JOINT PINOLE CITY COUNCIL AND PLANNING COMMISSION
SPECIAL MEETING AGENDA
PLANNING COMMISSION
Timothy Baneulos, Chair
Ann Moriarty, Vice Chair
Adam Benzuly, Commissioner
David Kurrent, Commissioner
Franke Martinez, Commissioner
Rafael Menis, Commissioner
Simon Wong, Commissioner
CITY COUNCIL
Vincent Salimi, Mayor
Devin Murphy, Mayor Pro Tem
Anthony Tave, Council Member
Maureen Toms, Council Member
Norma Martínez-Rubin, Council Member
WEDNESDAY
July 13, 2022
6:00 P.M
Please note: HYBRID MEETING FORMAT
Attend in person : PINOLE CITY COUNCIL CHAMBERS - 2131 PEAR STREET OR
Attend VIA ZOOM TELECONFERENCE – Details provided below Please note: Updated COVID-19 safety protocols will be posted outside the City Council Chambers. Please review this information before entering the Council Chambers.
How to Submit Public Comments:
In Person: Attend meeting at the Pinole City Council Chambers, fill out a yellow public comment card and submit it to the City Clerk.
Via Zoom:
Members of the public may submit a live remote public comment via Zoom video conferencing. Download the Zoom mobile app from the Apple Appstore or Google Play. If you are using a desktop computer, you can test your connection to Zoom by clicking here. Zoom also allows you to join the meeting by phone.
From a PC, Mac, iPad, iPhone or Android:
https://us02web.zoom.us/j/89335000272
Webinar ID: 893 3500 0272
By phone: +1 (669) 900-6833 or +1 (253) 215-8782 or +1 (346) 248-7799 • Speakers will be asked to provide their name and city of residence, although providing this is not required for participation.
• Each speaker will be afforded up to 3 minutes to speak (subject to modification by the Mayor)
• Speakers will be muted until their opportunity to provide public comment.
When the Mayor opens the comment period for the item you wish to speak on, please use the “raise hand” feature (or press *9 if connecting via telephone) which will alert staff that you have a comment to provide and press *6 to unmute. To comment with your video enabled, please let the City Clerk know you would like to turn your camera on once you are called to speak. 1 of 65
City Council
Agenda – July 13, 2022
Written Comments: All comments received before 3:00 pm the day of the meeting will be posted on the City’s website on the agenda page (Agenda Page Link) and provided to the City Council prior to the meeting. Written comments will not be read aloud during the meeting.
Email comments to [email protected] Please indicate which item on the agenda you are commenting on in the subject line of your email.
Please note: Updated COVID-19 safety protocols will be posted outside the City Council Chambers. Please review this information before entering the Council Chambers.
OTHER WAYS TO WATCH THE MEETING
LIVE ON CHANNEL 26. They are retelecast the following Thursday at 6:00 p.m. The Community TV Channel 26 schedule is published on the city’s website at www.ci.pinole.ca.us.
VIDEO-STREAMED LIVE ON THE CITY’S WEBSITE, www.ci.pinole.ca.us. and remain archived on the site for five (5) years.
If none of these options are available to you, or you need assistance with public comment, please contact the City Clerk, Heather Bell at (510) 724-8928 or [email protected] .
Americans With Disabilities Act: In compliance with the Americans With Disabilities Act of 1990, if you need special assistance to participate in a City Meeting or you need a copy of the agenda, or the agenda packet in an appropriate alternative format, please contact the City Clerk’s Office at (510) 724-8928. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
Note: Staff reports are available for inspection on the City Website at www.ci.pinole.ca.us. You may also contact the City Clerk via e-mail at [email protected] .
Ralph M. Brown Act. Gov. Code § 54950. In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people's business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly. The people of this State do not yield their sovereignty to the agencies, which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.
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Pinole City Council
Agenda –July 13, 2022
1. CALL TO ORDER & PLEDGE OF ALLEGIANCE IN HONOR OF THE US MILITARY TROOPS
2. LAND ACKNOWLEDGMENT
Before we begin, we would like to acknowledge the Ohlone people, who are the traditional custodians of this land. We pay our respects to the Ohlone elders, past, present, and future, who call this place, Ohlone Land, the land that Pinole sits upon, their home. We are proud to continue their tradition of coming together and growing as a community. We thank the Ohlone community for their stewardship and support, and we look forward to strengthening our ties as we continue our relationship of mutual respect and understanding.
3. ROLL CALL, CITY CLERK’S REPORT & STATEMENT OF CONFLICT An official who has a conflict must, prior to consideration of the decision: (1) publicly identify in detail the financial interest that causes the conflict; (2) recuse himself /herself from discussing and voting on the matter; and (3) leave the room until after the decision has been made, Cal. Gov't Code § 87105.
4. CITIZENS TO BE HEARD (Public Comments) Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes for City Council items and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker. Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.
5. WORKSHOP ITEMS
A. Receive Progress Update on Land Use Planning for Pinole Project (Update to Housing and Health & Safety Elements and New Environmental Justice Element of General Plan) and Provide Direction as Appropriate [Action: Receive Report and Provide Direction to Staff (Whalen)]
6. ADJOURNMENT to the Regular City Council Meeting of July 19, 2022 in Remembrance of Amber Swartz.
I hereby certify under the laws of the State of California that the foregoing Agenda was posted on the bulletin board at the main entrance of Pinole City Hall, 2131 Pear Street Pinole, CA, on the City’s website, not less than 72 hours prior to the meeting date set forth on this agenda.
POSTED: July 7, 2022 at 4:00 P.M.
_________________________________
Heather Bell, CMC
City Clerk
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CITY COUNCIL
REPORT
5A
DATE: JULY 13, 2022
TO: MAYOR AND COUNCIL MEMBERS
PLANNING COMMISSION CHAIR AND COMMISSION MEMBERS
FROM: LILLY WHALEN, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: RECEIVE PROGRESS UPDATE ON LAND USE PLANNING FOR
PINOLE PROJECT (UPDATE TO HOUSING AND HEALTH & SAFETY
ELEMENTS AND NEW ENVIRONMENTAL JUSTICE ELEMENT OF
GENERAL PLAN) AND PROVIDE DIRECTION AS APPROPRIATE
RECOMMENDATION
Staff recommends that the City Council and Planning Commission jointly receive an update on progress of the Land Use Planning for Pinole project from consultant team Michael Baker International and provide direction as appropriate.
BACKGROUND
A General Plan is a legally required policy document for all jurisdiction in California and contains the community’s vision for future growth. California law requires each jurisdiction to address seven mandated topics in the General Plan: Land Use, Circulation, Housing, Conservation, Open Space, Noise, and Safety. In Contra Costa County, all jurisdictions are also required to address Growth Management. Cities and counties that have identified disadvantaged communities must also address environmental justice in their General Plans, including air quality. General Plans are organized by topic in what are called “elements.” There is no requirement that a general plan be organized into separate elements; a jurisdiction may organize its General Plan in any format, including consolidated elements, so long as all the relevant statutory issues are addressed and the document is internally consistent.
The Housing Element, Health and Safety Element, and Environmental Justice Element are three mandatory elements of the General Plan that must be addressed in Pinole, as required by California State (State) Law. The Housing Element is required to be updated every eight years per State Law and the Health and Safety Element is often updated with the Housing Element as land use information is updated. State Law also requires that cities create an Environmental Justice Element when two or more other General Plan elements are updated.
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Progress Update on Land Use Planning for Pinole Project July 13, 2022 2
DISCUSSION AND ANALYSIS
The Land Use Planning for Pinole project, which commenced in March 2022, consists of updates to two existing elements of the City’s General Plan: The Housing Element and the Health & Safety Element. As a part of the project the City will also consider either adoption of a standalone Environmental Justice Element or addressing issues of environmental justice within other elements. At the Special joint Council and Commission meeting on July 13, 2022, the consultant team, Michael Baker International, will provide the Council and Planning Commission with a comprehensive status update of the project overview of the project and the regulatory framework behind it. See Attachment A for the PowerPoint slides for the meeting and Attachment B for background information about the scope of each update.
HEALTH AND SAFETY ELEMENT
Pinole’s Health and Safety Element includes goals and policies related to the Safety Element, Noise Element, and Health Element. Of these, the Safety and Noise elements are required elements per California Government Code Section 65302.
The Safety Element identifies and establishes a policy framework and action program for the City and community members to prepare for, respond to, and/or recover from either a natural or human-made disaster.
• Natural Hazards refer to seismic events (surface rupture, ground shaking, ground failure, tsunami, seiche, dam failure, and subsidence); flooding (heavy rain events, dam failure); slope instability (landslide, liquefaction); fire (wildland fires and urban fires); and climate change (adaptation and resilience from severe weather incidents such as drought, severe winds, or heavy rains).
• Human-Made Hazards refer to hazardous materials (use, storage, transport), utilityrelated incidents (power failure, natural gas leaks, drought/water shortages), and crime, terrorism, active shooters, and health crises.
The purpose of the Noise Element is to ensure that a local planning area limits the exposure of the community to excessive noise levels in noise-sensitive areas and at noisesensitive times of the day.
Since there are no changes in the Land-use Element or the Circulation Element, there will not be any changes made to Pinole’s Noise Element.
The Health Element is an optional element and addresses the health and well-being of the residents that are fundamental to their quality of life and economic vitality. Homes, streets, workplaces, retail and services, schools, and neighborhoods influence community health in fundamental ways. Educational and employment opportunities may influence and improve health by ensuring access to the ingredients for a healthy life, including nourishing 5 of 65
Progress Update on Land Use Planning for Pinole Project July 13, 2022 3
food, clean water, affordable places to live, safe places to walk, bike, and be active, and clean air indoors and out.
Since the Health Element closely overlaps with the Environmental Justice Element, it is recommended that the Heath Element be moved to the Environmental Justice Element in order to avoid duplication of goals and policies. However, the Noise Element can continue to be a part of the Safety Element or can be a standalone element.
The existing conditions, goals, and policies of the Safety Element have been updated in accordance with the Office of Planning and Research (OPR) guidelines and in accordance with the Government Code Section 65302.
Several new sections have been added to existing conditions, and several others have been brought up to date with new or updated information and mapping. These include climate resiliency, evacuation, drought, dam inundation, tsunami impacts, emergency preparedness, and so on. Changes to existing conditions also include integrating the relevant studies (local and regional) that have taken place since the adoption of the current Safety Element. These include the Pinole Creek Watershed Vision Plan, the Emergency Operations Plan, Adapting to Rising Tides (ART) Bay Area report, Urban Water Management Plan, and so on.
The Safety Element addresses climate change adaptation and resiliency strategies by using the process in the Adaptation Planning Guide and reflected in referenced tools such as Cal-Adapt. A Vulnerability Assessment is to be conducted (Gov. Code § 65302(g)(4)(A)) or referenced in order to inform the climate change adaptation and resiliency strategies. The Vulnerability Assessment is underway, and as a first step in the process, critical facilities have been identified with the help of City Staff, including members of the Fire, Police, and Public Works Departments.
Per AB 747 (2019), an Evacuation Routes Capacity study is being conducted. This study will identify evacuation routes and their capacity, safety, and viability under a range of emergency scenarios. A meeting was conducted with City Staff, including the Fire Department, to identify the evacuation routes in order to begin this study.
Since the City of Pinole has areas classified under the very high fire hazard severity zone designation, the City is required to provide a draft of its Safety Element or amendment of its Safety Element to the State Board of Forestry and Fire Protection for review before adoption. The Board may recommend changes regarding uses of land, policies, or strategies for reducing fire risk (Id. at § 65302.5)(b)). Initial contact has been established with the Fire Marshall.
Changes to goals and policies include streamlining the document by dividing goals into natural and human-made hazards and further dividing policies under these goals based on topic areas such as flooding, wildfires, seismic hazards, crime, health crises, and so on. The wildfire policies have been bolstered to comply with the requirement of the State Board of Forestry and Fire Protection. New policies and action items have been added 6 of 65
Progress Update on Land Use Planning for Pinole Project July 13, 2022 4
related to climate change and resiliency, as well as education and emergency preparedness.
ENVIRONMENTAL JUSTICE ELEMENT
The Environmental Justice Element is a new regulatory component to California General Plans, with the purpose of identifying neighborhoods with disproportionate environmental/pollution burden and establishing policies that advance environmental justice. Environmental Justice is defined by California Government Code Section 65040.12[e] as “the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies.”
Communities with disproportionate environmental burden or other socioeconomic challenges are referred to as “Impacted Communities.” The California Governor’s Office of Planning and Research (OPR) recommends using CalEnviroScreen, a data tool created by the California Office of Environmental Health Hazard Assessment, to identify Impacted Communities. CalEnviroScreen aggregates information regarding pollution burden, environmental effects, sensitive populations, and socioeconomic scores into a CalEnviroScreen Composite Score. The Composite Score is a percentile provided for comparison purposes, and Impacted Communities are defined as census tracts with scores of 75 or higher. The majority of Pinole is characterized by average or below average CalEnviroScreen scores, indicating low pollution burden and environmental impacts. One Impacted Community (Census Tract 3922.02) is located in the City of Pinole with a Composite Score of 85, thus meeting the definition of an Impacted Community.
The Environmental Justice Element will include an existing conditions section, evaluating the CalEnviroScreen data, other relevant data sources [Healthy Places Index, USDA Food Access Research Atlas, WalkScore, etc.], and historical discriminatory land use decisions.
Based on the findings, goals, policies, and actions will address equity on the following topical areas:
• Equity in Access (access to healthy food, public facilities, public transit, key employment centers, government services and quality schools/childcare) • Equity in Medical Care (access and availability of medical care) • Equity in Environment (access to healthy air and water quality, pollution reduction, health risks associated with climate vulnerability, health risks to sensitive receptors) • Equity in Civic Engagement (access and availability to information and resources, opportunities to participate, access to ballot box/polling place) • Equity in Generations (preserving the right for future generations to live, work and enjoy Pinole)
This structure meets the OPR Requirements and expands into topical areas that are unique to Pinole. Policies address disproportionate burdens in Impacted Communities, and also address equity across the City. Additionally, Health policies previously located within the Safety Element were evaluated and adapted into the Environmental Justice 7 of 65
Progress Update on Land Use Planning for Pinole Project July 13, 2022 5
Element, where appropriate. This will reduce redundancy within the City General Plan and ensure a comprehensive Environmental Justice Element.
HOUSING ELEMENT
As a component of the City of Pinole’ General Plan, the Housing Element Update presents a comprehensive set of housing policies and actions for the current planning period of 2023–2031. It builds on an assessment of the housing needs and evaluates housing programs, available land, and constraints on housing production (5th Cycle Housing Element). Significant revisions have been limited to the Housing Needs Assessment, which contains updated statistics and analyses based on data from the 2020 US Census and the American Community Survey and a revised sites inventory to meet the Regional Housing Needs Assessment (RHNA). New additions for the 6th Cycle include analysis pertaining to compliance with AB 686, Affirmatively Furthering Fair Housing.
The consultant team is preparing the draft Housing Element Update and is working closely with City staff and community participants to identify areas of concern and create responsive programs for meaningful action. The discussion this evening also facilitates the conversation around programs.
PUBLIC ENGAGEMENT
Outreach for the Housing Element update began in March 2022. This involved engaging community members, stakeholders, and the City Council in identification of housing/health/safety/environmental justice issues. Translation of the survey and community workshops was provided in Spanish, Tagalog, and Cantonese, as well as outreach materials. To spread the word about the project, the City posted banners around the community, mailed postcards to residents, and placed notices and announcements on Pinole TV and social media accounts. These outreach materials contained QR codes to the project website and community surveys. The aforementioned project website, www.LandUsePlanningForPinole.com, hosts information about the project, the schedule, survey, and recordings of past engagement activities. Interested parties may contact the consultant team for additional information or to request placement on the project notification list by emailing [email protected] The public participation program included:
• An online community survey
• Notifications and announcements on Pinole TV and social media accounts • Stakeholder focus groups and interviews
• Two virtual community workshops
• One study session with the City Council
• One joint study session with the City Council and Planning Commission 8 of 65
Progress Update on Land Use Planning for Pinole Project July 13, 2022 6
As of July 5, 2022, the City has received 125 responses in the online community survey.
Members of the community have shared comments ranging from concerns over affordability, burdens on developers, homelessness, access to parks, preservation of open space, and hazards from drought, fire, and earthquakes. Many of the programs/policies being considered for the Housing Element, Health and Safety Element, and Environmental Justice Element reflect these topics. The full summary of community engagement activities and outcomes of outreach and survey results will be published as an appendix of the 2023- 2031 Housing Element Update.
REGIONAL HOUSING NEEDS ASSESSMENT
The Regional Housing Needs Assessment (RHNA) is a critical component to updating local housing elements and is also mandated by State Law. RHNA quantifies the need for housing within each jurisdiction during the respective planning period. The intent of the RHNA is to ensure that local jurisdictions not only address the needs of their immediate areas but also address their share of housing needs for the entire region. Future housing need is based on population and employment growth projections over the 2023-2031 period. Based on these projections, the State of California’s Department of Housing and Community Development (HCD) assigns each region in the State with a Regional Housing Needs Allocation in an effort to address projected and existing housing needs (California Government Code Section 65584). The local Council of Governments then determines the share of the regional housing need for each local jurisdiction.
The RHNA allocation for the City of Pinole was developed by the Association of Bay Area Governments (ABAG). ABAG serves as the local Council of Government for the City of Pinole as well as many other jurisdictions within the Bay Area. ABAG allocates each jurisdiction’s “fair share” of the projected housing need based on household income groupings over the eight-year planning period. Table 1 presents the City’s allocation of the region’s housing needs by income group as determined by ABAG.
Table 1: City of Pinole 2023-2031 RHNA Allocation
Income Group
Pinole
Number Percent
Very Low (<50% AMI) 121 24%
Low (50-80% AMI) 69 14%
Moderate (>80-120% AMI) 87 17%
Above Moderate (>120% AMI) 223 45%
Total 500 100%
BUFFER
Recent changes to State law (Senate Bill 166 – 2017) have required cities to continually maintain adequate capacity in their sites inventories to meet their RHNA for all income levels. In the event that a site is developed below the density projected in the Housing 9 of 65
Progress Update on Land Use Planning for Pinole Project July 13, 2022 7
Element, or at a different income than projected, the City must have adequate sites available to accommodate the remaining balance of the RHNA. If the City does not have any additional capacity within the existing zoning, it must identify and rezone for new sites that can accommodate the remaining need. For these reasons, the City is including an additional buffer of at least 20 percent above the RHNA in each category.
SITES INVENTORY
State Law requires local governments to prepare a site inventory of land suitable for residential development, including vacant sites and sites having the potential for redevelopment. This inventory is then used to identify sites that can be developed for housing within the respective planning period. The City prioritized identifying sites that meet the RHNA requirements without rezoning. These include sites that are recently approved, pending approval, vacant and zoned to allow residential at the densities that satisfy the RHNA requirements for lower- and moderate-income households, and then other vacant and underdeveloped lands with suitable existing zoning.
The RHNA sites are dispersed throughout the City to avoid the overconcentration of housing in a particular area and to ensure housing is distributed in an equitable fashion when considering the availability and proximity of resources and services.
Pinole has had excellent housing production in all income levels over the last few years.
The recently approved and current pending projects are projected to meet approximately 84% of the RHNA for the next 8-year period. The current draft sites inventory is able to meet and exceed the RHNA and the 20% buffer based on the existing zoning and General Plan land use designations. Rezoning to meet the RHNA for the next 8 year period is not necessary.
HOUSING PLAN
The Housing Plan consists of three main components:
• Goals – broad objectives and desires/outcomes
• Policies – general commitments, strategies, approaches • Actions – measurable outcomes, metric, timelines, responsible parties, and funding This 6th Cycle Housing Element updates the Goals, Policies, and Actions based on the findings of Housing Element’s analysis of Needs, Constraints, Resources, Fair Housing, and a review of the performance of the prior 5th cycle Housing Element.
The City’s housing programs are organized into six categories:
• Housing Production
• Constraint Removal
• Housing Preservation
• Housing Assistance
• Special Housing Needs
• Fair Housing Programs
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The consultant team will lead the City Council and Planning Commission through a discussion on program specifics for each category. The intent of the discussion is to provide an understanding of the range of existing, required, and proposed programs, to gain feedback and insight on housing programs, and to provide direction to City staff and the consultant team.
ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act, the City of Pinole will be conducting an environmental review of the proposed Housing Element Update and intends to adopt an addendum to the Initial Study/Mitigated Negative Declaration (IS/MND) prepared for the City’s 5th Cycle Housing Element Update. The 6th Cycle Housing Element Update does not change the environmental conclusions of the previously adopted IS/MND, nor does the Housing Element Update result in new impacts/mitigation measures.
FISCAL IMPACT
There is no fiscal impact associated with receiving this report.
ATTACHMENTS
A. PowerPoint Slides, 7/13/22
B. Background Information
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1 Planning Commission / City Council
Joint Workshop
July 13, 2022
Land Use Planning for Pinole
ATTACHMENT A
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2 Team
Michael Baker International & Veronica Tam & Associates City of Pinole
Surabhi Barbhaya
Project Manager, Health & Safety Element Specialist
Dan Wery
Housing Element Specialist
Emily Elliott
Community Outreach Specialist
Noelle Steele
Environmental Justice Element Specialist
Veronica Tam
Housing Element Strategic Advisor
Lilly Whalen David Hanham Justin Shiu
Community Development Director Planning Manager Senior Planner 13 of 65
3 Community Engagement
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4 • City Website: LandUsePlanningForPinole.com
• Community Survey (Live)
• Stakeholder Focus Groups
• Affordable housing developers
• Community environmental groups
• Religious organizations
• Local employers
• Community Workshops:
• May 11, 2022 – recorded, see website
• June 9, 2022 – recorded, see website
Engagement Activities
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5 • 12 Banners hung around town
• Postcards mailed to all postal
customers
• Posts on Facebook and
Instagram
• Notifications in the City’s
biweekly administrative report
• Interested parties list
communications
Engagement Activities
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6 Engagement Activities
• City Council Study Sessions:
• March 22, 2022
• July 13, 2022 - tonight
• Public Review of Draft Elements
• Public Hearings:
• Planning Commission
• City Council
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7 Engagement Results
The City currently has an
on-line survey available.
To date 120 people have
responded.
Results are anonymous.
Tagalog Cantonese
English Spanish
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8 Engagement Results
The City held two community workshops on May 11 and June 9.
The May 11th meeting provided an overview of the three major components of the project.
• 7 members of the public attended the May 11th meeting The June 9th meeting provided an overview of key housing policies that could be incorporated into the updated Housing Element.
• 18 members of the public attended the June 9th meeting 19 of 65
9 Engagement Results
Stakeholder Focus Groups
[Insert outcomes of focus group]
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10 Survey Results to Date
[Insert graphics for Q1 – level of concern about issues facing Pinole] 21 of 65
11 Survey Results to Date
[Insert graphics for Q2 – level of concern for group of people] 22 of 65
12 Survey Results to Date
[Insert graphics for Q3 – Level of concern about housing issues] 23 of 65
13 Survey Results to Date
[Insert graphics for Q4 – Level of support for housing types] 24 of 65
14 Survey Results to Date
[Insert graphics for Q5 – Level of support for housing programs] 25 of 65
15 Survey Results to Date
Hazard % Concerned
Drought 83%
Wildfire 78%
Earthquake 73%
Severe Weather 53%
Landslides 38%
Flood 27%
Dam/Levee Failure 14%
Tsunami 5%
Which natural hazards are
you most concerned?
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16 Health and Safety Element Update
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17 Safety Element addresses major natural and man-made hazards including seismic, flooding, fires, slope instability, climate change, hazardous materials (use and transport), and crime.
Health Element addresses air and water quality, GHG emissions, and access to food, parks, transit, and community Facilities Noise Element examines the characteristics and effects of noise, describes guidelines relating to noise control, evaluates the existing noise environment, and discusses the anticipated future noise environment.
Health and Safety Element
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18 Health and Safety Element
Document Reorganization
• Health Element- Propose to move to Environmental Justice element
• Common topics of discussion
• Avoid duplication of policies
• Propose to change name of the chapter to “Environmental Justice and Health Element”
• Noise Element- Propose to remain with Safety Element. • No changes needed- no major changes to Land uses
• Propose to change name of the chapter to “Safety and Noise Element”
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19 Health and Safety Policies
Existing Conditions Sections
• Updated information on existing conditions based on OPR Guidelines
• Added new sections- Climate resiliency, evacuation,
drought, dam inundation, impact of tsunami, emergency
preparedness and so on.
• Updated maps and added maps for new sections
• Identified evacuation routes and access to evacuation routes- SB 99
• Conducting Vulnerability Assessment- SB 379
• Conducting Evacuation Routes Study- AB747
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20 FEMA Flood Plains Shake Potential
Health and Safety Element
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21 Wildfire Hazard Zones Proposed Evacuation Routes
Health and Safety Element
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22 Goals, Policies, and Action Section
• Separated Goal-1 into two Goals for better organization • Natural Hazards (Flooding and Erosion, Seismic Activity and Geologic Instability, Wildfire, Climate Resiliency)
• Man-Made- Crime, Health Emergencies and Hazardous
materials
• Added new policies and action items and deleted ones that are already achieved or no longer relevant
• Added new goal for Education and Awareness.
• Established nexus to Sustainability Element (Climate Resiliency), Community and Public Services Element (Police and Fire), EOP, Pinole Creek Watershed Vision Plan and other documents.
Health and Safety Element
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23 Engagement Activities
• City Council Study Session - March 2022
• Engagement at two community outreach workshops
• Initial contact with the California Department of Forestry and Fire Protection- SB 1241
• Workshop call with public works, fire, and police to confirm evacuation routes and discuss evacuation scenarios
• Focused Interviews- public works, Fire, and Police - Existing conditions, and policy discussion (Yet to be conducted) Health and Safety Element
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24 Environmental Justice Element
Update
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25 Required Environmental Justice Element Components
Identify
Impacted
Communities
Promote civic
engagement
Reduce unique or
compounded health
risks
Prioritize
improvements
and programs
Reduce
Pollution
Public
Facilities
Food Access Safe and
Sanitary
Homes
Physical
Activity
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26 CalEnviroScreen Exhibits Socioeconomic Score
Socioeconomic Score Pollution Burden Score
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27 CalEnviroScreen Exhibits
Composite Score
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28 Existing Conditions Report
Topical Areas Covered
• Evaluation of Impacted
Communities
• Pollution Burden
• Socioeconomic Factors
• Median Income
• Healthy Food Access
• Transit, Bike, Walkability Access
• Quality Schools Access
• Medical Care Access
• Civic Engagement Access
• Polling Places Access
Data Resources
• CalEnviroScreen 4.0
• US Census
• American Community Survey
• Healthy Places Index
• USDA Food Access Atlas
• Great Schools Scores
• WalkScore
• Contra Costa Elections Divsion
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29 EJ Element - Policy Organization
Equity in…
Access to healthy
food, public
facilities, nature,
public transit,
employment
centers, services,
quality schools and
childhood care
Access
Availability and
access to quality
medical care;
doctors, dentists,
hospitals and
mental health
Medical Care
Air quality, water
quality, pollution,
safe and sanitary
homes, health risks
associated with
climate vulnerability
Environment
Availability and
accessibility of
information,
opportunities to
participate,
access to ballot
boxes and polling
places
Civic Engagement
Preserving the
right of future
generations to
live, work, and
enjoy Pinole
Generations
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30 Goals, Policies, Actions Section
• Incorporation of Health policies from the Safety Element into the EJ Element
• Evaluated Environmental Justice policy best practices, including recommendations from OPR
• Tailor policies specifically to the needs of Pinole
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31 Example Policies
Equity in Access
Evaluate healthy eating equity as
part of the land use decisionmaking process, to avoid
concentrations of fast food
establishments/convenience
stores creating healthy food
deserts.
Equity in Civic Engagement
Coordinate outreach efforts with
internal City departments to avoid
duplication and ensure Pinole
stakeholders receive streamlined
notification and information.
Equity in Medical Care
Consider partnerships with
neighboring jurisdictions to
encourage the establishment of
urgent care facilities and other
emergency medical service
facilities in mutually beneficial
locations
Equity in Environment
Improve land use planning to minimize
air quality pollution by promoting
strategic land use patterns for
businesses, reducing the number and
length of motor vehicles, encouraging
alternative uses of transportation, and
reducing pollution associated with
vehicular traffic. [adapted from Policy
HS.5.1]
Equity in Generations
Continue to acknowledge the
Ohlone people as the traditional
custodians of the land. Continue to
maintain positive and meaningful
relationships, including
consultation where appropriate on
land use decisions. 42 of 65
32 Housing Element Update
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33 Housing Element Purpose
• Ensures the availability and fair distribution of housing throughout the City
o All income levels and life stages, e.g.:
o Small and large multifamily homes, and
o Single-family homes
o Special needs (seniors, veterans, disabilities, homelessness) • Plan to accommodate Regional Housing Needs
Assessment (RHNA)
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34 Housing Element Contents
Review of
Accomplishments:
Evaluation of previous
housing element
Needs Assessment:
Analysis of existing and
projected housing needs
Housing Resources:
Inventory of available
land for housing
Constraints:
Analysis of potential
constraints on housing
(e.g., permit processing
procedures, fees)
Affirmatively Furthering
Fair Housing:
Assessment of fair housing
conditions, commitment
to “meaningful actions”
that improve fair housing
Implementation Plan:
Goals, policies, and
implementation
programs to meet unmet
housing needs
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35 • The City’s obligation is to provide sufficient land, zoned appropriately, to accommodate the RHNA.
• The City is not obligated to construct housing.
•New requirement – City must demonstrate how will
meet the 500-unit RHNA within the next 8-year
period.
City RHNA Obligations
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36 RHNA Allocations
Income Category 2021 Annual Income
4-person household
Maximum
Rent
Maximum
Purchase Price
RHNA
City of Pinole
Very Low Income
< 50% of Median Income Less than $41,100 $1,028 $127,936 121 units Low Income
50 - 80% of Median Income $41,100 - $68,500 $1,713 $213,227 69 units Median Income
Moderate Income: 80-
120% of Median Income
$68,500 - $109,600 $2,740 $341,163 87 units
Above Moderate Income
>120% of Median Income $109,600 - $150,700 $3,768 $469,099 223 units TOTAL 500 units
Source:
1. HCD 2021 Income Limits
2. Final ABAG RHNA Allocation Report
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37 Housing Sites Inventory
Excellent Production -
Ahead of Schedule:
•84% of RHNA units pending
approval
•Need only 81 lower-income units
•Plenty of good sites
•Don’t need to rezone
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38 Housing Plan & Programs
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39 Housing Element Plan
The Housing Plan is comprised of 3 main components:
1. Goals – broad objectives and desires and outcomes
2. Policies – general commitments, strategies,
approaches
3. Actions – measurable outcomes, metrics, timelines,
responsible parties, and funding
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40 Housing Element Goals - EXISTING
Five Existing (5th Cycle) Housing Goals:
1. Monitor Housing Needs
2. Protect Existing Character and Heritage
3. Provide Adequate Services and Facilities
4. Housing Need
5. Energy-Efficiency, Conservation, and Sustainable
Residential Development
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41 Housing Element Goals - DRAFT
Likely Draft (6th Cycle) Housing Goals:
1. Housing Production
2. Constraint Removal
3. Preservation & Improvement
4. Housing Assistance
5. Special Housing Needs
6. Affirmatively Furthering Fair Housing
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42 Housing Element Programs (Actions)
Update & Refine 23 past HEU Programs/Actions:
• Remove completed actions
• Modify/update for current needs/requirements
• Add new programs:
– State required actions and programs
– New programs to meet new needs and challenges
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43 Housing Production Programs
• Zone for adequate sites
• Minimum Densities
• Inclusionary Housing Ordinance
• Accessory Dwelling Units
• Partner, collaborate with and assist Housing
Developers
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44 Constraint Removal Programs
• Permit Streamlining
• Objective Development Standards
• Preapproved ADU Plans
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45 Housing Preservation Programs
• Preservation of At-Risk Below Market Rate Housing
• Residential Rehabilitation Loan Program
• Maintenance Assistance
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46 Housing Assistance Programs
Increase Housing Assistance for Vulnerable
Populations:
• Housing Choice Vouchers
• Landlord Tenant Mediation
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47 Special Housing Needs Programs
• Senior Center Funding
• Low Barrier Navigation Centers (required)
• Transitional and Supportive Housing (required)
• Residential Care Facilities (required)
• Emergency Shelters (required)
• Reasonable Accommodation Process (required)
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48 Fair Housing Programs
• Education of New Fair Housing Laws
• Requirement to Accept Housing Choice
Vouchers
• Place-Based Improvements
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49 Next Steps
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50 • City Website
LandUsePlanningForPinole.com
• Community Survey
• Stakeholder Outreach
Engagement Activities
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51 Project Schedule – Additional Participation
Date(s) Activity
July 13, 2022 City Council/Planning Commission Joint Workshop August/September 2022 Online Public Review of Draft Elements August 2022 Online Survey will be open through August 15, 2022 September 2022 City Council Workshop on Draft Housing Element October – December 2022 HCD Review of Draft Housing Element 62 of 65
ATTACHMENT B:
Background Information (Housing, Health & Safety, Environmental Justice
1. Housing Element
Under State law, all local governments in California are required to adequately plan to meet the housing needs of the region by adopting a Housing Element as part of the General Plan every eight years. The City of Pinole adopted the current Housing Element on May 19, 2015 in compliance with State law as a part of the 5th Cycle (generation) of updates, covering the period 2015-2023. The 6th Cycle will cover the period 2023-2031.
The Housing Element identifies housing conditions, needs, and constraints and establishes goals, policies, and programs to meet the City’s housing needs. State Housing Element law focuses on both the production and geographic distribution of new housing units and requires that each municipality strive to meet their “fair share” of the regional need for low- and moderate-income housing, otherwise known as the Regional Housing Needs Allocation, or RHNA. Each local government must then update the Housing Element of its General Plan to show the locations where housing can be built and the policies and strategies necessary to meet the community’s housing needs, including identifying sites that are zoned with enough capacity to meet the RHNA allocation. The process is complete once the California Department of Housing and Community Development (HCD) reviews and certifies local Housing Elements.
Communities are also required to report their progress to HCD annually, through the Annual Progress Report (APR).
Preparation of a Housing Element is a time-intensive process and requires significant community participation and data analysis. The process also has a firm deadline as the City is statutorily required to adopt and submit the new Housing Element by January 31, 2023, or within a 120-day grace period, to HCD.
Furthermore, the passage of Assembly Bill (AB) 686 in 2018 created new requirements for jurisdictions to affirmatively further fair housing. Pursuant to AB 686, affirmatively furthering fair housing means to take “meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics.” Local jurisdictions must now incorporate fair housing principals into the Housing Element, create land-use and funding opportunities to increase affordable housing in high resource neighborhoods, and bring additional resources to traditionally under-resourced neighborhoods.
2. Health and Safety Element
A Safety Element is a legally mandated chapter of a community’s General Plan. The goal of the Safety Element is to enact land use practices that reduce the potential short and long-term risk of death, injuries, property damage, and economic and social dislocation resulting from fires, floods, droughts, earthquakes, landslides, climate change, and other 63 of 65
Attachment 2:
Background Information (Housing, Health & Safety, Environmental Justice) hazards. State law allows jurisdictions to organize their General Plans in a consolidated fashion, and Pinole adopted a Health and Safety Element in 2010, alongside a comprehensive update to the General Plan. Pinole’s Health and Safety Element addresses items statutorily required by the State in a Safety Element, such as risk from hazards (e.g., earthquakes, landslides), in addition to safety issues (e.g., surface and groundwater contamination, the potential release of hazardous materials into the community). In addition, the Health and Safety Element addresses general issues related to police and fire protection services and the significance of health care accessibility and affordability in Pinole.
California has passed many bills in the last few years to ensure that climate adaptation is incorporated into local planning efforts and effects the content and timing of Safety Element updates including:
• SB 379 (2015) requires the Safety Element of a community’s General Plan to address the hazards created or exacerbated by climate change. The Safety Element must include a vulnerability assessment that identifies how climate change is expected to affect hazard conditions in the community. It must also include a set of goals, policies, and measures to adapt and improve resilience to these anticipated changes
• SB 1035 (2018) requires jurisdictions to review and, if necessary, update the Safety Element upon each revision of the Housing Element or Local Hazard Mitigation Plan. This should be done at least once every eight years to identify new information not available during the previous revision relating to flood and fire hazards and climate adaptation and resilience strategies. • SB 1241 (2012) addresses wildfire hazards in the wildland-urban interface and adds mandatory wildfire requirements for jurisdictions in state responsibility areas and very high -Fire Hazard Severity Zone ones in local responsibility areas upon the next Housing Element update.
• AB 747 (2019) requires jurisdictions to, after January 1, 2022, review and update the Safety Element of their General Plan as necessary to identify evacuation routes and evaluate their capacity, safety, and viability under a range of emergency scenarios.
• SB 99 (2019) requires cities, upon the next revision of the Housing Element on or after January 1, 2020, to review and update the Safety Element to include information identifying residential developments in hazard areas that do not have at least two emergency evacuation routes.
• SB1000 (2016) mandates that cities and counties adopt an Environmental Justice Element or integrate environmental justice goals, objectives, and policies into other elements of their General Plans.
The update of the City of Pinole’s Health & Safety Element will include safety considerations in the planning and decision-making process by establishing policies related to future development that will minimize the risk of personal injury, loss of life, property damage, and environmental damage associated with natural and man-made hazards. In addition, the update will address emergency evacuation routes and climate vulnerability and adaptation. If desired by the Council, the scope of the update could be 64 of 65
Attachment 2:
Background Information (Housing, Health & Safety, Environmental Justice) expanded in concert with MBI to include enhanced Health Element-related policies and programs associated with promotion of community health and wellness, such as walkable neighborhoods, access to healthy foods, robust transportation systems, and equitable access to quality health care. This topic can be explored during the study session with the Council.
3. Environmental Justice
State law now requires that when a jurisdiction updates two or more General Plan Elements concurrently the topic of Environmental Justice must be addressed in the General Plan (as a separate Element or through related goals, policies, and objectives within other Elements). Low-income communities and communities of color have experienced disproportionate environmental effects, pollution burdens, and related health impacts and, as a result, these communities face barriers to overall health, livelihood, and sustainability. Environmental Justice-related work must disclose and work to reduce the disproportionate health risks, promote civic engagements in the decision-making process, and prioritize improvements that address the needs of identified disadvantaged communities.
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