Chapter 17.710: Mobile Home Parks.

Title. The provisions of this chapter shall be known as the "mobile home park regulations" of this title.

Purpose. The purpose of the mobile home park regulations shall be to assure the development of well-planned and designed mobile home parks compatible with the uses of adjacent properties, and located so as to allow for convenient access to and from major thoroughfares. Mobile home parks shall be designed and provided with residential amenities so as to blend well with the residential character of their neighborhood, and to provide a suitable residential environment for their occupants.

Mobile home lots for the placement of mobile homes intended for occupancy as single-family residences and one or more of the following accessory uses:

One single-family dwelling unit for the use of the owner or manager;

Noncommercial recreation hall, meeting hall or clubhouse for resident's use only;

Overnight accommodations for guests of mobile home park residents but excluding use of campers and travel trailers.

Minimum park size: five acres;

Maximum park size: fifty acres;

Minimum street frontage required: two hundred fifty feet on a "thoroughfare" street;

Maximum allowable density: as specified in the general plan for the property on which the mobile home park is located but not more than ten dwelling units per acre;

Minimum front yard: twenty feet;

Minimum side and rear yard: ten feet;

Required front, rear and side yards shall be a landscaped greenbelt free of all structures, buildings, storage and other parking areas and mobile home lots;

Maximum building height: fifteen feet except for the managers or owners dwelling which shall not exceed a height of two stories or thirty feet.

Minimum mobile home lot regulations:

Minimum Setback. Mobile homes and any structure attached thereto, except awnings, shall not be closer than five feet of any lot boundary or ten feet of any driveway.

Lot Frontage. Each mobile home lot shall have frontage on a driveway or shall have an accessway width of not less than fifteen feet to a driveway.

Miscellaneous Regulations.

Park Entrances and Exits.

Driveways.

Other Access.

Off-street parking: shall be provided in accordance with Chapter 17.620.

Landscaping and screening: shall be provided in accordance with Chapter 17.630.

Fire protection facilities: including hydrants, shall be installed by the developer as required by the city and the current fire services provider.

Recreational Areas and Facilities.

Storage Areas.

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

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

One JADU that satisfies the requirements of this Chapter 17.715 is allowed on a legal lot that is zoned RE, R-1-E, R-1, or a PD zone that is a single-family residential zone.

Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located;

Deemed to exceed the allowable density for the lot on which the ADU or JADU is located;

Considered in the application of any local ordinance, policy, or program to limit residential growth;

Required to correct a nonconforming zoning condition, as defined in Section 17.715.030 below.

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

Process and timing.

Number of ADUs and JADUs Per Lot.

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

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

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

Height.

Design and Size.

Building and Fire Code.

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

Deed Restriction.

Fees.

Fire Sprinklers.

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

Parking.

Rental Term. No ADU or JADU may be rented for a term of less than thirty days. This prohibition applies regardless of when the ADU or JADU was created.

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

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

Solar Panels. Solar panels are required when mandated under the California Energy Code.

General. Housing developments that develop a specified number of affordable housing units, donate land, or include other benefits as provided under the State Density Bonus Law may qualify for a density increase and other regulatory benefits under the State Density Bonus Law.

Replacement Housing Requirement. An applicant for a housing development on one or more parcels that are or have been developed with certain types of rental housing, as more particularly described in California Government Code Section 65915(c)(3), will be ineligible for a density bonus or other regulatory benefits unless the applicant complies with the replacement housing requirements therein.

An applicant for a "housing development" as defined in State Density Bonus Law shall be eligible for a density bonus and other regulatory benefits that are provided by State Density Bonus law when the applicant seeks and agrees to provide housing as specified in State Density Bonus Law. The density bonus that the project is eligible for shall be calculated in accordance with State Density Bonus Law.

The granting of a density bonus or incentive, pursuant to this chapter, shall not be interpreted, in and of itself, to require a general plan amendment, development code amendment, zone change, other discretionary approval, or the waiver of a Brentwood ordinance or provisions of a Brentwood ordinance unrelated to development standards.

All requests for density bonuses, incentives, parking reductions, and waivers for a housing development shall be filed with and on a form provided by the community development director, or designee, concurrently with the filing of the planning application for the first discretionary or ministerial permit required for the housing development, whichever permit is earliest. The applicant shall be informed whether the application is complete consistent with Government Code Section 65943.

The application shall include the following minimum information:

All requests under the State Density Bonus Law shall be part of the planning application and shall be applied for, reviewed, and acted upon concurrently with the planning application by the approval body with authority to approve the development, within the timelines prescribed by California Government Code Section 65920, et seq., or other applicable statute. Appeals of the planning application in accordance with the requirements of Brentwood Municipal Code Chapter 17.880 shall include all requests under the State Density Bonus Law, if appeals are authorized for the discretionary or ministerial permit applied for.

To ensure that an application for a housing development conforms with the provisions of the State Density Bonus Law, the staff report presented to the decision-making body shall state whether the application conforms to the following requirements of the State Density Bonus Law, as applicable:

The decision-making body shall grant an incentive requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

The decision-making body shall grant the waiver of development standards requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

If a child care center complies with the requirements of Government Code Section 65915(h), the decision-making body may deny a density bonus or incentive that is based on the provision of child care facilities only if it makes a written finding, based on substantial evidence, that the city already has adequate child care facilities.

A request for minor modification of an approved density bonus housing plan may be granted by the city manager, or their designee, if the modification substantially complies with the original density bonus housing plan and conditions of approval. Other modifications to the density bonus housing plan shall be processed in the same manner as the original plan.

If a density bonus, incentive, parking reduction, or waiver is approved pursuant to this chapter, the applicant shall enter into a binding affordable housing agreement or restrictive covenant, as described below, with the city, which sets forth the conditions and guidelines to be met in the implementation of the State Density Bonus Law and that ensures compliance with all of the provisions of this chapter. The agreement will also establish specific compliance standards and remedies available to the city upon failure by the applicant to comply with the State Density Bonus Law, this chapter, or the affordable housing agreement.

For rental projects, the applicant shall enter into an affordable housing agreement with the city, running with the land, in a form approved by the city attorney, to be executed by the city manager, or designee. The agreement shall require the continued affordability of all rental units that qualified the applicant for the receipt of the density bonus, incentive, waiver, or parking reduction for a minimum of fifty-five years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program; shall identify the type, size and location of each affordable unit; shall specify the eligible occupants; shall specify phasing of the affordable units in relation to the market-rate units; and shall contain other relevant provisions approved by the city attorney. Rents for the lower income density bonus units shall be set at an affordable rent as defined in the State Density Bonus Law.

For for-sale projects, the applicant shall enter into an affordable housing agreement with the city, running with the land, in a form approved by the city attorney, to be executed by the city manager, or their designee. The affordable housing agreement shall require that, the initial purchasers of those for-sale units that qualified the applicant for the receipt of the density bonus, incentive, waiver, or parking reduction are persons and families of very low, lower, or moderate income, as applicable, or if any such unit is not purchased by an income-qualified household within one hundred eighty days after the issuance of the certificate of occupancy, those units are purchased by a qualified non-profit housing corporation as defined in the State Density Bonus Law. The affordable housing agreement shall further require that the units are offered at an affordable housing cost, as that cost is defined in Health and Safety Code Section 50052.5 and shall contain other relevant provisions approved by the city attorney. The affordable housing agreement shall require the continued affordability of the for-sale units for forty-five years and require purchasers of the affordable for-sale units to enter into a refinance and resale limitation agreement with the city in a form approved by the city attorney.

Where a density bonus, waiver or parking reduction is provided for a market-rate senior housing development, the applicant shall enter into a restrictive covenant with the city, running with the land, in a form approved by the city attorney, to be executed by the city manager, or their designee, to require the housing development to be operated as "housing for older persons" consistent with state and federal fair housing laws.

Agreements involving rental units shall require the owner of the affordable rental units provided under this chapter to submit an annual monitoring report to the housing division, in a format approved by the city manager. For each affordable rental unit provided hereunder, the current owner may be required to pay an annual monitoring fee to the city for the term of required affordability in the amount set forth in the affordable housing agreement. For each owner-occupied affordable unit provided under this chapter, the current owner may be required to pay a transfer fee to the city for any change of ownership as adopted from time to time by the city council during the term of required affordability in the amount set forth in the refinance and resale limitation agreement.

The executed affordable housing agreement shall be recorded against the housing development prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the housing development, whichever is earliest. The affordable housing agreement shall be binding on all future owners and successors in interest.

In determining the total number of units to be granted, each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.

When calculating the number of affordable units needed to qualify for a given density bonus, any fractions of affordable dwelling units shall be rounded up to the next whole number.

Each housing development is entitled to only one density bonus. If a housing development qualifies for a density bonus under more than one category, the applicant shall identify the category under which the density bonus is requested to be granted.

In determining the number of affordable units required to qualify a housing development for a density bonus pursuant to the State Density Bonus Law, units added by a density bonus are not included in the calculations. Any on-site units that satisfy the city's affordable housing requirements in Chapter 17.725 of the Code and are required to be constructed concurrently with the housing development may qualify the housing development for a density bonus if those units also meet the requirements of the State Density Bonus Law. Payment of fees in lieu of providing affordable units under Chapter 17.725 of this code does not qualify a housing development for a density bonus.

The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of affordable units required by the State Density Bonus law. Regardless of the number of affordable units, no housing development shall be entitled to a density bonus greater than what is authorized under the State Density Bonus Law.

Nothing in this chapter requires the provision of direct financial incentives from the city for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The city, at its sole discretion, may choose to provide such direct financial incentives.

Building permits and final inspections or certificates of occupancy shall be issued concurrently for the market-rate units and for any affordable units that qualified the project for a density bonus, incentive, waiver or parking reduction, so that the affordable units comprise the required percentage of total units.

Affordable units shall be comparable in exterior appearance and overall quality of construction to market-rate units in the same housing development. Interior finishes and amenities may differ from those provided in the market-rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the city.

To comply with fair housing laws, the affordable units shall contain the same proportional mix of bedroom sizes as the market-rate units. In mixed-income buildings, the occupants of the affordable units shall have the same access to the common entrances and to the common areas, parking, and amenities of the project as the occupants of the market-rate housing units, and the affordable units shall be located throughout the building and not isolated on one floor or to an area on a specific floor. The affordable units shall be located in buildings throughout the development unless designated for senior housing or financed with tax credits or other public financing.

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

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

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

Affordability Requirement. Developers of residential developments of five or more lots or dwelling units designed and intended for residential occupancy shall construct or make possible the construction of a minimum of thirteen percent of the total number of dwelling units within the residential development as affordable units, allocated to income levels as set forth in this chapter, or as provided in an affordable housing agreement which specifies the means of satisfying this chapter. The foregoing requirement shall be applied prior to the application of a density bonus and no more than once to an approved residential development regardless of changes in its character or ownership, provided that the total number of dwelling units does not change.

Exemptions. The following are exempt from the provisions of this chapter:

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

Projects of ten or eleven units shall contain one low-income unit; projects of twelve to nineteen units shall contain one low-income unit and one moderate-income unit; projects of twenty to twenty-six units shall contain one low-income unit, one moderate-income unit, and one very low-income unit; and projects of twenty-seven to thirty-four units shall contain one low-income unit, two moderate-income units, and one very low-income unit. For larger projects, the number of units required at each income level shall be calculated to achieve an income distribution as close as possible to that specified in the above table.

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

Design and Distribution of Affordable Units. All affordable units within a residential development shall be comparable to the market-rate units in exterior design, quality, materials, architectural elements and overall construction quality, as well as number and proportion of bedroom types. If approved by the planning commission in the design review approval process as specified in Section 17.725.006(D), the developer may request an exception to the foregoing in order to reduce the cost of the affordable units by permitting reduced front, side and backyard landscaping and smaller square footage for bedrooms. Otherwise, affordable units shall be comparable to the approved landscape plans, exterior elevations, and bedroom square footage found in the approved plans for the remainder of the residential development. In addition, all affordable units shall include the same or similar interior amenities offered for market-rate units within a residential development. Affordable units shall be dispersed throughout the residential development so as to prevent the concentration of affordable units, unless the planning commission has approved an exception to this standard to accommodate senior housing or to reduce affordable unit costs as described above, or approval of an off-site location has been granted.

Length of Affordability. All affordable ownership units shall remain affordable for a period of at least forty-five years from date of original occupancy and each subsequent ownership, and all affordable rental units, including any affordable rental units provided as an agreed-upon alternative equivalent proposal pursuant to Section 17.725.004 shall remain affordable for a period of at least fifty-five years from the date of the initial rental or leasing period, or longer periods as may be required by state housing law.

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

Approval of Payment of In-Lieu Fees. In-lieu fees may be paid for residential developments consisting of between five and nine dwelling units. The amount of the in-lieu fee shall be adopted by resolution of the city council, and may be amended from time to time.

Dedication of Vacant Developable Land. An applicant may dedicate vacant developable land to the city or city-approved nonprofit housing developer in-lieu of constructing a portion of the required affordable units, if the city council finds all of the following:

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

Dedication of Affordable Units to the City of Brentwood. An applicant may dedicate constructed or converted on-site or off-site affordable units to the city's rental housing program to satisfy the requirements of this chapter. Mobile homes and units within cooperative developments are excluded from dedication. Each unit dedicated to the city shall equate to the construction of two affordable units that would otherwise be required pursuant to Section 17.725.003(D). Income from these affordable rental units shall be deposited into a Brentwood rental housing trust fund administered by the city's finance director in accordance with Section 17.725.008.

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

Other Means of Fulfilling Affordable Housing Requirements. Subject to city manager or designee approval, any developer may fulfill its affordable housing requirement through additional alternative equivalent methods not specifically mentioned in this chapter, including through the provision of rental affordable units by developers of ownership development projects (in accordance with Government Code Section 65589.8), provided that the city council determines such alternative results in the same number of affordable units that would have been provided with on-site construction of affordable units and that the affordable units otherwise meet all requirements of subsections F through G of Section 17.725.003.

Satisfaction of Affordable Housing Requirement. Each proposal for satisfying the city's affordable housing requirement, together with a proposed affordable housing agreement per subsection B of this section, shall be reviewed by the city manager or designee, considered for recommendation by the city council committee having jurisdiction, and forwarded to the city council for approval on its consent calendar agenda. The requirements of this chapter shall be satisfied by all ownership and rental developments subject to this chapter, unless the applicant receives a waiver under Section 17.725.011.

Agreements. Prior to the approval of a final map for any residential development, or issuance of a building permit for a unit within a residential development, to which this chapter applies, whichever comes first, the city and the residential developer shall enter into an affordable housing agreement in a form approved by the city attorney. For those residential developments for which affordable units will be constructed or converted on or off site, the affordable housing agreement shall include appropriate resale controls and/or rent restrictions. For ownership affordable units, the city and the individual homebuyer shall be required to enter into a recorded refinance and resale limitation agreement in a form approved by the city attorney. The city manager or designee is authorized to execute affordable housing agreements, resale controls and/or rent restrictions and any other documents necessary to effectuate the implementation of this chapter, provided such agreements and documents are consistent with the requirements of this chapter.

Annual Monitoring and Transfer Fees. Agreements involving rental units provided off site or by conversion of market-rate units as specified in Section 17.725.004(C) shall require the owner of the affordable rental units to submit an annual monitoring report to the housing division, in a format approved by the city manager. For each affordable rental unit provided hereunder, the current owner may be required to pay an annual monitoring fee for the term of required affordability in the amount set forth in the affordable housing agreement. For each owner-occupied affordable unit provided under this chapter, the current owner may be required to pay a transfer fee for any change of ownership as adopted from time to time by the city council during the term of required affordability in the amount set forth in the refinance and resale limitation agreement.

Resale Prices for Affordable Ownership Units. The maximum resale price for an affordable ownership unit and terms of resale to an eligible household shall be set by the community development director pursuant to the affordable housing cost as defined in Section 17.725.002 and as set forth in a refinance and resale limitation agreement.

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

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

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

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

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

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

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

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

Density Bonus. Concurrently with consideration of an application for a residential growth management program allocation, the city may award a density bonus for developments that comply with the very low-, low- or moderate-income affordability provisions of this chapter by constructing units on site, paying the appropriate in lieu fee, providing an acceptable alternative equivalent proposal, or a combination of the above, in accordance with this chapter. In the event that a development is also eligible for a density bonus pursuant to Government Code Section 65915, the density bonus authorized pursuant to this chapter shall be included in any density bonus obtained pursuant to state law and shall not increase the amount of the density bonus above that afforded by state law. An application for a density bonus must be received concurrently with an application for residential growth management program allotments. The density bonus provided shall initially be set at nine percent above the midpoint of the density range established in the general plan and zoning code. Fractional density bonus units shall be rounded in the manner set forth in Section 17.725.003(B)(2) of this chapter. The density bonus amount shall be periodically reviewed by the city engineer, the community development director, and the housing manager, who will recommend that adjustments, as appropriate, be adopted by resolution of the city council. Density bonus units authorized under this chapter shall be excluded from the affordability requirements specified in Section 17.725.003 of this chapter.

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

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

Direct Financial Assistance. The city council may authorize provision of direct financial assistance in the form of a loan or grant from collected affordable housing trust funds as described in Section 17.725.007 of this code for developments which include dwellings units affordable to very low-, low-, or moderate-income households that exceed minimum affordable unit counts required under Section 17.725.003 of this code.

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

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

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

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

Use. The finance director shall administer all moneys in this fund including any interest earnings. All funds other than those specified in subsection C of this section shall be utilized to purchase, construct or repair single-family or multifamily rental unit inside the city limits. One-half of the rental income may be utilized from time to time at the city council's discretion to further the provision of affordable housing in the city of Brentwood so long as sufficient funds remain to pay for the maintenance and operation of existing affordable housing in the city's rental housing program.

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

Creation. Contributions to the city's first time homebuyer program in accordance with Section 17.725.004(D) shall be deposited into the first time homebuyer fund, which is part of the housing enterprise.

Use. The finance director shall administer all moneys in this fund, including any interest earnings. All moneys in the fund, other than those specified in Section 17.725.009(C) shall be loaned to first time homebuyers that qualify as a moderate-income, low-income or very low-income household, in accordance with terms and provisions of the approved first time homebuyer program approved by the city council.

Withholding. The finance director is authorized to utilize the city council approved budget to annually fund the city housing personnel and administrative costs directly related to the management and administration of the first time homebuyer fund and program.

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

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

Violation Abatement. The city of Brentwood city attorney or the Contra Costa County district attorney, as appropriate, shall be authorized to abate violations of this chapter and to enforce the provisions of this chapter and all implementing regulatory agreements and affordability controls placed on affordable units by civil action, injunctive relief, and any other proceeding or method permitted by law. Remedies provided for in this chapter shall not preclude the city from any other remedy or relief to which it otherwise would be entitled under law or equity.

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

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

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

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

Purpose. The purpose of this chapter is to implement the agricultural preservation policies contained in the Brentwood general plan with programs designed to support preservation, and provide appropriate programs for lands located within, or adjacent to the Brentwood planning area or its approved sphere of influence. This includes mitigating the loss of productive agricultural lands converted for urban uses within the city by permanently protecting agricultural lands planned for agricultural use through the use of agricultural conservation easements or fee title purchase of lands and permitting a transfer of agricultural credits (TAC) from "agricultural donor parcels" within the TAC target area to "receiver parcels." This also includes the development of programs that create incentives for the continuation of agricultural operations. It is the policy of the city that conservation easements and fee title purchase programs are important for the long term protection of agricultural lands. It is further the policy that additional incentive-based programs and measures should be taken to encourage the continuation and expansion of agricultural operations, including, but not limited to, place-based marketing to increase the value of the agricultural crops grown around Brentwood, grants to fund local co-ops and marketing programs, agritourism and agri-business development, as well as loan programs that promote the planting of permanent crops and value-added production.

Findings. The city council finds this chapter is necessary for the following reasons: (1) viable and active agricultural operations around the City's urban edge provide unique visual and economic benefits to the City; (2) agricultural land around Brentwood is of highly productive quality; (3) the Brentwood general plan sets forth policies to preserve productive agricultural lands and provide for appropriate programs; (4) loss of agricultural land is determined to be a significant impact under the California Environmental Quality Act (CEQA); and (5) loss of productive agricultural land will have a cumulatively negative impact on air quality, traffic, noise, public services demands, and aesthetics in the city and in the county of Contra Costa.

The city shall require agricultural preservation by any applicant for a subdivision or any other discretionary land use entitlement which will permanently change agricultural land over one acre in size to any nonagricultural use. The city shall impose a condition of approval requiring the applicant to comply with this chapter.

Agricultural preservation shall be satisfied by one of the following mechanisms:

In the establishment of any agricultural conservation easement, the city shall avoid the creation of any situation in which a property owner who does not participate in the program, would have any access, utility or infrastructure easements negatively impacted, unless the nonparticipating property owner consents. In addition, any nonparticipating property owner shall not have their land unduly impacted as to present or future development potential, by the creation of nonparticipating land "islands" (where the nonparticipating land is completely surrounded by properties participating in the program), unless the nonparticipating property owner consents.

The following minimum criteria shall be met for a property to be eligible for placement in an agricultural conservation easement:

In addition, a property that meets any or all of the following criteria can be considered as agricultural mitigation land:

The lands to be conserved are to be located in the following areas:

A property is ineligible to serve as agricultural mitigation land if one or both of the two circumstances below apply.

Transferable agricultural credits are eligible to be allocated to the property owners of record of agricultural land within the approximately two thousand one hundred sixty acre portion of the established Contra Costa County Agricultural core area, that is bounded by Marsh Creek on the west, the East Contra Costa Irrigation District Main Canal on the north, Sellers Avenue on the east, and Marsh Creek Road on the south except as noted in Exhibit 1 for approximately one hundred sixty acres south of Marsh Creek Road. This area consists of donor parcels and is identified in Exhibit 1 which is by reference made part of the ordinance codified in this chapter.

Transferable agricultural credits shall run with the land. Existing agricultural parcels in the subject area over an acre in size are eligible to transfer two credits for one acre of agricultural land which is placed in a permanent conservation easement. For parcels of land that include fractional acreage, the calculation of agricultural credits above 0.5 shall be considered a full agricultural credit (Example: Parcel size: 19.8 acres x 2 = 39.6 credits, rounded to 40 credits; Parcel size: 19.6 acres x 2 = 39.2 credits, rounded to 39 credits).

All owners of the property shall execute an agricultural conservation easement or other legal instrument. The instrument shall be in recordable form and contain an accurate legal description setting forth the description of the land. The instrument shall prohibit any activity that substantially impairs or diminishes the agricultural productivity of the land. The instrument shall protect the existing water rights and retain them with the agricultural mitigation land.

The city or a qualified land trust shall pay the costs of administering, monitoring and enforcing the instrument. The city shall be a named beneficiary under any instrument conveying the interest in the agricultural mitigation land to a qualified land trust, unless waived by the city council.

Interests in the property shall be held in trust by a qualified land trust and/or the city.

If a court of law finds that the public interests described in this section of this chapter can no longer reasonably be fulfilled as to an interest acquired, the interest in the agricultural mitigation land may be extinguished through sale, and the proceeds shall be redeposited into the city's mitigation fund account, and be used to continue agricultural preservation programs as approved by the city and provided in this chapter.

If any qualified land trust owning an interest in agricultural mitigation land ceases to exist, the duty to hold, administer, monitor and enforce the interest shall pass to the city.

The provisions of this chapter shall be known as the "Residential Condominium Conversions" regulations of this title.

The purposes of the residential condominium conversions regulations are as follows:

Physical Elements Report. A report on the physical elements of each structure and facility, which shall include, but not be limited to, the following:

Site Plan. A site plan of the project, including the location and sizes of structures, parking layout (covered, uncovered, and guest) and access areas, sewer, water and storm drains, trash enclosures, easements and any other information required by the city.

Development Plans. Scaled development plans showing typical floor plans and building elevations. If the subdivider intends to make any modifications to the exterior elevations or to the project site, a design review application shall be proposed and processed concurrently with the tentative map application.

Landscape Plan. A landscape plan of the project including the location of all existing trees and shrubs and other landscape features on the project site. This plan shall be accompanied by evaluations by a registered landscape architect and certified arborist in the state of California to insure that trees, shrubs, and groundcovers are thriving, are not at the end of life maturity, are pruned properly, are not tripping hazards by uplifting foundations or walkways, or have invasive plant materials that need to be addressed. A water audit shall be conducted by an irrigation consultant and accompany these evaluation reports.

CC&Rs. A declaration of covenants, conditions and restrictions which would be recorded and would apply to each owner of a condominium unit within the project. The declaration shall include, but not be limited to, pertinent information regarding the conveyance of units and the assignment of parking, an agreement for common area maintenance, including common sewer, water and electrical lines, facilities and landscaping, together with an estimate of any initial assessment fees anticipated for maintenance, a plan for equitable sharing of communal water metering, description of a provision for maintenance of all vehicular access areas within the project, a requirement that all assigned parking areas including garages remain clear of storage and available for parking of vehicles, and an indication of appropriate responsibilities for maintenance of all improvements and utility systems for each unit. The CC&Rs will provide for a manager to be responsible for maintenance and repair, with each condominium owner responsible for his or her pro rata share of the maintenance costs. The manager may be an owner, a third party manager designated by the owners, or a special purpose entity such as an owners' association. The CC&Rs shall be subject to the review and approval of the community development director in consultation with the city attorney prior to recordation of the final parcel map, and shall include the following: (1) The manager shall be responsible for the maintenance of all common areas, such as landscaping, parking, and access roads, and (2) The city shall be granted the rights and remedies of the association, but not the obligation, to enforce the maintenance responsibilities of the manager. The city has the right to review and approve the CC&Rs to ensure that (a) the appropriate conditions of approval are included in them and (b) those provisions reflecting the city's conditions of approval may not be amended without city approval.

Project Characteristics. Specific information concerning the characteristics of the project, including, but not limited to, the following:

A signed copy from each tenant of notice of intention to convert as specified in Section 17.740.070 (A), or evidence that a certified letter of notification was sent to each tenant for whom a signed copy of the notice is not submitted.

Any other information which, in the opinion of the community development department, will assist in determining whether the proposed project will be consistent with the purposes of this chapter.

Subdivision Procedures. Under Government Code Section 66426, a condominium conversion is treated as a subdivision subject to the provisions of the State Subdivision Map Act and this title.

Acceptance of Reports. The final form of the physical elements report and other documents required under Section 17.740.040 shall be as approved by the city. The reports in their accepted form shall remain on file with the community development department for review by the public. They are referred to collectively in this chapter as "the reports."

Copy to Buyers. The subdivider shall provide each purchaser with a copy of the reports (in their final accepted form), except the information required by Section 17.740.040(F) and (G), before the purchaser executes an agreement to purchase a unit in the project, and the developer shall give the purchaser sufficient time to review the reports. A copy of the reports shall be made available at all times at the sales office and shall be posted at various locations, as approved by the city, at the project site. The subdivider shall provide the city with evidence of receipt of the reports by each tenant and prospective tenant.

Notice to Tenants and Prospective Tenants. Before tentative map approval, the planning commission shall hold a public hearing. In addition to all other notices required by the Subdivision Map Act and this title, the subdivider shall give notice prior to filing the tentative map to prospective tenants and tenants in the manner provided by Government Code Sections 66452.8 and 66452.9 and Section 17.740.070 of this chapter.

Inspection and Fees.

Affordable Housing. A condominium conversion is subject to the affordable housing requirements in Chapter 17.725. However, if the project was required to comply with the affordable housing requirements when the project was constructed, the project shall receive a credit for: (1) the number of affordable units required at the time the project was constructed, assuming those existing affordable units remain affordable units; and (2) any fees paid in lieu of creating affordable units, as to that portion of the obligation under the then-current affordable housing requirements that may be satisfied by the payment of fees. If the current affordable housing requirements in Chapter 17.725 are higher than those originally imposed at the time of construction, the project shall abide by the current requirements and provide additional affordable units and/or payment of in-lieu fees in a manner acceptable to the city. If the current affordable housing requirements in Chapter 17.725 are lower than those originally imposed at the time of construction, the project shall maintain any existing affordable units as affordable units.

Submittal of Budget. Prior to final map approval, the subdivider shall provide the City with a copy of the proposed budget for maintenance and operation of common facilities including needed reserves for review and approval. The budget shall show estimated monthly costs to the owner of each unit, projected over a five-year period, and shall include a component inventory and analysis and reserve study financial analysis for all building components with an identified service life of less than thirty years. Such budget shall be prepared, or reviewed and analyzed, by an independent professional management firm, or other qualified entity, experienced with management of condominium complexes. The budget preparer or reviewer shall submit a statement of professional qualifications, subject to the review and approval by the city.

Final Information Submitted. Prior to the close of escrow for any unit, the subdivider shall submit the following information to the community development department:

Eligibility. Units less than five years old are not eligible for conversion to condominiums.

Building Regulations. All buildings and structures shall conform to and comply with the applicable Brentwood Municipal Codes and Building Codes in effect at the time of construction, unless subsequent modifications have been approved by the community development department, excepting, however, a minimum one hour fire separation shall be either in place or constructed between all units prior to any offer of sale. A code compliance inspection by the Brentwood building division will be required to assess code compliance. Buildings or building modifications constructed under previous versions of the Uniform Building Code will require that the developer provide a disclosure statement of this fact to any prospective purchaser of a unit.

Fire Prevention.

Sound Transmission.

Utilities.

Private Storage Space. Each unit shall have a minimum of two hundred cubic feet with no less than twenty-five square feet of enclosed weatherproofed and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. The space shall be provided in any location approved by the community development department, but shall not be divided into two or more locations. Where the subdivider can demonstrate that this standard cannot or should not reasonably be met, this standard may be modified by the planning commission.

Laundry Facilities. A laundry area shall be provided in each unit unless the planning commission approves a common laundry area. If a common laundry area is provided, it shall consist of not less than one automatic washer and one automatic dryer for each ten dwelling units or fraction thereof. Where the subdivider can demonstrate that this standard cannot or should not reasonably be met, this standard may be modified by the planning commission.

Landscape Maintenance. All landscaping shall be restored and/or new landscaping shall be installed to achieve a high degree of appearance and quality. Provisions shall be made for continuing maintenance of all landscaped areas. Existing and new landscaping shall be in accordance with Chapter 17.630 and is subject to review and approval by the community development and parks and recreation departments.

Parking. Off-street parking shall be provided as required by the Chapter 17.620 for condominium or similar single-family residential projects.

Refurbishing and Restoration. Each main building, structure, fence, patio enclosure, carport, accessory building, sidewalk, driveway, landscaped area, utility, and additional elements as required by the community development department shall be refurbished and restored as necessary to achieve a high degree of appearance, quality and safety. The refurbishing and restoration is subject to review and approval by the community development department.

Disabled Persons Accessibility. Conversions of five or more units shall be in compliance with the disability access requirements of the state Department of Housing and Community Development. This may include the installation of an elevator.

Warranties. A one-year warranty shall be provided to purchasers of all units on all appliances in each unit and on all electrical, heating, air conditioning, plumbing and ventilation equipment. At such time as the homeowners' association takes over management of the development, the developer shall provide a warranty to the association that any pool and pool equipment (filter, pumps, chlorinator) and any appliances and mechanical equipment to be owned in common by the association have a useful life of one year. Prior to final map approval, the developer shall provide the city with a copy of warranty insurance covering equipment and appliances pursuant to this section.

Reserves for Capital Maintenance Replacement. Before approval of the final map, the subdivider shall provide to the community development department evidence of the establishment of a fund in the name of the homeowners' association. The funds shall be earmarked for long-term reserves for capital and maintenance replacement and shall be equal to full funding of the budget and reserve amounts identified in the independent budget analysis described in Section 17.740.050(G) or per the budget calculation approved by the Department of Real Estate, whichever is greater for a period of not less than one year.

Owner-Occupancy Deed Restrictions. A minimum of twenty percent of all the units within the project will be required to have a deed restriction which restricts occupancy of the unit to the owner. This deed restriction shall remain on these units in perpetuity. Evidence of adherence to this requirement shall be provided by the developer to the community development department prior to the close of sales for the units.

Notice of Intention. As provided in Government Code Section 66427.1(a) beginning at least sixty days before the filing of a tentative map, the subdivider shall give notice of intention to convert to each tenant and prospective new tenant, as provided in Government Code Sections 66452.8 and 66452.9. Evidence of receipt by each tenant and prospective tenant shall be submitted with the tentative map. The form of the notice shall be as approved by the community development department and shall contain not less than the following:

Tenant's Right to Purchase.

Senior Citizens and Disabled Tenants.

Very-Low, Low and Moderate Income Tenants.

Tenant Relocation Assistance Plan.

Public policy—Lease Provisions and Evictions.

Remodeling. No remodeling planned as part of conversion shall be performed in a unit still occupied by a non-purchasing tenant, without written permission. In the event a unit is occupied by a tenant obtaining a special two- or three-year lease, remodeling may occur only after the end of such lease period.

Notice of Public Report. As provided in Government Code Section 66427.1(a), each tenant shall receive ten days' written notice that an application for a public report will be or has been submitted to the Department of Real Estate, and that such report will be available on request. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirement for service by mail.

Notice of Final Map Approval. As provided in Government Code 66427.1(b), each tenant shall receive written notification within ten days of approval of a final map for the proposed conversion. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

Whether or not the amount and impact of the displacement of tenants, if the conversion if approved, would be detrimental to the health, safety or general welfare of the community.

Whether or not the existing apartment complex is serving very-low, low and moderate income households. Standard definitions of very-low, low and moderate income rents used by the federal and state governments should be used in the evaluation. Along with other factors, the city should consider:

The vacancy rate and turnover rate in multiple-family rental housing in the community, and the extent to which the proposed conversion will create hardships. A conversion may be denied based upon a lack of reasonable alternative housing opportunities.

The need and demand for lower-cost home ownership opportunities which are increased by the conversion of apartments to condominiums.

The current and historical vacancy rate in the project. In evaluation of the current vacancy level under this subsection, the increase in rental rates for each unit over the preceding five years and the average monthly vacancy rate for the project over the preceding two years shall be considered. If the planning commission determines that vacancies in the project have been increased or encouraged for the purpose of preparing the project for conversion, it may disapprove the tentative map.

Whether or not the conversion will be detrimental to the retention of very-low, low and moderate housing stock or will reduce or significantly alter the opportunity within the City for the housing of young and elderly citizens.

The developer will provide for a significant increase in housing for very-low, low and moderate income households or senior citizen households over and above the provisions of this chapter.

The developer will provide for the construction of new rental housing.

The developer will donate an acceptable site or an acceptable amount of funds to the city for construction of new rental or senior citizen housing.

The need and demand for low cost home ownership to be provided for by the project will outweigh the detriment caused by further reduction of the rental stock.

Conforms to the requirements of this chapter;

Is consistent with the Brentwood general plan and current zoning regulations;

For a project of five units or more, it will not cause the total amount of rental units for the current housing stock in the city to drop below fifteen percent according to the most recent census information or as shown in the city's general plan housing element housing tenure statistics whichever is most current;

The overall design and physical condition of the condominium conversion achieves a high degree of appearance, quality and safety;

The conversion project is appropriate as a condominium conversion project due to its age, condition, including any proposed renovations, location or any other matters affecting its continuing viability as an ownership project;

The developer has complied with the tenant provisions public policy requirements and has not evicted or coerced any tenant resulting in a violation of Section 17.740.070 of this chapter;

The proposed condominium conversion project will not negatively impact very-low or low-income, elderly or disabled households;

The proposed project will not convert during the current calendar year more than five percent of the potentially convertible rental units in the city except as otherwise provided in this chapter; and

Vacancies in the project have not been intentionally increased for the purpose of preparing the project for conversion; and

Satisfies the requirements of Government Code Section 66427.1 regarding notice to tenants.

Title. The provisions of this chapter shall be known as the "motel regulations" of this title.

Purpose. The purpose of these provisions is to protect public health, safety and welfare through the prevention of adverse impacts often associated with motels, including, but not limited to, crime, loitering and blight.

Title. The provisions of Chapter 17.760 shall be known as the "reasonable accommodation for persons with disabilities" chapter of this title.

Purpose. This chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws, building regulations, and other land use regulations, policies and procedures.

Application. Requests for reasonable accommodation shall be submitted on an application form provided by the community development director or in the form of a letter. Information regarding the specifics of the disability will remain confidential and inaccessible by the public. The application, whether on the form or in the form of a letter shall contain the following information:

Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including, but not limited to, use permit, plan check review, general plan amendment, zone change, etc.), then the applicant shall file the information required by subsection A together for concurrent review with the application for discretionary approval.

Community Development Director. Requests for reasonable accommodation shall be reviewed by the director, or designee if no approval is sought other than the request for reasonable accommodation.

Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application.

Director Review. The community development director, or designee, shall make a written determination within thirty calendar days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with Section 17.760.006 (Findings and decision).

Other Reviewing Authority. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review. The written determination to grant or deny the request for reasonable accommodation shall be made in accordance with Section 17.760.006 (Findings and decision).

Additional Information. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with the Acts, specifying in detail the information that is required. In the event that a request for additional information is made, the thirty-day period to issue a decision is stayed until the applicant responds to the request.

Findings. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:

Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection A.

Appeals of the Decision of the Director. An applicant or any party with interest may appeal any determination of the director to the planning commission if appropriate notice is given to the community development department office within thirty calendar days of the director's decision. If an individual needs assistance in filing an appeal on an adverse decision, the city will provide assistance to ensure that the appeals process is accessible. The city shall charge a fee for costs involved in the appeal. The planning commission shall hear and determine any appeal within thirty days of such notice.

Appeals of Decision of the Planning Commission or Other Reviewer. An applicant or any party with interest may appeal any determination of the planning commission or other reviewer to the city council if appropriate notice is given to the community development department office within ten calendar days of the planning commission's decision. The city shall charge a fee for costs involved in the appeal. If an individual needs assistance in filing an appeal on an adverse decision, the jurisdiction will provide assistance to ensure that the appeals process is accessible. The city council shall hear and determine any appeal within thirty days of such notice. The decision of the city council shall be deemed final.

Title. The provisions of this chapter shall be known as the "emergency shelter regulations" of this title.

Purpose. The regulations in this title are intended to facilitate the establishment of emergency shelters and provide objective procedures and standards. An emergency shelter that meets the standards set forth in this title and is identified as a permitted use within a zone shall be approved ministerially and without discretionary review or a public hearing. These regulations also apply to any emergency shelter processed through the conditional use permit or temporary use permit processes.

Occupancy. The maximum number of beds or persons permitted to be served nightly by an emergency shelter, or any combination of emergency shelters in the city, shall not exceed the number of unsheltered homeless as determined by the general plan housing element in accordance with state law.

Length of Stay. Occupancy for an individual in an emergency shelter is limited to no more than six months. The operator of the emergency shelter shall maintain adequate documentation to demonstrate compliance with this provision.

Location. No emergency shelter shall be located within three hundred feet of another emergency or homeless shelter or similar type facility. The distance between emergency shelters shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall or the closest location of any outdoor common facilities of one emergency shelter to the closest exterior wall or the closest location of any outdoor common facilities of another emergency shelter.

Management Plan. Prior to the establishment of the use and development, the operator of the emergency shelter must submit to the community development department a written management plan, approved by the city manager. As a minimum, the management plan shall include and address the following:

Common Facilities and Services. An emergency shelter may include the following facilities and services as ancillary to the emergency shelter use:

Client Intake Areas. An enclosed intake area shall be provided within the emergency shelter building. The intake area shall be a minimum of one hundred square feet in size, located entirely within the building. The intake hours shall be posted clearly on the doors to the emergency shelter. Clients shall be allowed to wait in an interior or exterior waiting area that shall not exceed one hundred square feet. Clients shall not loiter nor form a queue outside of the exterior waiting area.

Parking. Emergency shelters shall provide sufficient on-site parking to accommodate all employees, consistent with Section 65583, subdivision (a)(4)(B)(ii) of the State Government Code; provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.

Lighting. Exterior lighting shall be located along all pedestrian pathways, parking lots, entrances and exits, common outdoor areas and at the front of the building. All lighting shall be maintained in good operating condition and shall be fully-shielded.

On-Site Security. Security measures shall be reviewed and approved by the chief of police prior to commencement of operations on the site and shall be sufficient to protect clients and neighbors. On-site security shall be provided during the hours when the emergency shelter is in operation and at all times when clients are present on-site. In the event that five or more calls for police services have been received over a thirty-day period by the police department, the facility shall be required to provide additional on-site security staff to the satisfaction of the chief of police and the community development director.

City, County and State Requirements. An emergency shelter shall obtain and maintain in good standing all required licenses, permits, and approvals from the city, county and state agencies or departments and demonstrate compliance with applicable building and fire codes. An emergency shelter shall comply with all county and state health and safety requirements for food, medical and other supportive services provided on-site.

Except as set forth in subsection C below, origination or acceptance of deliveries of cannabis for any purpose is prohibited in all zoning districts in the city.

Except as set forth in subsection C below, no person and/or entity may deliver or transport cannabis, including medicinal cannabis, from any fixed or mobile location, either inside or outside the city, to any person in the city.

As an exception to subsection A and above, and as required by the Medicinal Cannabis Patients' Right of Access Act (Business and Professions Code Sections 26321, et seq.) a person may deliver or transport medicinal cannabis to a medicinal cannabis patient, subject to the following requirements:

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.

The purpose of this chapter is to prohibit all cannabis activities for which a state license is required. Accordingly, the city shall not issue any permit, license or other entitlement for any commercial cannabis activity for which a state license is required.

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

The purpose of this chapter is to adopt reasonable regulations and procedures, consistent with and subject to federal and California state law, for compliance with Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 112-96, codified in Title 47 of the United States Code Section 1455(a), and related Federal Communications Commission regulations codified in Title 47 of the Code of Federal Regulations Section 1.40001 et seq.

This chapter does not intend to, and shall not be interpreted or applied to: (1) prohibit or effectively prohibit personal wireless services; (2) unreasonably discriminate among providers of functionally equivalent personal wireless services; (3) regulate the installation. operation, collocation, modification or removal of wireless facilities on the basis of the environmental effects of radio frequency emissions to the extent that such emissions comply with all applicable FCC regulations; (4) prohibit or effectively prohibit any collocation or modification that the city may not deny under California or federal law; or (5) allow the city to preempt any applicable California or federal law.

Permit Application Required. The director may not grant any Section 6409(a) collocation/modification permit unless the applicant has submitted a complete application.

Permit Application Content. This section governs minimum requirements for permit application content and procedures for additions and/or modifications to Section 6409(a) collocation/modification permit applications. The city council directs and authorizes the director to develop and publish application forms, checklists, informational handouts and other related materials that describe required materials and information for a complete application in any publicly stated form. Without further authorization from the city council, the director may, from time to time, update and alter the permit application forms, checklists, informational handouts and other related materials as the director deems necessary or appropriate to respond to regulatory, technological or other changes. The materials required under this subsection are minimum requirements for any Section 6409(a) collocation/modification permit application the director may develop.

Pre-Application Meeting Appointment. Prior to application submittal, applicants must schedule and attend a pre-application meeting with design review staff for all Section 6409(a) collocation/modification permit applications. Such pre-application meeting is intended to streamline the application review through discussions including, but not limited to, the appropriate project classification, including whether the project qualifies for a Section 6409(a) collocation/modification permit; any latent issues in connection with the existing tower or base station; potential concealment issues (if applicable); coordination with other city departments responsible for application review; and application completeness issues. Applicants must submit a written request (mail or email) for an appointment. City staff shall endeavor to provide applicants with an appointment within approximately five working days after receipt of a written request.

Application Submittal Appointment. All applications for a Section 6409(a) collocation/ modification permit must be submitted to the city at a pre-scheduled appointment. Applicants may submit one application per appointment but may schedule successive appointments for multiple applications whenever feasible as determined by the city. Applicants must submit a written request (mail or email) for an appointment. City staff shall endeavor to provide applicants with an appointment within approximately five working days after receipt of a written request.

Application Resubmittal Appointment. All application resubmittals must be tendered to the city at a pre-scheduled appointment. Applicants may resubmit one application per appointment but may schedule successive appointments for multiple applications whenever feasible for the city. Applicants must submit a written request (mail or email) for an appointment. City staff shall endeavor to provide applicants with an appointment within approximately five working days after receipt of a written request.

Applications Deemed Withdrawn. To promote efficient review and timely decisions, an application will be automatically deemed withdrawn when an applicant fails to tender a substantive response within ninety days after the city deems the application incomplete in a written notice to the applicant. The director may in the director's discretion grant a written extension for up to an additional thirty days upon a written request for an extension received prior to the ninetieth day. The director may grant further written extensions only for good cause, which includes circumstances outside the applicant's reasonable control.

Manner of Notice. Within fifteen days after an applicant submits an application for a Section 6409(a) collocation/modification permit, written notice of the application shall be sent by First Class United States mail to:

Notice Content. The notice required under this section shall include all the following information:

Findings for Approval. The director may approve or conditionally approve an application for a Section 6409(a) collocation/modification permit only when the director finds all of the following:

Criteria for a Denial Without Prejudice. Notwithstanding subsection A, the director shall not approve an application for a Section 6409(a) collocation/modification permit when the director finds that the proposed collocation or modification:

All Section 6409(a) Permit Denials Are Without Prejudice. Any "denial" of a Section 6409(a) permit application shall be limited to only the applicant request for approval pursuant to Section 6409(a) and shall be without prejudice to the applicant, the real property owner or the project. Subject to the application and submittal requirements in this chapter, the applicant may immediately resubmit a permit application for either a conditional use permit, land use permit or Section 6409(a) permit as appropriate.

Conditional Approvals. Subject to any applicable limitations in federal or state law, nothing in this chapter is intended to limit the city's authority to conditionally approve an application for a Section 6409(a) collocation/modification permit to protect and promote the public health, safety and welfare.

Permit Duration. The city's grant or grant by operation of law of a Section 6409(a) collocation/modification permit constitutes a federally-mandated modification to the underlying permit or approval for the subject tower or base station. The city's grant or grant by operation of law of a Section 6409(a) collocation/modification permit will not extend the permit term for any conditional use permit, land use permit or other underlying regulatory approval and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station.

Accelerated Permit Terms Due to Invalidation. In the event that any court of competent jurisdiction invalidates any portion of Section 6409(a) or any FCC rule that interprets Section 6409(a) such that federal law would not mandate approval for any Section 6409(a) collocation/ modification permit(s), such permit(s) shall automatically expire one year from the effective date of the judicial order, unless the decision would not authorize accelerated termination of previously approved Section 6409(a) collocation/modification permits. A permittee shall not be required to remove its improvements approved under the invalidated Section 6409(a) collocation/modification permit when it has submitted an application for either a conditional wireless facilities permit or an administrative wireless facilities permit for those improvements before the one-year period ends. The director may extend the expiration date on the accelerated permit upon a written request from the permittee that shows good cause for an extension.

No Waiver of Standing. The city's grant or grant by operation of law of a Section 6409(a) collocation/modification permit does not waive, and shall not be construed to waive, any standing by the city to challenge Section 6409(a), any FCC rules that interpret Section 6409(a) or any Section 6409(a) collocation/modification permit.

Compliance with All Applicable Laws. The permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations, ordinance or other rules.

Inspections; Emergencies. The city or its designee may enter onto the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The city reserves the right to enter or direct its designee the facility and support, repair, disable or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.

Contact Information for Responsible Parties. The permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person. All such contact information for responsible parties shall be provided to the director upon permittee's receipt of the director's written request.

Indemnities. The permittee and, if applicable, the non-government owner of the private property upon which the tower/and or base station is installed shall defend, indemnify and hold harmless the city, its agents, officers, officials and employees: (1) from any and all damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs of mandamus and other actions or proceedings brought against the city or its agents, officers, officials or employees to challenge, attack, seek to modify, set aside, void or annul the city's approval of the permit; and (2) from any and all damages, liabilities, injuries, losses, costs and expenses and any and all claims, demands, law suits or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or, if applicable, the private property owner or any of each one's agents, employees, licensees, contractors, subcontractors or independent contractors. The permittee shall be responsible for costs of determining the source of the interference, all costs associated with eliminating the interference, and all costs arising from third party claims against the city attributable to the interference. In the event the city becomes aware of any such actions or claims the city shall promptly notify the permittee and the private property owner and shall reasonably cooperate in the defense. It is expressly agreed that the city shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the city's defense, and the property owner and/or permittee (as applicable) shall reimburse city for any costs and expenses directly and necessarily incurred by the city in the course of the defense.

Adverse Impacts on Adjacent Properties. The permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification and removal of the facility.

General Maintenance. The site and the facility, including, but not limited to, all landscaping, fencing and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval.

Graffiti Abatement. The permittee shall remove any graffiti on the wireless facility at the permittee's sole expense subject to the provisions of Chapter 9.90.

Notice of the Decision. Within five working days after final decision by the approval authority, notice of the decision shall be mailed to the applicant at the address shown on the application and to all other persons entitled to receive notice pursuant to Section 17.790.070. The city shall provide the reasons for any denial either in the written decision or in some other written record available at the same time as the denial.

Appeal. Subject to the applicable federal timeframe for permit application review (accounting for any tolling periods), any aggrieved party may appeal an action of the director as provided in Chapter 17.880 of this code. The planning commission shall serve as the hearing body for all appeals of all actions of the director taken pursuant to this chapter, subject to further appeal to the city council. The applicable hearing body shall limit its review to whether the project should be approved or denied in accordance with the provisions in Section 17.790.080.

Authorization. The city council authorizes the director to, in his or her discretion, select and retain an independent consultant with expertise in telecommunications satisfactory to the director in connection with any permit application.

Scope. Subject to the provisions of subsection C, the director may require the applicant to provide, at applicant's sole cost, independent consultant review on any issue that involves specialized or expert knowledge in connection with the permit application. Such issues may include, but are not limited to:

Deposit. The applicant must pay for the cost of any review required under subsection B and for the technical consultant's testimony in any hearing as requested by the director and must provide a reasonable advance deposit of the estimated cost of such review with the city prior to the commencement of any work by the technical consultant. The applicant must provide an additional advance deposit to cover the consultant's testimony and expenses at any meeting where that testimony is requested by the director. Where the advance deposit(s) are insufficient to pay for the cost of such review and/or testimony, the director shall invoice the applicant who shall pay the invoice in full within ten calendar days after receipt of the invoice. No permit shall issue to an applicant where that applicant has not timely paid a required fee, provided any required deposit or paid any invoice as required in this code.

The purpose of this chapter is to reasonably regulate, to the extent permitted by California and federal law, the installation, operation, collocation, modification and removal of wireless facilities in the city of Brentwood in a manner that protects and promotes public health, safety and welfare, and balances the benefits that flow from robust wireless services with the unique and historic character, aesthetics and local values of the city.

This chapter does not intend to, and shall not be interpreted or applied to: (1) prohibit or effectively prohibit personal wireless services; (2) unreasonably discriminate among providers of functionally equivalent personal wireless services; (3) regulate the installation, operation, collocation, modification or removal of wireless facilities on the basis of the environmental effects of RF emissions to the extent that such emissions comply with all applicable FCC regulations; (4) prohibit or effectively prohibit any collocation or modification that the city may not deny under California or federal law; or (5) allow the city to preempt any applicable California or federal law.

Applicable Facilities. This chapter applies to applications submitted after the effective date of this chapter for: (1) new facilities; and (2) collocations or modifications to existing facilities not submitted for approval pursuant to Section 6409(a).

Nonconforming Facilities. Any existing facility within the city's jurisdictional boundaries that does not conform to the requirements in this chapter is deemed a nonconforming facility as defined in Section 17.610.003. All nonconforming facilities are subject to the provisions in Chapter 17.610, to the extent permitted under federal and state law.

Exempted Facilities. Notwithstanding subsection A, this chapter shall not apply to: (1) facilities owned and operated by the city for the city's use; (2) amateur radio facilities; (3) OTARD antenna facilities; (4) facilities or equipment owned and operated by CPUC-regulated electric companies for use in connection with electrical power generation, transmission and distribution facilities subject to CPUC General Order 131-D; (5) applications to collocate, replace or remove transmission equipment at an existing wireless tower or base station without a substantial change in physical dimensions and submitted for approval under Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012; and (6) all small wireless facilities, which shall be subject to a permit as specified in city council policy no. 110-6, which is adopted and may be amended by city council resolution. All small wireless facilities shall comply with city council policy no. 110-6. If city council policy no. 110-6 is repealed, an application for a small wireless facility shall be processed pursuant to this chapter.

Conditional Wireless Facilities Permit. A conditional wireless facilities permit is required for any new facilities and collocations or modifications to existing facilities as follows:

Administrative Wireless Facilities Permit. An administrative wireless facilities permit is required for any new facilities and collocations or modifications to existing facilities as follows:

Accessory Wireless Use Permit. The city council authorizes the director to develop and, from time to time, amend standards and other regulations for the classification of certain wireless facilities as an accessory use subject to an administrative zoning clearance rather than a conditional wireless facilities permit or an administrative wireless facilities permit; provided, however, that any such accessory use regulations shall be subject to the following:

Public Hearing Notice. Public hearing notice has been duly given in accordance with Section 17.800.009.

Deemed-Approval Notice. No more than thirty days before the applicable timeframe for review expires (ninety days for collocations and one hundred fifty days for all other applications), the applicant must provide written notice to all persons entitled to notice in accordance with Section 17.800.009, as modified in this section.

Standard Conditional Use Permit Criteria. The proposed wireless facility conforms to all the criteria for a conditional use permit in accordance with Section 17.830.005, which may include conformance with the criteria for design and site development review in accordance with Chapter 17.820 when applicable.

Chapter 17.795 Compliance. The proposed wireless facility conforms to all the applicable criteria set out in this chapter, unless the applicant demonstrates that its proposal qualifies for the exception contained in Section 17.795.160(A).

Least Intrusive Means. The applicant provided factual evidence and a meaningful comparative analysis to show that all alternative locations and designs identified in the application review process (either by the applicant, city staff or the planning commission) were technically infeasible or not potentially available.

Deemed-Approval Notice. No more than thirty days before the applicable timeframe for review expires (ninety days for collocations and one hundred fifty days for all other applications), the applicant must provide written notice to the community development department and all persons entitled to notice in accordance with Section 17.800.009, if any, as modified in this section.

Standard Design Review Criteria. The proposed wireless facility conforms to all the criteria for design and site development review in accordance with Chapter 17.820.

Chapter 17.795 Compliance. The proposed wireless facility conforms to all the applicable criteria set out in this chapter without need for any exception pursuant to Section 17.795.160(A).

Least Intrusive Means. The applicant provided factual evidence and a meaningful comparative analysis to show that all alternative locations and designs identified in the application review process (either by the applicant, city staff or the director) were technically infeasible or not potentially available.

Permit Application Required. The city may not grant any applicant a conditional wireless facilities permit or an administrative wireless facilities permit unless the applicant has submitted a complete application.

Permit Application Content. This section governs the content of a complete permit application. The city council authorizes the director to develop and publish permit application forms, checklists, informational handouts and other related materials. Without further authorization from the city council, the director may, from time to time, update and alter the permit application forms, checklists, informational handouts and other related materials as the director deems necessary or appropriate to respond to regulatory, technological or other changes. The materials required under this subsection B are minimum requirements for any application the director may develop.

Pre-Application Meeting Appointment. Prior to application submittal, applicants must schedule and attend a pre-application meeting with design review staff for all proposed facilities on poles, vacant properties or in residential zones. Such pre-application meeting is intended to streamline the application review through discussions including, but not limited to, the appropriate project classification, including whether the project may qualify for a Section 6409(a) collocation/ modification permit; potential concealment issues (if applicable); coordination with other city departments responsible for application review; and application completeness issues. For all other projects, pre-application meetings are strongly encouraged but not required. Design review staff will endeavor to provide applicants with an appointment within approximately five business days after receipt of a written or email request. For any applicant that schedules, attends and fully participates in a pre-application meeting, the director may grant a written exemption from a specific application requirement or requirements when the applicant shows that the information requested is duplicative of information unnecessary for the city's review of a particular project. Any such written waiver shall be limited to the project discussed at the pre-application meeting and shall not extend to any other projects.

Application Submittal Appointment. All applications must be submitted to the city at a pre-scheduled appointment. Applicants may submit one application per appointment but may schedule successive appointments for multiple applications whenever feasible as determined by the city. City staff will endeavor to provide applicants with an appointment within five business days after a request.

Application Resubmittal Appointment. All resubmittals of applications must be submitted to the city at a pre-scheduled appointment. Applicants may resubmit one application per appointment but may schedule successive appointments for multiple applications whenever feasible for the city. City staff will endeavor to provide applicants with an appointment within five business days after receipt of a written or email request.

Deemed-Withdrawn Applications. To promote efficient review and timely decisions, an application will be automatically deemed withdrawn when an applicant fails to tender a substantive response within ninety days after the city deems the application incomplete in a written notice to the applicant. The director may, in the director's sole discretion, grant a written extension for up to an additional thirty days upon a written request for an extension received prior to the ninetieth day. The director may grant further written extensions only for good cause, which includes circumstances outside the applicant's reasonable control.

Preferred Locations. The city prefers wireless facilities in the locations listed below. Applicants should propose new facilities in these locations to the extent feasible. The list orders locations from most preferred to least preferred:

Discouraged Locations. The city discourages wireless facilities in the locations listed below. Applicants should avoid proposals in these locations to the extent feasible, and applications in discouraged locations must be for stealth facilities. The list orders locations from most discouraged to least discouraged:

General Design Standards and Guidelines. All proposed wireless facilities and modifications subject to either a conditional wireless facilities permit or an administrative wireless facilities permit must conform to the design standards and guidelines in this section.

Freestanding Wireless Facilities. In addition to the generally applicable standards and guidelines provided in subsection C, all proposed freestanding wireless facilities or modifications to freestanding wireless facilities must conform to the standards and guidelines in this subsection D.

Building-Mounted Wireless Facilities. In addition to the generally applicable standards and guidelines provided in subsection C, all proposed building-mounted wireless facilities or modifications to building-mounted wireless facilities must conform to the standards and guidelines in this subsection E.

Wireless Facilities in the Public Rights-of-Way. In addition to the generally applicable standards and guidelines provided in subsections A through D above, all proposed wireless facilities in the rights-of-way or modifications to such wireless facilities must conform to the standards and guidelines in this subsection F.

Permit Duration. The permit will automatically expire ten years from the issuance date, except when California Government Code Section 65964(b), as may be amended, authorizes the city to issue a permit with a shorter term.

Compliance with All Applicable Laws. The permittee shall at all times maintain compliance with all applicable federal, state and local laws. regulations, ordinance or other rules.

Inspections; Emergencies. The city or its designee may enter onto the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The city reserves the right to enter or direct its designee the facility and support, repair, disable or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.

Contact Information for Responsible Parties. The permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person. All such contact information for responsible parties shall be provided to the director within one business day of permittee's receipt of the director's written request.

Indemnities. The permittee and, if applicable, the non-government owner of the private property upon which the tower/and or base station is installed shall defend, indemnify and hold harmless the city, its agents, officers, officials and employees: (1) from any and all damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs of mandamus and other actions or proceedings brought against the city or its agents, officers, officials or employees to challenge, attack, seek to modify, set aside, void or annul the city's approval of the permit; and (2) from any and all damages, liabilities, injuries, losses, costs and expenses and any and all claims, demands, law suits or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or, if applicable, the private property owner or any of each one's agents, employees, licensees, contractors, subcontractors or independent contractors. The permittee shall be responsible for costs of determining the source of the interference, all costs associated with eliminating the interference, and all costs arising from third party claims against the city attributable to the interference. In the event the city becomes aware of any such actions or claims the city shall promptly notify the permittee and the private property owner and shall reasonably cooperate in the defense. It is expressly agreed that the city shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the city's defense, and the property owner and/or permittee (as applicable) shall reimburse the city for any costs and expenses directly and necessarily incurred by the city in the course of the defense.

Adverse Impacts on Adjacent Properties. The permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification and removal of the facility.

General Maintenance. The site and the facility, including, but not limited to, all landscaping, fencing and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval.

Graffiti Abatement. The permittee shall remove any graffiti on the wireless facility at permittee sole expense subject to the provisions of Chapter 9.90.

Notice of the Decision. Within five working days after final decision by the approval authority, notice of the decision shall be mailed to the applicant at the address shown on the application and to all other persons who have filed a written request for notice of the reasons for any denial either in the written decision or in some other written record available at the same time as the denial.

Conditional Wireless Facilities Permits. Any person or entity may appeal a final decision by the planning commission in accordance with Chapter 17.880. The appeal must state in plain terms the grounds for reversal and the facts that support those grounds. The appellant must pay a fee established by a resolution of the city council at the time the appeal is filed. The city council shall review the decision of the planning commission solely on the specific issues raised by the appellant(s). The city council shall review the decision of the planning commission de novo.

Administrative Wireless Facilities Permits. Any person or entity may appeal a final decision by the director in accordance with Chapter 17.880. The appeal must state in plain terms the grounds for reversal and the facts that support those grounds. The appellant must pay a fee established by a resolution of the city council at the time the appeal is filed. The planning commission shall review the decision of the director solely on the specific issues raised by the appellant(s). The planning commission shall review the decision of the director de novo.

Grounds for Revocation. A permit granted under this chapter may be revoked for noncompliance with any enforceable permit, permit condition or law provision applicable to the facility.

Revocation Procedures.

Decommissioned Wireless Facilities. Any permittee that intends to decommission a wireless facility must send thirty days' prior written notice by United States certified mail to the director. The permit will automatically expire thirty days after the director receives such notice of intent to decommission, unless the permittee rescinds its notice within the thirty-day period.

Procedures for Abandoned Facilities.

Removal by Permittee. The permittee or property owner must completely remove the wireless facility and all related improvements within ninety days after the: (1) permit expires; (2) city council properly revokes a permit pursuant to Section 17.795.130(B); (3) permittee decommissions the wireless facility, or (4) city council properly deems the wireless facility abandoned pursuant to Section 17.795.140(B). In addition and within the ninety-day period, the permittee or property owner must restore the former wireless facility site area to a condition compliant with all applicable codes and consistent with the then-existing surrounding area.

Removal by City. The city may, but is not obligated to, remove an abandoned wireless facility, restore the site to a condition compliant with all applicable codes and consistent with the then-existing surrounding area, and repair any and all damages that occurred in connection with such removal and restoration work. The city may, but shall not be obligated to, store the removed wireless facility or any part thereof, and may use, sell or otherwise dispose of it in any manner the city deems appropriate in its sole discretion. The last-known permittee or its successor-in-interest and, if on private property, the real property owner shall be jointly liable for all costs incurred by the city in connection with its removal, restoration, repair and storage, and shall promptly reimburse the city upon receipt of a written demand, including any interest on the balance owing at the maximum lawful rate. The city may, but shall not be obligated to, use any financial security required in connection with the granting of the facility permit to recover its costs and interest. A lien may be placed on all abandoned personal property and the real property on which the abandoned wireless facility is located for all costs incurred in connection with any removal, repair, restoration and storage performed by the city. The city clerk shall cause such a lien to be recorded with the county of Contra Costa clerk-recorder's office.

Relocation Procedures for Facilities in the Rights-of-Way. After reasonable written notice to the permittee, the director of public works may require a permittee, at the permittee's sole expense and in accordance with the standards in this chapter applicable to such wireless facility, to relocate or reconfigure a wireless facility in the public rights-of-way as the director of public works deems necessary to maintain or reconfigure the rights-of-way for other public projects or take any actions necessary to protect public health, safety and welfare. The provisions in this section are intended to include circumstances in which a wireless facility is installed on a pole scheduled for undergrounding.

Limited Exemption for Personal Wireless Service Facilities. The city council recognizes that federal law prohibits a permit denial when it would effectively prohibit the provision of personal wireless services and the applicant proposes the least intrusive means to provide such services. The city council finds that, due to wide variation among wireless facilities, technical service objectives and changed circumstances over time, a limited exemption for proposals in which strict compliance with this chapter would effectively prohibit personal wireless services serves the public interest. The city council further finds that circumstances in which an effective prohibition may occur are extremely difficult to discern, and that specified findings to guide the analysis promotes clarity and the city's legitimate interest in well-planned wireless facilities deployment.

Therefore, in the event that any applicant asserts that strict compliance with any provision in this chapter, as applied to a specific proposed personal wireless services facility, would effectively prohibit the provision of personal wireless services, the planning commission may grant a limited, one-time exemption from strict compliance subject to the provisions in this subsection A.

Variances. All other requests to relax or waive any provision under this chapter for any non-personal wireless services facility are subject to the variance procedures under Chapter 17.860.

Authorization. The city council authorizes the director to, in his or her discretion, select and retain an independent consultant with expertise in telecommunications satisfactory to the director in connection with any permit application.

Scope. The director may request independent consultant review on any issue that involves specialized or expert knowledge in connection with the permit application. Such issues may include, but are not limited to:

Deposit. The applicant must pay for the cost of such review and for the technical consultant's testimony in any hearing as requested by the director and must provide a reasonable advance deposit of the estimated cost of such review with the city prior to the commencement of any work by the technical consultant. The applicant must provide an additional advance deposit to cover the consultant's testimony and expenses at any meeting where that testimony is requested by the director. Where the advance deposit(s) are insufficient to pay for the cost of such review and/or testimony, the director shall invoice the applicant who shall pay the invoice in full within ten calendar days after receipt of the invoice. No permit shall issue to an applicant where that applicant has not timely paid a required fee, provided any required deposit or paid any invoice as required in this code.

Title. The provisions of this chapter shall be known as the "short-term rental" provisions of this title.

Purpose. The purpose of these provisions is to regulate the short-term rental of all residential dwelling units, including those constructed, converted, or otherwise developed through the use of California Government Code Sections 65852.21 or 66411.7.

Definition. "Short-term rental unit" means the rental or occupancy of any residential dwelling unit or a portion thereof for a period of thirty consecutive calendar days or less. Short-term rental units include uninhabitable portions of the property such as swimming pools, courts, backyards, and other amenities available for rent for less than thirty consecutive calendar days.

Short-Term Rental Units Prohibited. It shall be unlawful for any person or entity to offer or make available to rent or to rent (by way of a rental agreement, lease, license, or any other means, whether written or oral), for compensation or any consideration, a short-term rental unit.

For purposes of this chapter, "flag lot" means a lot having access to a street by means of a private driveway or corridor of land not otherwise meeting the applicable regulations of the zoning ordinance for site width. The length of the corridor access shall be measured from the frontage line to the nearest point of intersection with that property line parallel or most nearly parallel to the frontage line.

For purposes of this chapter, "primary dwelling unit" means a dwelling unit that is not an accessory dwelling unit or a junior accessory dwelling unit.

"Sufficient for separate conveyance" means that each two-unit housing development unit is constructed in a manner adequate to allow for the transfer of title, ownership, rights, and interests in the property, from one entity to another.

For purposes of this chapter, "two-unit housing development" means two primary dwelling units on a single parcel.

For purposes of this chapter, "urban lot split" means a subdivision of an existing parcel into no more than two separate parcels of approximately equal size and meeting all the criteria and standards set forth in this chapter.

When not located on a site subject to an approved or proposed urban lot split, the maximum number of units allowed are:

When located on a site subject to an approved or proposed urban lot split, a maximum of two primary dwelling units meeting the requirements of this chapter are permitted per resulting parcel, for a total of two units on each of the two resulting parcels. Should a resulting parcel include only one primary dwelling unit, either one accessory dwelling unit or junior accessory dwelling unit meeting the requirements of Section 17.100.005 is permitted. No more than two dwelling units of any kind will be permitted on a parcel created through the approval of an urban lot split.

The community development director shall be responsible for determining whether a two-unit housing development meets the requirements for ministerial approval under this section. The city shall ministerially review without a hearing an application for a two-unit housing development, as specified in state law. The proposed two-unit housing development shall meet all of the following requirements:

Unless the building official makes a written finding, based upon a preponderance of the evidence, that the proposed two-unit housing development would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact, the community development director shall ministerially approve the application for a two-unit housing development, provided:

Plot plan, drawn to scale, showing the dimensions of the lot on which the dwelling units will be located; the location and dimensioned setbacks of all existing and proposed structures on the site; any existing trees proposed to be removed; all existing and proposed easements; building envelopes; location of existing and proposed utilities; and number and dimensions of parking spaces and curb cuts for the project site.

Floor plans of each structure, existing and proposed, with each room dimensioned and the resulting gross floor area calculated.

Elevation drawings of existing and proposed elevations, showing all relevant details for the proposed construction, including, but not limited to, dimensions, materials and colors, and any other special characteristics of the project.

If demolition of any existing building is proposed, a demolition plan showing:

A table detailing the lot size; existing dwelling unit square footage (with and without garage), if applicable; square footage of each proposed primary dwelling unit; and square footage of each proposed accessory dwelling unit or junior accessory dwelling unit, if applicable.

A declaration on a form provided by the city and signed by the property owner with a qualified notary as witness, indicating whether or not the existing dwelling unit on the property has been occupied by a tenant in the last three years (last five years if the unit is to be demolished).

The legal owner or owners shall reside in one of the dwelling units as their principal residence.

An affidavit stating that the owner intends to record a covenant prohibiting non-residential uses of any housing development units, including a prohibition against renting or leasing the units for fewer than thirty consecutive calendar days.

For units connected to an onsite wastewater treatment system, the owner must provide a percolation test completed within the last five years, or if the percolation test has been recertified, within the last ten years.

Other materials as required on the city's application form.