 WATER MANAGEMENT AND DIVERSION

1. Hardscape surfaces shall be sloped to drain water adequately per latest California Building Code Title 24 standards.

2. Paved surfaces where water accumulates is not allowed.

3. Grates and drains shall be placed within the hardscape infrastructure to remove water from the surface and channel it to the local stormwater catchment system including bio-retention, swales, etc.

ORDER OF PREFERRED PAVING

OPTIONS

VEHICULAR PEDESTRIAN

1. CONCRETE
PAVERS1

1. CLAY OR CONCRETE
PAVERS1

2. INTEGRAL

COLORED
CONCRETE2

2. CONCRETE WITH

AGGREGATE

3. ASPHALT 3. INTEGRAL COLORED
CONCRETE2

4. STANDARD CONCRETE
(NATURAL GRAY) 1
Permeable is preferred where applicable.
2 Using Scofield, Davis Color or City Approved Equivalent.

TABLE 6.2: ORDER OF PREFERRED PAVING OPTIONS

LANDSCAPE
CITY OF BRENTWOOD OBJECTIVE DESIGN STANDARDS 167 Page 228 of 714

6.5 WALLS & FENCING
INTENT
• Design walls and fences to include durable materials, be aesthetically appealing, and not create a monolithic barrier along street frontages. The design of walls and fences, and the materials used shall be consistent with the overall development’s design.

6.5.1 OWNERSHIP AND RESPONSIBILITY
All walls shall be placed on privately owned property and construction and maintenance will be the sole responsibility of the landowner.

6.5.2 APPEARANCE AND INTEGRATION
Walls and fences style shall be integrated with adjacent structures and terrain and utilize landscaping and vegetation materials to soften their appearance.

6.5.2.1 MATERIALS & COLOR

1. Walls and fencing shall be complementary of the architecture in the plot/development area by incorporating building colors and materials, which shall adhere to the design standard outlined in Chapter 5: Architecture Styles.”

2. Walls and fencing shall match or complement the overall landscape materiality palette and design theme, which shall adhere to the design standard in Chapter 6.

6.5.2.2 MATERIAL DURABILITY

1. Wall design and selection of materials shall consider maintenance feasibility, especially graffiti removal and long-term maintenance.

2. Decorative capstones on stucco walls shall be implemented to prevent water damage from rainfall and moisture.

6.5.2.3 VISUAL INTERESTS

1. Perimeter walls shall incorporate at least two different textures, staggered setbacks, and design articulation in conjunction with landscaping to provide visual interest and soften the appearance of the walls.

2. Perimeter walls shall incorporate decorative columns or pilasters covered in stone or brick veneer to provide visual relief. The maximum unbroken length of a perimeter wall shall be 50 feet. 168 BRENTWOOD ODS Page 229 of 714

6.5.2.4 VIEW FENCING
A fence, where the surface area is above a maximum of 36 inches, shall be a transparent or semitransparent material including glass or ornamental iron.

1. Patio Walls: View fencing shall be used along the patio frontage of any ground floor residential building where an unobstructed significant distant view is seen from ≥ 50% of the length of building face.

2. Perimeter Wall: View fencing shall be used along any perimeter wall to allow an unobstructed significant distant view to be seen from nearby residential units and/or from adjacent walkways.

6.5.3 WALL CAPS
Wall caps shall be incorporated as a horizontal design element at the top of walls and shall not exceed 4” vertical thickness.

6.5.4 SCREENING AND NOISE MITIGATION

1. Screen walls, sound walls, and retaining walls shall be used to mitigate noise generators and provide privacy for residents.

2. Walls required for noise mitigation may exceed maximum height limit, as determined by an acoustical analysis and approved by director.

6.5.5 SAFETY
Fences, walls, and other screening and landscaping, whether provided in compliance with the provisions of this Subsection or provided in addition to those provisions, are subject to review by the Traffic Engineer when in the clear vision zone.

LANDSCAPE
CITY OF BRENTWOOD OBJECTIVE DESIGN STANDARDS 169 Page 230 of 714

6.6 LANDSCAPE LIGHTING
INTENT
• Enhance the visual and exterior interest of planted areas. • Provide an appropriate level of illumination along pathways and stairs for residents and guests to increase safety and security along paths of travel.
• To illuminate recreation and communal spaces allowing nighttime use.

6.6.1 TYPES OF LIGHTING
Landscape architects and electrical engineers shall implement a variety of lighting types shown in the table below to illuminate the development’s landscape appropriately.

LANDSCAPE LIGHTING: TYPES

DEFINITION

SPOTLIGHT
Known as uplights, downlights,
directional lights or bullets most
commonly used to illuminate trees
in the landscape.

PATH &
AREA
Path lights illuminate paths and
walkways. Area lights increase
visibility to the area around the
fixture and can be used to light
landscape beds.

FLOOD
LIGHTS
Flood lights add security and light
up property at night. Flood lights
commonly have a much higher
wattage and wider angle than
spotlights.

WALL
WASH
LIGHTS
This type of flood light is used to
provide even illumination across a
wide surface.

WELL
LIGHTS
Well and in-grade lights are installed
below ground (grade) level. The
fixture may sit in a turf area or
hardscape where foot or vehicular
traffic will pass over.

DECK
LIGHTS
Deck lights are designed to attach
to fence posts and can be mounted
on the sides of nearby structures
and stairs.

STEP
LIGHTS
Step lights illuminate treads and or
risers of stairs.

HARDSCAPE
LIGHTS
Hardscape lights attach to the
underside of capstones and overhangs
most commonly floodlight surfaces
including patios, walkways, driveways,
stairs, walls and outdoor kitchens
or fireplaces.

TABLE 6.3: LANDSCAPE LIGHTING TYPE DEFINITION
170 BRENTWOOD ODS Page 231 of 714

6.6.2 LOCATION

1. Accent lighting shall be used to illuminate walkways, parking areas, entries, seating areas, and/or specimen plants and trees.

2. Spotlighting or glare from any site lighting shall be shielded from adjacent properties and directed at a specific on-site object or target area.

3. Landscape lighting fixtures shall be incorporated in water features.

4. Path lights, if used, shall be placed min. 12”-18” away from edge of paving and be incorporated with landscape rock/boulders or similar objects for protection.

6.6.3 LIGHT COLOR
The color of landscape lighting is essential as it provides appropriate warmth to outdoor spaces, enhancing the atmosphere and overall aesthetic of the project. Thoughtful selection of light color creates a welcoming environment that complements the natural landscape and architectural features. the standard of light color is as follows:

LIGHT COLOR
MIN. MAX.

COLOR

TEMPERATURE
(KELVIN)
3000 5000
TABLE 6.4: LIGHT COLOR TEMPERATURE STANDARD

LANDSCAPE
CITY OF BRENTWOOD OBJECTIVE DESIGN STANDARDS 171 Page 232 of 714

6.6.4 ILLUMINATION LEVEL
The level of lumens required to light an outdoor space effectively varies from fixture to fixture. Although lighting design shouldn’t follow rigid templates, there are general guides to help create an excellent landscape lighting scheme. The table below identifies recommended lumens per lighting fixture:

6.6.5 CONCEALMENTS
Light sources for wall washing and tree lighting shall be hidden.

6.6.6 FIXTURE DESIGN
Lighting fixtures shall complement and be compatible with the overall landscape material palette and design theme, as well as the building’s design and architectural style.

FIXTURE LUMENS
MIN.

LUMENS
MAX.

LUMENS
PATH LIGHTS 100 200
STEP LIGHTS 12 100
FLOOD LIGHTS 700 1300

UNDERWATER
LIGHTS 200 400
HARDSCAPE LIGHTS 50 185

GENERAL
LANDSCAPE LIGHTS 50 300

MOTION SENSOR
LIGHTS 400 700
TABLE 6.5: ILLUMINATION FIXTURE LUMEN LEVEL REQUIREMENTS 172 BRENTWOOD ODS Page 233 of 714

6.6.7 DARK SKY/LIGHT POLLUTION
The goal of creating a “Dark Sky” lighting system is to reduce light pollution from artificial light and promote responsible outdoor lighting that is beautiful, healthy, and functional. The following standards shall be implemented to help achieve this goal in order to preserve the natural night sky:

1. Exposed bulbs shall not be used.

2. Cut-off lighting approach shall be implemented on all downlighting fixtures.

3. Fixtures shall minimize glare while reducing light trespass and skyglow.

4. Blue light emitting fixtures or devices shall be avoided.

5. Minimize brightness of fixtures thus conserving energy and reducing harmful effects on plants and animals.

6. Uplighting shall be limited to specimen trees and accent walls.

LANDSCAPE
CITY OF BRENTWOOD OBJECTIVE DESIGN STANDARDS 173 Page 234 of 714

6.7 SITE FURNISHINGS
INTENT
• To require site furnishings in all multifamily and mixed-use commercial/residential developments to support the needs of residents and visitors.
• To ensure site furnishings adequately serve the population of guests and residents in the developments mentioned above.
• Proper selection of furnishings will help to integrate the development and further advance the sense of place.

Deep seating site furniture, waste receptacles, drinking fountains, tables, chairs, pottery, planters and umbrellas should compose the majority of site furnishings.

6.7.1 LOCATION

1. Site furnishings shall be strategically placed to offer pedestrians the amenity that would best suit the location, i.e., benches under shade trees, tables, chairs and umbrellas in plazas and waste receptacles in plazas and at intersections.

2. When placed in a recreation-centric setting, in multi-family projects with single family homes and a common open space area is provided for entire community, site furnishings shall be clustered to maximize effective use and minimize the negative visual impact within landscape.

3. The use of benches in the public right-of-way shall be limited; groupings of individual chairs for seating options are preferred.

6.7.2 APPEARANCE & MATERIALS

1. These elements shall be of a consistent ‘family’ that incorporates the same forms and materials in its design.

2. All site furnishings shall be constructed of durable materials and designed for minimum maintenance, heavy public use and with local climate conditions in mind.

3. Simple designs, instead of ornate decorations, shall be specified for their timeless appeal and ability to be incorporated within each architectural style district.

4. Local materials and products shall be selected for site furnishings whenever possible, considering the location for the raw materials, the manufacturing location and the use of a local company for installation/sourcing.
174 BRENTWOOD ODS Page 235 of 714

5. When wood is used as a furnishing material, the wood products must comply with the Forest Stewardship Council’s (FSC’s) approved list of products and manufacturers, which regulates environmentally responsible forest management.

6. The site furniture shall combine deep seated chairs, coffee tables, trash receptacles, dining tables and chairs.

6.7.3 PLAN SUBMISSION
Applicant shall submit product cut sheets of each typical piece of furniture for City approval.

6.7.4 POTS

1. Applicant shall implement pottery as site amenities, where an at-grade or raised planting area is not appropriate.

2. Pottery shall be used at building entries to direct flow of pedestrian traffic or provide an elevation and height design aesthetic in relationship to the adjacent architecture.

3. Selection of plant material placed in pottery shall be appropriate for growing and irrigation conditions of the pot(s).

4. Pottery shall be a minimum 36” high and 36” wide and or equal 42” height/width.

5. Pottery design, massing, materiality and color and shall be complementary of development architectural style while maintaining minimum dimensions identified above.

LANDSCAPE
CITY OF BRENTWOOD OBJECTIVE DESIGN STANDARDS 175 Page 236 of 714 CITY COUNCIL AGENDA ITEM NO. E.4
07/28/2026
SUBJECT: Art Commission’s Recommendation to Revise the City Public Art Prioritization List for FY 2026/27
DEPARTMENT: Parks and Recreation
STAFF: E. Harith Aleem, Parks and Recreation Director
Thien Nguyen, Recreation Manager
Lindsay Pinell, Recreation Supervisor

TITLE/RECOMMENDATION
Receive and approve the City of Brentwood’s Public Art Priority List for Fiscal Year 2026/27 as recommended by the Art Commission.

FISCAL IMPACT
There is no fiscal impact associated with this action. As individual public art projects are reviewed and recommended by the Arts Commission, they will be brought forward to the City Council for consideration and any necessary budget approval.

Funding for public art projects is available from the Public Art Acquisition Fund, which is supported by in-lieu fees collected from developers and restricted to the acquisition and construction of public art. The projected fund balance as of June 30, 2026 is $3,318,551 in the Public Art Acquisition Fund and $1,084,775 in the Public Art Administration Fund. Staff recommends developing a process to evaluate the use of these available funds in the near term consistent with applicable Municipal Code and Public Art Program requirements.

BACKGROUND
In September 2003, the City Council approved Ordinance 870, which amended Chapter 2.44 of the Brentwood Municipal Code (which has since been revised and and recodified as Chapter 2.60,” Public Art Program”) and established the public art program. This also created the Public Art Fund, to support administration of the program and the commissioning, acquisition, and installation of public art projects in public spaces.

For public or residential projects subject to the public art requirement, the program allows the option of either (1) adding art as a part of the project, or (2) paying an in-lieu fee to the City. The public art value/fee is based on a percentage of the total project valuation. When public art is provided as a part of the construction of a

CITY COUNCIL AGENDA ITEM NO. E.4
07/28/2026
project, 80% of the applicable value of the project is used to design, plan, and construct the required public art project. If a project does not include the required public art, 125% of the applicable public art value is paid to the City as an in-lieu fee, of which 80% is set aside for future public art projects and 20% is set aside for administrative costs.

Each year, the Arts Commission recommends a Public Art Priority List (” the Public Art Priority List”), identifying locations for future public art opportunities. The Arts Commission has reviewed and updated the 2026 Public Art Priority List and took action to recommend this list at their April 15, 2026, regular Arts Commission Meeting. However, on July 1, 2026, at a Special Meeting, staff brought back the list to the Arts Commission to update the Future Opportunity Sites section as the Fairview Avenue at Sand Creek site is being developed and the Sand Creek Sports Complex, as well as delete the Oak Street at Walnut parcel as that has been approved by City Council as a future space for The Grove. Staff gave 3 recommendations to replace these sites: The Brentwood Family Aquatic Complex, Sunset Sports Complex and the refresh of current artwork at the March Creek Trail underpass.

For this year’s priority list, the Arts Commission removed the “Fields of Time” project from Phase I of Public Art Spaces (CIP Project No. 337-37244). The “Radiant Convergence” project remains the Commission’s top priority, as it has not yet been completed. City staff anticipates installation and completion of the project in 2026.

In addition, the City is currently collaborating with other City departments to clarify portions of the Public Art Guidelines. Staff anticipates presenting the findings at a future Arts Commission meeting and returning to City Council with the Commission’s recommendations for updates to the Public Art Guidelines.

The third priority on the list was the PADA utility box painting project, which included painting six utility boxes throughout the community. Staff is pleased to report that the project has been completed. Following completion of the six PADA utility boxes, staff released a Call for Artists to paint and refresh additional utility boxes throughout the City that have either not yet been painted or are in need of repair or updating.

Staff is currently reviewing submissions and will present the proposed designs to the Arts Commission at its August 19, 2026, meeting.

The proposed FY 2026/27 Public Art Priority List is outlined below. This is a working list of projects, and while staff does not expect to complete all of them within the year, it serves as a guide for prioritizing efforts. Each project involves a process that requires time and coordination.

CITY COUNCIL AGENDA ITEM NO. E.4
07/28/2026

1. Phase I – Public Art Spaces (In Progress)
 Radiant Convergence – Sand Creek Median
o Currently reviewing structural and site plans
o Anticipated installation by end of 2026.

2. Public Art Program Updates (In Progress)
 Update Public Art Guidelines
 Evaluate the Brentwood Municipal Code related to public art and recommend revisions as needed.

3. Utility Box Art Program (completed May 15, 2026)
Fall/Winter2026-27 Projects:
• Brentwood Blvd (4)
• Balfour Rd (5)
• Central Blvd (1)
• Fairview Ave (4)
• Empire Ave (1)
• Grant St (2)
• Sunset Rd (1)
• Jeffery Way (1)
• Shady Willow Ln (4)
• Heidorn Ranch Rd (2)
• American Ave (1)

4. City of Brentwood Permanent Art Collection
 Community Center
 City Hall
 Senior Activity Center
 Police Department

5. Phase II – Public Art Spaces
 Diversity Project — Walnut median (Armstrong to Carnegie Lane, look at adjacent corners for possible utilization)
 Balfour Road Bypass Median — Hwy 4 westbound exit to Summerset Drive.

6. Phase III – Public Art Spaces
 Marsh Creek & Vineyard Parkway (TBD)
 Brentwood Blvd entry toward Oakley.

7. Future Opportunity Sites (Projects Not Yet Defined)
 Library courtyard
 Dainty Ave & Central Blvd creek area
 Brentwood Family Aquatic Center
 Sunset Sports Complex
 Marsh Creek Trail Underpass (current artwork needs to be refreshed)

CITY COUNCIL AGENDA ITEM NO. E.4
07/28/2026
It is recommended that the City Council approve the Art Commission’s recommended FY 2026/27 Public Art Priority List. Upon approval, the Art Commission will bring forward future recommendations for specific projects and associated budgets for City Council consideration.

CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 5: Parks and Recreation Services: Goal 3. Enhance cultural and performing arts opportunities in Brentwood.

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

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

1. Modify staff’s recommendation. This could possibly include re-prioritizing projects on the priority list, and/or removing items from the list.

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

ATTACHMENT(S)

1. Previous Action

2. Art Commission’s Recommended Public Art Priority List for 2026/27

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

On April 12, 2016, the City Council approved the City public art location prioritization.

On February 28, 2017, by Resolution No. 2017-24, City Council approved two viable locations for the Citywide Gateway Monuments “4-Corners” Project.

On October 24, 2017, the City Council approved the City public art location prioritization. On April 23, 2019, by Resolution No. 2019-54, City Council approved two viable locations, artists and designs for the Public Art Spaces project.

On May 14, 2019, the City Council approved the City public art location prioritization.

On November 16, 2021, the City Council approved the City public art location prioritization.

On September 12, 2023, the City Council approved the City Public Art Priority List for 2023.

On June 11, 2024, the City Council approved the City of Brentwood Public Art Priority List for 2024, as recommended by the Arts Commission.

On August 12, 2025, the City Council approved the City of Brentwood Public Art Priority List for FY 2025/26 as recommended by the Arts Commission.

July 2, 2026
2026–27 Public Art Priority List
Pending adoption by the Brentwood City Council

1. Phase I – Public Art Spaces (In Progress)
 Radiant Convergence – Sand Creek Median
o Structural and site plans currently under review
o Anticipated installation by the end of 2026.

2. Public Art Program Updates (In Progress)
 Update Public Art Guidelines
 Evaluate the Brentwood Municipal Code related to public art and recommend revisions as needed.

3. Utility Box Art Program (Completed May 15, 2026) Remove from list a. PADA 2026 Projects:
• Brentwood Blvd & 2nd St — Farmer’s Market
• Brentwood Blvd & Oak St — Pomegranate Tree
• Walnut Blvd & Oak St — Blooming Day
• 2nd St & Pine St — Blooming Night
• 2nd St & Pine St — Culture
• Brentwood Blvd & Sycamore Ave — Mount Diablo
b. Fall/Winter 2026-27 Projects
• Brentwood Blvd (4)
• Balfour Rd (5)
• Central Blvd (1)
• Fairview Ave (4)
• Empire Ave (1)
• Grant St (2)
• Sunset Rd (1)
• Jeffery Way (1)
• Shady Willow Ln (4)
• Heidorn Ranch Rd (2)
• American Ave (1)

4. City of Brentwood Permanent Art Collection
 Community Center
 City Hall
 Senior Activity Center
 Police Department

July 2, 2026

5. Phase II – Public Art Spaces
 Diversity Project — Walnut median (Armstrong to Carnegie Lane, add adjacent corners for consideration)
 Balfour Road Bypass Median — Hwy 4 westbound exit to Summerset Drive.

6. Phase III – Public Art Spaces
 Marsh Creek & Vineyard Parkway (TBD)
 Brentwood Blvd entry toward Oakley.

7. Future Opportunity Sites (Projects Not Yet Defined)
 Library courtyard
 Dainty Ave & Central Blvd creek area
 Brentwood Family Aquatic Complex
 Sunset Sports Complex
 Marsh Creek Trail Underpass (refresh the existing artwork)

CITY COUNCIL AGENDA ITEM NO. E.5
07/28/2026
SUBJECT: School Resource Officer Program Agreements with Liberty Union High School District and Brentwood Union School District DEPARTMENT: Police
STAFF: Walter O’Grodnick, Chief of Police
Michael Thompson, Police Lieutenant

TITLE/RECOMMENDATION
Adopt a Resolution approving a five-year agreement with the Liberty Union High School District and a five-year agreement with the Brentwood Union School District for School Resource Officer Programs and authorizing the City Manager or designee to negotiate and execute the agreements in forms approved by the City Attorney.

FISCAL IMPACT
If approved, two (2) School Resource Officers (SROs) will be provided to Liberty Union High School District (LUHSD). For Fiscal Year (FY) 2026/2027 and each subsequent year of the five-year agreement, LUHSD will pay the City the actual cost of salary and special assignment pay of one (1) SRO. For the purposes of this agreement, the costs paid by the LUHSD do not include benefits, administrative and overhead costs or in-kind services. The FY 2026/27 cost of salary and special assignment pay for one SRO is estimated to be $152,633.35.

If approved, one (1) SRO will be provided to Brentwood Union School District (BUSD).

For Fiscal Year 2026/2027 and each subsequent year of the five-year agreement, BUSD will pay the City the actual cost of salary and special assignment pay of onehalf (1/2) of an SRO. For the purposes of this agreement, the costs paid by the District do not include benefits, administrative and overhead costs or in-kind services.

The FY 2026/27 cost of one-half (1/2) of an SRO’s salary and special assignment pay is estimated to be $76,316.68.

Under the proposed cost-sharing arrangements, LUHSD will pay the City the actual salary and special assignment pay of one SRO, and BUSD will pay the City the actual salary and special assignment pay attributable to one-half of one SRO. The City will fund the remaining salary and special assignment pay for one SRO assigned to LUHSD and one-half of one SRO assigned to BUSD, together with all benefits, administrative

CITY COUNCIL AGENDA ITEM NO. E.5
07/28/2026
and overhead costs, and in-kind services associated with the Programs. Future-year amounts will vary based on actual personnel costs and remain subject to the City Council’s appropriation of sufficient funds through the annual budget process.

The 2026/27 - 2027/28 General Fund Operating Budget includes the revenue and expenditure amounts associated with the proposed agreements. The revenue and expenditures associated with the remaining additional fiscal years will be incorporated into future budgets for City Council consideration. Each agreement is expressly conditioned on the City and the applicable school district appropriating sufficient funds. The Term section of both agreements includes a provision that continues that agreement as long as LUHSD/BUSD and the City appropriate sufficient funds for the agreement.

BACKGROUND
Since 2006, the City, LUHSD, and BUSD have funded Police School Resource Officer Programs (“Programs”) whereby the City has provided peace officers to facilities of the Districts. The Programs enhance campus safety and foster a positive rapport between police, school administrators, faculty, students, and parents.

Under the proposed LUHSD agreement, the City will assign two SROs to LUHSD.

LUHSD will pay the actual salary and special assignment pay of one SRO, and the City will fund the salary and special assignment pay of the second SRO.

Under the proposed BUSD agreement, the City will assign one SRO to BUSD. BUSD will pay the actual salary and special assignment pay attributable to one-half of the SRO position, and the City will fund the remaining one-half. The school districts’ payments do not include benefits, administrative or overhead costs, or in-kind services.

The proposed cost-sharing arrangements are consistent with the parties’ prior agreements. The sample agreements attached to this staff report illustrate the anticipated agreement structure and principal program terms. The final agreements will remain consistent with the staffing allocations, cost-sharing arrangements, fiveyear maximum term, and budget authority approved by the City Council and must be approved as to form by the City Attorney. The final agreements may include revisions negotiated by the parties, including revisions to indemnification, insurance, termination, dispute resolution, and other legal or risk-allocation provisions.

CITY COUNCIL AGENDA ITEM NO. E.5
07/28/2026
The Police Department, Liberty Union High School District and Brentwood Union School District wish to continue the School Resource Officer Program as it provides a valuable service to our community.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
The proposed action is not a project subject to the California Environmental Quality Act because it concerns governmental administrative and personnel activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment. (CEQA Guidelines, § 15378(b)(2), (5).)

ALTERNATIVE OPTION(S)
If not approved, we request that the item be continued with direction for staff to return with additional information.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Sample Agreement with Liberty Union High School District for School Resource Officer Program, 2026-2031

4. Sample Agreement with Brentwood Union School District Agreement for School Resource Officer Program, 2026-2031

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

On July 25, 2006, the City Council adopted Resolution No. 2006-172, approving and authorizing the City Manager to sign agreements with both the Liberty Union High School District (LUHSD) and the Brentwood Union School District (BUSD) (collectively, the “Districts”) for the School Resource Officer Program.

On August 26, 2008, the City Council adopted Resolution No. 2008-215/216, approving and authorizing the City Manager to enter into individual agreements with each of the two school districts to continue providing a School Resource Officer Program. The agreement with LUHSD was for two officers, and the agreement with BUSD was for the provision of one School Resource Officer.

On November 12, 2013, the City Council adopted Resolution No. 2013-155/156, amending the School Resource Officer Program agreements with both LUHSD and BUSD authorizing the City Manager and both school district Superintendents to execute written amendments to the agreements to account for temporary staffing reallocations and the costs thereof.

On January 13, 2015 the City Council adopted Resolution No. 2015-11, approving and authorizing the City Manager to sign new agreements with the Liberty Union High School District and the Brentwood Union School District for School Resource Officer Programs which returned the staffing levels back to normal pre-2013 levels with two School Resource Officers assigned to Liberty Union High School District and one School Resource Officer assigned to Brentwood Union School District.

On February 11, 2020, the City Council adopted Resolution No. 2020-18, approving and authorizing the City Manager to sign new agreements with the Liberty Union High School District and the Brentwood Union School District to continue providing a School Resource Officer Program. The agreement with LUHSD was for two School Resource Officers and the agreement with BUSD was for one School Resource Officer.

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING A FIVE-YEAR AGREEMENT WITH THE
LIBERTY UNION HIGH SCHOOL DISTRICT (LUHSD) AND A FIVEYEAR AGREEMENT WITH THE BRENTWOOD UNION SCHOOL

DISTRICT (BUSD) FOR SCHOOL RESOURCE OFFICER PROGRAMS

AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND

EXECUTE THE AGREEMENTS
WHEREAS, since 2006, the City, LUHSD, and BUSD have funded School Resource Officer Programs (“Programs”) whereby the City has provided peace officers to serve at school district facilities; and
WHEREAS, in the past, the Programs have involved sharing the cost of school resource officers; and
WHEREAS, the Programs enhance campus safety and foster a positive rapport between police, school administrators, faculty, students, and parents; and WHEREAS, given the Programs’ success, the parties desire to continue them; and
WHEREAS, under the proposed agreements, two School Resource Officers will be assigned to LUHSD and one School Resource Officer will be assigned to BUSD; and
WHEREAS, LUHSD will pay the City the actual salary and special assignment pay of one School Resource Officer, and the City will fund the remaining costs associated with the two School Resource Officers assigned to LUHSD; and WHEREAS, BUSD will pay the City the actual salary and special assignment pay attributable to one-half of one School Resource Officer, and the City will fund the remaining costs associated with the School Resource Officer assigned to BUSD; and WHEREAS, each agreement is conditioned on the City and the applicable school district appropriating sufficient funds.

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

1. Approves a five-year agreement for a School Resource Officer Program with the Liberty Union High School District under which the City will assign two School Resource Officers, LUHSD will pay the actual salary and special assignment pay of one School Resource Officer, and the City will fund the remaining Program costs, subject to the City Council’s appropriation of

sufficient funds, and authorizes the City Manager to negotiate and execute the agreement in a form approved by the City Attorney; and

2. Approves a five-year agreement for a School Resource Officer Program with the Brentwood Union School District under which the City will assign one School Resource Officer, BUSD will pay the actual salary and special assignment pay attributable to one-half of one School Resource Officer, and the City will fund the remaining Program costs, subject to the City Council’s appropriation of sufficient funds, and authorizes the City Manager to negotiate and execute the agreement in a form approved by the City Attorney.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 28th day of July 2026 by the following vote:

CA/Agmts/2026/005.1.docx

AGREEMENT BETWEEN THE CITY OF BRENTWOOD AND

THE LIBERTY UNION HIGH SCHOOL DISTRICT FOR A

SCHOOL RESOURCE OFFICER PROGRAM
THIS AGREEMENT (“Agreement”) is made and entered into this ___ day of ______________, 2026, by and between the City of Brentwood, a California municipal corporation (“City”), and the Liberty Union High School District, a California public school district, (“District”) (each a “Party” and collectively, “Parties”).

RECITALS
A. For a number of years, the Parties have funded a school resource officer program at District facilities whereby the City has provided peace officers (“School Resource Officers” or “SROs”) to District facilities (the “Program”).

B. The Program enhances campus safety and fosters a positive rapport between police, school administrators, faculty, students, and parents.

C. The Parties desire to continue the Program under this Agreement and share certain costs associated with the Program.

AGREEMENT
NOW, THEREFORE, the Parties agree as follows:

1. Term. This Agreement shall be effective as of July 1, 2026 and shall continue until June 30, 2031, unless earlier terminated pursuant to this Agreement. Each Party’s obligations under this Agreement are contingent on the governing body of that Party appropriating sufficient funds. If either Party does not appropriate sufficient funds, that Party shall notify the other Party as soon as reasonably practicable, and either Party may terminate this Agreement pursuant to Section 18.

2. Responsibilities of the City. Along with the terms and conditions of this Agreement, the City agrees to perform the responsibilities set forth in the attached Exhibit A, which is incorporated by this reference into this Agreement.

3. Responsibilities of the District. Along with the terms and conditions of this Agreement, the District agrees perform the responsibilities set forth in the attached Exhibit B, which is incorporated by this reference.

4. Supplemental Services. The District may request that the City provide additional law enforcement services for evening or weekend events that include, but are not limited to, Parent Teacher Association meetings, Back-to-School Nights, Open Houses, athletic or performance events, dances, proms, or other District-sponsored events (“Supplemental Services”). City shall use its best efforts to provide the requested Supplemental Services, subject to personnel availability and the City’s law enforcement and operational needs. The District shall compensate the City for the actual costs associated with such Supplemental Services.

2 CA/Agmts/2026/005.1.docx

5. Compensation. The salary and special assignment pay of one (1) School Resource Officer shall be funded by the District pursuant to this Section 5 and Exhibit “B.” Payment shall be made by District in four (4) equal quarterly payments due on or before October 1, January 1, April 1 and July 1. The City shall provide the District with an annual estimate of the amount payable before the first quarterly payment is due. Within 90 days after the end of each fiscal year, the City shall reconcile the estimated payments against the actual salary and special assignment pay incurred for the SRO. The District shall pay any balance due within 30 calendar days after receiving an invoice, and the City shall credit or refund any overpayment within 30 calendar days after completing the reconciliation. District shall compensate City for any Supplemental Services provided pursuant to Paragraph 4 above at the rate set in the City’s Cost Allocation Plan for Step E Police Officer – Special Assignment. Payment for Supplemental Services shall be made by the District within thirty (30) calendar days after receipt of invoice from City. The salaries and special assignment pay of the second School Resource Officer will be funded by the City.

6. Selection and Supervision. The authority for the selection, assignment, supervision, duties, and permanent or temporary reassignment of each SRO will remain solely with the City of Brentwood’s Chief of Police. Nothing in this Agreement limits the authority of the Chief of Police to deploy or reassign City personnel based on emergencies, staffing needs, law enforcement priorities, or other operational requirements.

A. Duties. As an employee with the City of Brentwood, the SRO shall follow the chain of command, reporting first to their assigned supervisor as directed by the Chief of Police. The responsibility for completion of SRO performance evaluations will remain with the Brentwood Police Department, and Police Department staff will seek feedback from the involved school Principals. The Chief of Police will determine SRO duties as they relate to procedures and workload.

B. Communication. In the performance of their duties, the SRO shall coordinate and communicate with the school Principal and/or the Principal’s designee of the schools to which the SRO is assigned.

C. Employment Status. Each SRO shall remain solely an employee of the City. The District shall not direct or control the manner in which an SRO performs law enforcement duties and shall have no authority to hire, discipline, evaluate, reassign, or terminate an SRO.

Nothing in this Agreement creates an employment, agency, partnership, joint venture, or jointemployer relationship between the Parties or between the District and any SRO.

D. Student Discipline. SROs shall not serve as substitutes for District personnel responsible for routine student discipline. Nothing in this Agreement limits an SRO’s authority to take appropriate law enforcement action or respond to conduct presenting an actual or potential threat to safety.

7. Insurance. Each Party shall, at its own expense, procure and maintain in full force at all times during the term of this Agreement the following insurance or equivalent self-insurance or risk-pool coverage:

A. Commercial General Liability Coverage. Commercial general liability coverage with limits of no less than One Million Dollars ($1,000,000) combined single limit per

3 CA/Agmts/2026/005.1.docx
occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, personal injury, and property damage.

B. Automobile Liability Coverage. Automobile liability coverage covering all vehicles used in the performance of this Agreement providing a One Million Dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.

C. Compliance with State Workers' Compensation Requirements. Each Party will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq. and shall, at all times, upon demand of the other Party’s authorized representative or their designee, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code.

D. Other Insurance Provisions. The commercial general liability and automobile policies are to contain, or be endorsed to contain the following provisions:
(1) City/District (as applicable), its officers, agents, employees, and volunteers are to be covered as additional insureds as respects: Liability arising out of activities performed by or on behalf of City/District (as applicable) pursuant to the terms of this Agreement. The coverage shall contain no special limitations on the scope or protection afforded to City/District (as applicable), its officers, officials, employees, or volunteers.
(2) City/District’s (as applicable) insurance coverage shall be primary insurance with respect to City/District (as applicable), its officers, officials, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by City/District (as applicable), its officers, officials, employees, or volunteers shall be in excess of City/District’s (as applicable) insurance and shall not contribute with it. (3) Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the City/District (as applicable), its officers, officials, employees, or volunteers.
(4) The aforementioned policies shall be issued by an insurance carrier having a rating of A.M. Best A-7 or better which is satisfactory to the other Party and shall be delivered to at the time of the execution of this Agreement or as provided below. In lieu of actual delivery of such policies, a Certificate and endorsements issued by the insurance carrier showing such policy to be in force for the period covered by the Agreement may be delivered to the particular Party. Such policies and certificates shall provide for thirty (30) days notice of cancellation to the other Party. Said policies shall not be canceled earlier than, nor the amount of coverage reduced earlier than, thirty (30) days after the other Party receives notices from the insured of the intent of cancellation or reduction.

E. Self Insurance. The Parties may satisfy its insurance obligations stated above by providing satisfactory evidence that it is self-insured and has sufficient financial resources to meet the insurance obligations stated herein.

8. Mutual Indemnification. District will defend, indemnify and hold harmless City and its officers, agents, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the Services, caused in whole or in part by the willful misconduct or any negligent act or omission of the District, any

4 CA/Agmts/2026/005.1.docx
subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of City.

City will defend, indemnify and hold harmless District and its officers, agents, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the Services, caused in whole or in part by the willful misconduct or any negligent act or omission of the City, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of District.

9. Dispute Resolution. Should any dispute arise out of this Agreement, the Parties may meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. The costs of the mediator, if any, shall be paid for by each Party on an equal basis. If a mediated settlement is reached, no Party shall be the prevailing party for the purposes of the resolution of the dispute. No Party shall be permitted to file legal action without first meeting in mediation and maintaining a good faith attempt to reach a mediation resolution.

Each Party will bear its own attorney’s fees, if any.

10. Third Party Beneficiary. This Agreement including, but not limited to, indemnification provisions, is for the benefit of the Parties only and does not create, nor is it intended to create, any benefit or liability to third parties.

11. Notices. All notices, statements, demands, requests, consents, approvals, authorizations, appointments or designations hereunder by either Party to the other will be in writing and will be deemed given and served upon the Party if delivered personally or three (3) days after depositing in the United States mail, postage prepaid, addressed as follows:

To City: Brentwood Police Department
Attn: Chief of Police
9100 Brentwood Blvd.

Brentwood, CA 94513
To District: Liberty Union High School District
Attn: Office of the Superintendent
20 Oak Street
Brentwood, CA 94513

12. Assignment. City shall not assign this Agreement, or any interest therein, without the prior written consent of District. Any such assignment without District’s consent shall be void and shall, at the option of District, terminate this Agreement.

13. Non-Waiver. The failure of any Party to insist upon the strict performance of any of the terms, conditions or covenants in this Agreement shall not be deemed a waiver of any right or remedy that any Party may have and shall not be deemed a waiver of any right or remedy for a subsequent breach or default of the terms, conditions or covenants herein contained.

14. Authority. The individuals executing this Agreement and the instruments referenced it in on behalf of the Parties each warrant and represent to the other that they have the full legal power, right and actual authority to enter into this Agreement.

5 CA/Agmts/2026/005.1.docx

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

16. Amendments. Any modifications or extensions to this Agreement must be in the form of a written amendment signed by both Parties. The District Superintendent and the City Manager or their designees are authorized to execute written amendments to this Agreement to account for temporary staffing reallocations and the costs thereof.

17. Equal Employment Opportunity. In connection with the performance of this Agreement, neither City nor District shall discriminate against any employee or applicant for employment because of race, color, national origin, ancestry, ethnicity, religion, gender, sexual orientation, age, disability, marital status, or any other protected class, of such person .

18. Termination. City or District may terminate this Agreement for any reason upon ten (10) days written notice to the other Party. City or District may terminate the Agreement upon five (5) days written notice if District or City breaches this Agreement. Upon expiration or termination, the District shall pay the City all amounts accrued through the effective date of termination, including the District’s proportionate share of actual salary and special assignment pay and the cost of all Supplemental Services provided. The City shall provide a final reconciliation, and the Parties shall pay or refund any resulting balance within 30 calendar days.

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

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

21. Signatures.

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

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

6 CA/Agmts/2026/005.1.docx
IN WITNESS WHEREOF, the Parties have executed this Agreement through their duly authorized representatives the day and year first written above.

Liberty Union High School District:

By:

Denise Rugani, Superintendent
City of Brentwood:

By:

Terrance Davis, Acting City Manager
ATTEST:

By:

Amanda McVey, City Clerk
APPROVED AS TO FORM:

By:

Thomas Lloyd Smith, City Attorney

CA/Agmts/2026/005.1.docx
Exhibit A
Responsibilities of the City
A. Assign two SROs to the Liberty Union High School District to perform law enforcement services under the supervision and direction of the City’s Chief of Police. The time allocations of the SROs will be modified on a day-to-day basis based on emergency situations, sick leave, court appearances, required training days and such other special requirements of the City. The temporary absence or reassignment of an SRO for these reasons shall not constitute a breach of this Agreement.

B. Make available to each SRO appropriate equipment and training as would normally be afforded a peace officer working for the City.

C. The SRO will be the Police Department liaison to the District and will collaborate with school administrators, faculty, students and parents to identify problems, unite strategies, resolve issues, and take law enforcement action as necessary.

D. The City shall retain exclusive authority over each SRO’s law enforcement decisions, records, reports, access to criminal justice information, and compliance with applicable law and Police Department policies.

CA/Agmts/2026/005.1.docx
Exhibit B
Responsibilities of the District
A. For Fiscal Year 2026/2027 and each Fiscal Year thereafter, District will pay the City the actual cost of salary and special assignment pay of one (1) SRO. For the purposes of this Agreement, the costs paid by District do not include benefits, administrative and overhead costs or in-kind services. For information purposes only, the actual cost of salary and special assignment pay for one (1) SRO is estimated to be $152,633.35. This amount is an estimate only and does not limit the District’s obligation to pay the actual costs specified in this Agreement.

B. District personnel shall cooperate with the SROs and the City to facilitate the performance of law enforcement services pursuant to this Agreement and City’s general law enforcement duties.

C. District will provide the SROs with offices, furniture, computer and telephones.

D. The District shall designate an administrator to serve as the principal point of contact for the Program.

CA/Agmts/2014/043.3.docx

AGREEMENT BETWEEN THE CITY OF BRENTWOOD AND

THE BRENTWOOD UNION SCHOOL DISTRICT FOR A

SCHOOL RESOURCE OFFICER PROGRAM
THIS AGREEMENT (“Agreement”) is made and entered into this ___ day of ______________, 2026, by and between the City of Brentwood, a California municipal corporation (“City”), and the Brentwood Union School District, a California public school district, (“District”) (each a “Party” and collectively, the “Parties”).

RECITALS
A. For a number of years, the Parties have funded a school resource officer program at District facilities whereby the City has provided peace officers (“School Resource Officers” or “SROs”) to District facilities (the “Program”).

B. The Program enhances campus safety and fosters a positive rapport between police, school administrators, faculty, students, and parents.

C. The Parties desire to continue the Program under this Agreement and will share the cost of one (1) SRO and share certain costs associated with the Program.

AGREEMENT
NOW, THEREFORE, the Parties agree as follows:

1. Term. This Agreement shall be effective as of July 1, 2026 and shall continue through June 30, 2031, unless earlier terminated pursuant to this Agreement. Each Party’s obligations under this Agreement are contingent on the governing body of that Party appropriating sufficient funds. If either Party does not appropriate sufficient funds, that Party shall notify the other Party as soon as reasonably practicable, and either Party may terminate this Agreement pursuant to Section 18.

2. Responsibilities of the City. Along with the terms and conditions of this Agreement, the City agrees to perform the responsibilities set forth in the attached Exhibit A, which is incorporated by this reference into this Agreement.

3. Responsibilities of the District. Along with the terms and conditions of this Agreement, the District agrees to be responsible for and complete those items set forth in the attached Exhibit B, which is incorporated by this reference.

4. Supplemental Services. The District may request that the City provide additional law enforcement services for evening or weekend events that include, but are not limited to, Parent Teacher Association meetings, Back-to-School Nights, Open House, athletic or performance events, dances, proms, or other District-sponsored events (“Supplemental Services”). City shall use its best efforts to provide the requested Supplemental Services, subject to personnel availability and the City’s law enforcement and operational needs. The District shall compensate the City for the actual costs associated with such Supplemental Services.

5. Compensation. The salary and special assignment pay of one-half (1/2) of a School Resource Officer shall be funded by the District pursuant to this Section 5 and Exhibit “B.”

2 CA/Agmts/2014/043.3.docx
Payment shall be made by District in four (4) equal quarterly payments due on or before October 1, January 1, April 1 and July 1. The City shall provide the District with an annual estimate of the amount payable before the first quarterly payment is due. Within 90 days after the end of each fiscal year, the City shall reconcile the estimated payments against the actual salary and special assignment pay incurred for the SRO. The District shall pay any balance due within 30 calendar days after receiving an invoice, and the City shall credit or refund any overpayment within 30 calendar days after completing the reconciliation. District shall compensate City for any Supplemental Services provided pursuant to Paragraph 4 above at the rate set in the City’s Cost Allocation Plan for Step E Police Officer - Specialized Assignment. Payment for Supplemental Services shall be made by the District within thirty (30) calendar days after receipt of invoice from City. The other one-half (1/2) of salary and special assignment pay of the School Resource Officer will be funded by the City.

6. Selection and Supervision. The authority for the selection, assignment, supervision, duties, and permanent or temporary reassignment of each SRO will remain solely with the City of Brentwood’s Chief of Police. Nothing in this Agreement limits the authority of the Chief of Police to deploy or reassign City personnel based on emergencies, staffing needs, law enforcement priorities, or other operational requirements.

A. Duties. As an employee with the City of Brentwood, the SRO shall follow the chain of command, reporting first to their assigned supervisor as directed by the Chief of Police. The responsibility for completion of SRO performance evaluations will remain with the Brentwood Police Department, and Police Department staff will seek feedback from the involved school Principals. The Chief of Police will determine SRO duties as they relate to procedures and workload.

B. Communication. In the performance of their duties, the SRO shall coordinate and communicate with the school Principal and/or the Principal’s designee of the schools to which the SRO is assigned.

C. Employment Status. Each SRO shall remain solely an employee of the City. The District shall not direct or control the manner in which an SRO performs law enforcement duties and shall have no authority to hire, discipline, evaluate, reassign, or terminate an SRO.

Nothing in this Agreement creates an employment, agency, partnership, joint venture, or jointemployer relationship between the Parties or between the District and any SRO.

D. Student Discipline. SROs shall not serve as substitutes for District personnel responsible for routine student discipline. Nothing in this Agreement limits an SRO’s authority to take appropriate law enforcement action or respond to conduct presenting an actual or potential threat to safety.

7. Insurance. Each Party shall, at its own expense, procure and maintain in full force at all times during the term of this Agreement the following insurance or equivalent selfinsurance or risk-pool coverage:

A. Commercial General Liability Coverage. Commercial general liability coverage with limits of no less than One Million Dollars ($1,000,000) combined single limit per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, personal injury, and property damage.

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B. Automobile Liability Coverage. Automobile liability coverage covering all vehicles used in the performance of this Agreement providing a One Million Dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.

C. Compliance with State Workers' Compensation Requirements. Each Party will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq. and shall, at all times, upon demand of the other Party’s authorized representative or their designee, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code.

D. Other Insurance Provisions. The commercial general liability and automobile policies are to contain, or be endorsed to contain the following provisions:
(1) City/District (as applicable), its officers, agents, employees, and volunteers are to be covered as additional insureds as respects: Liability arising out of activities performed by or on behalf of City/District (as applicable) pursuant to the terms of this Agreement. The coverage shall contain no special limitations on the scope or protection afforded to City/District (as applicable), its officers, officials, employees, or volunteers.
(2) City/District’s (as applicable) insurance coverage shall be primary insurance with respect to City/District (as applicable), its officers, officials, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by City/District (as applicable), its officers, officials, employees, or volunteers shall be in excess of City/District’s (as applicable) insurance and shall not contribute with it. (3) Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the City/District (as applicable), its officers, officials, employees, or volunteers.
(4) The aforementioned policies shall be issued by an insurance carrier having a rating of A.M. Best A-7 or better which is satisfactory to the other Party and shall be delivered to at the time of the execution of this Agreement or as provided below. In lieu of actual delivery of such policies, a Certificate and endorsements issued by the insurance carrier showing such policy to be in force for the period covered by the Agreement may be delivered to the particular Party. Such policies and certificates shall provide for thirty (30) days notice of cancellation to the other Party. Said policies shall not be canceled earlier than, nor the amount of coverage reduced earlier than, thirty (30) days after the other Party receives notices from the insured of the intent of cancellation or reduction.

E. Self Insurance. The Parties may satisfy its insurance obligations stated above by providing satisfactory evidence that it is self-insured and has sufficient financial resources to meet the insurance obligations stated herein.

8. Mutual Indemnification. District will defend, indemnify and hold harmless City and its officers, agents, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the Services, caused in whole or in part by the willful misconduct or any negligent act or omission of the District, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of City.

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City will defend, indemnify and hold harmless District and its officers, agents, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the Services, caused in whole or in part by the willful misconduct or any negligent act or omission of the City, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of District.

9. Dispute Resolution. Should any dispute arise out of this Agreement, the Parties may meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. The costs of the mediator, if any, shall be paid for by each Party on an equal basis. If a mediated settlement is reached, no Party shall be the prevailing party for the purposes of the resolution of the dispute. No Party shall be permitted to file legal action without first meeting in mediation and maintaining a good faith attempt to reach a mediation resolution.

Each Party will bear its own attorney’s fees, if any.

10. Third Party Beneficiary. This Agreement including, but not limited to, indemnification provisions, is for the benefit of the Parties only and does not create, nor is it intended to create, any benefit or liability to third parties.

11. Notices. All notices, statements, demands, requests, consents, approvals, authorizations, appointments or designations hereunder by either Party to the other will be in writing and will be deemed given and served upon the Party if delivered personally or three (3) days after depositing in the United States mail, postage prepaid, addressed as follows:

To City: Brentwood Police Department
Attn: Chief of Police
9100 Brentwood Blvd.

Brentwood, CA 94513
To District: Brentwood Union School District
Attn: Superintendent of Schools
255 Guthrie Lane
Brentwood, CA 94513

12. Assignment. City shall not assign this Agreement, or any interest therein, without the prior written consent of District. Any such assignment without District’s consent shall be void and shall, at the option of District, terminate this Agreement.

13. Non-Waiver. The failure of any Party to insist upon the strict performance of any of the terms, conditions or covenants in this Agreement shall not be deemed a waiver of any right or remedy that any Party may have and shall not be deemed a waiver of any right or remedy for a subsequent breach or default of the terms, conditions or covenants herein contained.

14. Authority. The individuals executing this Agreement and the instruments referenced it in on behalf of the Parties each warrant and represent to the other that they have the full legal power, right and actual authority to enter into this Agreement.

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

5 CA/Agmts/2014/043.3.docx

16. Amendments. Any modifications or extensions to this Agreement must be in the form of a written amendment signed by both Parties. The District Superintendent and the City Manager or their designees are authorized to execute written amendments to this Agreement to account for temporary staffing reallocations and the costs thereof.

17. Equal Employment Opportunity. In connection with the performance of this Agreement, neither City nor District shall discriminate against any employee or applicant for employment because of race, color, national origin, ancestry, ethnicity, religion, gender, sexual orientation, age, disability, martial status, or any other protected class, of such person.

18. Termination. City or District may terminate this Agreement for any reason upon ten (10) days written notice to the other Party. City or District may terminate the Agreement upon five (5) days written notice if District or City breaches this Agreement. Upon expiration or termination, the District shall pay the City all amounts accrued through the effective date of termination, including the District’s proportionate share of actual salary and special assignment pay and the cost of all Supplemental Services provided. The City shall provide a final reconciliation, and the Parties shall pay or refund any resulting balance within 30 calendar days.

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

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

21. Signatures.

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

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

6 CA/Agmts/2014/043.3.docx
IN WITNESS WHEREOF, the Parties have executed this Agreement through their duly authorized representatives the day and year first written above.

Brentwood Union School District:

By:

Dana Eaton, Superintendent
City of Brentwood:

By:

Terrance Davis, Acting City Manager
ATTEST:

By:

Amanda McVey, City Clerk
APPROVED AS TO FORM:

By:

Thomas Lloyd Smith, City Attorney

CA/Agmts/2026/005.docx
Exhibit A
Responsibilities of the City
A. Assign one (1) SRO to the Brentwood Union School District to perform law enforcement services under the supervision and direction of the City’s Chief of Police. The time allocations of the SRO will be modified on a day-to-day basis based on emergency situations, sick leave, court appearances, required training days and such other special requirements of the City. The temporary absence or reassignment of an SRO for these reasons shall not constitute a breach of this Agreement.

B. Make available to the SRO appropriate equipment and training as would normally be afforded a peace officer working for the City.

C. The SRO will be the Police Department liaison to the District and will collaborate with school administrators, faculty, students and parents to identify problems, unite strategies, resolve issues, and take law enforcement action as necessary.

D. The City shall retain exclusive authority over each SRO’s law enforcement decisions, records, reports, access to criminal justice information, and compliance with applicable law and Police Department policies.

CA/Agmts/2014/043.3.docx
Exhibit B
Responsibilities of the District
A. For Fiscal Year 2026/27 and each Fiscal Year thereafter, District will pay the City the actual cost of salary and special assignment pay of one-half (1/2) of an SRO. For the purposes of this Agreement, the costs paid by District do not include benefits, administrative and overhead costs or in-kind services. For information purposes only, the actual cost of one-half (1/2) of an SRO’s salary and special assignment pay is estimated to be $76,316.68. This amount is an estimate only and does not limit the District’s obligation to pay the actual costs specified in this Agreement.

B. District personnel shall cooperate with the SRO and the City to facilitate the performance of law enforcement services pursuant to this Agreement and City’s general law enforcement duties.

C. District will provide the SRO with an office, furniture, computer and telephone.

D. The District shall designate an administrator to serve as the principal point of contact for the Program.

CITY COUNCIL AGENDA ITEM NO. E.6
07/28/2026
SUBJECT: Consideration of the Reappointment of a Commissioner and Recruitment for an Alternate Commissioner to the Contra Costa County Library Commission
DEPARTMENT: City Manager’s Office
STAFF: Terrance Davis, Acting City Manager
Amanda McVey, City Clerk

TITLE/RECOMMENDATION
That the City Council consider adopting a resolution 1) confirming the Mayor's reappointment of Linda Sending to the Contra Costa County Library Commission for a one-year term commencing July 1, 2026, and 2) directing staff to open a recruitment to fill the vacant Alternate Commissioner position on the Contra Costa County Library Commission.

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

BACKGROUND
The City appoints residents to serve on the Contra Costa County Library Commission.

Pursuant to Council Policy 110-1, section 3.2(e) Duties of Mayor, ‘Appointments’, the Mayor may make appointments to a public office or position, with the confirmation of a majority of the City Council.

Contra Costa County Library Commission
The Contra Costa County Library Commission serves as an advisory body to the Contra Costa County Board of Supervisors on matters relating to library services, facilities, policies, programs, and long-range planning for the Contra Costa County Library system. The Commission consists of representatives appointed by each participating city within the library district, along with members appointed by the Contra Costa County Board of Supervisors. Each city appoints one Commissioner and one Alternate Commissioner to represent its interests.

CITY COUNCIL AGENDA ITEM NO. E.6
07/28/2026
The terms of both the City's Commissioner, Linda Sending, and Alternate Commissioner, Vivian Faye, expired on June 30, 2026.

Commissioner Sending has notified the City that she wishes to continue serving as Brentwood's representative on the Contra Costa County Library Commission. During her tenure, she has represented the City's interests and participated in Commission meetings addressing library services and initiatives that benefit Brentwood residents.

City staff is not aware of any pending inquiries or expressed interest from other prospective applicants for the position.

To maintain continuity of representation, Mayor Meyer recommends that the City Council confirm the reappointment of Linda Sending to a one-year term as the City's Commissioner, commencing July 1, 2026. This one-year appointment allows the City to realign the Contra Costa County Library Commission recruitment with other advisory appointment vacancies.

Although she was notified that her term was expiring, Alternate Commissioner Vivian Faye has not indicated an interest in continuing to serve. Accordingly, Mayor Meyer recommends that the City Council direct staff to open a public recruitment to fill the Alternate Commissioner vacancy. Following the recruitment period, applications will be presented to the Mayor for consideration, with a recommended appointment returned to the City Council for confirmation at a future meeting.

CITY COUNCIL STRATEGIC INITIATIVE
Not applicable

PREVIOUS ACTION
Not applicable

ATTACHMENT(S)

1. Resolution

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD CONFIRMING THE MAYOR'S REAPPOINTMENT OF

LINDA SENDING TO THE CONTRA COSTA COUNTY LIBRARY

COMMISSION AND DIRECTING STAFF TO OPEN A RECRUITMENT

FOR THE VACANT ALTERNATE COMMISSIONER POSITION
WHEREAS, Government Code section 40605 provides that, in a general law city with an elected mayor, the mayor, with the approval of the city council, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statute; and
WHEREAS, Council Policy 110-1, section 3.2(e) Duties of Mayor, ‘Appointments’, the Mayor may make appointments to a public office or position, with the confirmation of a majority of the City Council; and WHEREAS, the City of Brentwood appoints one Commissioner and one Alternate Commissioner to the Contra Costa County Library Commission to represent the City's interests regarding library services, facilities, programs, and policies; and
WHEREAS, the terms of Commissioner Linda Sending and Alternate Commissioner Vivian Faye expired on June 30, 2026; and
WHEREAS, Commissioner Linda Sending has expressed her desire to continue serving as the City of Brentwood's representative on the Contra Costa County Library Commission; and
WHEREAS, Alternate Commissioner Vivian Faye has not indicated an interest in continuing to serve; and
WHEREAS, the Mayor recommends the reappointment of Linda Sending to a one-year term as the City's Commissioner to the Contra Costa County Library Commission and recommends opening a public recruitment to fill the vacant Alternate Commissioner position.

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

Section 1. Confirms the Mayor's reappointment of Linda Sending to the Contra Costa County Library Commission for a one-year term commencing July 1, 2026.

Section 2. Directs staff to open a public recruitment to fill the vacant Alternate Commissioner position on the Contra Costa County Library Commission.

Section 3. Directs that, upon completion of the recruitment, qualified applicants shall be presented to the Mayor for consideration, with a recommended appointment returned to the City Council for confirmation at a future meeting.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 28th day of July 2026 by the following vote:

CITY COUNCIL AGENDA ITEM NO. E.7
07/28/2026
SUBJECT: Adoption of a Resolution Approving a Cooperative Agreement with East Contra Costa Regional Fee and Financing Authority for funding the regional share of the Lone Tree Way - Union Pacific At-Grade Crossing Project, CIP Project No. 337-31340
DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Anju Pillai, Engineering Manager

TITLE/RECOMMENDATION
Adopt a Resolution approving the Cooperative Agreement with East Contra Costa Regional Fee and Financing Authority (ECCRFFA) for funding the regional share of the Lone Tree Way - Union Pacific At-Grade Crossing Project, Capital Improvement Program Project No. 337-31340 (“Project”) and authorizing the City Manager or designee to execute the Agreement.

FISCAL IMPACT
Approval of the Cooperative Agreement with ECCRFFA and execution by the City Manager will allow for the Project to receive funding from ECCRFFA in accordance with the agreement, currently equal to the regional share (82%) of eligible project costs. The City estimates ECCRFFA funding of up to $17,835,000 ($21.75M of eligible costs x 82%). The Project is included in the adopted 2026/27 – 2030/31 Capital Improvement Program with a total budget of $24,722,000. Current funding sources for the Project are summarized as follows:

Funding Source Budget Amount
Roadway Development Impact Fees $ 6,298,584
Development Contributions $ 588,416
ECCRFFA $17,835,000
Total $24,722,000

CITY COUNCIL AGENDA ITEM NO. E.7
07/28/2026

BACKGROUND
For more than 20 years, the City has coordinated with Union Pacific Railroad (UPRR) under Capital Improvement Program Project No. 336-31340 to advance a gradeseparated undercrossing on Lone Tree Way between Fairview Avenue and Medallion Drive/Gann Street.

In early 2025, the City obtained variance approval from UPRR to widen Lone Tree Way at-grade, contingent upon implementing safety enhancements at the City's four other railroad crossings: Sand Creek Road, Central Boulevard, Oak Street, and Balfour Road.

On January 27, 2026, the City approved a Professional Services Agreement with Kimley-Horn and Associates, Inc., for engineering design services for the Project.

ECCRFFA, the regional agency responsible for funding transportation improvements in eastern Contra Costa County, including the unincorporated areas and the Cities of Brentwood, Antioch, Oakley, and Pittsburg, has identified the Lone Tree Way Crossing Project as an approved regional transportation project. ECCRFFA is currently collecting regional transportation impact fees to help fund the Project's implementation.

Based on its nexus studies, ECCRFFA will fund up to 82 percent of eligible project costs, including environmental review, design, construction management, and construction activities associated with the Project. The City's local share of eligible costs is 18 percent.

On June 11, 2026, the ECCRFFA Board approved Cooperative Agreement No. 38-26, establishing the project funding participation percentages of up to 82 percent by ECCRFFA and 18 percent by the City for eligible project costs, while incorporating the revised project scope for the Lone Tree Way crossing from a grade-separated undercrossing to an at-grade widening project and the associated implementation of safety enhancements at the City's four other railroad crossings.

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

CITY COUNCIL AGENDA ITEM NO. E.7
07/28/2026

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
This action of approving the Cooperative Agreement with ECCRFFA does not have any environmental impact.

ALTERNATIVE OPTION(S)
The City Council could choose not to approve the Cooperative Agreement and forfeit the regional share of 82 percent of project costs for the Project.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. ECCRFFA Cooperative Agreement No. 38-26

4. Budget Sheet – CIP 336-31340

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

On June 24, 2025, by Resolution No. 2025-82, the City Council adopted the City’s 2025/26 -2029/30 CIP, which includes the Project.

On January 27, 2026, by Resolution No. 2026 - 07, the City Council authorized the City Manager or designee to execute a Professional Services Agreement with Kimley Horn & Associates, Inc., for the Engineering Design Services for the Lone Tree WayUnion Pacific At-Grade Crossing Project- CIP Project No. 336-31340, approved the transfer of development impact fees from CIP Project No. 336-31695, and approved amendments to both Capital Improvement projects.

On May 26, 2026, by Resolution No. 2026-46, the City Council adopted the City’s 2026/27-2030/31 CIP, which includes the Project.

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING A COOPERATIVE AGREEMENT WITH

EAST CONTRA COSTA REGIONAL FEE AND FINANCING

AUTHORITY FOR FUNDING THE REGIONAL SHARE OF THE LONE

TREE WAY-UNION PACIFIC AT-GRADE CROSSING PROJECT,
CAPITAL IMPROVEMENT PROGRAM (“CIP”) PROJECT NO. 337-
31340 AND AUTHORIZING THE CITY MANAGER OR DESIGNEE

TO EXECUTE THE AGREEMENT
WHEREAS, for more than 20 years, the City has coordinated with Union Pacific Railroad (UPRR) under CIP No. 336-31340 to advance a grade-separated undercrossing on Lone Tree Way between Fairview Avenue and Medallion Drive/Gann Street; and
WHEREAS, in early 2025, the City obtained variance approval from UPRR to widen Lone Tree Way at-grade, contingent upon implementing safety enhancements at the City's four other railroad crossings: Sand Creek Road, Central Boulevard, Oak Street, and Balfour Road; and
WHEREAS, On June 24, 2025, by Resolution No. 2025-82, the City Council adopted the City’s 2025/26 -2029/30 CIP, which includes the Project; and WHEREAS, on January 27, 2026, the City approved a Professional Services Agreement with Kimley-Horn and Associates, Inc., for engineering design services for the Project; and
WHEREAS, on May 26, 2026, by Resolution No. 2026-46, the City Council adopted the City’s 2026/27 through 2030/31 CIP, which includes the Project; and WHEREAS, the East Contra Costa Regional Fee and Financing Authority (ECCRFFA), the regional agency responsible for securing funding for transportation improvement projects in eastern Contra Costa County, including unincorporated areas and the Cities of Antioch, Brentwood, Oakley, and Pittsburg, has identified the Lone Tree Way Union Pacific At-Grade Crossing Project as an approved regional transportation project for the City of Brentwood and is currently collecting regional transportation impact fees to support its implementation; and WHEREAS, based on its nexus studies, ECCRFFA will fund up to 82 percent of eligible project costs, including environmental review, design, construction management, and construction activities associated with the Project; and WHEREAS, on June 11, 2026, the ECCRFFA Board approved Cooperative Agreement No. 38-26, establishing the project funding participation of up to 82 percent by ECCRFFA and 18 percent by the City for eligible project costs, while incorporating the revised project scope for the Lone Tree Way crossing from a gradePage 274 of 714

separated undercrossing to an at-grade widening project and the associated implementation of safety enhancements at the City's four other railroad crossings.

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

1. Approve the Cooperative Agreement with East Contra Costa Regional Fee and Financing Authority for funding the regional share of the Lone Tree Way- Union Pacific At-Grade Crossing Project, Capital Improvement Program Project No. 337-31340; and

2. Authorizes the City Manager or designee to execute the Agreement in a form approved by the City Attorney.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 28th day of July 2026 by the following vote:

1 COOPERATIVE AGREEMENT No. 38-26

BETWEEN

EAST CONTRA COSTA REGIONAL FEE AND FINANCING AUTHORITY (ECCRFFA) AND

THE CITY OF BRENTWOOD
Relative to:

Lone Tree Way UP At-grade Crossing Project
This Cooperative Agreement (“AGREEMENT”) is entered into as of __________, 2026 (“EFFECTIVE DATE”), by and between the East Contra Costa Regional Fee and Financing Authority (“ECCRFFA”), a joint exercise of powers agency organized as a separate entity by the cities of Antioch, Brentwood, Oakley, and Pittsburg and the County of Contra Costa, and the City of Brentwood (“CITY”), a municipal corporation (ECCRFFA and the CITY are sometimes collectively referred to as the “PARTIES,” and each as a “PARTY”).

RECITALS
A. ECCRFFA and the CITY desire to enter into this AGREEMENT to define a framework to enable the two PARTIES to work cooperatively in developing transportation improvements for the Lone Tree Way UP At-grade Crossing Project (“PROJECT”) in Contra Costa County. The PROJECT is more particularly described in Exhibit A.

B. The members of ECCRFFA signed a Joint Exercise of Powers Agreement (“ECCRFFA JEPA”) pertaining to the Regional Transportation Development Impact Mitigation (“RTDIM”) Fee in East Contra Costa County. ECCRFFA adopted the East Contra Costa Regional Fee Program Update on June 13, 2024, which added the PROJECT to the RTDIM Fee Program.

C. The PROJECT will receive ECCRFFA funding, in accordance with the fifth amendment to the ECCRFFA JEPA, dated October 22, 2024 (“FIFTH JEPA AMENDMENT”). The ECCRFFA Strategic Plan, approved on April 9, 2026, (“STRATEGIC PLAN”) commits to providing an ECCRFFA RTDIM fee contribution of the regional share of the following PROJECT costs: PROJECT-related consultant/contractor costs related to environmental, design, right-of-way, construction management and construction (together, the “ELIGIBLE PROJECT COSTS”).

D. The CITY is managing the environmental, design, right-of-way and construction processes for the PROJECT within the CITY, all of which are ELIGIBLE PROJECT COSTS. The CITY will seek ECCRFFA funding for ELIGIBLE PROJECT COSTS that the CITY incurs, in accordance with Exhibit C. Subject to the STRATEGIC PLAN and the requirements of this AGREEMENT, the CITY will request those

2 funds, and ECCRFFA will consider authorizing those funds, for specific ELIGIBLE PROJECT COSTS that the CITY incurs.

NOW, THEREFORE, in consideration of the foregoing, ECCRFFA and the CITY do hereby agree as follows:

Section I.

CITY AGREES:

1. To submit to ECCRFFA requests for appropriation of funds to pay ELIGIBLE PROJECT COSTS for specific components of the PROJECT. Each request for appropriation must detail the PROJECT component scope, schedule, and proposed funding plan, and shall meet the requirements in Exhibit C. The CITY shall deliver each request for appropriation to ECCRFFA at least sixty (60) calendar days before the funds are needed. The CITY’s submittal of a funding request, and ECCRFFA’s approval of a funding resolution under Section II.1., does not guarantee RTDIM funds will be available to satisfy the CITY’s funding request.

ECCRFFA’s obligations under any funding resolution are subject to the conditions more particularly described in Section II.1.

2. To apply any funds received under this AGREEMENT to the ELIGIBLE PROJECT COSTS consistent with the terms and conditions specified in the funding resolution approved by ECCRFFA.

3. To allow ECCRFFA to audit all expenditures relating to the PROJECT funded through this AGREEMENT. For the duration of the PROJECT, and for three (3) years following completion of the PROJECT, or earlier discharge of this AGREEMENT, CITY will make available to ECCRFFA and its agents and auditors all records relating to PROJECT expenses the CITY incurs in performance of this AGREEMENT.

4. To provide invoices and progress reports to ECCRFFA, consistent with the requirements of Exhibit C, along with the summary of expenditures to date, and to maintain strict accounting of all ELIGIBLE PROJECT COSTS for which future reimbursement will be requested.

5. Each year during the term of this AGREEMENT, to prepare and provide ECCRFFA, within ninety (90) calendar days of the last day of ECCRFFA’s fiscal year, a report that itemizes both (a) the expenditure of all funds received from ECCRFFA for ELIGIBLE PROJECT COSTS during the fiscal year for which the report is prepared, and (b) progress to date in CITY’s implementation of the PROJECT during the fiscal year for which the report is prepared.

3 6. To comply with Contra Costa Transportation Authority’s (“CCTA”) Policy on the Implementation of Measure J Projects (CCTA Resolution 08-13-P) and all other applicable policies that CCTA or ECCRFFA may adopt in the future.

7. To be responsible for evaluating prospective consultants and contractors to be retained by the CITY and, subsequently awarding contracts for the PROJECTrelated work contemplated in this AGREEMENT, consistent with this AGREEMENT and any appropriation resolutions adopted by ECCRFFA in the future.

8. Upon ECCRFFA’s request, to provide ECCRFFA copies of all executed contracts and other PROJECT documents between the CITY and consultants, contractors, and others involved in the PROJECT. The CITY shall retain all copies of such executed contracts during PROJECT implementation, and for three (3) years following completion of PROJECT, or the earlier discharge of this AGREEMENT under Section III.2.

9. To oversee and manage PROJECT consultant and contractor activities, including responsibility for schedule, budget, and oversight of the services, consistent with the scope of ECCRFFA funding resolutions.

10.If the PROJECT involves any further right-of-way acquisition, to follow the requirements of state law and the Federal Uniform Acquisition and Relocation Assistance Act and, if applicable, to transfer net proceeds, after deducting auditable costs of sales, to ECCRFFA resulting from the sale of excess lands purchased in whole or in part with financing proceeds, in the same proportion to the net proceeds as the original contribution of such financing proceeds was to the purchase price of the original parcel.

11.To obtain all permits, licenses, and land rights necessary for construction of the PROJECT.

12.ECCRFFA’s contribution of RTDIM funds to the PROJECT under this AGREEMENT shall not exceed the regional component of the PROJECT, as more particularly described in the STRATEGIC PLAN, which may be updated from time to time by ECCRFFA.

Section II.

ECCRFFA AGREES:

1. In response to a CITY request for appropriation of funds for ELIGIBLE PROJECT COSTS, to consider, within 60 days after receiving such request, whether to adopt a funding resolution, provided that notice of cancellation or termination of this AGREEMENT pursuant to Section III.2. has not been given. ECCRFFA, in its sole discretion, may adopt a funding resolution for ELIGIBLE PROJECT COSTS before

4 ECCRFFA actually has RTDIM funds available to pay the CITY for those costs.

Subject only to the PROJECT’s priority in the FIFTH JEPA AMENDMENT, ECCRFFA’S obligation to provide the CITY funds for ELIGIBLE PROJECT COSTS under an adopted funding resolution is expressly made subject to ECCRFFA’s receipt of sufficient RTDIM funds to both (a) meet other ECCRFFA obligations, and (b) to provide funding under the funding resolution, both as determined by ECCRFFA in its sole discretion. ECCRFFA’s contribution of RTDIM funds shall not exceed ELIGIBLE PROJECT COSTS, whenever incurred, in accordance with the STRATEGIC PLAN. Upon ECCRFFA’s adoption of a funding resolution providing RTDIM funds for ELIGIBLE PROJECT COSTS under this AGREEMENT, the resolution shall be deemed to be incorporated into Exhibit B and, by this reference, made a part of this AGREEMENT notwithstanding the requirements of Section III.7. Each funding resolution will include additional conditions, if any, and the purpose and timing, or projected timing, for release of RTDIM funds to the CITY for the ELIGIBLE PROJECT COSTS. A chronological listing of appropriation resolutions will be included in and made a part of Exhibit B, which is hereby incorporated into this AGREEMENT and made a part hereof. Exhibit B will be updated with each new appropriation resolution. Each request for appropriation of funds will include the most current ECCRFFA overall financial plan for the PROJECT.

2. As ECCRFFA determines RTDIM funds are available under Section II.1, and within 30 days after ECCRFFA adopts a funding resolution in response to a funding request submitted by CITY under Section I.1., to transfer to CITY funds allocated to pay ELIGIBLE PROJECT COSTS under that funding resolution.

3. To provide at least thirty (30) calendar days’ notice to the CITY if an audit is to be conducted.

4. To provide CITY copies of all future updates of the STRATEGIC PLAN. ECCRFFA shall have sole discretion to revise and update its STRATEGIC PLAN from time to time in the future, to adjust funding commitments for all projects funded with RTDIM funds, provided that ECCRFFA’s funding commitment to the PROJECT shall not exceed the ELIGIBLE PROJECT COSTS.

Section III.

IT IS MUTUALLY AGREED:

1. Term: This AGREEMENT will remain in effect until it is discharged, cancelled, or terminated in accordance with Section III.2., excepting only those sections that expressly survive such discharge, cancellation, or termination, as set forth in Section III.14.

2. Discharge: This AGREEMENT shall be subject to discharge as follows:

5 a. Except for breach, which is covered in Section III.2(b) below, either PARTY may terminate this AGREEMENT at any time, pursuant to a power created by this AGREEMENT or by law, for causes beyond the control and without the fault or negligence of said PARTY, including any force majeure event, if such causes irrevocably disrupt or render said PARTY’s performance impossible under this AGREEMENT. The terminating PARTY shall give written notice of termination under this Section III.2(a) to the other PARTY, specifying both the cause for the termination and the effective date of the termination. Notice of termination under this Section III.2(a) shall be given at least ninety (90) calendar days before the effective date of such termination. b. This AGREEMENT may be cancelled by a PARTY for breach of any obligation, covenant or condition set forth in this Agreement by the other PARTY, upon notice to the breaching Party. With respect to any breach which is reasonably capable of being cured, the breaching PARTY shall have thirty (30) days from the date of the notice to initiate steps to cure. If the breaching PARTY diligently pursues cure, such PARTY shall be allowed reasonable time to cure, not to exceed sixty (60) calendar days from the date of the initial notice, unless a further extension is granted by the non-breaching PARTY. On cancellation, the non-breaching PARTY retains the same rights as a PARTY exercising its right to terminate under the provisions of Section III.2(a) and said cancelling PARTY also retains any remedy for breach of the whole AGREEMENT or any unperformed balance.
c. By mutual written consent of both PARTIES, this AGREEMENT may be terminated at any time.

3. Indemnity: It is mutually understood and agreed, relative to the reciprocal indemnification of ECCRFFA and the CITY:
a. That neither ECCRFFA, nor any officer, employee, director, agent or subcontractor thereof, shall be responsible for, and the CITY shall fully defend, indemnify, and hold harmless ECCRFFA, its officers, agents, employees, and member agencies against, any damage or liability occurring by reason of anything done or omitted to be done by the CITY, its officers, agents, employees, consultants, or contractors under or in connection with any work, authority, or jurisdiction delegated to the CITY under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895.4, the CITY shall fully defend, indemnify, and hold ECCRFFA, its officers, agents, employees, and member agencies harmless for any liability imposed for injury, as defined by Government Code Section 810.8, occurring by reason of anything done or omitted to be done by the CITY, its officers, agents, employees, consultants, or contractors under this AGREEMENT or in connection with any work, authority, or jurisdiction delegated to the CITY under this AGREEMENT.

6 b. That neither the CITY, nor any officer, employee, director, agent or subcontractor thereof, shall be responsible for, and ECCRFFA shall fully indemnify and hold harmless the CITY against, any damage or liability occurring by reason of anything done or omitted to be done by ECCRFFA under or in connection with any work, authority, or jurisdiction delegated to ECCRFFA under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895.4, ECCRFFA shall fully indemnify and hold the CITY harmless from any liability imposed for injury, as defined by Government Code Section 810.8, occurring by reason of anything done or omitted to be done by ECCRFFA under this AGREEMENT or in connection with any work, authority, or jurisdiction delegated to ECCRFFA under this AGREEMENT.

4. Notices: Any notice which may be required under this AGREEMENT shall be in writing, shall be effective when received, and shall be given by personal service, or by certified or registered mail, return receipt requested, to the addresses set forth below, or to such addresses which may be specified in writing to the PARTIES hereto.

CITY: City of Brentwood
ATTN: City Manager
150 City Park Way
Brentwood, CA 94513
ECCRFFA: ECCRFFA Program Manager
Contra Costa County Public Works Department
255 Glacier Drive
Martinez, CA 94553

5. Recitals: The recitals are true and correct and are incorporated in and a part of this AGREEMENT.

6. Additional Acts and Documents: Each PARTY agrees to do all such things and take all such actions, and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent, and purpose of this AGREEMENT.

7. Integrations: This AGREEMENT represents the entire agreement of the PARTIES with respect to the subject matter hereof. No representations, warranties, inducements or oral agreements have been made by any of the PARTIES except as expressly set forth herein, or in other contemporaneous written agreements.

8. Amendment: This AGREEMENT may not be changed, modified, or rescinded except in writing, signed by all PARTIES hereto, and any attempt at oral modification of this AGREEMENT shall be void and of no effect.

7 9. Independent Agency: ECCRFFA acts under this AGREEMENT as an independent agency. None of ECCRFFA’s agents or employees shall be agents or employees of the CITY. The CITY acts under this AGREEMENT as an independent agency. None of the CITY’s agents or employees shall be agents or employees of ECCRFFA.

10.Assignment: This AGREEMENT may not be assigned, transferred, hypothecated, or pledged by any PARTY without the express written consent of the other PARTY.

11.Binding on Successors: This AGREEMENT shall be binding upon the successors, assignees, and transferees of ECCRFFA and the CITY. This provision shall not be construed as an authorization to assign, transfer, hypothecate, or pledge this AGREEMENT other than as provided above.

12.Severability: Should any part of this AGREEMENT be determined to be unenforceable, invalid, or beyond authority of either PARTY to enter into or carry out, such determination shall not affect the validity of the remainder of this AGREEMENT which shall continue in full force and effect; provided that, the remainder of this AGREEMENT can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the PARTIES.

13.Counterparts: This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed an original.

14.Survival: Notwithstanding anything to the contrary in this AGREEMENT, the following provisions in this AGREEMENT shall survive the cancellation, expiration, discharge, or termination of this AGREEMENT:
a. As to the CITY:

Section I.2. (obligation to apply funds to PROJECT)
Section I.3. (obligation to allow audit and retain records) Section I.4. (obligation to provide remaining invoices and progress reports) Section I.5. (for the year in which termination occurs only, to prepare an annual report to the ECCRFFA)
Section I.8. (obligation to provide copies)
Section I.9. (obligation to continue to manage PROJECT) Section I.10. (obligation to reimburse funds on sale of excess land) b. As to ECCRFFA:

Section II.2 (obligation to transfer funds that ECCRFFA approved prior to termination)
Section II.3. (obligation to provide notice of audit)
c. As to both PARTIES:

8 Section III.3. (indemnity obligations)
Section III.11. (successors, assignees, and transferees)

15.Limitations:
a. All obligations of ECCRFFA under the terms of this AGREEMENT are expressly subject to ECCRFFA’s continued authorization to collect and expend RTDIM fees in East Contra Costa County, as well as the availability of funding, taking into consideration all of the obligations of ECCRFFA under all outstanding contracts, agreements and other obligations of ECCRFFA in connection with funds for such purposes. The availability of RTDIM funds is based on the collection of development fees, which are not a guaranteed revenue stream. If, for any reason, ECCRFFA’s right to collect or expend such RTDIM funds is terminated or suspended in whole or part, or if the amount of fees being collected falls short of the projections in the STRATEGIC PLAN, as may be amended from time to time, ECCRFFA shall promptly notify the CITY in writing, and the PARTIES shall consult on a course of action. If, after twenty-five (25) calendar days, a course of action is not agreed upon by the PARTIES, this AGREEMENT shall be deemed terminated by mutual or joint consent.
b. Notwithstanding anything to the contrary in this AGREEMENT, ECCRFFA’s funding commitment for the PROJECT under this AGREEMENT includes all ECCRFFA payments or reimbursements to third parties, such as developers, (each a “THIRD-PARTY REIMBURSEMENT”) for design, construction, right of way acquisition, and construction management of any portion of the PROJECT, including any portion of the PROJECT constructed before the EFFECTIVE DATE, regardless of when ECCRFFA makes the THIRD PARTY REIMBURSEMENT.
c. This AGREEMENT does not guarantee that RTDIM funds will be available for the purposes of this AGREEMENT at the time that the CITY requests funds for ELIGIBLE PROJECT COSTS, according to any funding schedule adopted by the CITY, or at the time ECCRFFA adopts a funding resolution.

ECCRFFA’s adoption, amendment, or revision of the STRATEGIC PLAN also does not guarantee that RTDIM funds will be available according to the projected schedule of availability of funds in the STRATEGIC PLAN, as adopted, amended, or revised.

16.No Third-Party Beneficiaries. Nothing in this AGREEMENT, express or implied, is intended to confer on any person other than the PARTIES and their successors and assigns any rights or remedies by reason of this AGREEMENT.

17.Governing Law; Construction. This AGREEMENT shall be governed and construed in accordance with California law. The section headings and captions of this AGREEMENT are, and the arrangement of this AGREEMENT is, for the

9 sole convenience of the PARTIES to this AGREEMENT. The section headings, captions, and arrangement of this AGREEMENT do not in any way affect, limit, amplify, or modify the terms and provisions of this AGREEMENT. This AGREEMENT shall not be construed as if it had been prepared by one of the PARTIES, but rather as if both PARTIES have prepared it. The PARTIES to this AGREEMENT and their attorneys have read and reviewed this AGREEMENT and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this AGREEMENT.

18.Waiver. A waiver of breach of any covenant or provision in this AGREEMENT shall not be deemed a waiver of any other covenant or provision in this AGREEMENT, and no waiver shall be valid unless in writing and executed by the waiving PARTY.

The PARTIES have executed this Agreement as of the EFFECTIVE DATE.

EAST CONTRA COSTA FEE & FINANCING

AUTHORITY
______________________________
Dale Dennis, Program Manager
Approved as to Form:

Thomas L. Geiger, County Counsel
_____________________________
Liliana Garcia
Deputy County Counsel

CITY OF BRENTWOOD
____________________________
Terrance Davis, Acting City
Manager
Attest:
____________________________
Amanda McVey, City Clerk
Approved as to Form:
____________________________
Thomas Lloyd Smith, City Attorney
ECCRFFA.COB SCRE Funding Agreement 03.23.23 Attachments Exhibit A Description of the Lone Tree Way UP At-grade Crossing Project Exhibit B Compensation Schedule (Listing of Funding Resolutions) Exhibit C Method of Payment

1 COOPERATIVE AGREEMENT No. 38-26

BETWEEN

EAST CONTRA COSTA REGIONAL FEE AND FINANCING AUTHORITY (ECCRFFA) AND

THE CITY OF BRENTWOOD

EXHIBIT A

DESCRIPTION OF THE PROJECT
The Lone Tree Way UP At-grade Crossing Project would construct an at-grade widening of Lone Tree Way between Fairview Avenue and Gann Street/Medallion Drive to a 4-lane arterial with median islands, bike lanes, and sidewalk consistent with the Circulation Element of the General Plan. The project would also include mitigation in the form of safety enhancements at rail crossings on Sand Creek Road, Central Boulevard, Oak Street, and Balfour Road.

2 COOPERATIVE AGREEMENT No. 38-26

BETWEEN

EAST CONTRA COSTA REGIONAL FEE AND FINANCING AUTHORITY (ECCRFFA) AND

THE CITY OF BRENTWOOD

EXHIBIT B

COMPENSATION SCHEDULE
Chronological Listing of ECCRFFA Fund Appropriation Resolutions Project
Number
Resolution
Number DATE
FUNDS

APPROPRIATED

CUMULATIVE
TOTAL
0 TOTAL FUNDS
APPRORIATED 0

3 COOPERATIVE AGREEMENT No. 38-26

BETWEEN

EAST CONTRA COSTA REGIONAL FEE AND FINANCING AUTHORITY (ECCRFFA) AND

THE CITY OF BRENTWOOD

EXHIBIT C

METHOD OF PAYMENT

1. The CITY will submit, no more often than monthly, invoices to ECCRFFA which include all costs of the PROJECT for which RTDM funds are being requested for the stated time period.

2. The invoice shall include the following information. An invoice shall request ECCRFFA funding for only ELIGIBLE PROJECT COSTS:

A. ELIGIBLE PROJECT COSTS include the regional share of the Environmental, Design, Construction Management, and Construction. The City share is 18% and the ECCRFFA share (regional) is 82%.

B. Invoices should include the following:
a) A listing of the prime consultant/contractor and any sub-consultant/subcontractor labor costs, broken out by funding resolution. b) An itemized list of all other non-labor costs with identification of the activity to which the expense is chargeable.
c) The invoice submitted by the CITY should include a copy of the consultant/contractor invoice as backup to the above information.

C. Certification
The following statement will be included in each monthly invoice submitted by the CITY: “We hereby certify that the funds requested by the City of Brentwood are to reimburse the City of Brentwood for project costs already incurred and have not been included in a previous invoice request.”
D. Progress reports
The CITY will submit a progress report that summarizes the activities covered by the invoice.

4 3. Subject to the provisions of a funding resolution adopted by ECCRFFA’s Board of Directors and the requirements of the AGREEMENT, ECCRFFA will process reimbursement to the CITY within forty-five (45) calendar days after receipt by ECCRFFA of an invoice, containing all of the information required under item 2 above. ECCRFFA reserves the right to adjust future reimbursements should subsequent review indicate that an invoice includes ineligible costs.

Project Title: Project #:

Lone Tree Way - Union Pacific At-Grade Crossing 336-31340 Description/Justification:

This project, formerly named “Lone Tree Way – Union Pacific Undercrossing”, will widen Lone Tree Way between Fairview Avenue and Gann Street to four vehicle travel lanes. Improvements will include bicycle lanes, sidewalk, landscaped median islands and green infrastructure. Union Pacific Rail Road (UPRR) has approved an at-grade widening of Lone Tree Way under the condition that the project includes improvements to the four other roadway crossings in Brentwood at Sand Creek Road, Central Boulevard, Oak Street and Brentwood Boulevard. In addition to coordination with PG&E and other utility companies, permits from and agreements with UPRR and the California Public Utilities Commission (CPUC) will be required as well.

Project Status:

Through coordination and meetings with UPRR, the City has developed conceptual plans for the project. The construction phase of this project is anticipated to begin in FY 2027/28.

Supplemental Information:

The East Contra Costa Regional Fee and Financing Authority (ECCRFFA) has designated this as a priority project, eligible for 82% funding of the total $21.75M cost. This cost includes design, environmental review, utility relocations, permitting, and construction, but excludes $2.9M previously spent by the City on planning and right-of-way acquisition. ECCRFFA will allocate $17.835M to this project ($21.75M x 82%), with the remaining balance funded by Development Impact Fees. Pulte Homes previously reimbursed the City $588,416 for their portion of the roadway improvements as a condition of approval for the Rose Garden development. There will be future annual O & M costs from routine maintenance, such as pavement, traffic striping, concrete, landscaping, etc.

PROJECT EXPENDITURES Prior 2026/27 2027/28 2028/29 2029/30 2030/31 TOTAL 70239 Legal 23,205 $ 23,205
90040 Planning and Design 2,895,295 266,500 $ 3,161,795 90050 Construction 63,600 8,000,000 8,000,000 4,000,000 $ 20,063,600 90070 Project Administration 28,000 $ 28,000
90100 Land/ROW/Acquisitions 1,445,400 $ 1,445,400
TOTAL $ 4,455,500 $ 266,500 $ 8,000,000 $ 8,000,000 $ 4,000,000 $ 24,722,000 PROJECT FUNDING Prior 2026/27 2027/28 2028/29 2029/30 2030/31 TOTAL 47251 Development Impact Fees 6,298,584 $ 6,298,584
46715 Development Contributions 588,416 $ 588,416
ECCRFFA 1,230,000 205,000 16,400,000 $ 17,835,000
TOTAL $ 8,117,000 $ 205,000 $ 16,400,000 $ 24,722,000

PROJECT FINANCING CURRENT PROPOSED
Project Category: Roadway Improvements
Location: Lone Tree Way and Union Pacific
Railroad at-grade crossing
Project Manager: A. Pillai
Project Priority: 1B - Mandatory
Est. Completion Date: 2029/30
Future Annual
O & M Impact: $15,000
Public Art
Requirement: Applicable
General Plan Policy: CIR 1-14
51 City of Brentwood 2026/27 – 2030/31 Capital Improvement Program

CITY COUNCIL AGENDA ITEM NO. F.1
07/28/2026
SUBJECT: Ordinances of the City Council of the City of Brentwood Repealing and Replacing Chapters 9.50 and 17.780 (Cannabis Facilities and Cultivation) of the Brentwood Municipal Code and resolution amending the Cost Allocation Plan and Schedule of City Fees DEPARTMENT: Community Development
STAFF: Alexis Morris, Director of Community Development Kenneth Murphy, Chief Building Official

TITLE/RECOMMENDATION
Waive the first reading and introduce two ordinances repealing and replacing Chapter

9.50 and Chapter 17.780 of the Brentwood Municipal Code (BMC) to update the City’s cannabis regulations and land use prohibitions, and adopt a resolution amending the Cost Allocation Plan and Schedule of City Fees to create a new $1,000 administrative fine.

The adoption of the ordinances and resolution are exempt from the provisions of the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) (CEQA) as it can be seen with certainty that there is no possibility the adoption and implementation of the ordinances and resolution will have a significant effect on the environment. Therefore, this activity is not subject to CEQA pursuant to CEQA Guidelines Section 15061(b)(3).

FISCAL IMPACT
There is no significant fiscal impact associated with adoption of the ordinances and resolution, apart from staff and outside counsel time required for its preparation and implementation. Staff is unable to estimate the number of fines that could be collected annually but any Administrative Fines collected for enforcement of the Ordinances would be deposited into the General Fund.

BACKGROUND
In 2016, Proposition 64, known as the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), authorized under California law the use and possession of marijuana (now termed “cannabis” in State law) by adults 21years of age or older.

CITY COUNCIL AGENDA ITEM NO. F.1
07/28/2026
The AUMA also allows adults to possess, plant, cultivate, harvest, dry, or process not more than six cannabis plants and possess the cannabis produced by the plants, subject to the following restrictions:
(1) A person shall plant, cultivate, harvest, dry, or process plants in accordance with local ordinances, if any, adopted in accordance with Health and Safety Code, § 11362.2(b).
(2) The living plants and any cannabis produced by the plants in excess of

28.5 grams are kept within the person’s private residence, or upon the grounds of that private residence (e.g., in an outdoor garden area), are in a locked space, and are not visible by normal unaided vision from a public place.
(3) Not more than six living plants may be planted, cultivated, harvested, dried, or processed within a single private residence, or upon the grounds of that private residence, at one time.
(Health & Safety Code, §§ 11362.1(a)(3), 11362.2(a).)
The AUMA authorizes local governments to enact and enforce reasonable regulations on the personal cultivation of cannabis. (Health & Safety Code, § 11362.2(b).) A local government may reasonably regulate personal cultivation and may prohibit outdoor cultivation, but it may not completely prohibit personal cultivation inside a private residence or inside a fully enclosed and secure accessory structure to a private residence.

Since 2017, the City has regulated cannabis activity and incorporated the requirements of State law into the Brentwood Municipal Code (BMC), allowing the City to levy administrative citation fines for cannabis violations under Chapters 1.24 and 9.50 of the BMC.

In 2022, Senate Bill 1186 (Wiener) (the Medicinal Cannabis Patients’ Right of Access Act) was passed which prohibits local governments, beginning January 1, 2024, from adopting or enforcing any regulation that prohibits or effectively prohibits, the delivery of medicinal cannabis to patients or primary caregivers within their jurisdictions. In October 2023, the City Council amended Chapter 9.50 and Chapter

17.780 to be consistent with the new regulations.

Subsequently, Assembly Bill 1684 (Maienschein) was passed (2023), which amended Section 53069.4 of the California Government Code to, among other things, increase the possible fine amount for specified violations associated with unlicensed

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commercial cannabis activity to $1,000 per violation. The bill also limited the total dollar amount of immediate administrative fines imposed under the provision to $10,000 per day. The bill also clarified that property owners and owners of occupant business entities, can be held jointly and severally liable for administrative fines imposed under the statute for unlawful cannabis activities, subject to applicable statutory protections.

Cultivation of more than the allowed six plants in a residential home is an occasional enforcement issue for the City. Large-scale commercial cannabis cultivations may illegally contain hundreds and, in some cases, thousands of cannabis plants in a single home or other structure. Within these residential homes or commercial buildings with illegal cannabis cultivations, Neighborhood Services staff routinely identify unsafe and unpermitted electrical wiring, as well as other unpermitted construction, including natural gas lines, HVAC systems, and unpermitted new walls, floors and rooms. Further, significant damage to the structure, including extensive mold, is often present. This activity involves numerous code violations and negatively affects public safety, the quality of life, as well as property values for the surrounding neighborhood.

When notified of a potential illegal grow house, the California Department of Cannabis Control and the Brentwood Police Department conduct the criminal investigation, while Neighborhood Services staff document the various life and safety concerns and unpermitted construction, and pursue administrative enforcement of the BMC.

The City’s current administrative citation fines are $100 for the first violation, $200 for the second violation, and $500 for the third violation. In an effort to further combat illegal cannabis cultivation, along with many other municipalities, the City’s existing ordinance specifies that each plant represents a separate violation of the City’s ban on cultivation, meaning that each plant is subject to its own fine. The City’s ability to issue fines on a per plant basis has been an effective deterrent against illegal grow-houses.

Assembly Bill 1684 limits administrative fines immediately imposed under Government Code Section 53069.4(a)(2)(B) to $1,000 per violation and $10,000 per day. The statutory cap does not necessarily apply to other penalties imposed pursuant to different authority or to administrative penalties imposed after notice and a reasonable period to correct the violation.

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Planning Commission Recommendation
On May 5, 2026, The Planning Commission considered a zoning text amendment to repeal and replace Chapter 17.780 of the BMC. The Planning Commission voted unanimously to adopt a resolution recommending approval to the City Council of the draft ordinance repealing and replacing Chapter 17.780 of the BMC.

The proposed Chapter 17.780 preserves the same underlying land use policy considered by the Planning Commission. It has been streamlined to cross-reference the detailed regulatory provisions in Chapter 9.50 and to focus on its zoning and land use function.

Proposed Ordinance Changes
The proposed ordinances repeal and replace Chapters 9.50 and 17.780 and were drafted to be consistent with new legislation. The two chapters serve different but complementary purposes. Chapter 9.50 contains the City’s principal regulatory, nuisance, and enforcement provisions. Chapter 17.780 addresses the zoning and land use prohibition and cross-references Chapter 9.50 for applicable definitions, exceptions, and enforcement provisions.

In accordance with State Law, the proposed ordinances provide the tools that allow the City to issue citations of up to $1,000 per plant, per day for specified violations involving qualifying unlicensed commercial cannabis activity, up to an aggregate amount of $10,000 per day.

Administrative citations can also be issued for violations of building, plumbing, electrical, or other similar structural health and safety requirements provided those violations result from or facilitate qualifying unlicensed commercial cannabis activity and are subject to the same $10,000 per day aggregate cap for immediate penalties. The proposed ordinances also maintain the City’s prohibition on cannabis facilities and commercial cannabis activities to the fullest extent permitted by state law, while recognizing lawful personal cultivation, medicinal cannabis delivery, transportation on public roads, and other activities protected by state law.

Cost Allocation Plan and Schedule of Fees Amendment
As part of the changes to the BMC, staff proposes creating a new administrative fine of up to $1,000 for each qualifying violation involving unlicensed commercial cannabis activity under Chapters 9.50 and 17.780, which is higher than the City’s typical administrative fine of $250. The new $1,000 administrative fine is the maximum

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amount allowed per violation for an immediate administrative penalty imposed under Government Code Section 53069.4(a)(2)(B).

The resolution identifies the amount of the administrative citation fine but does not independently expand liability. The fine is intended to operate as an administrative penalty that deters violations rather than as a regulatory fee calculated to recover the City’s cost of each enforcement action.

Conclusion
The proposed ordinances amend the BMC to align with State mandates regarding deliveries, fines, and parties or persons responsible for cannabis violations. The attached resolution amends the Cost Allocation Plan and Schedule of Fees to establish an administrative citation fine for violations of Chapter 9.50 and/or Chapter 17.780 consistent with State law. Staff recommends that the City Council introduce the proposed ordinances and adopt the resolution in order to bring the City’s cannabis regulations into conformance with State law.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable

PREVIOUS ACTION
Previous Actions by the City Council are included in Attachment 1.

DATE OF NOTICE
The City of Brentwood published a notice of public hearing in the Brentwood Press on July 17, 2026.

ENVIRONMENTAL DETERMINATION
The adoption of the ordinances replaces Chapter 9.50 and Chapter 17.780 of the BMC in entirety and is exempt from the provisions of the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) (CEQA) as it can be seen with certainty that there is no possibility that the adoption and implementation of the ordinances will have a significant effect on the environment. Therefore, this activity is not subject to CEQA pursuant to CEQA Guidelines Section 15061(b)(3).

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Further, the resolution amending the Cost Allocation Plan and Schedule of City Fees is not a project under CEQA pursuant to CEQA Guidelines Section 15378(b)(5) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.

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

1. Do not introduce the attached Ordinances and Resolution.

2. Modify the attached Ordinances and/or Resolution based on legally defensible findings.

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

ATTACHMENT(S)

1. Previous Actions

2. Ordinance Chapter 9.50

3. Ordinance Chapter 17.780

4. Cost Allocation Plan and Schedule of City Fees Resolution

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

On September 26, 2006, the City Council unanimously voted to adopt Ordinance 838 to add Chapter 9.50 to the Brentwood Municipal Code (“BMC”) prohibiting medical marijuana dispensaries pending the completion of studies related to the impacts associated with such dispensaries.

On December 11, 2007, the City Council introduced and waived the first reading of Ordinance No. 855.

On January 8, 2008, the City Council waived the second reading and adopted Ordinance No. 855 to amend Chapter 9.50 of the BMC to Permanently Prohibit Medical Marijuana Dispensaries.

On January 26, 2016, the City Council waived the second reading and adopted Ordinance No. 963 to amend Title 17 of the BMC by establishing a new chapter (Chapter 17.780 – Medical Marijuana Facilities) to prohibit marijuana cultivation, dispensaries and deliveries within the City of Brentwood.

On January 26, 2016, the City Council waived the second reading and adopted Ordinance No. 964 repealing Brentwood Municipal Code Chapter 9.50 (Medical Marijuana Dispensaries) and replacing it in its entirety with new Brentwood Municipal Code Chapter 9.50 (Medical Marijuana Facilities and Cultivation).

On October 24, 2017, the City Council adopted Ordinance No. 993 repealing Brentwood Municipal Code Chapter 17.780 (Medical Marijuana Facilities) and replaced it in its entirety with new Brentwood Municipal Code Chapter 17.780 (Marijuana Facilities and Cultivation) to prohibit marijuana cultivation, dispensaries and deliveries within the City of Brentwood.

On October 24, 2017, the City Council adopted Ordinance No. 994 repealing Brentwood Municipal Code Chapter 9.50 (Medical Marijuana Facilities) and replaced it in its entirety with new Brentwood Municipal Code Chapter 9.50 (Marijuana Facilities and Cultivation) to prohibit marijuana cultivation, dispensaries and deliveries within the City of Brentwood.

On July 26, 2022, the City Council adopted Ordinance No. 1042 updating penalties for the illegal cultivation of Marijuana making each plant grown over the amount allowed by state statute a separate violation.

On October 24, 2023, the City Council adopted Ordinance No. 1062 repealing Chapter

17.780 (Medical Marijuana Facilities) of the Brentwood Municipal Code and replacing it in its entirety with a new Chapter 17.780 (Cannabis Facilities and Cultivation) to regulate cannabis dispensaries, cultivation facilities, commercial cannabis activities, and cannabis deliveries within the City of Brentwood.

On October 24, 2023, the City Council adopted Ordinance No. 1063 repealing Chapter

9.50 (Medical Marijuana Facilities) of the Brentwood Municipal Code and replacing it in its entirety with a new Chapter 9.50 (Cannabis Facilities and Cultivation).

ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD REPEALING BRENTWOOD MUNICIPAL CODE
CHAPTER 9.50 (CANNABIS FACILITIES AND CULTIVATION) AND

REPLACING IT IN ITS ENTIRETY WITH A NEW BRENTWOOD
MUNICIPAL CODE CHAPTER 9.50 (CANNABIS FACILITIES AND

CULTIVATION)
WHEREAS, on November 8, 2016, California voters approved the Control, Regulate and Tax Adult Use of Marijuana Act (“AUMA”), which enacted provisions governing adult-use cannabis, including provisions now codified in Division 10 of the Business and Professions Code; and
WHEREAS, AUMA allows individuals 21 years of age or older to possess, use, and cultivate adult-use cannabis in certain amounts, including possession of up to

28.5 grams of non-concentrated cannabis or 8 grams of cannabis in a concentrated form (e.g., cannabis edibles); and
WHEREAS, except as provided in the Medicinal Cannabis Patients’ Right of Access Act, Division 10 of the Business and Professions Code does not supersede or limit the City’s authority to regulate businesses licensed under that division, including through local zoning, land use, business license, and other regulatory requirements; and
WHEREAS, Business and Professions Code Section 26200 provides that a city may “completely prohibit the establishment or operation of one or more types of businesses licensed under” Division 10 of the Business and Professions Code; and WHEREAS, subject to applicable state law, cities retain broad authority under Division 10 of the Business and Professions Code to regulate commercial cannabis businesses and land uses, including by prohibiting one or more types of licensed cannabis businesses or establishing a local regulatory framework for such businesses; and
WHEREAS, on October 24, 2017, the City Council amended Brentwood Municipal Code Chapters 9.50 and 17.780 to prohibit, in express terms, medical and recreational cannabis dispensaries, cannabis cultivation facilities, commercial cannabis activities, and medical cannabis deliveries; and WHEREAS, in 2022 the California Legislature passed and Governor Gavin Newsom signed into law SB 1186 (Wiener), the Medicinal Cannabis Patients’ Right of Access Act (the “Act”). Beginning January 1, 2024, the Act bars a city from adopting or enforcing any regulation that directly or indirectly prohibits retail delivery of medicinal cannabis to eligible patients or caregivers in the city; and WHEREAS, on October 24, 2023, the City Council adopted Ordinance No. 1063 repealing Chapter 9.50 (Medical Marijuana Facilities) of the Brentwood Municipal

Code and replacing it in its entirety with a new Chapter 9.50 (Cannabis Facilities and Cultivation); and
WHEREAS, in order to protect the public health, safety, and welfare, the City Council desires to amend Brentwood Municipal Code Chapter 9.50 to continue prohibiting cannabis facilities and commercial cannabis activities to the fullest extent permitted by state law, regulate personal cannabis cultivation, and recognize the delivery and transportation activities protected by state law; and WHEREAS, Government Code Section 53069.4 authorizes local agencies, under specified circumstances, to impose immediate administrative penalties for unlicensed commercial cannabis activity that violates local zoning, structural, health, or safety requirements; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

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

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

SECTION 2. Repealing and Replacing Former Chapter 9.50. Brentwood Municipal Code Chapter 9.50 is hereby repealed and replaced in its entirety with the new Chapter 9.50, attached hereto as Exhibit A and incorporated herein by reference.

SECTION 3. Compliance with CEQA. The City Council hereby finds that the adoption of this Ordinance to replace Chapter 9.50 of the Brentwood Municipal Code in its entirety is exempt from the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) (CEQA) because it can be seen with certainty that there is no possibility that the adoption and implementation of this Ordinance will have a significant effect on the environment within the meaning of CEQA Guidelines Section 15061(b)(3).

SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance or its attachments is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity or enforceability of the remaining provisions. The City Council declares that it would have adopted each section, subsection, provision, sentence, and clause of this Ordinance irrespective of the validity of any other provision.

SECTION 5. Inclusion in the Brentwood Municipal Code. It is the intention of the City Council that the text set forth in Exhibit A be made a part of the Brentwood Municipal Code and that the text may be renumbered or re-lettered and the word "Ordinance" may be changed to "Section," "Chapter," or such other appropriate word or phrase to accomplish this intention.

SECTION 6. Publication and Effective Date. This Ordinance shall be published in accordance with Government Code Section 36933 by either posting or publishing a summary of the Ordinance or the Ordinance in accordance with that law.

The City Clerk is further directed to cause Chapter 9.50, as provided in Exhibit A, to be entered in the Brentwood Municipal Code. This Ordinance shall take effect and be in force 30 days following its adoption.

THE FOREGOING ORDINANCE was introduced with the first reading waived by the City Council of the City of Brentwood on the 28th day of July 2026 by the following vote:

Exhibit A
Chapter 9.50
Chapter 9.50 CANNABIS FACILITIES AND CULTIVATION
§ 9.50.010. Purpose.

The purpose and intent of this chapter is to prohibit, to the fullest extent legally permitted, all commercial cannabis activities within the city limits. This chapter does not prohibit the personal use or personal cultivation of cannabis that complies with applicable state law and this chapter. Cannabis remains regulated as a controlled substance under federal law, notwithstanding activities authorized under California law. Additionally, there is evidence of an increased incidence of crime-related secondary impacts in locations associated with cannabis facilities and in connection with cannabis deliveries, which is contrary to policies intended to promote and maintain the public’s health, safety, and welfare.
§ 9.50.020. Definitions.

The following definitions apply to this chapter. Unless the context clearly indicates otherwise, references to cannabis, cannabis products, cannabis facilities, and commercial cannabis activities include both medicinal and nonmedicinal cannabis. “Cannabis” (also known as “marijuana”) means any or all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not, the seeds thereof, the resin or separated resin, whether crude or purified, extracted from any part of the plant; and every compound, manufactured, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this chapter, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code.
“Cannabis Facility” means any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, whether fixed or mobile location, a Commercial Cannabis Activity whether for medicinal or recreational or other purposes, for which engaging in, conducting, or carrying on, said activity requires a state license, permit, or registration of any kind, or nonprofit license under Business and Professions Code Section 26000 et seq., including, but not limited to, cannabis cultivation, cannabis distribution, cannabis transportation or delivery, cannabis storage, manufacturing of cannabis products, cannabis packaging or processing, cannabis laboratory testing, the sale of any cannabis or cannabis products, cannabis dispensary and the operation of a cannabis microbusiness.

“Cannabis product” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients, whether for medicinal or recreational or other purposes.
“Commercial Cannabis Activity” means the cultivation, possession, manufacturing, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products for commercial purposes, or any other related activity specifically involving cannabis or cannabis products, whether for profit or nonprofit, and whether for medicinal or recreational or other purposes, whether fixed or mobile location, and for which a state license, permit, or registration of any kind, is required.
“Cultivation” or to “cultivate” means any activity involving the planting, growing, harvesting, drying, curing, grading, processing of any kind, or trimming of cannabis.

Cultivation can be considered commercial or non-commercial. “Delivery” means the commercial transfer of cannabis or cannabis products to a customer.
“Distribute” or “distribution” means the procurement, wholesale sale, and transport of cannabis products between entities requiring to be permitted or licensed under this chapter, another local California jurisdiction, or state law. “Establish” or “operate” a Cannabis Facility or Commercial Cannabis Activity means and includes any of the following:

The opening or commencement of the operation of a Cannabis Facility or Commercial Cannabis Activity;
The conversion of an existing business, facility, use, establishment, or location to a Cannabis Facility or Commercial Cannabis Activity; or The addition of a Cannabis Facility or Commercial Cannabis Activity to any other existing business, facility, use, establishment or location. “Responsible Person” or “Responsible Parties” means each person committing, causing, maintaining, knowingly permitting, or allowing a violation or nuisance condition on a parcel of real property located within the City of Brentwood in violation of the Brentwood Municipal or Zoning Code; each person who has an ownership interest in that property and has actual knowledge of the violation or, after receiving notice of the violation, fails to take reasonable steps within the person’s legal authority to correct it; and each person who although not an owner, nevertheless has a legal right or a legal obligation to exercise possession and control over that property, including, but not limited to, the landowner, lessee, tenant, or subtenant.

In the event that the person who commits the violation or causes the violating condition is a minor, then the minor’s parent or legal guardian shall be deemed as an

additional Responsible Party, only if the parent or legal guardian commits, causes, maintains, knowingly permits, or knowingly allows the violation.

In the event that the violation or violating condition is most reasonably attributable to a business and not to an employee, then that business, to the extent it is a legal entity such that it can sue and be sued in its own name, and each person who is an owner, member, or officer of that business or knowingly permits the business activity giving rise to the violation shall be deemed to be additional Responsible Parties if that person knowingly permits the business activity giving rise to the violation.

This definition does not preclude multiple individuals or entities from being Responsible Parties. All individuals or entities that fall under this definition shall be considered individually a Responsible Person and collectively as the Responsible Parties. The imposition of liability under this definition remains subject to all notice, knowledge, opportunity-to-cure, and other protections required by applicable law, including Government Code Section 53069.4.
§ 9.50.030. Cannabis Facilities prohibited.

Except as expressly authorized by Sections 9.50.050 and 9.50.060 or other applicable law, Cannabis Facilities, whether or not medicinal in whole or in part, whether or not holding an active license or permit from a governmental agency, whether at a fixed or mobile location, are prohibited and declared a public nuisance in all zoning districts, specific plan areas, overlay zones and planned development zones in the city and shall not be established or operated anywhere in the city. The city shall not issue, approve or grant any permit, license or other entitlement for the establishment or operation of a Cannabis Facility within the city. No person may be the lessor of property where a Cannabis Facility is located. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any Cannabis Facility in the city.
§ 9.50.040. Commercial Cannabis Activities prohibited.

Except as expressly authorized by Sections 9.50.050 and 9.50.060 or other applicable law, Commercial Cannabis Activities, whether or not holding an active license or permit from a governmental agency, whether fixed or mobile location, are prohibited and declared a public nuisance in all zoning districts, specific plan areas, overlay zones and planned development zones, in the city and shall not be established or operated anywhere in the city.

Cannabis delivery, distribution, and transport within city limits is explicitly prohibited in section 9.50.060 with an exception described therein. Cannabis plant possession, cultivation, harvest, drying, and processing is explicitly prohibited in section 9.50.050 with an exception described therein. The city shall not issue, approve or grant any permit, license or other entitlement for the establishment or operation of a Commercial Cannabis Activities. No person may lease, rent, or otherwise make property available for the establishment or operation of a Cannabis Facility prohibited by this chapter. No person may participate as an employee, contractor, agent,

volunteer, or in any manner or capacity in any Commercial Cannabis Activities in the city.
§ 9.50.050. Cannabis cultivation prohibited.

A. It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel in any zoning district, specific plan areas, overlay zones and planned development zones in the city, upon which the person knows, or by exercising reasonable care and diligence, should know that such parcel is being used for the possession, cultivation, harvest, drying, or processing of cannabis plants, regardless of whether such cultivation is indoor or outdoor, and regardless of whether such cultivation is for medical, commercial, recreational, or personal uses, except if in compliance with subsection B below. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued by the city for any such use or activity.

B. It is hereby declared to be unlawful and a public nuisance for any person to plant, cultivate, harvest, dry, or process cannabis plants for any purpose (i.e. medicinal, recreational, commercial, non-commercial), whether inside or outside, whether fixed or mobile location, whether or not holding an active license or permit from a governmental agency, unless in compliance with all of the following:

1. The prohibition in this section shall not prohibit a person twenty-one years of age or older from engaging in the indoor cultivation of six or fewer live cannabis plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured, to the extent such cultivation is authorized by Health and Safety Code Sections 11362.1 and 11362.2, provided that the owner of the property provides written consent expressly allowing the cannabis cultivation that is occurring to occur.

2. The person conducting the cannabis cultivation shall comply with all applicable Building Code requirements set forth in Title 15 of the municipal code. There shall be no use of gas products (including, but not limited to, CO2, butane, propane, and natural gas). The living plants and any cannabis produced by the plants must be kept within the person’s private residence and must be secured in a locked space, and are not visible by normal unaided vision from a public place.

3. All personal cultivation must comply with all local ordinances and state regulations.
§ 9.50.060. Cannabis delivery and transport prohibited.

A. Except as set forth in subsection B and C, no person and/or entity that is located outside or within the city may distribute, deliver, or transport cannabis from any fixed or mobile location, for any purpose, whether or not holding an active license or permit from a governmental agency, to any person in the city and any such

distribution, delivery, or transport is prohibited in all zoning districts, specific plan areas, overlay zones, and planned development zones in the city.

B. Nothing in this chapter prohibits a person holding a valid state cannabis license from transporting cannabis or cannabis products on public roads in compliance with applicable state law, including transportation through the city that does not involve delivery to a recipient in the city.

C. As an exception to subsection A, and as required by the Medicinal Cannabis Patients’ Right of Access Act (Business and Professions Code Sections 26320, et seq.) a person licensed under Division 10 of the Business and Professions Code and authorized under state law to engage in retail sale by delivery of medicinal cannabis may deliver medicinal cannabis to a medicinal cannabis patient, subject to the following requirements:

1. Deliveries of medicinal cannabis to a medicinal cannabis patient must be made to fixed addresses permitted by state law and may not occur at locations such as schools, day care centers, youth centers, public parks and open spaces, public buildings, and establishments serving food or beverages or other locations at which delivery is prohibited by state law.

2. A retailer with a physical address outside of the city that wishes to deliver medicinal cannabis or medicinal cannabis products to a patient or customer within city limits is required to obtain a city business license prior to commencing any delivery service within city limits.

3. All medicinal cannabis or medicinal cannabis products must be securely packaged and labeled according to state regulations, ensuring that they are not accessible to minors during transit.

4. Delivery vehicles must adhere to safety and security standards, which include GPS tracking, alarms, and secure storage.

5. The delivery of cannabis accessories, branded merchandise of the licensee, or promotional materials is prohibited, except for any equipment, products or materials necessary to enable a qualified patient to ingest, inhale, or otherwise introduce cannabis or cannabis products into the human body.

6. This section shall not be interpreted as prohibiting medicinal cannabis patients within the city from purchasing by delivery sufficient medicinal cannabis to meet their demands in a timely and readily accessible manner.

7. No requirement of this section shall be interpreted or enforced in a manner that conflicts with the Medicinal Cannabis Patients’ Right of Access Act.
§ 9.50.070. State and federal law prohibitions and restrictions.

A. A purpose of this chapter is to prohibit all Commercial Cannabis Activities for which a state or other governmental license, permit, or other type of authorization is

required. Accordingly, the city shall not issue any permit, license or other entitlement for any Commercial Cannabis Activity.

B. Nothing contained in this chapter shall be deemed to permit or authorize any use or another activity that is otherwise prohibited by any state or federal law.

C. Nothing in this chapter shall be applied to prohibit personal cultivation authorized by Section 9.50.050, medicinal-cannabis delivery authorized by Section 9.50.060, or transportation on public roads protected by applicable state law. § 9.50.080. Violations and Enforcement.

A. Any person who willfully commits, causes, or maintains a violation of any provision of this chapter, or who knowingly permits a violation to occur or continue, is guilty of a misdemeanor and subject to the penalties and procedures of this Code. The mental-state requirement in this subsection applies only to criminal liability and does not limit civil or administrative enforcement to the extent otherwise authorized by law. In the event of any conflict between the penalties enumerated under Title 1 or this chapter and any penalties set forth in state law, the maximum penalties allowable under state law shall govern. Any public nuisance that falls under the purview of this chapter is subject to the penalties and procedures, including any rights of appeal, of this Code.

B. Any violations or non-compliance with the provisions of this chapter are unlawful and constitute a public nuisance, and the city may, in addition to or in lieu of prosecuting a criminal action, commence an administrative or civil action(s) or proceeding(s), for the abatement, removal and enjoinment thereof, in any manner provided by law, and may take such other steps and may apply to such court or courts as may have jurisdiction to grant such relief to abate, cause cessation, or remove such commercial cannabis business and restrain and enjoin any person from operating, conducting or maintaining a commercial cannabis business contrary to the provisions of this chapter.

C. In addition to the penalties set forth in this chapter, an Administrative Citation may be immediately issued by any employee authorized to issue such citations under this code to any Responsible Person for any condition caused or permitted to exist in violation of any of the provisions of this chapter as follows, and as procedurally outlined, including appeal rights if applicable, under chapter 1.24 of this Code:

1. Each violation involving unlicensed Commercial Cannabis Activity that qualifies for immediate administrative penalties under applicable law of this chapter shall be subject to an administrative citation penalty of $1,000.00 per plant or per violation per day, which shall not exceed $10,000 per day. This subparagraph shall not be construed to limit the imposition of larger fines that are otherwise authorized by applicable law.

2. To the extent authorized by Government Code Section 53069.4, an administrative citation may impose an immediate penalty for a violation of local zoning restrictions or building, plumbing, electrical, other similar structural, or health and safety requirements when the violation exists as a result of, or to facilitate, the unlicensed cultivation, manufacturing, processing, distribution, or retail sale of cannabis for which a license is required under Division 10 of the Business and Professions Code.

3. Immediate administrative penalties under this subsection shall not be imposed for lawful personal cultivation, authorized medicinal-cannabis delivery, commercial cannabis activity undertaken pursuant to a valid state license and applicable state regulations, transportation protected by applicable state law or any activity exempt from state licensing.

4. Immediate administrative penalties under this subsection shall not be imposed on a rental-property owner or agent without first providing a reasonable period to correct or remedy the violation when all conditions stated in Government Code Section 53069.4(a)(2)(E), as that section may be amended, are satisfied.

D. Each Responsible Person shall be subject to a separate civil or administrative violation for each and every day, or part thereof, during which a violation of this chapter, or of any law or regulation referenced herein, that is allowed, committed, continued, maintained or permitted by such person, and shall be subject to enforcement accordingly. Criminal liability under this subsection remains subject to the mental-state requirement in subsection A.

E. Whenever this chapter makes any act or omission unlawful, the prohibition includes causing, permitting, allowing, aiding, abetting, suffering, or concealing such act or omission. To the extent authorized by applicable law, civil and administrative liability for a violation of this chapter may be imposed jointly and severally on a property owner or other Responsible Person without proof of intent, fault, or negligence, provided that the person otherwise satisfies the applicable definition of Responsible Person and subject to all applicable knowledge, notice, and opportunity-to-cure requirements. Joint and several liability for immediate administrative fines imposed on a property owner or an owner of an occupant business entity shall be limited to the circumstances authorized by Government Code Section 53069.4.

F. The code enforcement officer or other duly authorized representative may monitor and enforce as appropriate the provisions of this chapter. No person shall knowingly interfere with, oppose, or resist any authorized person charged with the enforcement of this chapter while such person is engaged in the performance of official duties. Violators may be punished pursuant to Section 1.16.010 of this Code.

G. The penalties set forth in this chapter are cumulative and in addition to all other remedies, violations, and penalties set forth in this chapter, the city’s code, or in any other ordinance, laws, rules or regulations of the city, county, or the State of California.

H. Notwithstanding Section 1.16.050, where the Enforcement Officer makes written findings, based on specific facts, that that a violation of this chapter relating to real property constitutes an immediate threat to public health or safety, the City may record a Notice of Pending Action immediately. The written findings shall identify the violation, describe the nature and immediacy of the threat, and explain why the ordinary pre-recordation procedures cannot be completed without materially increasing or prolonging the threat. Except as otherwise provided in this subsection, the procedures set forth in Section 1.16.050 shall apply. In such circumstances:

1. The notice required by Section 1.16.050(B)(1) shall not be required to provide a reasonable time limit to bring the property into compliance prior to recordation;

2. The City may record the Notice of Pending Action before completion of the appeal procedures otherwise described in Section 1.16.050(B)(2) and (3);

3. Written notice of the recordation shall be provided in the manner described in Section 1.16.050(B)(1) within five (5) business days following recordation;

4. Any appeal under Section 1.16.050(B)(2) shall be treated as a postrecordation appeal; and

5. Section 1.16.050(B)(4) shall continue to apply.

I. The city may enforce this chapter in any manner permitted by law. The violation of this chapter shall be and is hereby declared to be a public nuisance and contrary to the public interest and shall, at the discretion of the city, create a cause of action for injunctive relief. In addition, violators may be punished pursuant to Title 1, 5, 8 and 17 of this code. These remedies are deemed to be cumulative and in addition to all other remedies under this code and state and federal law.

J. Nothing in this chapter shall be construed as a limitation on the city's authority to abate any nuisance which may otherwise exist from the planting, growing, harvesting, drying, processing or storage of cannabis plants or any part thereof from any location, indoor or outdoor, including from within a fully enclosed and secure building, as long as such abatement is consistent with state law.

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD REPEALING CHAPTER 17.780 (CANNABIS

FACILITIES AND CULTIVATION) AND REPLACING IT IN ITS
ENTIRETY WITH A NEW CHAPTER 17.780 (CANNABIS

FACILITIES AND CULTIVATION) OF THE BRENTWOOD

MUNICIPAL CODE TO REGULATE CANNABIS ACTIVITIES WITHIN

THE CITY OF BRENTWOOD
WHEREAS, on November 8, 2016, California voters approved the Control, Regulate and Tax Adult Use of Marijuana Act (“AUMA”), which enacted provisions governing adult-use cannabis, including provisions now codified in Division 10 of the Business and Professions Code allowing individuals to possess, use, and cultivate recreational cannabis in certain amounts. Under this new State law, an adult individual may possess up to 28.5 grams of non-concentrated cannabis or 8 grams of cannabis in a concentrated form (e.g., cannabis edibles); and WHEREAS, except as provided in the Medicinal Cannabis Patients’ Right of Access Act, Division 10 of the Business and Professions Code does not supersede or limit the City’s authority to regulate businesses licensed under that division, including through local zoning, land use, and business-license requirements; and WHEREAS, Business and Professions Code Section 26200 provides that cities may “completely prohibit the establishment or operation of one or more types of businesses licensed under” Division 10 of the Business and Professions Code; and WHEREAS, subject to applicable state law, cities retain broad authority to regulate commercial cannabis businesses and land uses, including by prohibiting one or more types of licensed cannabis businesses or establishing a local regulatory framework for such businesses; and
WHEREAS, on October 24, 2017, the City Council amended Brentwood Municipal Code Chapters 9.50 and 17.780 to prohibit, in express terms, medical and recreational cannabis dispensaries, cannabis cultivation facilities, commercial cannabis activities, and medical cannabis deliveries; and WHEREAS, in 2022 the California Legislature passed and Governor Gavin Newsom signed into law SB 1186 (Wiener), the Medicinal Cannabis Patients’ Right of Access Act (the “Act”). Beginning January 1, 2024, the Act bars a city from adopting or enforcing any regulation that directly or indirectly prohibits retail delivery of medicinal cannabis to eligible patients or caregivers in the city; and WHEREAS, on September 19, 2023, the Planning Commission held a public hearing to consider the adoption of a resolution recommending that the City Council repeal and replace Chapter 17.780 of the Brentwood Municipal Code. Following the

public hearing, the Planning Commission adopted a resolution recommending approval of the ordinance; and
WHEREAS, on October 24, 2023, the City Council adopted an ordinance repealing Chapter 17.780 (Medical Marijuana Facilities) of the Brentwood Municipal Code and replacing it in its entirety with a new Chapter 17.780 (Cannabis Facilities and Cultivation); and
WHEREAS, on May 5, 2026, the Planning Commission held a duly-noticed public hearing to consider proposed amendments repealing and replacing Chapter

17.780 of the Brentwood Municipal Code to maintain the City’s prohibition of cannabis facilities and commercial cannabis land uses to the fullest extent permitted by state law The Planning Commission voted unanimously to adopt Resolution No. 26-003 recommending adoption of the Ordinance; and
WHEREAS, in order to protect the public health, safety, and welfare, the City Council desires to amend Brentwood Municipal Code Chapter 17.780 to prohibit cannabis facilities and commercial cannabis land uses to the fullest extent permitted by state law while recognizing activities protected by state law; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

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

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

SECTION 2. Zoning Text Amendment. The City Council hereby finds that, with respect to Brentwood Municipal Code Section 17.870.008:

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

This zoning text amendment is consistent with the City of Brentwood General Plan (as updated July 2014), insofar as it implements General Plan Land Use Policy LU 1-1 (“Maintain a supply of developable commercial, business park, mixed-use, and residential lands sufficient to meet desired growth and economic needs over the planning period”). The Ordinance does this by maintaining the City’s prohibition on the establishment of cannabis cultivation facilities, medical cannabis facilities, and non-medical cannabis facilities, while allowing for the State-mandated delivery of medicinal cannabis, as required by Senate Bill 1186 (2022). The proposed action is thus neither inappropriate

nor otherwise contrary to the public interest, as it carries out the directive of State law.

SECTION 3. Repealing and Replacing Former Chapter 17.780.

Brentwood Municipal Code Chapter 17.780 is hereby repealed and replaced in its entirety with a new Chapter 17.780, as set forth in Exhibit “A”, attached hereto and incorporated herein by reference.

SECTION 4. Compliance with CEQA. The City Council hereby finds that the adoption of this Ordinance to replace Chapter 17.780 of the Brentwood Municipal Code in its entirety is exempt from the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) (CEQA) because it can be seen with certainty that there is no possibility that the adoption and implementation of this Ordinance will have a significant effect on the environment, and the Ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3).

SECTION 5. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance or its attachments is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, the holding shall not affect the validity or enforceability of the remaining provisions. The City Council declares that it would have adopted each provision of this ordinance irrespective of the validity of any other provision.

SECTION 6. Inclusion in the Brentwood Municipal Code. It is the intention of the City Council that the text in Exhibit A of this Ordinance be made a part of the Brentwood Municipal Code and that the text may be renumbered or relettered and the word "Ordinance" may be changed to "Section," "Chapter," or such other appropriate word or phrase to accomplish this intention.

SECTION 7. Publication and Effective Date. This Ordinance shall be published in accordance with Government Code Section 36933 by either posting or publishing a summary of the Ordinance or the Ordinance in accordance with that law.

The City Clerk is directed to cause Chapter 17.780, as provided in Exhibit A, to be entered in the Brentwood Municipal Code. This Ordinance shall take effect and be in force 30 days following its adoption.

THE FOREGOING ORDINANCE was introduced with the first reading waived by the City Council of the City of Brentwood at a regular meeting held on the 28th day of July 2026 by the following vote:

EXHIBIT A
Chapter 17.780
Chapter 17.780 CANNABIS FACILITIES AND CULTIVATION
§ 17.780.010. Purpose.

The purpose of this chapter is to prohibit Cannabis Facilities and Commercial Cannabis Activities as land uses in all zoning districts, specific plan areas, overlay zones, and planned development zones within the city to the fullest extent permitted by state law. This chapter shall be interpreted consistently with Chapter 9.50. § 17.780.020. Definitions.

The capitalized terms “Cannabis,” “Cannabis Facility,” “Commercial Cannabis Activity,” “Cultivation,” and “Delivery” have the meanings stated in Section 9.50.020. § 17.780.030. Cannabis Facilities Prohibited.

Except as expressly authorized by Chapter 9.50 or applicable state law, Cannabis Facilities are prohibited uses in all zoning districts, specific plan areas, overlay zones, and planned development zones within the city. No Cannabis Facility may be established, operated, maintained, or expanded within the city. The city shall not issue or approve any use permit, variance, building permit, business license, or other permit or entitlement authorizing a Cannabis Facility prohibited by this section.

Nothing in this section requires the city to issue a building permit or other ministerial permit for an activity prohibited by Chapter 9.50 or this chapter. § 17.780.040. Commercial Cannabis Activities Prohibited.

Except as expressly authorized by Chapter 9.50 or applicable state law, Commercial Cannabis Activities are prohibited uses in all zoning districts, specific plan areas, overlay zones, and planned development zones within the city. No Commercial Cannabis Activity may be established, operated, maintained, or expanded within the city. The city shall not issue or approve any use permit, variance, building permit, business license, or other permit or entitlement authorizing a Commercial Cannabis Activity prohibited by this section. Nothing in this section requires the city to issue a building permit or other ministerial permit for an activity prohibited by Chapter 9.50 or this chapter.
§ 17.780.050. Personal Cultivation.

Personal cultivation of cannabis is governed by Section 9.50.050. Nothing in this chapter shall be interpreted to prohibit indoor personal cultivation that the city is prohibited from banning under Health and Safety Code Sections 11362.1 and 11362.2. The city may regulate or prohibit outdoor personal cultivation to the extent permitted by state law.
§ 17.780.060. Delivery and Transportation.

Medicinal cannabis delivery and the transportation of cannabis or cannabis products on public roads are governed by Section 9.50.060. Nothing in this chapter shall be interpreted or enforced to prohibit delivery or transportation protected by applicable state law.
§ 17.780.070. Enforcement.

A violation of this chapter is unlawful and constitutes a public nuisance. The city may enforce this chapter through any criminal, civil, administrative, nuisance-abatement, or other remedy authorized by Chapter 9.50, Title 1, or applicable law. The remedies available under this section are cumulative.
§ 17.780.080. Interpretation.

In the event of a conflict between this chapter and Chapter 9.50, the provisions shall be harmonized to the extent reasonably possible. If the provisions cannot be harmonized, the more specific provision shall govern. Nothing in this chapter authorizes a use or activity prohibited by Chapter 9.50 or applicable state or federal law, and nothing in this chapter prohibits an activity that the city is precluded from prohibiting under state law.

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD ESTABLISHING AN ADMINISTRATIVE CITATION
FINE FOR VIOLATIONS OF CHAPTERS 9.50 AND 17.780 OF THE

BRENTWOOD MUNICIPAL CODE AND MAKING SUPPORTING

FINDINGS
WHEREAS, Article XI, Section 7 of the California Constitution allows the City to impose administrative fines, penalties, fees and charges that are not in conflict with the general laws of the State; and
WHEREAS, the administrative citation fine established by this Resolution is imposed as a consequence of a violation of the Brentwood Municipal Code and is not imposed for a requested City service, product, benefit, privilege, or permit; and WHEREAS, Government Code Section 53069.4(a)(1) authorizes a local agency, by ordinance, to make violations of its ordinances subject to an administrative fine or penalty, and the City Council has adopted administrative procedures governing the imposition, enforcement, collection, and administrative review of administrative fines and penalties; and
WHEREAS, Article XIII C, Section 1(e)(5) of the California Constitution excludes from the definition of a tax a fine, penalty, or other monetary charge imposed by a local government as a result of a violation of law; and WHEREAS, Government Code Section 53069.4(a)(2)(B) authorizes a local agency to declare commercial cannabis activity undertaken without a license as required by Division 10 (commencing with Section 26000) of the Business and Professions Code to be a public nuisance and to provide for the immediate imposition of administrative fines or penalties for specified violations resulting from or facilitating that unlicensed commercial cannabis activity; and
WHEREAS, Government Code Section 53069.4(a)(2)(D) provides that administrative fines or penalties that are immediately imposed pursuant to an ordinance adopted under Government Code Section 53069.4(a)(2)(B) shall not exceed one thousand dollars ($1,000) per violation or ten thousand dollars ($10,000) per day; and
WHEREAS, on October 28, 2025, the City Council adopted Resolution No. 2025–109, which adopted the FY 2025/26 Cost Allocation Plan and Schedule of City Fees; and
WHEREAS, on July 28, 2026, following a public hearing, the City Council voted to waive the first reading of and introduce Ordinance No. ___ to repeal and replace

Brentwood Municipal Code Chapter 9.50 Cannabis Facilities and Cultivation and Ordinance No. ___ to repeal and replace Chapter 17.780 Cannabis Facilities and Cultivation; and
WHEREAS, an administrative fine is proposed that is not currently included in the FY 2025/26 Cost Allocation Plan and Schedule of City Fees consisting of up to one thousand dollars ($1,000) per violation involving unlicensed commercial cannabis activity that qualifies for immediate administrative penalties under Government Code Section 53069.4(a)(2)(B) to be imposed upon an owner or other responsible person, subject to the liability standards, notice requirements, correction periods, administrative procedures, and other limitations established by the Brentwood Municipal Code and Government Code Section 53069.4; and WHEREAS, the City Council has considered the information provided to it by those testifying and has reviewed and considered the information provided in the staff report and staff presentation, and has read and considered the Cost Allocation Plan and Schedule of City Fees and supporting data.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby resolve as follows:

Section 1. Findings
The City Council makes each of the following findings:

A. Violations of Chapters 9.50 and 17.780 may require the City to undertake investigation, enforcement, administrative, nuisanceabatement, and related activities. The administrative citation fine is intended to deter violations, encourage prompt compliance, protect public health, safety, and welfare, and support effective enforcement of the Brentwood Municipal Code.

B. The administrative citation fine is imposed as a consequence of a violation of law and is not imposed for general revenue purposes. The fine is intended to support enforcement of Chapters 9.50 and 17.780, deter violations, and encourage prompt compliance.

Section 2. Effective Date of Fine
The administrative citation fine provided in this Resolution shall become effective September 11, 2026, provided that the ordinances repealing and replacing Chapters 9.50 and 17.780 have taken effect on or before that date.

If either ordinance has not taken effect by September 11, 2026, the administrative citation fine applicable to that chapter shall become effective on the effective date of the applicable ordinance.

Section 3. Severability
Each component of the administrative citation fine and all portions of this Resolution are severable. Should any individual component of the administrative citation fine or other provision of this Resolution be adjudged to be invalid and unenforceable, the remaining provisions shall be and continue to be fully effective, and the administrative citation fine shall be fully effective except as to that portion that has been judged to be invalid.

Section 4. Schedule of City Fees Amendment:

The City of Brentwood Schedule of City Fees is hereby amended to add:

A. An administrative citation fine of up to one thousand dollars ($1,000) per violation of Chapter 9.50 or Chapter 17.780 involving unlicensed commercial cannabis activity that qualifies for immediate administrative penalties under Government Code Section 53069.4(a)(2)(B) may be imposed upon a person subject to administrative liability under the Brentwood Municipal Code and applicable law, following a determination by a City employee with enforcement authority, hearing officer, or other authorized decisionmaker that the owner or responsible person violated Chapter 9.50 and/or Chapter 17.780 of the Brentwood Municipal Code (BMC), subject to a maximum aggregate amount of ten thousand dollars ($10,000) per day and all other limitations and procedures established by the Brentwood Municipal Code and Government Code Section 53069.4.

B. Nothing in this Resolution independently authorizes the imposition of an administrative citation fine or expands the persons, activities, or violations subject to administrative liability under Chapters 9.50 and

17.780. The authority and procedures for imposing the administrative citation fine are governed by the Brentwood Municipal Code and applicable law.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 28th day of July 2026 by the following vote:

CITY COUNCIL AGENDA ITEM NO. F.2
07/28/2026
SUBJECT: An amendment to the Downtown Specific Plan (SPA 25-001) and the Brentwood Municipal Code to allow tattoo parlors as a permitted use, subject to Administrative Design Review
DEPARTMENT: Community Development
STAFF: Alexis Morris, Director of Community Development Erik Nolthenius, Planning Manager

TITLE/RECOMMENDATION
Introduce and waive the first reading of an Ordinance approving a text amendment to the Downtown Specific Plan (DSP) to allow for tattoo parlors.

The amendment is exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that there is no possibility that the amendment may have a significant effect on the environment.

FISCAL IMPACT
There is no fiscal impact to amending the DSP, other than the time spent for staff to process it.

BACKGROUND
The DSP was originally adopted by the City Council on November 16, 2005. As noted at the beginning of the document:
“The Downtown Specific Plan is established to coordinate public and private investment in the City’s Downtown District to fulfill the community’s intention for the Downtown to remain the heart of the Brentwood community as the City goes through a period of explosive growth and change. It is both a policy document and an implementation tool, in that it contains both a strategy to manage growth and a regulatory policy to guide and govern future development within the Plan area.”
The land use map for the Downtown in the DSP is divided into seven district zones, each of which has its own list of permitted and conditionally permitted uses, as well as development standards.

CITY COUNCIL AGENDA ITEM NO. F.2
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The DSP has been amended four times over the years, as follows:
 August 26, 2008, to accommodate the Civic Center project;  June 24, 2014, to address a City Council strategic initiative that included, among other things, identifying prohibited uses or uses of particular concern (e.g., tattoo parlors) for the first time in the document;  September 13, 2016, to accommodate the library project; and  September 26, 2017, to suspend in-lieu parking fees and parking requirements for non-residential projects.

JANUARY 28, 2025, CITY COUNCIL MEETING
On January 28, 2025, Vice Mayor Pierson and Council Member Oerlemans brought forth a future agenda item request to the City Council for consideration and discussion of a potential amendment to the Downtown Specific Plan to remove the prohibition on tattoo parlors and allow them as a permitted use. A total of 43 written comments were submitted by e-mail before the meeting, with 42 of those in support of allowing tattoo studios in the Downtown. During public comment at the meeting, there were a total of seven speakers, with six in support and one urging careful consideration before amending the DSP. This led to a lengthy discussion by the City Council. While there was a clear level of support for a straightforward amendment to allow tattoo studios, several questions and concerns were also raised, summarized as follows:
 Are tattoo studios the highest and best use for the Downtown, given the desire for more entertainment and retail uses?
 Would a comprehensive update to the DSP be a better option to determine if tattoo studios are indeed appropriate?
 Would the City potentially be taking property and/or space away from other businesses that may be a better fit for the Downtown?
 If tattoo studios are indeed allowed, should they be regulated with some sort of cap or potentially limited through spacing requirements?  What are the economic development impacts as a whole of allowing tattoo studios in the Downtown?
 How does the community (Downtown Brentwood Coalition (DBC), other businesses in the Downtown, and residents) feel about allowing tattoo studios? Ultimately, the City Council unanimously adopted a motion to have staff spend time and resources on this item and bring it back for additional consideration. The motion included direction for staff to provide background information on the pros and cons

CITY COUNCIL AGENDA ITEM NO. F.2
07/28/2026
of allowing tattoo studios in the Downtown, specifically as it relates to economic development impacts, as well as potential legal implications.

MAY 27, 2025, CITY COUNCIL MEETING
On May 27, 2025, the City Council further considered the possibility of amending the DSP. A total of 20 written comments in support were submitted by e-mail before the meeting. During public comment at the meeting, there were a total of 16 speakers, all of whom supported amending the DSP. This was followed by a lengthy discussion amongst the City Council, including the merits of the previously requested analysis provided by staff as to both the economic development impacts and potential legal implications of an amendment. This analysis was provided in the May 27, 2025, staff report (see Attachment 5) and is summarized as follows:

Economic Development Impacts
 Tattoo parlors create local job opportunities for the artists, receptionists, and support staff, contributing to employment in the area.
 They are likely to attract both regular clients and walk-in customers, increasing foot traffic and benefiting nearby businesses such as cafes, retail shops, and salons.
 The rate of daily client turnover (i.e., the number of clients served each day) depends on the number of artists working.
 While tattoo parlors typically serve fewer clients per day than salons, they are often categorized as having a similar economic impact. On average, they serve between 5 and 10 clients per day per artist, depending on the size and complexity of the tattoos being done.
 Tattoo parlors generate minimal sales tax revenue, as tattooing services are not subject to sales tax in California. The only sales tax revenue comes from the sale of retail products, merchandise, or if a store is operated alongside its services.

Potential Legal Implications
 The Ninth Circuit Court of Appeals has held that tattooing is “purely expressive activity fully protected by the First Amendment.” (Anderson v. City of Hermosa Beach (9th Cir. 2010) 621 F.3d 1051.) This does not mean that the City cannot regulate tattoo uses; it means that any such regulations must constitute reasonable “time, place, and manner” restrictions. (Anderson, at 1055.).  The court noted: This determination requires an inquiry into whether the restriction: (1) is ‘justified without reference to the content of the regulated speech’; (2) is ‘narrowly tailored to serve a significant governmental interest’;

CITY COUNCIL AGENDA ITEM NO. F.2
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and (3) ‘leave[s] open ample alternative channels for communication of the information.’ (Anderson, at 1064.).
 Staff recommended that if the City Council directed staff to amend the Downtown Specific Plan to include tattoo uses within its boundaries, that the City Council direct staff to identify appropriate time, place, and manner restrictions for future City Council consideration.

Ultimately, the City Council voted 3-2 (with Mayor Meyer and Council Member Mendoza voting no) to direct staff to amend the DSP to allow tattoo parlors as a permitted use, subject to an Administrative Design Review.

PROJECT DESCRIPTION
The proposed amendments to the Brentwood Municipal Code and the DSP reflect City Council direction from the May 27, 2025, City Council meeting. The proposed amendments include several text changes, summarized as follows:
 Clarifications to the administrative approval process to include tattoo parlors as uses that qualify;
 Minor non-substantive technical changes to section numbers, punctuation, etc.;
 Removing “similar uses subject to the approval of the zoning administrator” throughout the list of permitted uses in each district zone to further limit discretion;
 Adding tattoo parlors as permitted uses in several district zones and correspondingly removing them as prohibited uses; and
 Leaving tattoo parlors as prohibited uses in the remaining district zones, as they are not commercial zones.

ANALYSIS
Staff reviewed the DSP and prepared a redlined version of proposed changes so they can be easily reviewed by the City Council. The changes are fairly straightforward and are consistent with the direction provided by the City Council. If approved, the changes would result in the Downtown being the only area within the City where tattoo parlors are permitted by right (i.e., no CUP would be required).

One issue not discussed by the City Council, but that staff identified as important, is determining which district zones to permit tattoo parlors in. Given the variety of district zones in the DSP (see Attachment 6), and their respective locations, purposes,

CITY COUNCIL AGENDA ITEM NO. F.2
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and intents, staff does not recommend making tattoo parlors permitted use in every district. Rather, staff recommends that they be limited to the Downtown Core, Downtown General, Downtown Boulevard, and Western Gateway Neighborhood district zones. This would preserve the Brentwood Civic Center, Civic Core, and Residential Neighborhood district zones (which are predominantly civic, cultural, or residential areas) as currently written, with tattoo parlors prohibited.

IMPACTS TO EXISTING BUSINESSES
While not included as part of the proposed amendment, it should be noted that the Brentwood Municipal Code currently defines tattoo parlors as follows:
“Any establishment that places an indelible mark or figure upon the body by insertion or pigment on or under the skin or by the production of scars.” As drafted, the proposed amendment would provide regulations for the Downtown Specific Plan that are consistent not only with relevant case law, but also with appropriate time, place, and manner restrictions. It should be noted that there are existing businesses in the Downtown that provide services including cosmetic tattoos, microblading, and similar services that would fall under the broad definition of tattoo parlors. It should also be noted that the original version of the Downtown Specific Plan (November 2005) did not include a list of prohibited uses, and the current prohibition on tattoo parlors was implemented as part of the previous update approved by the City Council in 2014. Staff has not issued any formal approval to allow tattooing in the Downtown since the 2014 update, so it is possible that the existing businesses were either offering these services prior to that time or they did not request any sort of review by the City prior to offering those services. If the proposed amendment is not approved by the City Council, tattoo parlors would remain prohibited within the DSP area. Any compliance or enforcement determination involving an existing business would be evaluated based on the applicable law and the facts relating to that business.

PLANNING COMMISSION MEETING
The Planning Commission held a public hearing on the proposed amendment at its regular meeting of August 5, 2025. A total of three public comments were sent via e-mail after the agenda packet was published. In addition, a total of seven individuals provided public comments during the meeting. After a lengthy discussion about the pros and cons of amending the DSP, the Planning Commission voted 3-2 (with Commissioners Johnson and Jones voting no) to recommend that the City Council not adopt the draft ordinance to amend to DSP. The Planning Commission recommendation is contrary to the direction provided by the City Council and, if

CITY COUNCIL AGENDA ITEM NO. F.2
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accepted by the City Council, would maintain the status quo (i.e., tattoo parlors would continue to be prohibited within the DSP).

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTIONS
Previous actions taken by the City Council are included in Attachment 1.

DATE OF NOTICE
The City of Brentwood published a notice of public hearing in the Brentwood Press on July 17, 2026.

ENVIRONMENTAL DETERMINATION
The amendment is exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that there is no possibility that the amendment may have a significant effect on the environment, as more fully analyzed in the draft City Council Ordinance, included as Attachment 2.

ALTERNATIVE OPTIONS

1. Adopt the Ordinance drafted by staff but modify it in one or more ways to address any concerns.

2. Accept the Planning Commission’s recommendation and do not adopt an Ordinance amending the DSP. This would maintain the status quo (i.e., tattoo parlors would continue to be prohibited within the DSP).

ATTACHMENTS

1. Previous Actions

2. Draft City Council Ordinance

3. Excerpt of DSP in redline format showing proposed changes

4. Planning Commission Resolution No. 25-012

5. May 27, 2025, City Council Staff Report – Item G.2

6. Downtown District Zones Map – Page 67 of the Downtown Specific Plan

7. FPPC Determination

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

On November 16, 2005, the City Council adopted Resolution No. 2005-276 adopting the Downtown Specific Plan (GPA 05-05).

On August 26, 2008, the City Council adopted Resolution No. 2008-222 amending the Downtown Specific Plan (GPA 07-02) to add the Brentwood Civic Center District Zone to accommodate the Civic Center project.

On June 24, 2014, the City Council adopted Resolution No. 2014-95 amending the Downtown Specific Plan (GPA 14-001) to address technical amendments and land use policies such as applicability, signage, use categories, and prohibited uses or uses of particular concern.

On September 13, 2016, the City Council adopted Resolution No. 2016-126 amending the Downtown Specific Plan (GPA 16-001) to modify the development standards within the Civic Core District Zone to accommodate the Brentwood library project.

On September 26, 2017, the City Council adopted Resolution No. 2017-132 amending the Downtown Specific Plan (GPA 17-003) to temporarily suspend the in-lieu parking fee and parking requirements for non-residential projects, as well as a technical clean-up of the development regulations associated with the Civic Core District Zone.

On January 28, 2025, the City Council considered a future agenda item request from Vice Mayor Pierson and Council Member Oerlemans to study the possibility of amending the Downtown Specific Plan for the purpose of allowing tattoo studios.

On May 27, 2025, the City Council further considered the future agenda item request that was presented on January 28, 2025. Ultimately, by a 3-2 vote, the City Council directed staff to amend the Downtown Specific Plan to allow tattoo parlors as a permitted use, subject to an Administrative Design Review.

On August 5, 2025, the Planning Commission held a public hearing to consider amending the Downtown Specific Plan. The Planning Commission adopted Resolution No. 25-012 by a 3-2 vote (with Commissioners Johnson and Jones voting no) recommending that the City Council not adopt an ordinance amending the Downtown Specific Plan.

ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING AN AMENDMENT TO THE DOWNTOWN

SPECIFIC PLAN, AS INCORPORATED INTO THE BRENTWOOD

MUNICIPAL CODE, TO ALLOW FOR TATTOO PARLORS
WHEREAS, the City seeks to allow a broader range of personal service uses to support economic vitality and reflect evolving community preferences; and WHEREAS, the Ninth Circuit Court of Appeals has held that tattooing is “purely expressive activity fully protected by the First Amendment.” (Anderson v. City of Hermosa Beach (9th Cir. 2010) 621 F.3d 1051, 1060); and WHEREAS, tattoo parlors are currently identified as prohibited uses within the Downtown Specific Plan (“DSP”); and
WHEREAS, on May 27, 2025, the Brentwood City Council directed staff to prepare an amendment to the DSP to allow tattoo parlors on the condition of compliance with the California Safe Body Art Act (California Health and Safety Code section 119300, et seq.); and
WHEREAS, on August 5, 2025, the Planning Commission held a duly noticed public hearing and adopted Resolution No. 2025-012 recommending that the City Council not adopt the proposed ordinance; and
WHEREAS, the City Council held a duly noticed public hearing on July 28, 2026, to consider the proposed amendments; and
WHEREAS, the proposed amendments are consistent with the Brentwood General Plan and are not contrary to the public interest, health, safety, convenience, or welfare; and
WHEREAS, the proposed amendments are exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of this Ordinance may have a significant effect on the environment, in that the Ordinance merely reclassifies the regulatory status of one personal services use type (tattoo parlors), aligning it with similar uses already allowed within the DSP.

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

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

SECTION 2. Amendment. Pages 65 through 90 of the DSP are hereby amended as shown in Exhibit “A,” attached hereto and incorporated herein by reference. Revisions to existing text are redlined, and reflected in strikethrough for deletions and underline for additions.

SECTION 3. Findings.

The City Council finds the above amendments are in the public interest and consistent with the goals of the General Plan and Downtown Specific Plan.

Brentwood Municipal Code section 17.870.008 provides:

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

The amendments are consistent with the General Plan, including the following policies:
 Policy ED 2-1: Attract targeted commercial, industrial, and office development while encouraging a diversity of employment opportunities including jobs in agriculture, retail, professional services, manufacturing, and skilled trades.

The Ordinance supports this policy by allowing tattoo parlors, which are typically small businesses operated by licensed professionals engaged in skilled artistic trades. Permitting such use encourages economic diversity, supports entrepreneurship in the personal services sector, and broadens the City’s mix of professional and skilled employment opportunities.
 Policy ED 4-2: Prioritize a diversity of retail and resident-oriented service uses to facilitate pedestrian storefront shopping in the Downtown.

The Ordinance supports this policy by allowing tattoo parlors, which are often appointment-based, customer-facing businesses that contribute to an active storefront presence. By expanding the range of residentoriented personal service uses, the Ordinance enhances downtown’s role as a walkable, mixed-use destination and encourages a more diverse commercial environment.

The amendments are consistent with the Downtown Specific Plan, including the following policy:

 1.2(c) Critical Mass. Promote the development of the greater Downtown as the most mixed-use and vibrant district in the City. Increase opportunities to attract people to Downtown, whether it be as their place of residence, place of work, place for shopping and entertainment, or simply as a central place to gather and to enjoy meeting and interacting with fellow members of the Brentwood community.

The Ordinance advances this policy by allowing tattoo parlors as a new use that contributes to the diversity of services and experiences available in the Downtown. By broadening the mix of uses, the Ordinance helps activate storefronts, support entrepreneurship, and enhance Downtown’s role as a vibrant, inclusive, and engaging destination for both residents and visitors.

SECTION 4. CEQA. This Ordinance is exempt from CEQA Guidelines under Section 15061(b)(3), the “common sense” exemption, because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

In making this finding, the City has considered both the nature of the proposed ordinance and the factual setting in which it applies. The Ordinance amends the DSP to remove tattoo parlors from the list of prohibited uses and add them to the list of permitted uses in particular existing zoning districts in the DSP. The amendment does not authorize or approve any specific development project, construction activity, or change in allowable density or intensity of use. Instead, it simply reclassifies the regulatory status of one personal services use type (tattoo parlors), aligning it with similar uses already allowed within the plan area, such as retail sales, goods, and services, entertainment facilities, and other personal services.

Tattoo parlors operate similarly to other personal service uses already allowed by right in these districts, such as hair salons, nail salons, and cosmetology studios.

Like those uses, tattoo parlors typically occupy existing commercial tenant spaces, operate on an appointment basis or serve a limited number of walk-in clients, and have low daily customer volumes. Given these operational characteristics, tattoo parlors are not reasonably expected to generate materially greater more vehicle trips, parking demand, noise, water usage, or waste than comparable uses already permitted within the Downtown Specific Plan area.

Finally, tattoo parlors are regulated under the California Safe Body Art Act (Health & Safety Code § 119300, et seq.), which ensures operational health and safety requirements are met and enforced by Contra Costa County. These standards independently address any public health concerns unrelated to CEQA.

Accordingly, it can be seen with certainty that this Ordinance will not result in a significant effect on the environment, and is therefore properly exempt under CEQA Guidelines section 15061(b)(3).

SECTION 5. Effective Date; Publication Date. This Ordinance shall be published in accordance with Government Code section 36933. This Ordinance shall take effect 30 days after its adoption. The City Clerk is directed to cause the text to be entered in the Downtown Specific Plan of the City of Brentwood, as incorporated by the Brentwood Municipal Code as the City of Brentwood’s zoning ordinance for the area.

SECTION 6. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held invalid or unconstitutional by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, and portion thereof irrespective of the fact that any one or more portions may be declared invalid or unconstitutional.

THE FOREGOING ORDINANCE was introduced with the first reading waived by the City Council of the City of Brentwood at a regular meeting held on the 28th day of July 2026, by the following vote:

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f) Design Review Process. Any actions proposing physical changes to any parcel of land or existing structure or the proposed construction of new structures, shall be subject to Design Review and shall be reviewed for consistency with all applicable DSP and General Plan provisions, and applicable City ordinances, standards and guidelines. A final Design Review determination shall be made prior to issuance of any building, grading or development permit, or other ministerial approval.

Design Review will be accomplished in one of the following ways:
1) Applications for Administrative Approval shall be reviewed and approved by staff, if found to be consistent with the purpose and requirements of the DSP for the following:
i) Exterior building modifications (including painting, new windows, etc.),; ii) sSigns,;
iii) aAdditions to existing structures up to 5,000 sq. ft. in size,; iv) nNew residential projects providing four units or less and minor site improvements; shall require an application for Administrative Design Review and shall be reviewed and approved by staff, if found to be consistent with the purposes and requirements of the DSP.
v) Tattoo parlors, as defined in the Brentwood Municipal Code, subject to Administrative Design Review. For purposes of reviewing a tattoo parlor under this paragraph, the City’s review shall be limited to compliance with the objective requirements applicable to the proposed location, premises, and any associated physical improvements. The review shall not be based on the content, viewpoint, style, subject matter, or perceived desirability of tattooing.

Before commencing operations, the operator shall provide evidence of the facility permits, practitioner registrations, and other authorizations required by Contra Costa County pursuant to the California Safe Body Art Act, Health and Safety Code section 119300 et seq.

Once deemed complete, an application for Administrative Design Review typically requires a processing time of two to four weeks.
2) Applications for Planning Commission Approval: New commercial, retail or office structures or additions of 5,000 square feet or more, new residential projects providing five or more new residential units, major site improvements, and projects associated with another discretionary application (e.g. a Development Agreement, Conditional Use Permit, Variance, Tentative Subdivision Map, or Disposition and Development Agreement) shall be reviewed by the Planning Commission and/or City Council as required by the BMC. Once deemed complete, an application for Planning Commission Design Review typically requires a processing time of four to twelve weeks.

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2.2. SITE DEVELOPMENT STANDARDS
Site Development Standards are organized by District Zones and govern the disposition and development of each property.

2.2.1. District Zones
To insure that individual private actions contribute properly to the development of the larger district, the following District Zones are established as the basic organizing principle of the regulations contained in this section (see Downtown District Zones map that follows):
a) Brentwood Civic Center – designated parcels having frontage on the west side of Oak Street between Second Street and just north of Third Street and along Second Street between Maple Street and Oak Street.
b) Downtown Core – designated parcels having frontage on First Street between Chestnut and Maple Streets, on Oak Street between Brentwood Boulevard and Second Street, and on Second Street between Oak and Maple Streets. c) Civic Core – designated parcels having frontage on Oak Street between Second and Fourth Streets, on Third Street along City Park, and on Maple Street along City Park. d) Downtown General – designated parcels having frontage on First and Second Streets between Maple and Pine Streets.
e) Downtown Boulevard – designated parcels having frontage on Brentwood Boulevard throughout the DSP project area, on Pine Street between Brentwood and Diablo Way, on Birch Street between Brentwood and Diablo Way, on Elm Street between Brentwood and Diablo Way, on Peachtree Court between Brentwood and Diablo Way, and on Fir Street between Brentwood and Diablo Way.
f) Western Gateway Neighborhood – designated parcels having frontage on Walnut Boulevard within the DSP project area.
g) Residential Neighborhood – designated parcels having frontage on Second Street between Oak and Chestnut Streets, on Chestnut Street between Second Street and Midway, on First Street between Chestnut Street and Birch Street, and on Birch Street between First Street and Diablo Way.

Downtown Specific Pl a n Page 67

2.2.2 Downtown District Zones Map
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2.2.3 Use Categories
For the purposes of this Plan, all permitted, conditionally permitted, and prohibited uses have been classified into use categories. These categories are described below. In addition to permitted, conditionally permitted and prohibited uses for each category, other aspects of their development such as size and location are also addressed. Permitted uses are permitted by right.

Conditionally permitted uses are defined as those which require special consideration either of their impacts on the neighborhood and land uses in the vicinity and/or of their physical organization and design. All permitted uses are allowed either alone or in combination with any other permitted use within a single building or property within the specified District Zone.

Conditionally permitted uses shall be considered for approval by the Planning Commission and/or City Council if the proposed use conforms with the goals and vision of the DSP as set forth in Section I and if the required findings can be made in accordance with the BMC. Prohibited uses are not allowed in the District Zone.

Residential land uses are described as follows:
a) Upper Floor Residential
1) The following uses are permitted: Any type of residential units located over other uses, including retail and office.
2) The following special condition applies: Only the entrances to an upper floor unit are allowed to be located on the ground level.
b) Live-Work
1) The following uses are permitted:
i) Residential living space that also includes an integrated work space principally used by one or more residents.
ii) Work activity is limited to business (primarily office), the making of arts and crafts, including painting, graphic production, photography, print, ceramics, sculpture, needlework, tapestry making, pottery making, hand weaving and other activities compatible with residential use. Activities that require hazardous assembly, including fabrication, manufacturing, repair or processing operations such as welding and woodworking (with more than three fixed pieces of equipment) shall require a conditional use permit. iii) Permitted work activities shall be classified as a business and shall be subject to all applicable City, County and State regulations.
2) The following special conditions apply:
i) The maximum number of employees not including the owner/occupant is limited to two.

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BRENTWOOD CIVIC CENTER
ii) Once established, Live-Work units may not be converted to a solely commercial or business use. However, Live-Work units may revert to solely residential use.
c) Stacked Units
1) The following use is permitted: An attached building designed as a residence for multiple households, including any dwelling unit that share one or more party walls with adjacent dwelling units, where some units are located over other units. d) Attached Single-Family Homes
1) The following use is permitted: An attached building designed as a residence for multiple households, including any dwelling unit that share one or more party walls with adjacent dwelling units, where no unit is located over another unit such as a duplex, triplex, quadplex, or rowhouse.
e) Detached Single-Family Homes
1) The following use is permitted: A detached building designed as a residence for one household.

2.2.4 District Zones
Permitted Uses:
a) Civic and Cultural uses including cultural and entertainment facilities such as community theaters, performing arts centers, museums, and auditoriums, city halls and city council chambers; libraries, public recreation facilities; community centers, senior centers, and teen centers; social service facilities; transit facilities, terminals and stations; public parking garages; public parks.
b) Similar uses subject to the approval of the zoning administrator.

Conditionally Permitted Uses:
a) Uses that the zoning administrator determines, because of type of operation, material stored or sold, or other special circumstances require special consideration and regulations through the conditional use permit procedure.

Prohibited Uses:

Massage uses, unless providers are certified pursuant to Chapter 10.5 of the Business & Professions Code,ss Section 4612(a)(4); tattoo parlors; check cashing stores; thrift stores; pawn shops and gold/metal exchange services; internet cafes; drive-up and drive-thru uses; adultoriented businesses; health clinics and hospitals; large retail uses over 75,000 square feet, warehouse and superstores; rental vehicle storage; industrial uses and services; lumber yards.

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Regulations for lot area, density, yards, height and related matters:

All Uses
Minimum Lot Size: 4,000
Minimum Height: Not Applicable
Maximum Height: 68 feet
Minimum Private Frontage: 20 feet
Front Setback: 0 feet; Buildings along Second Street shall be allowed to have roof eaves encroach into the public right-of-way a maximum distance of 6 feet.

Side Setbacks: 25 feet minimum
Rear Setback: 25 feet minimum
Mid-Block Alley Setback: N/A
Railroad R.O.W. Setback: N/A
Frontage Coverage: Not Required
Build to Corner: Not Required
Maximum Building Length: N/A
Frontage Space Between Buildings: N/A
Maximum Block Size: N/A

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The Downtown Core district zone includes many properties which are located within a Retail Required Zone, which mandates that the first 65 feet as measured perpendicular to the street frontage be reserved for retail uses. The properties affected by this restriction are designated on the Downtown District Zones Map, section 2.2.1.

Permitted Uses:
a) Retail sales and services including:
1) Specialty food retail, including the following and similar specialty foods:
chocolate/candy; general gourmet; ice cream; pastry/desserts; yogurt/dairy; doughnuts/bakery; wine shops and wine tasting and similar specialty foods. 2) Specialty goods retail, including the following and similar specialty goods uses:
cooking supplies/culinary; general housewares; decorator/arts and design centers; specialty hardware; antique stores selling high-quality used goods (this category excludes thrift and second hand stores); party supplies; lamps/lighting; household accessories; books/magazines/stationery; music/instruments. 3) Goods and services, including the following and similar uses: small crafts, specialty furniture; clothing/shoe stores; stereo/video or computers; cameras/photography; sporting goods; bicycle shops; outdoor/sports clothing and supplies; toys/games; cards/gifts; jewelry; watches/clocks/plants; beauty/cosmetics; flowers.
b) Eating and drinking establishments including the following uses:
1) Restaurants serving alcoholic beverages or providing entertainment, provided this activity is clearly ancillary to food service. If alcoholic beverages are served after 10:00 p.m. a Conditional Use Permit shall be required.
2) Beverage vendors serving coffee, smoothies, juices, and other non-alcoholic beverages.
3) Chairs and tables for outdoor dining and carts for merchant display may be permitted in the public right-of-way (i.e., in sidewalk areas) provided that:
i) The use maintains a minimum four-foot wide unobstructed portion of sidewalk corridor adjacent to the building which is clear and unimpeded for pedestrian traffic.
ii) The use keeps the full width of the building entrance clear and unimpeded for building access.
c) Entertainment and recreation uses, including the following:
1) Movie theaters and private performing arts theaters.

DOWNTOWN CORE

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2) Music venues, dance halls, billiard rooms not serving alcoholic beverages, or those serving alcoholic beverages up until 10:00 p.m., provided this activity is clearly ancillary to food service.
d) Banks and financial institutions, excluding check-cashing stores. e) Business services, excluding sales and storage of heavy equipment – including businesses that generate a significant amount of foot traffic, such as computer and office supply, photocopy shops, photo finishers, and print shops. f) Personal services – especially those types of services not particularly neighborhoodoriented including the following and similar services: photographer; hair and nail salons, beauty or barber shops, shoe repair.
g) Parking lots and garages.
h) Civic and cultural uses including cultural and entertainment facilities such as community theaters, performing arts centers, museums, and auditoriums, city halls and city council chambers; libraries, public recreation facilities; community centers, senior centers, and teen centers; social service facilities; fire stations, and public parking garages are permitted inside or outside of the 65 foot retail area. i) Tattoo parlors. Similar uses subject to the approval of the zoning administrator.

Permitted Uses on Upper Floors Only:
a) Office uses including business, professional and government offices; medical and dental offices; real estate and general finance offices; veterinary clinics; data/telecommunication offices; educational and instructional facilities; exhibition, convention or other commercial assembly facilities.
b) Lodging uses including hostels; hotels, motels and inns; bed and breakfasts. c) Residential including any type of residential unit located over other uses, including retail and office and provided only the entrance to an upper floor unit is allowed to be located on the ground floor.
d) Health and exercise clubs.
e) Similar uses subject to the approval of the zoning administrator.

Conditionally Permitted Uses:
a) Bars and nightclubs.
b) Alcoholic beverage sales after 10:00 p.m. – both on-site and off-site. c) Health and exercise clubs on ground level.

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d) Office uses on ground floors outside of the 65 ft. main street retail area including business, professional and government offices; medical and dental offices; real estate and general finance offices; veterinary clinics; data/telecommunication offices; educational and instructional facilities; exhibition, convention or other commercial assembly facilities.
e) Civic and cultural uses on ground floors outside of the 65 foot retail area including cultural and entertainment facilities such as community theaters, performing arts centers, museums, and auditoriums, public recreation facilities; teen centers; social service facilities; fire and police stations, transit facilities, terminals and stations; public parking garages.
f) Lodging uses on ground floors outside of the 65 foot retail area including hostels; hotels, motels and inns; bed and breakfasts.
g) Live-Work Residential on ground floors outside of the 65 foot retail area including living space that also includes an integrated work space principally used by one or more residents where work activity is limited to business (primarily office), the making of arts and crafts, including painting, graphic production, photography, print, ceramics, sculpture, needlework, tapestry making, pottery making, hand weaving and other activities compatible with residential use, provided the maximum number of employees not including the owner/occupant is limited to two and that once established, live-work units may not be converted to a solely commercial or business use, but may revert to solely residential use.
h) Stacked Units on ground floors outside of the 65 foot retail area including an attached building designed as a residence for multiple households, including any dwelling unit that shares one or more party walls with adjacent dwelling units, where some units are located over other units.
i) Other uses that the zoning administrator determines, because of type of operation, material stored or sold, or other special circumstances require special consideration and regulations through the conditional use permit procedure.

Prohibited Uses:

Massage uses, unless providers are certified pursuant to Chapter 10.5 of the Business & Professions Code, Section ss 4612(a)(4); tattoo parlors; check cashing stores; thrift stores; pawn shops and gold/metal exchange services; internet cafes; drive-up and drive-thru uses; adultoriented businesses; health clinics and hospitals; large retail uses over 75,000 square feet, warehouse and superstores; rental vehicle storage; industrial uses and services; lumber yards.

Regulations for lot area, density, yards, height and related matters:

The Downtown Core requires that all new development build to the corner. The Build-To- Corner requirement specifies that buildings must “hold the corner” of the parcel at the intersection of two streets. The build-to-corner location is defined by the required front and side setback lines. All corner parcels must meet this requirement by siting the building at its street corner.

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The Downtown Core also has several intersections that require corner towers. A corner tower is a particular type of frontage treatment that is required at gateways to the Downtown Core as shown on the District Zones Map with a circle. The corner tower is created by articulating a separate, relatively slender mass of the building, continuing that mass beyond the height of the primary building mass, and providing the top of the mass with a recognizable silhouette. This frontage treatment is intended to provide a distinctive building element in strategic locations to emphasize special locations such as gateways and other places of special significance to the district. The corner tower mass may encroach into the required setback areas but may not encroach into the public right-of-way. Corner tower features may exceed the maximum height of the zone as approved by the Design Review process.

All Uses other than Residential
Minimum Lot Size: 4,000
Maximum building size of 30,000 square feet
Minimum Height: 2 floors and 25 feet
Minimum interior height for ground level of all types is 14 feet from floor to ceiling.

Maximum Height: 48 feet
Minimum Private Frontage: 20 feet
Front Setback: 0 feet maximum
Side Setbacks: 0 feet maximum
Rear Setback: 0 feet maximum
Mid-Block Alley Setback: 5 feet
Frontage Coverage: 100 percent
Build to Corner: Required
Frontage Space Between Buildings: 0 feet maximum
Residential Uses
Upper Floor Residential:

Minimum Lot Size: N/A
Minimum Lot Width: N/A
Minimum Lot Depth: N/A
Minimum Height: 2 floors and 25 feet
Maximum Height: 3 floors and 42 feet
Front Setback: 0 feet
Side Setbacks: 0 feet
Rear Setback: 0 feet
Mid-Block Alley Setback: 5 feet
Frontage Coverage: 100 percent
Build to Corner: Required
Frontage Space Between Buildings: 0 feet maximum
Live-Work:

Minimum Lot Size: 2500 square feet
Minimum Lot Width: 30 feet
Minimum Lot Depth: 85 feet
Minimum Height: 2 floors and 25 feet
Maximum Height: 3 floors and 42 feet
Front Setback: 0 feet maximum
Side Setbacks: 0 feet maximum

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Rear Setback: 10 feet
Mid-Block Alley Setback: 5 feet
Frontage Coverage: 100 percent
Build to Corner: Required
Frontage Space Between Buildings: 0 feet maximum
Stacked Units:

Minimum Lot Size: 2500 square feet
Minimum Lot Width: 30 feet
Minimum Lot Depth: 85 feet
Minimum Height: 2 floors and 25 feet
Height: 3 floors and 42 feet
Front Setback: 0 feet maximum
Side Setbacks: 0 feet maximum
Rear Setback: 10 feet
Mid-Block Alley Setback: 5 feet
Frontage Coverage: 100 percent
Build to Corner: Required
Frontage Space Between Buildings: 0 feet maximum

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Permitted Uses:
a) Office uses including business, professional, and government offices; medical and dental offices; real estate and general finance offices; veterinary clinics, excluding kennels; data/telecommunication offices; educational and instructional facilities; exhibition, convention, or other commercial assembly facilities. b) Civic and cultural uses including cultural and entertainment facilities such as community theaters, performing arts centers, museums, and auditoriums, city halls and city council chambers; libraries, public recreation facilities; community centers, senior centers, and teen centers; social service facilities; fire stations, and public parking garages.
c) Upper floor residential including any type of residential unit located over other uses, including retail and office, and provided only the entrance to an upper floor unit is allowed to be located on the ground floor.
d) Similar uses subject to the approval of the zoning administrator.

The following uses are permitted only on the ground floor on Oak Street:
a) Retail sales and services including:
1) Specialty food retail, including the following and similar specialty foods:
chocolate/candy; general gourmet; ice cream; pastry/desserts; yogurt/dairy; doughnuts/bakery; wine shops and wine tasting and similar specialty foods. 2) Specialty goods retail, including the following and similar specialty goods uses:
cooking supplies/culinary; general housewares; decorator/arts and design centers; specialty hardware; antique stores selling high-quality used goods (this category excludes thrift and second hand stores); party supplies; lamps/lighting; household accessories; books/magazines/stationery; music/instruments. 3) Goods and services, including the following and similar uses: small crafts, specialty furniture; clothing/shoe stores; stereo/video or computers; cameras/photography; sporting goods; bicycle shops; outdoor/sports clothing and supplies; toys/games; cards/gifts; jewelry; watches/clocks/plants; beauty/cosmetics; flowers. b) Eating and drinking establishments with or without alcohol sales until 10:00 p.m. including the following uses:
1) Restaurants serving alcoholic beverages or providing entertainment, provided this activity is clearly ancillary to food service. If alcoholic beverages are served after 10:00 p.m. a Conditional Use Permit shall be required.
2) Beverage vendors serving coffee, smoothies, juices, and other non-alcoholic beverages.

CIVIC CORE

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3) Chairs and tables for outdoor dining and carts for merchant display may be permitted in the public right-of-way (i.e., in sidewalk areas) provided that:
i) The use maintains a minimum four-foot wide unobstructed portion of sidewalk corridor adjacent to the building which is clear and unimpeded for pedestrian traffic. ii)The use keeps the full width of the building entrance clear and unimpeded for building access.
c) Entertainment and recreation uses, including the following:
1) Private performing arts theaters.
2) Music venues, dance halls, billiard rooms not serving alcoholic beverages, or those serving alcoholic beverages, provided this activity is clearly ancillary to food service.
d) Banks and financial institutions, excluding check-cashing stores. e) Business services, excluding sales and storage of heavy equipment – businesses that generate a significant amount of foot traffic, such as computer and office supply, photocopy shops, photo finishers, and print shops.
f) Personal services – especially those types of services not particularly neighborhoodoriented – including the following and similar services: photographer; hair and nail salons, beauty or barber shops, shoe repair.
g) Parking lots and garages.
h) Similar uses subject to the approval of the zoning administrator.

Conditionally Permitted Uses:
a) Lodging uses including hostels; hotels, motels, and inns; bed and breakfasts. b) Other uses that the zoning administrator determines, because of type of operation, material stored or sold, or other special circumstances require special consideration and regulations through the conditional use permit procedure.

The following uses are conditionally permitted only on the ground floor on Oak Street:
a) Bars and nightclubs.
b) Alcoholic beverage sales after 10:00 p.m. – both on-site and off-site. c) Health and exercise clubs.
d) Other uses that the zoning administrator determines, because of type of operation, material stored or sold, or other special circumstances require special consideration and regulations through the conditional use permit procedure.

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Prohibited Uses:

Massage uses, unless providers are certified pursuant to Chapter 10.5 of the Business & Professions Code, ssSection 4612(a)(4); tattoo parlors; check cashing stores; thrift stores; pawn shops and gold/metal exchange services; internet cafes; drive-up and drive-thru uses; adultoriented businesses; health clinics and hospitals; large retail uses over 75,000 square feet, warehouse and superstores; rental vehicle storage; industrial uses and services; lumber yards.

Regulations for lot area, density, yards, height and related matters:

The Civic Core requires that all new development build to the corner. The Build-To-Corner requirement specifies that buildings must “hold the corner” of the parcel at the intersection of two streets. The build-to-corner location is defined by the required front and side setback lines. All corner parcels must meet this requirement by siting the building at its street corner.

All Uses other than Residential
Minimum Lot Size: 4,000
Minimum Height: N/A
Maximum Height: 68 feet
Front Setback: 0 feet
Side Setbacks: 0 feet minimum
Rear Setback: 10 feet minimum
Mid-Block Alley Setback: N/A
Frontage Coverage: Not required
Build to Corner: Not required
Frontage Space Between Buildings: 0 feet
Buildings along Second Street shall be allowed to have roof eaves encroach into the public right-of-way a maximum distance of 6 feet. Buildings along Third Street shall be allowed to have roof eaves encroach in the public right-of-way a maximum distance of 3 feet.

Upper floor residential uses:

Minimum Lot Size: N/A
Minimum Lot Width: N/A
Minimum Lot Depth: N/A
Minimum Height: 2 floors and 25 feet
Maximum Height: 3 floors and 42 feet
Front Setback: 0 feet maximum
Side Setbacks: 0 feet
Rear Setback: 0 feet
Mid-Block Alley Setback: 5 feet
Frontage Coverage: 100 percent
Build to Corner: Required
Frontage Space Between Buildings: 0 feet maximum

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Permitted Uses:
e) a) Retail sales and services on the ground floor including:
1) Specialty food retail, including the following and similar specialty foods:
chocolate/candy; general gourmet; ice cream; pastry/desserts; yogurt/dairy; doughnuts/bakery; wine shops and wine tasting and similar specialty foods. 2) Specialty goods retail, including the following and similar specialty goods uses:
cooking supplies/culinary; general housewares; decorator/arts and design centers; specialty hardware; antique stores selling high-quality used goods (this category excludes thrift and second hand stores); party supplies; lamps/lighting; household accessories; books/magazines/stationery; music/instruments. 3) Goods and services, including the following and similar uses: small crafts, specialty furniture; clothing/shoe stores; stereo/video or computers; cameras/photography; sporting goods; bicycle shops; outdoor/sports clothing and supplies; toys/games; cards/gifts; jewelry; watches/clocks/plants; beauty/cosmetics; flowers.
f) b) Eating and drinking establishments on the ground floor including the following uses:

Restaurants serving alcoholic beverages or providing entertainment, provided this activity is clearly ancillary to food service. If alcoholic beverages are served after 10:00 p.m. a Conditional Use Permit shall be required.
1) Beverage vendors serving coffee, smoothies, juices, and other non-alcoholic beverages.
2) Chairs and tables for outdoor dining and carts for merchant display may be permitted in the public right-of-way (i.e., in sidewalk areas) provided that:
i) The use maintains a minimum four-foot wide unobstructed portion of sidewalk corridor adjacent to the building which is clear and unimpeded for pedestrian traffic.
ii) The use keeps the full width of the building entrance clear and unimpeded for building access.
g) c) Entertainment and recreation uses on the ground floor including the following:
1) Movie theaters and private performing arts theaters. 2) Music venues, dance halls, billiard rooms not serving alcoholic beverages, or those serving alcoholic beverages up until 10:00 p.m., provided this activity is clearly ancillary to food service.
d) Banks and financial institutions on the ground floor, excluding check-cashing stores.

DOWNTOWN GENERAL

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e) Business services, excluding sales and storage of heavy equipment on the ground floor including businesses that generate a significant amount of foot traffic, such as computer and office supply, photocopy shops, photo finishers, and print shops. f) Personal services on the ground floor especially those types of services not particularly neighborhood-oriented – including the following and similar services: photographer; hair and nail salons, beauty or barber shops, shoe repair. g) Parking lots and garages on the ground floor.
h) Office uses including business, professional and government offices; medical and dental offices; real estate and general finance offices; veterinary clinics excluding kennels; data/telecommunication offices; educational and instructional facilities; exhibition, convention or other commercial assembly facilities. i) Civic and Cultural uses including cultural and entertainment facilities such as community theaters, performing arts centers, museums, and auditoriums, public recreation facilities; teen centers; social service facilities; transit facilities, terminals and stations; public parking garages.
j) Lodging uses including hostels; hotels, motels and inns; bed and breakfasts. k) Upper Floor Residential including any type of residential unit located over other uses, including retail and office, and provided only the entrance to an upper floor unit is allowed to be located on the ground floor.
l) Live-Work Residential including living space that also includes an integrated work space principally used by one or more residents where work activity is limited to business (primarily office), the making of arts and crafts, including painting, graphic production, photography, print, ceramics, sculpture, needlework, tapestry making, pottery making, hand weaving and other activities compatible with residential use, provided the maximum number of employees not including the owner/occupant is limited to two and that once established, live-work units may not be converted to a solely commercial or business use, but may revert to solely residential use. m) Stacked Units including an attached building designed as a residence for multiple households, including any dwelling unit that shares one or more party walls with adjacent dwelling units, where some units are located over other units. n) Attached Single-Family Homes designed as residences for multiple households, including any dwelling unit that shares one or more party walls with adjacent dwelling units, where no unit is located over another unit such as a duplex, triplex, quadplex, or rowhouse.
o) Tattoo parlors. Similar uses subject to the approval of the zoning administrator.

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Conditionally Permitted Uses:
a) Uses that the zoning administrator determines, because of type of operation, material stored or sold, or other special circumstances require special consideration and regulations through the conditional use permit procedure.

Prohibited Uses:

Massage uses, unless providers are certified pursuant to Chapter 10.5 of the Business & Professions Code, Sectionss 4612(a)(4); tattoo parlors; check cashing stores; thrift stores; pawn shops and gold/metal exchange services; internet cafes; drive-up and drive-thru uses; adultoriented businesses; health clinics and hospitals; large retail uses over 75,000 square feet, warehouse and superstores; rental vehicle storage; industrial uses and services; lumber yards.

Regulations for lot area, density, yards, height and related matters:

The Downtown General District Zone requires that all new development build to the corner. The Build-To-Corner requirement specifies that buildings must “hold the corner” of the parcel at the intersection of two streets. The build-to-corner location is defined by the required front and side setback lines. All corner parcels must meet this requirement by siting the building at its street corner.

All Uses other than Residential
Minimum Lot Size: 4,000
Minimum Height: 2 floors and 25 feet
Maximum Height: 3 floors and 42 feet
Minimum Private Frontage: 20 feet
Front Setback: 0 feet
Side Setbacks: 0 feet
Rear Setback: 5 feet minimum
Mid-Block Alley Setback: 5 feet minimum
Frontage Coverage: 90 percent minimum
Build to Corner: Required
Maximum Building Length: 150 feet
Space between buildings: 10 feet minimum and 20 feet maximum Residential Uses
Upper Floor Residential:

Minimum Lot Size: N/A
Minimum Lot Width: N/A
Minimum Lot Depth: N/A
Minimum Height: N/A
Maximum Height: 3 floors and 42 feet
Front Setback: 0 feet
Side Setbacks: 0 feet
Rear Setback: 0 feet
Mid-Block Alley Setback: 5 feet
Frontage Coverage: N/A
Build to Corner: Required

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Live-Work:

Minimum Lot Size: 2500 square feet
Minimum Lot Width: 30 feet
Minimum Lot Depth: 85 feet
Minimum Height: 2 floors and 25 feet
Maximum Height: 3 floors and 42 feet
Front Setback: 0 feet
Side Setbacks: 0 feet interior lots
Rear Setback: 10 feet
Mid-Block Alley Setback: 5 feet
Frontage Coverage: 90 percent minimum
Build to Corner: Required
Stacked Units:

Minimum Lot Size: 2500 square feet
Minimum Lot Width: 30 feet
Minimum Lot Depth: 85 feet
Minimum Height: 2 floors and 25 feet
Maximum Height: 3 floors and 42 feet
Front Setback: 0 feet
Side Setbacks: 0 feet on interior lots
Rear Setback: 10 feet
Mid-Block Alley Setback: 5 feet
Frontage Coverage: 90 percent minimum
Build to Corner: Required
Attached Single-Family:

Minimum Lot Size: 3400 square feet
Minimum Lot Width: 40 feet
Minimum Lot Depth: 85 feet
Maximum Height: 2 floors and 25 feet
Front Setback: 0 feet maximum
Side Setbacks: 0 feet on interior lot
Rear Setback: 10 feet
Mid-Block Alley Setback: 5 feet
Frontage Coverage: 90 percent minimum
Build to Corner: Required

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Downtown Specific Pl a n Page 83
Permitted Uses:
a) Commercial Sales and Services including:
1) Recreational sales and services such as outdoor accessories, sporting goods and outfitters.
2) Furniture, home furnishings and appliances; hardware and home improvement provided there is no outdoor sales or storage on the premises. 3) Commercial services such as miscellaneous repair service uses with no outdoor storage, including plumbing services, laundry services, cleaning and janitorial service and supplies, vacuum cleaner and sewing repair, repair and rental shops, etc.
4) Print and graphics supply and services including typesetting, lithography, graphics and art services.
5) Retail uses excluding large retail uses over 75,000 square feet and warehouse type uses.
6) Tattoo parlors.
b) Restaurant and sandwich shops.
c) Parking lots and garages.
d) Office uses including business, professional and government offices; medical and dental offices; real estate and general finance offices; veterinary clinics excluding kennels; data/telecommunication offices; educational and instructional facilities; exhibition, convention or other commercial assembly facilities. e) Civic and Cultural uses including cultural and entertainment facilities such as community theaters, performing arts centers, museums, and auditoriums, public recreation facilities; teen centers; social service facilities; transit facilities, terminals and stations; public parking garages.
f) Lodging uses including hostels; hotels, motels and inns; bed and breakfasts. g) Upper Floor Residential including any type of residential unit located over other uses, including retail and office and provided only the entrance to an upper floor unit is allowed to be located on the ground floor.
h) Live-Work Residential including living space that also includes an integrated work space principally used by one or more residents where work activity is limited to business (primarily office), the making of arts and crafts, including painting, graphic production, photography, print, ceramics, sculpture, needlework, tapestry making, pottery making, hand weaving and other activities compatible with residential use, provided the maximum number of employees not including the owner/occupant is

DOWNTOWN BOULEVARD

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limited to two and that once established, live-work units may not be converted to a solely commercial or business use, but may revert to solely residential use. i) Stacked Units including an attached building designed as a residence for multiple households, including any dwelling unit that shares one or more party walls with adjacent dwelling units, where some units are located over other units. j) Attached Single-Family Homes designed as residences for multiple households, including any dwelling unit that shares one or more party walls with adjacent dwelling units, where no unit is located over another unit such as a duplex, triplex, quadplex, or rowhouse.
k) Similar uses subject to the approval of the zoning administrator.

Conditionally Permitted Uses:
a) Uses featuring outdoor sales and outdoor storage not clearly ancillary to the use. b) Auto and other vehicle repair service uses with outdoor storage. c) Other uses that the zoning administrator determines, because of type of operation, material stored or sold, or other special circumstances require special consideration and regulations through the conditional use permit procedure.

Prohibited Uses:

Massage uses, unless providers are certified pursuant to Chapter 10.5 of the Business & Professions Code, Sectionss 4612(a)(4); tattoo parlors; check cashing stores; thrift stores; pawn shops and gold/metal exchange services; internet cafes; drive-up and drive-thru uses; adultoriented businesses; health clinics and hospitals; large retail uses over 75,000 square feet, warehouse and superstores; rental vehicle storage; industrial uses and services; lumber yards.

Regulations for lot area, density, yards, height and related matters:

All Uses other than Residential
Minimum Lot Size: 4,000
Minimum Height: 2 floors and 25 feet
Maximum Height: 3 floors and 42 feet or 2 floors
Minimum Private Frontage: 20 feet
Front Setback: 0 feet maximum
Side Setbacks: 0 feet maximum
Rear Setback: 0 feet maximum
Mid-Block Alley Setback: 5 feet
Frontage Coverage: 100 percent
Build to Corner: Required
Frontage Space Between Buildings: 0 feet maximum
Residential Uses
Upper Floor Residential:

Minimum Lot Size: N/A

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Downtown Specific Pl a n Page 85
Minimum Lot Width: N/A
Minimum Lot Depth: N/A
Minimum Height: N/A
Maximum Height: 3 floors and 42 feet
Front Setback: 0 feet
Side Setbacks: 0 feet
Rear Setback: 0 feet
Mid-Block Alley Setback: 5 feet
Frontage Coverage: N/A
Build to Corner: Required
Live-Work:

Minimum Lot Size: 2500 square feet
Minimum Lot Width: 30 feet
Minimum Lot Depth: 85 feet
Minimum Height: 2 floors and 25 feet
Maximum Height: 3 floors and 42 feet
Front Setback: 0 feet
Side Setbacks: 0 feet on interior lots
Rear Setback: 10 feet
Mid-Block Alley Setback: 5 feet
Frontage Coverage: 90 percent minimum
Build to Corner: Required
Stacked Units:

Minimum Lot Size: 2500 square feet
Minimum Lot Width: 30 feet
Minimum Lot Depth: 85 feet
Minimum Height: 2 floors and 25 feet
Maximum Height: 3 floors and 42 feet
Front Setback: 0 feet
Side Setbacks: 0 feet on interior lots
Rear Setback: 10 feet
Mid-Block Alley Setback: 5 feet
Frontage Coverage: 90 percent minimum
Build to Corner: Required
Attached Single-Family:

Minimum Lot Size: 3400 square feet
Minimum Lot Width: 40 feet
Minimum Lot Depth: 85 feet
Maximum Height: 2 floors and 25 feet
Front Setback: 0 feet maximum
Side Setbacks: 0 feet on interior lot
Rear Setback: 10 feet
Mid-Block Alley Setback: 5 feet
Frontage Coverage: 90 percent minimum
Build to Corner: Required

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Downtown Specific Pl a n Page 86
Permitted Uses:
a) Civic and Cultural uses including cultural and entertainment facilities such as community theaters, performing arts centers, museums, and auditoriums, public recreation facilities; teen centers; social service facilities; transit facilities, terminals and stations; public parking garages.
b) Upper Floor Residential including any type of residential unit located over other uses, including retail and office and provided only the entrance to an upper floor unit is allowed to be located on the ground floor.
c) Live-Work Residential including living space that also includes an integrated work space principally used by one or more residents where work activity is limited to business (primarily office), the making of arts and crafts, including painting, graphic production, photography, print, ceramics, sculpture, needlework, tapestry making, pottery making, hand weaving and other activities compatible with residential use, provided the maximum number of employees not including the owner/occupant is limited to two and that once established, live-work units may not be converted to a solely commercial or business use, but may revert to solely residential use. d) Stacked Units including an attached building designed as a residence for multiple households, including any dwelling unit that shares one or more party walls with adjacent dwelling units, where some units are located over other units. e) Attached Single-Family Homes designed as residences for multiple households, including any dwelling unit that shares one or more party walls with adjacent dwelling units, where no unit is located over another unit such as a duplex, triplex, quadplex, or rowhouse.
f) The following uses are permitted only along Central Boulevard: Office uses including business, professional and government offices; medical and dental offices; real estate and general finance offices; veterinary clinics excluding kennels; data/telecommunication offices; educational and instructional facilities; exhibition, convention or other commercial assembly facilities.
g) Similar uses subject to the approval of the zoning administrator.

The following uses are permitted at Oak and Walnut in one cluster up to 25,000 square feet for an unanchored center or up to 65,000 square feet for a medium to large-scale grocery or similar community-oriented anchor:
a) Neighborhood serving retail and services for which the nearby residential neighborhoods are the primary customers, with uses up to 10,000 square feet, including small grocery stores, pharmacies, banks, hair and nail salons, beauty or barber shops, shoe repair, cafes and food sales, and residential convenience uses such as video rental and sales, florists, dry cleaners or laundromats.

WESTERN GATEWAY NEIGHBORHOOD

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1) Chairs and tables for outdoor seating and carts for merchant display may be permitted in the public right-of-way (i.e., in sidewalk areas) provided that:
i) The use maintains a minimum four-foot wide unobstructed portion of sidewalk corridor adjacent to the building which is clear and unimpeded for pedestrian traffic.
ii) The use keeps the full width of the building entrance clear and unimpeded for building access.
b) Health and exercise clubs, dance studios.
c) Medical and dental offices.
d) Parking facilities.
e) Tattoo parlors. Similar uses subject to the approval of the zoning administrator.

The following uses are permitted within three clusters not exceeding 5,000 square feet per cluster, except along Central Boulevard, which must be incorporated into a larger residential building, and must be located on a block corner with the entrance facing the public street, square or plaza space, with no off-street parking provided and excluding drive-thrus:
a) Retail uses less than 3,500 square feet including small grocery stores, pharmacies, banks, cafes and food sales such as delicatessens, bakeries and butchers, residential convenience uses such as video rental and sales, florists, dry cleaners or laundromats, or business convenience uses such as copy shops, office supply or photo developing. b) Similar uses subject to the approval of the zoning administrator.

Conditionally Permitted Uses:
a) Unanchored neighborhood center exceeding 25,000 square feet. b) Supermarket centers exceeding 65,000 square feet.
c) Other uses that the zoning administrator determines, because of type of operation, material stored or sold, or other special circumstances require special consideration and regulations through the conditional use permit procedure. d) Individual uses larger than 3,500 square feet within Corner Store Retail Clusters provided that the use is unique and not already provided within a one mile radius. e) Other uses that the zoning administrator determines, because of type of operation, material stored or sold, or other special circumstances require special consideration and regulations through the conditional use permit procedure.

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Prohibited Uses:

Massage uses, unless providers are certified pursuant to Chapter 10.5 of the Business & Professions Code, Sectionss 4612(a)(4); tattoo parlors; check cashing stores; thrift stores; pawn shops and gold/metal exchange services; internet cafes; drive-up and drive-thru uses; adultoriented businesses; health clinics and hospitals; large retail uses over 75,000 square feet, warehouse and superstores; rental vehicle storage; industrial uses and services; lumber yards.

Regulations for lot area, density, yards, height and related matters:

All Uses other than Residential
Minimum Lot Size: 4,000
Minimum Height: 2 floors and 25 feet
Maximum Height: 3 floors and 42 feet
Minimum Private Frontage: 20 feet
Front Setback: 0 feet maximum
Side Setbacks: 0 feet maximum
Rear Setback: 0 feet maximum
Mid-Block Alley Setback: 5 feet
Frontage Coverage: 100 percent
Build to Corner: Required
Frontage Space Between Buildings: 0 feet maximum
Residential Uses
Upper Floor Residential:

Minimum Lot Size: N/A
Minimum Lot Width: N/A
Minimum Lot Depth: N/A
Minimum Height: N/A
Maximum Height: 3 floors and 42 feet
Front Setback: 0 feet
Side Setbacks: 0 feet
Rear Setback: 0 feet
Mid-Block Alley Setback: 5 feet
Frontage Coverage: N/A
Build to Corner: Required
Live-Work:

Minimum Lot Size: 2500 square feet
Minimum Lot Width: 30 feet
Minimum Lot Depth: 85 feet
Minimum Height: 2 floors and 25 feet
Maximum Height: 3 floors and 42 feet
Front Setback: 0 feet
Side Setbacks: 0 feet on interior lots
Rear Setback: 10 feet
Mid-Block Alley Setback: 5 feet
Frontage Coverage: 90 percent minimum
Build to Corner: Required

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Stacked Units:

Minimum Lot Size: 2500 square feet
Minimum Lot Width: 30 feet
Minimum Lot Depth: 85 feet
Minimum Height: 2 floors and 25 feet
Maximum Height: 3 floors and 42 feet
Front Setback: 0 feet
Side Setbacks: 0 feet on interior lots
Rear Setback: 10 feet
Mid-Block Alley Setback: 5 feet
Frontage Coverage: 90 percent minimum
Build to Corner: Required
Attached Single-Family:

Minimum Lot Size: 3400 square feet
Minimum Lot Width: 40 feet
Minimum Lot Depth: 85 feet
Maximum Height: 2 floors and 25 feet
Front Setback: 0 feet maximum
Side Setbacks: 0 feet on interior lot
Rear Setback: 10 feet
Mid-Block Alley Setback: 5 feet
Frontage Coverage: 90 percent minimum
Build to Corner: Required
Detached Single-Family Residential:

Minimum Lot Size: 5000 square feet
Minimum Lot Width: 55 feet
Minimum Lot Depth: 90 feet
Maximum Height: 2 stories and 30 feet
Front Setback: 20 feet minimum
Side Setbacks: 5 feet minimum
Rear Setback: 15 feet
Mid-Block Alley Setback: 5 feet

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Downtown Specific Pl a n Page 90
Permitted Uses:
a) Attached Single-Family Homes designed as residences for multiple households, including any dwelling unit that shares one or more party walls with adjacent dwelling units, where no unit is located over another unit such as a duplex, triplex, quadplex, or rowhouse.
b) A detached building designed as a residence for one household. c) Accessory Uses and Buildings per the BMC.
d) Similar uses subject to the approval of the zoning administrator.

Conditionally Permitted Uses:
a) Civic and Cultural uses including cultural and entertainment facilities such as community theaters, performing arts centers, museums, and auditoriums, public recreation facilities; teen centers; social service facilities; transit facilities, terminals and stations; public parking garages.
b) Other uses that the zoning administrator determines, because of type of operation, material stored or sold, or other special circumstances require special consideration and regulations through the conditional use permit procedure.

Regulations for lot area, density, yards, height and related matters:

Attached Single-Family:

Minimum Lot Size: 3400 square feet
Minimum Lot Width: 40 feet
Minimum Lot Depth: 85 feet
Maximum Height: 2 floors and 25 feet
Front Setback: 0 feet maximum
Side Setbacks: 0 feet on interior lot
Rear Setback: 10 feet
Mid-Block Alley Setback: 5 feet
Frontage Coverage: 90 percent minimum
Build to Corner: Required
Detached Single-Family Residential:

Minimum Lot Size: 5000 square feet
Minimum Lot Width: 55 feet
Minimum Lot Depth: 90 feet
Maximum Height: 2 stories and 30 feet
Front Setback: 20 feet minimum
Side Setbacks: 5 feet minimum
Rear Setback: 15 feet
Mid-Block Alley Setback: 5 feet

RESIDENTIAL NEIGHBORHOOD

2.2.2 Downtown District Zone
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BOOK
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LOPMENT
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REGULATIO
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PLANNING COMMISSION RESOLUTION NO. 2025-012

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY

OF BRENTWOOD RECOMMENDING THAT THE CITY COUNCIL
NOT ADOPT AN ORDINANCE APPROVING AN AMENDMENT то
THE DOWNTOWN SPECIFIC PLAN (SPА 25-001) AND THE
BRENTWOOD MUNICIPAL CODE TO ALLOW FOR TATTO0

PARLORS
WHEREAS, the City of Brentwood seeks to allow a broader range of personal service uses to support economic vitality and reflect evolving community preferences; and
WHEREAS, the Ninth Circuit Court of Appeals has held that tattooing is "purely expressive activity fully protected by the First Amendment" (Anderson v. City of Hermosa Beach (9th Cir. 2010) 621 F.3d 1051, 1060.; and WHEREAS, tattoo parlors are currently not identified as a permitted or conditionally permitted use within the Downtown Specific Plan ("DSP"); and WHEREAS, on January 28, 2025, the City Council considered a future agenda item request to study the possibility of amending the DSP for the purpose of allowing tattoo parlors; and
WHEREAS, on May 27, 2025, the City Council further considered the matter and, by a 3-2 vote, directed staff to prepare an amendment to the Downtown Specific Plan to allow tattoo parlors as a permitted use, subject to Administrative Design Review conditioned on compliance with the California Safe Body Art Act; and WHEREAS, the City published a notice of public hearing in the Brentwoop Press on July 11, 2025, in accordance with City policies and Government Code sections 65090 and 65854; and
WHEREAS, on August 5, 2025, the Planning Commission conducted a duly and properly noticed public hearing to take public testimony and consider an Ordinance regarding the proposed Downtown Specific Plan amendment, pursuant to the City Council's direction; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Brentwood, based on the entire record of proceedings, including the oral and written staff reports and all public comment and testimony:

1. Finds that the foregoing recitals are true and correct and are incorporated by reference into this action.

2. The Planning Commission hereby recommends that the City Council not adopt the draft Ordinance. Revisions within Exhibit A to existing sections of the Downtown Specific Plan are reflected in strikethrough for deletions and underline for additions.

3. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the Planning Commission of the City of Brentwood at its regular meeting of August 5, 2025, by the following vote:

AYES: Brand, Roberts, Flohr
NOES Johnson, Jones
ABSENT: None
RECUSE: None
ATTEST:

Erik Nolthenius A
Planning Manager
APPROVED:

Al. 9.7 las
Rod Flohr
Planning Commission Chairperson

CITY COUNCIL AGENDA ITEM NO. G.2
05/27/2025
SUBJECT: Additional consideration of whether tattoo studios should be allowed in the Downtown
DEPARTMENT: Community Development
STAFF: Erik Nolthenius, Planning Manager

TITLE/RECOMMENDATION
Provide direction to staff regarding whether an amendment to the Downtown Specific Plan (DSP) should be processed to allow tattoo studios and, if so, any requirements that should be placed on them.

FISCAL IMPACT
There is no fiscal impact to amending the DSP, other than the time spent for staff to process it.

BACKGROUND
The Downtown Specific Plan was originally adopted by the City Council on November 16, 2005. As noted in the beginning of the document:

The Downtown Specific Plan is established to coordinate public and private investment in the City’s Downtown District to fulfill the community’s intention for the Downtown to remain the heart of the Brentwood community as the City goes through a period of explosive growth and change. It is both a policy document and an implementation tool, in that it contains both a strategy to manage growth and a regulatory policy to guide and govern future development within the Plan area.

The land use map for the Downtown in the DSP was divided into six district zones, each of which had its own list of permitted and conditionally permitted uses, as well as development standards.

The DSP has been amended four times over the years, as follows:

1. August 26, 2008 to accommodate the Civic Center project

CITY COUNCIL AGENDA ITEM NO. G.2
05/27/2025

2. June 24, 2014 to address a City Council strategic initiative that included, among other things, identifying prohibited uses or uses of particular concern (e.g., tattoo parlors) for the first time in the document

3. September 13, 2016 to accommodate the library project

4. September 26, 2017 to suspend in-lieu parking fees and parking requirements for non-residential projects
Since 2017, questions have arisen as to whether the DSP should be amended and, if so, in what manner. One of these inquiries has concerned whether the City Council would consider revising the document to allow tattoo studios, which are currently prohibited, to locate Downtown.

January 28, 2025 City Council Meeting
On January 28, 2025, Vice Mayor Pierson and Council Member Oerlemans brought forth a future agenda item request to the City Council. A total of 43 written comments were submitted by e-mail before the meeting, with 42 of those in support of allowing tattoo studios in the Downtown. During public comment at the meeting, there were a total of seven speakers, with six in support and one urging careful consideration before amending the DSP. This led to a lengthy discussion by the City Council. While there was a clear level of support for a straightforward amendment to allow tattoo studios, several questions and concerns were also raised, summarized as follows:
 Are tattoo studios the highest and best use for the Downtown, given the desire for more entertainment and retail uses?
 Would a comprehensive update to the Downtown Specific Plan be a better option to determine if tattoo studios are indeed appropriate?  Would the City potentially be taking property and/or space away from other businesses that may be a better fit for the Downtown?
 If tattoo studios are indeed allowed, should they be regulated with some sort of cap or potentially limited through spacing requirements?  What are the economic development impacts as a whole of allowing tattoo studios in the Downtown?
 How does the community (Downtown Brentwood Coalition (DBC), other businesses in the Downtown, and residents) feel about allowing tattoo studios? Ultimately, the City Council unanimously adopted a motion to have staff spend time and resources on this item and bring it back for additional consideration. The motion included direction for staff to provide background information on the pros and cons of allowing tattoo studios in the Downtown, specifically as it relates to economic development impacts, as well as potential legal implications.

CITY COUNCIL AGENDA ITEM NO. G.2
05/27/2025

ANALYSIS
Economic Development Impacts
The opening of a new tattoo studio can have several economic impacts. It creates local job opportunities for tattoo artists, receptionists, and support staff, contributing to employment in the area. The studio is likely to attract both regular clients and walk-in customers, increasing foot traffic and benefiting nearby businesses such as cafes, retail shops, and salons.

The rate of daily client turnover (i.e., the number of clients served each day) depends on the number of tattoo artists working at the studio. While tattoo studios typically serve fewer clients per day than salons, they are often categorized as having a similar economic impact. On average, a tattoo studio serves between 5 and 10 clients per day per artist, depending on the size and complexity of the tattoos being done.

Tattoo studios generate minimal sales tax revenue, as tattooing services are not subject to sales tax in California. The only sales tax revenue comes from the sale of retail products, merchandise, or if the studio operates a store alongside its services.

Potential Legal Implications
The Ninth Circuit Court of Appeals has held that tattooing is “purely expressive activity fully protected by the First Amendment.” (Anderson v. City of Hermosa Beach (9th Cir. 2010) 621 F.3d 1051.) This does not mean that the City cannot regulate tattoo uses; it means that any such regulations must constitute reasonable “time, place, and manner” restrictions. (Anderson, at 1055.) As the court noted:

This determination requires an inquiry into whether the restriction: (1) is ‘justified without reference to the content of the regulated speech’; (2) is ‘narrowly tailored to serve a significant governmental interest’; and (3) ‘leave[s] open ample alternative channels for communication of the information.’
(Anderson, at 1064.) If the City Council is considering directing staff to amend the Downtown Specific Plan to include tattoo uses within its boundaries, staff recommends that staff time and resources be spent on identifying appropriate time, place, and manner restrictions for future City Council consideration.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

CITY COUNCIL AGENDA ITEM NO. G.2
05/27/2025

PREVIOUS ACTION
See Attachment 1.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
If the City Council elects to move forward with an amendment to the Downtown Specific Plan, there is no CEQA determination that needs to be made at this time.

The proper level of CEQA review will be determined by staff during the processing of the amendment, but it is not; however, expected to be extensive.

ATTACHMENT

1. Previous Actions

April 7, 2026
Pa’tanisha Davis Pierson
Vice Mayor, City of Brentwood
Attorney at Law
Via email: [email protected]
Re: Complaint Numbers 05302025-01473 and 05302025-01476; Pa’tanisha Davis Pierson Dear Pa’tanisha Pierson,
The Enforcement Division of the Fair Political Practices Commission enforces the provisions of the Political Reform Act1 (the “Act”). As you are aware, the Enforcement Division informed you that we had received a complaint regarding a possible violation of the Act’s conflict of interest provisions. However, based on a review of the complaints, the evidence provided, and your response, the Enforcement Division will not pursue an enforcement action on this matter.

Thank you for providing a response to our letter of inquiry. If you have any questions regarding this letter, please contact Chance Felkins at the address shown above or by email at [email protected].

Sincerely,
Michael Chance Felkins
Michael Chance Felkins
Commission Counsel, Enforcement Division
1 The Political Reform Act is contained in Government Code sections 81000 through 91014, and all statutory references are to this code. The regulations of the Fair Political Practices Commission are contained in Sections 18104 through 18998 of Title 2 of the California Code of Regulations, and all regulatory references are to this source.

COMPLAINT RECEIVED
The Enforcement Division of the Fair Political Practices Commission received the enclosed complaint, COM-02102026-00408, on 2/10/2026 9:00:00 AM. The information filed in the complaint is below and any attachments filed will be included.

The following individuals are the named parties in this complaint:

Patanisha Pierson
Respondent
The Violations alleged are:

Conflict of Interest
87306.5 - Conflict of Interest Code; Local
The Vice Mayor is a member of the local Chamber of Commerce and owns and operates a private business that receives economic benefits from that membership, including increased visibility, networking opportunities, and potential client development. As a result, the Vice Mayor has a financial interest in the Chamber of Commerce within the meaning of Government Code section 87100.

In her official capacity as Vice Mayor, she has participated in governmental decisions involving the Chamber of Commerce, including matters related to the allocation or approval of grants and other public benefits. These decisions had a reasonably foreseeable material financial effect on the Chamber of Commerce and on the Vice Mayor’s private business interests.

Despite this financial interest, the Vice Mayor did not disqualify herself from participating in these decisions. Her participation created a conflict of interest in violation of Government Code section 87100.