FOURTH AMENDMENT TO THE AGREEMENT FOR EMPLOYMENT OF
ANDREW MURRAY
This Fourth Amendment to the Agreement for the Employment of Andrew Murray (the “Fourth Amendment”) is made and entered into as of November 15, 2022 (the “Effective Date”) by and between the City of Pinole (the “City"), a California general law city, and Andrew Murray, an individual ("MURRAY" or "Employee").
RECITALS
WHEREAS, the City and MURRAY previously entered into that certain Agreement for the Employment of Andrew Murray effective as of December 9, 2019 (the “Agreement”); and WHEREAS, the City and MURRAY previously entered into that First Amendment to the Agreement, Second Amendment to the Agreement, and Third Amendment to the Agreement; and WHEREAS, the City and MURRAY now wish to amend the Agreement to extend the term of the Agreement for an additional six (6) months.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the City and MURRAY agree as follows:
1. Term of Agreement. Section 2, Term of Agreement, is hereby amended in its entirety to read as follows:
“2. Term of Agreement
This Agreement will become effective on December 9, 2019 and shall terminate on June 30, 2025 (the “Term”), unless sooner terminated in accordance with paragraph 5 herein. If no successor Agreement is entered into to extend the Term, MURRAY’s employment with the City shall end with no payment of severance. The City shall notify MURRAY at least ninety (90) days in advance of the end of the Term of its intent to extend or not extend the Agreement.”
2. Effective Date. This Amendment shall be effective the pay period commencing November 15, 2022.
3. Effect. Except as expressly provided for herein, all other terms and conditions of the Agreement, as previously amended, shall remain in full force and effect.
IN WITNESS WHEREOF, The Parties have executed this Fourth Amendment on the date written above.
EMPLOYEE
Andrew Murray
DATED:
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EXHIBIT A
CITY
Vincent Salimi, Mayor
DATED:
ATTEST: APPROVED AS TO FORM:
Stacy R. Shell Eric S. Casher
Human Resources Director City Attorney
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CITY COUNCIL
REPORT
9M
DATE: NOVEMBER 15, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: ROXANE STONE, DEPUTY CITY CLERK
SUBJECT: PLACEMENT OF LIENS FOR DELINQUENT UNPAID WASTE
COLLECTION CHARGES FALLING DELINQUENT BETWEEN
MAY AND AUGUST 2022, CONSIDERED AT AN
ADMINISTRATIVE HEARING ON OCTOBER 6, 2022
RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the placement of liens for the purpose of collecting outstanding payments for garbage collection services pursuant to PMC Section 8.08.110 (b) and (c).
BACKGROUND
Pursuant to Section 8.08 of the Pinole Municipal Code, an administrative hearing was held on October 6, 2022, regarding unpaid garbage collection services that fell delinquent between May and August 2022. No parties attended the hearing to protest the charges. The administrative hearing was the final step in the process to collect the delinquencies, prior to Council approval to place the liens on the subject properties to recover the full amount owed, including delinquent charges and administrative fees.
FISCAL IMPACT
The City of Pinole receives an administrative recovery charge for each lien at the time of tax settlement or payment of the lien. There are 55 properties on which liens are being imposed, representing a total of $17,970.16 in delinquent service charges. The total administrative recovery fee is $60 per lien; a portion of which is remitted to Contra Costa County. The administrative recovery fees are $3,300; the total lien amount including recovery fees are $21,270.16.
Following approval by Council, a revised list will be provided to the City Clerk for recording, removing properties where accounts have been brought current since the publication of this report.
ATTACHMENT
A: Resolution
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ATTACHMENT A
RESOLUTION NO. 2022-XX
RESOLUTION OF THE CITY COUNCIL OF PINOLE, CALIFORNIA, PLACING LIENS
ON PROPERTIES SITUATED IN THE CITY OF PINOLE, COUNTY OF CONTRA
COSTA, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
UNPAID WASTE COLLECTION CHARGES FROM AN ADMINISTRATIVE HEARING CONDUCTED OCTOBER 6, 2022
WHEREAS, pursuant to the Municipal Code of the City of Pinole, Chapter 8.08, Section 8.08.090, subscription to garbage collection service is required for all premises in the City of Pinole, and the premises described in Exhibit "A" located in the City of Pinole, County of Contra Costa, State of California, were provided with garbage collection services as required by PMC, Chapter 8.08; and
WHEREAS, pursuant to the provisions of Section 8.08.110, the owners of said premises were notified in writing of their requirement to subscribe to and make payment for garbage collection services as provided in said Code Section; and WHEREAS, the owners of the premises failed to make payment for garbage collection services as required (collection charges fell delinquent between May and August 2022); and
WHEREAS, pursuant to the provisions of Section 8.08.110, a hearing was held on October 6, 2022; and
WHEREAS, as a result thereof, the City of Pinole has incurred expenses for delinquent collection charges and administrative costs as enumerated in Exhibit "A"*, which amounts remain unpaid.
NOW THEREFORE BE IT RESOLVED that pursuant to Section 8.08.110 of the Municipal Code of the City of Pinole, the City Council of the City of Pinole does hereby place a lien against said premises for the amounts as described above and as applicable to each specific premise identified as Exhibit "A" attached hereto and, by this reference, incorporated herein; and
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record this resolution with the Office of the Recorder of Contra Costa County, California.
PASSED AND ADOPTED this 15th day of November 2022, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
I, hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on this 15th day of November 2022.
_________________________________
Heather Bell, CMC
City Clerk
* Exhibit A is not included as an attachment to this resolution that is posted on the City website or disseminated as part of the City Council Agenda Packet. The names of the individuals are confidential until the liens are recorded and become public record. 300 of 677
CITY COUNCIL
REPORT
10A
DATE: NOVEMBER 15, 2022
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: ERIC CASHER, CITY ATTORNEY
BY: SHANDYN H. PIERCE, ASSOCIATE
SUBJECT: INTRODUCTION AND FIRST READING OF AN ORDINANCE TO ADOPT THE 2022 CALIFORNIA BUILDING STANDARDS CODE AND
UPDATE THE CITY’S BUILDING AND FIRE CODE
RECOMMENDATION
Staff recommends that the City Council introduce and waive the first reading of an Ordinance adopting the 2022 Building Standards Code with updates to the City’s Building and Fire Code.
BACKGROUND
The California Building Standards Commission (the “Commission”) is a State agency responsible for producing sensible and usable state building standards, and the administrative regulations that implement and enforce those standards. Every three years the Commission reviews and updates the California Building, Fire, Plumbing, Mechanical, Electrical and Residential Codes that apply in California. The newly updated 2022 California Building Standards Codes (“CBSC”), which include updates to the State Fire Code, becomes effective in California cities on January 1, 2023.
The California Health and Safety Code requires local agencies to adopt the building standards contained in the uniform statewide codes but allows cities to modify the codes to reflect local conditions. Pinole previously adopted its current codes in 2019, incorporating and modifying the City’s Municipal Code to comply with the 2019 CBSC updates.
The 2022 CBSC, Title 24, Parts 1- 6 and 9 - 12 are as follows:
Part 1: California Administrative Code (CAC).
Part 2: California Building Code (CBC).
Part 2.5: California Residential Code (CRC).
Part 3: California Electrical Code (CEC).
Part 4: California Mechanical Code (CMC).
Part 5: California Plumbing Code (CPC).
Part 6: California Energy Code (CEnC).
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City Council Report
November 15, 2022 2
Part 9: California Fire Code (CFC).
Part 10: California Existing Building Code (CEBC).
Part 11: California Green Building Standards Code (CALGreen) Part 12: California Reference Standards Code
2021 International Property Maintenance Code
The Ordinance updating the City’s Municipal Code includes references to those sections of the CBSC that are most relevant to Pinole, as well as, proposed amendments recommended by City staff. The proposed amendments use a numbering system consistent with the updated CBSC. A link to the full text of the updated CBSC is available here: https://www.dgs.ca.gov/BSC/Resources/2022-Title24-California-Code-Changes.
The 2022 CBSC updates go into effect on January 1, 2023, regardless of whether or not the City takes any action. Adoption of the proposed Ordinance prior to January 1, 2023 is necessary in order for the local amendments proposed by staff to also go in to effect consistent with the CBSC update.
Staff discussed the Building and Fire Code updates with the Municipal Code Update Subcommittee, and received direction regarding areas of focus for the updates.
While the Municipal Code Update Subcommittee’s feedback was incorporated in to the draft Ordinance, due to the time sensitivity of the needed approval, the Subcommittee was not able to review and approve the proposed draft Ordinance prior to City Council review.
DISCUSSION
Under State law, a City may establish more restrictive building and construction standards in their local building codes than are required under the CBSC. The City is required to adopt findings justifying all local amendments to the CBSC. The necessary findings will be included in a separate resolution that will be presented to the City Council for adoption at the second reading of the proposed ordinance. The local modifications, or staff initiated modifications, are included in the draft Ordinance. In addition, Section 15.04.080 of the City’s Fire Code includes more stringent requirements requiring automatic sprinkler systems which conform to the requirements of the California Fire Code. This requirement is added to the City’s Fire Code in response to the high threat of fire confronting the City. The presence of an approved fire extinguishing system in high occupancy structures could save lives in the event of a fire.
Other conditions considered include Pinole’s proximity to the Hayward Fault Line, creating higher structural stresses and risk of building failure during an earthquake.
Pinole’s steep hillside topography is considered as well because it can make firefighting difficult and can allow Pinole Creek to be inundated during severe winter storms, causing flooding in certain portions of the City. 302 of 677
City Council Report
November 15, 2022 3
The draft Ordinance represents a continuation of existing City practices regarding local modifications. The proposed changes from the state-adopted 2022 California Building Standards Codes would replace the 2019 California Building Standards Codes previously codified in Title 15 of the City of Pinole Municipal Code. The Ordinance as written revalidates and readopts many of the City’s current local amendments.
There are considerable non-substantive changes in the Ordinance to address numbering issues in the new California Codes, and the Ordinance reflects these new reference numbers to ensure that the Municipal Code is consistent with the 2022 CBSC. A strike-out version of the ordinance is not provided because the proposed ordinance repeals and replaces the previous Title 15 Chapters that will be superseded by the 2022 CBSC on January 1, 2023.
Additionally, the 2022 CBSC includes the latest California Green Building Standards, or “CALGreen”, which applies to all new construction. CALGreen’s intent is to continue to improve public health, safety and general welfare by enhancing the design and construction of buildings through the use of building concepts having a positive environmental impact and encouraging sustainable construction practices.
Environmental Review
Adoption of the attached Ordinance is exempt from CEQA based on the general rule set forth in CEQA Guidelines Section 15061(b) (3) that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
It can be seen with certainty that there is no possibility that the adoption of the attached and Ordinance will have a significant effect on the environment.
FISCAL IMPACT
There is no direct fiscal impact of adopting the 2022 CBSC. City’s costs related to implementation of the 2022 CBSC are recovered through building permit fees.
ATTACHMENTS
A. Draft Ordinance adopting 2022 CBSC and related local amendments to the City’s Building and Fire Code
Exhibit A: Chapter 15.20 (Fire Code)
Exhibit B: Changes to chapters in Title 15
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ORDINANCE NO. 2022-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PINOLE REPEALING AND REPLACING CHAPTERS 15.02 THROUGH 15.24 OF TITLE 15 “BUILDINGS AND CONSTRUCTION” OF THE PINOLE MUNICIPAL CODE IN ORDER TO ADOPT BY
REFERENCE, WITH MODIFICATIONS TO ADDRESS UNIQUE LOCAL
CONDITIONS, THE 2022 EDITIONS OF THE CALIFORNIA ADMINISTRATIVE
CODE, THE CALIFORNIA BUILDING CODE, THE CALIFORNIA RESIDENTIAL
CODE, THE CALIFORNIA ELECTRICAL CODE, THE CALIFORNIA MECHANICAL
CODE, THE CALIFORNIA PLUMBING CODE, THE CALIFORNIA ENERGY CODE,
THE CALIFORNIA FIRE CODE, THE CALIFORNIA EXISTING BUILDING CODE,
THE CALIFORNIA GREEN BUILDING STANDARDS CODE, REFERENCED STANDARDS, AND INTERNATIONAL PROPERTY MAINTENANCE CODE.
WHEREAS, the California Building Standards Commission has adopted a new Title 24 of the California Code of Regulations, also referred to as the 2022 California Building Standards Code, that will become effective statewide on January 1, 2023; and WHEREAS, currently Title 15 “Buildings and Construction, I. Adoption of Uniform Code” of the City of Pinole Municipal Code adopted the building standards contained in the 2019 versions of the California Building Code, the California Residential Code, the California Fire Code, the California Green Building Standards Code, the California Plumbing Code, the California Mechanical Code, and the California Electrical Code, California Administrative Code, as such Codes are approved by the State Building Standards Commission (collectively, the “California Building Standards Code”); and
WHEREAS, the updated California Building Standards Code becomes effective within the City on January 1, 2023, and Title 15 is updated by default to incorporate the California Building Standards Code without local amendments; and
WHEREAS, Section 17922 of the California Health and Safety Code requires local agencies to adopt the building standards contained in the California Building Standards Code; and WHEREAS, Section 17958.7 of the California Health and Safety Code allows local agencies to enact modifications to those building standards provided that such modifications are reasonably necessary because of local climatic, geological or topographical conditions so long as a local agency adopts such findings; and
WHEREAS, a duly noticed public hearing was advertised as required by applicable law; and
WHEREAS, the City Council finds that no additional environmental review is necessary because this Ordinance is not a project that has the potential to cause substantial or potentially substantial, adverse change in the environment and qualifies for an exemption under the California
ATTACHMENT A
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Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), and further, the Ordinance establishes standards for the approval of ministerial projects that are not themselves subject to CEQA review; and
WHEREAS, the City Council finds that the adoption of the 2022 Edition of the California Administrative, Building, Residential, Green Building Standards, Energy, Plumbing, Mechanical, Electrical, Existing Building, Fire, Reference Standards and related construction Codes help protect public health, safety, and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PINOLE DOES ORDAIN as follows:
SECTION 1. The forgoing Recitals are true and correct and incorporated herein by this reference.
SECTION 2. Those certain documents, copies of which are on file and are open for inspection by the public at the Building Division of the City of Pinole, being marked and designated as the California Code of Regulations Title 24, Part 1, Part 2 Volumes 1 and 2, Part 2.5, Part 3, Part 4, Part 5, Part 6, Part 9, Part 10, Part 11, Part 12 together with all appendices thereto; each and all of the regulations, provisions, conditions, and terms of the International Property Maintenance Code all of which are on file in the office of the City Clerk are hereby referred to, adopted and made a part hereof as if fully set out in this ordinance.
SECTION 3.
Chapters 15.02, 15.04, 15.06, 15.08, 15.10, 15.12, 15.14, 15.16, 15.18, 15.20, and 15.22, 15.24 of Title 15, Buildings and Construction, of the Pinole Municipal Code are hereby repealed and replaced in its entirety as provided in Exhibit A and Exhibit B:
SECTION 4. References To Prior Uniform Building and Construction Codes. Unless superseded and expressly repealed, references in City forms, documents, and regulations to chapters and sections of the prior adopted Uniform Building Codes shall be construed to apply to the corresponding provisions contained in the chapters and sections of Title 15 of the Pinole Municipal Code adopted by this Ordinance and all other ordinances or parts of ordinances in conflict herewith are hereby superseded and expressly repealed.
SECTION 5. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 6. Adoption. This Ordinance shall take effect on the later of thirty (30) days after passage or January 1, 2023, whichever occurs later, and shall within fifteen (15) days after passage, be posted in accordance with Section 36933 of the Government Code of the State of California with the names of these City Council members voting for and against it. 305 of 677
THE FOREGOING ORDINANCE was introduced at a regular meeting of the Pinole City Council on the 1st day of November, 2022, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
_________________________________
Vincent Salimi , Mayor
ATTEST:
_________________________________
Heather Bell, CMC
City Clerk
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EXHIBIT A
Chapter 15.20
FIRE CODE
Sections:
15.20.010 Fire Code – Adoption.
15.20.020 Establishment and duties of bureau of fire prevention.
15.20.030 Amendments to the California Fire Code.
15.20.010 FIRE CODE - ADOPTION
The City of Pinole hereby adopts the 2022 California Fire Code (California Code of Regulations, Title 24, Part, 9 [based on the 2021 International Fire Code published by the International Code Council]), including Chapters 1-10 and 12-80, Appendix B, Appendix C, Appendix D, Appendix F, Appendix H, Appendix I, Appendix J, and Appendix K, as amended by the changes, additions, and deletions set forth in this ordinance. The 2022 California Fire Code, with the changes, additions, and deletions set forth this ordinance, is adopted by this reference as though fully set forth in this ordinance. As of the effective date of this ordinance, the provisions of the fire code are controlling and enforceable within the limits of each jurisdiction.
15.20.020 ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE PREVENTION The 2022 California Fire Code as adopted and amended in this Chapter shall be enforced by the bureau of fire prevention of the Pinole Fire Department which is established and which shall be operated under the Chief of the Fire Department.
15.20.030 AMENDMENTS TO THE CALIFORNIA FIRE CODE.
A. Chapter 1. Scope and Administration.
Chapter 1 is adopted in its entirety except as amended below:
101.1 Title. This code is the Fire Code of City of Pinole and is hereinafter referred to as “this code.” Section 102.1 is amended to add item 5, to read:
5. Where not otherwise limited by law, the provisions of this code shall apply to vehicles, ships, and boats that are permanently affixed to a specific location within the boundaries of this jurisdiction.
Section 105.5 is amended to read:
105.5 Required operational permits. The fire code official is authorized to issue operational permits for the operations set forth in Chapter 1, Sections 105.5.1 through 105.5.63.
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Section 105.5.33 is amended to read:
105.5.33 Motor Fuel Dispensing Facilities. An operational permit is required for the operation of automotive, marine, and fleet motor fuel dispensing facilities, including for sites that allow mobile fueling from a service provider to the general public, fueling of motor vehicles at approved locations from a tank vehicle and limited or temporary fueling operations for special events (fueling of watercraft from shore, piers, floats, or barges).
Section 105.5.40 is amended to read:
105.5.40 Cannabis/Plant Extraction Related System(s)/Operations. An operational permit is required for any of the following cannabis/plant extraction related systems operations.
1. Cultivation
2. Plant Extraction Systems
3. Testing/Lab
4. Manufacturing
5. Distribution
6. Carbon Dioxide Systems or volatile solvent
Section 105.5 is amended to read:
105.5.52 Wood products. An operational permit is required to store chips, hogged material, wood or other combustible pallets, lumber or plywood in excess of 200 cubic feet (6 m3).
Section 105.5 is amended by adding Sections 105.5.55 through 105.5.63 to read:
105.5.55 Asbestos removal. A permit is required to conduct asbestos-removal operations regulated by Section 3319
105.5.56 Automobile Wrecking or Dismantling Yard. An operation permit is, required for all automobile wrecking yards, automobile dismantling operations, and similar operations. 105.5.57 Christmas tree sales. A permit is required to use a property for the purpose of selling cut Christmas trees
105.5.58 Firework aerial display. A permit is required to conduct a firework display regulated by California Code of Regulations, Title 19 and Chapter 56 of this code 105.5.59 Model rockets. A permit is required to sell model rocket motors or launch model rockets pursuant to California Code of Regulations, Title 19, Division 1, Article 17. Permits issued in accordance with this section are for the site, and are effective as long as site conditions have not changed.
105.5.60 Temporary Occupancy. A permit is required for any temporary occupancy. 105.5.61 Temporary water supply. A permit is required to use a temporary water supply for construction of residential projects or subdivisions pursuant to Section 3313.1. 308 of 677
105.5.62 Tire storage. A permit is required to store more than 1,000 cubic feet (28.3m3) of tires inside buildings pursuant to Chapter 34.
105.5.63 Indoor Growing Operation. A permit is required to operate an indoor growing operation.
Exception: Agricultural Greenhouses in an agricultural zone.
Section 105.6 is amended to read:
105.6 Required construction permits. The fire code official is authorized to issue construction permits for the operations set forth in Chapter 1, Sections 105.6.1 through 105.6.29.
Section 105.6 is amended by adding Sections 105.6.25 through 105.6.29 to read:
105.6.25 Access for fire apparatus. Plans shall be submitted, and a permit is required to install, improve, modify, or remove public or private roadways, driveways, and bridges for which Fire District access is required by the Fire Code.
105.6.26 Construction, Substantial Alteration, Additions of a building for which a building permit is required. Plans shall be submitted to the fire code official for all land developments or for the construction, substantial alteration, additions, or renovation of a building within the jurisdiction where a building permit is required.
Exception: Non-sprinklered Group R-3 Occupancies where work does not involve a substantial addition or substantial alteration. 105.6.27 Land Development, Subdivisions. Plans shall be submitted to the fire code official for all land developments or improvements proposed within the jurisdiction that involve the subdivision of land.
105.6.28 Water supply for fire protection. Plans shall be submitted to the fire code official for the purpose of determining whether adequate water supplies, fire hydrants, and associated systems are provided for all facilities, buildings, or portions of buildings either constructed or moved into the City pursuant to Section 507.
105.6.29 Land Development. Plans shall be submitted to the fire code official for all land developments or improvements proposed within the jurisdiction.
Section 105.7 is added, to read:
105.7 Responsibility of permittee. Construction permits shall be presumed by the Fire District, Fire Department to incorporate all of the work that the applicant or the applicant's agent, employees, or contractors shall carry out. Work performed shall be in accordance with the approved plans and with all requirements of this code and any other laws or regulations applicable thereto. No City approval shall relieve or exonerate any person from the 309 of 677
responsibility of complying with the provisions of this code nor shall any vested rights be created for any work performed in violation of this code.
Section 112.4 is amended to read:
112.4 Violation penalties. Every person who violates any provision of this fire code is guilty of an infraction or misdemeanor in accordance with Health and Safety Code Section 13871 and Government Code Section 53069.4. The imposition of one penalty for any violation shall not excuse the violation or permit to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense.
The application of the aforesaid penalty shall not be held to prevent the enforced removal of prohibited conditions.
B. Chapter 2. Definitions.
Section 202 is amended by adding the following definitions to that section:
Administrator. Shall mean the Fire Chief.
Aerial Pre-Plans. An overhead layout of a parcel that contains structure(s) that identifies specific first responder related items to assist in effectively managing incidents and events for the protection of occupants, responding personnel, property, and the environment. The preplan shall be developed in accordance with a format approved by the AHJ. Preplan symbols shall comply with AHJ or the latest edition of NFPA 170 (Standard for Fire Safety and Emergency Symbols), and NFPA 1620 (Standard for PreIncident Planning).
All-weather driving surface. A roadway with a minimum surface finish that is designed to carry the imposed weight loads of fire apparatus.
Automobile Dismantling or Wrecking Yard. The operation of dismantling or removing parts from salvaged vehicles including engines or engine parts.
Wrecking Yard. An area that stores or dismantles salvaged vehicles.
Board of Directors. The City of Pinole City Council is the governing body of the City of Pinole Fire Department.
Board of Fire Commissioners. The City of Pinole City Council is the governing body of the City of Pinole Fire Department.
Combustible Material. Rubbish, litter or material of any kind other than hazardous vegetation that is combustible and endangers the public safety by creating a fire hazard as determined by the fire code official.
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Defensible Space. The area adjacent to a structure or dwelling as determined by the fire code official where wildfire prevention or protection practices are implemented to provide the key point of defense from an approaching wildfire or to minimize the spread of a structure fire to wildlands or surrounding areas.
Driveway. A private roadway that provides access to no more than two (2) single-family dwellings.
Fire Apparatus Access Road. A road that provides fire apparatus access from a fire station to a facility, building or portion thereof. This is a general term that includes, but is not limited to a fire lane, public street, private street, driveway, parking lot lane, and access roadway.
Fire Code Official. The Fire Chief or a duly authorized representative, or other person as may be designated by law, appointment or delegation and charged with the administration and enforcement of this code.
Firebreak. A continuous strip of land upon and from which all combustible material hazardous vegetation or other growth has been removed to bare mineral soil to stop or prevent the extension of fire from one area to another.
Fire Trail. A graded firebreak of sufficient width, surface, and design to provide access for personnel and equipment to suppress and to assist in preventing a surface extension of fires. Must be able to support the safe travel of a Type 3 Fire Apparatus.
Fuel Break. A strategically located block or strip, on which a cover of dense, heavy, or combustible vegetation has been changed to one of lower fuel volume or reduced combustibility, as an aid to fire control. Fuel breaks require annual and recurring maintenance.
Hazardous Vegetation. Vegetation that is combustible and endangers the public safety by creating a fire hazard including but not limited to seasonal and recurrent grasses, weeds, stubble, brush, dry leaves, dry needles, dead, dying or diseased trees and any other vegetation as determined by the fire code official.
Key Box or Knox Box. (Underwriters Laboratory) UL "Listed" box, size and style, approved by the Fire Code Official or designee that meets the requirements and uses the same security key code adopted by the Fire Department
Ladder Fuel. Fuel that provides vertical continuity between surface fuel and canopy fuel strata, increasing the likelihood that fire will carry from surface fuel into the crowns of shrubs and trees.
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Nuisance Fire Alarm. The activation of any fire protection or alarm system which results in the response of the Fire District and is caused by malfunction, improper maintenance, negligence, or misuse of the system by an owner, occupant, employee, or agent, or any other activation not caused by excessive heat, smoke, fire, or similar activating event.
Ornamental Landscaping. Decorative plants growing within a tended garden or yard which are appropriately irrigated, maintained and located to provide aesthetic decoration and functional utility, such as privacy screening, shade, weed suppression and erosion control. The use of fire-resistant plants and the removal of fire hazardous vegetation will enhance fire safety.
Person. Includes any agency of the county, city, district or other local public agency and any individual, firm, association, partnership, business trust, corporations, limited liability company, or company.
Public Nuisance. A declaration by the fire code official that the presence of combustible materials on any parcel creates a fire hazard or threat to public safety (Health and Safety Code 14875 and 14876) or any violation of this code.
Priority Hazard Zone. An area where the threat from wildfire is severe due to proximity to open space, topography, degree of space, density of homes and/or amount of vegetation (native and ornamental), and/or other conditions favorable to fast moving fires.
Response Time. The elapsed time from receipt of call to the arrival of the first unit on scene.
Rubbish. Waste matter, litter, trash, refuse, debris, and dirt on streets or private property in the jurisdiction, which is or when dry may become a fire hazard. See combustible material.
Rural Area. An area generally designated for agricultural or open space uses with parcels more than 10 acres (4.046873ha) in size.
Rural Residential Area. An area generally designated for single-family residential use with parcels between three (1.2140619ha) and 10 (4.046873ha) acres in size.
Sprinkler Alarm and Supervisory System (SASS). A Dedicated Function Fire Alarm System located at the protected premise installed specifically to monitor sprinkler waterflow alarm, valve supervisory, and general trouble conditions where a Building Fire Alarm is not required.
Streets. Includes alleys, parkways, driveways, sidewalks, and areas between sidewalks and curbs, highways, public right of ways, private road, paper street and, easements. 312 of 677
Substantial Addition. The addition of new gross floor area exceeds fifty percent of the existing gross floor area and the total new gross floor area is 5,000 square feet or greater.
Substantial Alteration. Where fifty percent or greater of the linear length of the wall of the building (exterior and interior) and fifty percent of the roof are removed or replaced within a one-year period.
Temporary Fire Department Access Road for Construction. An approved temporary roadway for emergency vehicle use during construction of residential subdivision projects.
Temporary Fire Department Access Road for Construction of One (1) Residential (R3) Unit. A temporary roadway for emergency vehicle use during construction of an individual residential (R3) structure where a fire department access road is required as part of the project.
Temporary Water Supply. Water stored for firefighting purposes in an approved aboveground tank during combustible construction.
Tree Litter. Any limbs, bark, branches, and/or leaves in contact with other vegetation or left to gather on the ground.
Weeds. All weeds growing upon streets or private property in the jurisdiction, including any of the following:
1.Weeds that bear seeds of a fluffy nature or are subject to flight.
2.Sagebrush, chaparral (including Chamise, Coyote
Brush/Greasewood, Brooms, and Buckwheat), and any other brush or weeds that attain such large growth as to become, when dry, a fire menace to adjacent improved property.
3.Weeds that are otherwise noxious or dangerous;
4.Poison oak and poison sumac when the conditions of growth constitute a menace to public health.
5.Dry grass, brush, tree litter, litter, or other flammable materials that endanger the public safety by creating a fire hazard.
C. Chapter 3. General Precautions Against Fire.
Section 304.3.5 is added, to read:
304.3.5 Clothes Dryers. Clothes dryers shall be frequently cleaned to maintain the lint trap, mechanical and heating components, vent duct, and associated equipment free from accumulations of lint and combustible materials.
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Section 308.1.4, Exception 1 is amended to read:
Exception 1. Residential Occupancies.
Section 324 is added to Chapter 3, to read:
SECTION 324 Exterior Fire Hazard Control.
324.1 Subsurface Fires.
324.1.1 Peat Fire. It is the duty of each person, firm, corporation, or association not to permit a peat fire or a fire involving combustible vegetable matters under the surface of the natural ground to remain upon the property. It is hereby declared that it is the duty of any person as herein defined to take all necessary precautions to extinguish any subsurface fire involving peat or vegetable material at the owner’s own cost and expense.
324.1.2 Fire Suppression Costs. If there exists upon the lands or property of any person as herein defined a subsurface fire involving the burning or combustion of peat, vegetable matter, or vegetation, and the owner or occupant thereof has not taken reasonable precautions within a reasonable time to extinguish or minimize such fire or combustion, the Fire District may, in addition to its regular duties to extinguish or minimize such fire or combustion, go upon the lands of any person as herein defined and extinguish such fire or combustion. Any costs incurred by the Fire District in fighting the fire and for the cost of proving rescue or emergency medical services shall be a charge against the property owner. The charge shall constitute a debt of the property owner and is collectable by the jurisdiction incurring those costs in the same manner as in the case of an obligation under a contract, express or implied. (See Health and Safety Code, §13009.)
Section 325 is added to Chapter 3, to read:
SECTION 325 Automobile Wrecking Yards.
325.1 General. The operation of automobile wrecking yards shall be in accordance with this section.
325.2 Definitions. The following terms are defined in Chapter 2:
Automobile Dismantling
Automobile Wrecking Yard
325.3 Requirements.
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325.3.1 Permits. An operational fire code permit is required as in Section 105.6.53.
325.3.2 Fire Apparatus Access Roads. Fire apparatus access roads shall be constructed throughout the site in accordance with this code and shall be maintained clear of all vehicles and stored items.
325.3.3 Welding and cutting. Welding and cutting operations shall be conducted in an approved location, clear of all flammable liquids and combustible materials, including weeds, tires, and all other debris.
325.3.4 Housekeeping. Combustible rubbish accumulated on site shall be collected and stored in approved containers, rooms, or vaults of noncombustible materials.
Combustible vegetation, cut or uncut, shall be removed when determined by the fire code official to be a fire hazard.
325.3.5 Fire Protection. Offices, storage buildings, and vehicles used for site operations shall each be provided with at least one portable fire extinguisher with not less than a 4-A: 40-B-C rating. When required by the fire code official, additional fire extinguishers shall be provided.
325.3.6 Tire storage. Tires shall be stored in racks or in a manner as approved by the fire code official.
325.3.6.1 Distance from Water Supply. Tire storage shall be located on-site and no further than 500 feet from a fire hydrant or an approved water supply as determined by the fire code official.
325.3.7 Storage Piles. Storage piles shall be located a minimum of 20 feet from property lines and shall have an unobstructed access road on all sides of not less than 20 feet.
325.3.8 Burning operations. The burning of salvaged vehicles and salvaged or waste materials is prohibited.
325.3.9 Motor vehicle fluids. Motor vehicle fluid shall be drained from salvaged vehicles when such liquids are leaking onto the ground and prior to dismantling or removing engine/motor parts.
325.3.9.1 Mitigation of leaking fluids. Precautions shall be taken to prevent fluids from salvaged vehicles from leaking onto the ground. Supplies or equipment capable of mitigating leaks from fuel tanks, crankcases, brake systems, and transmissions shall be kept available on site. Single-use plugs, diking, and absorbent materials shall be disposed of as hazardous waste and removed from the site in a manner in accordance with federal, state, and local requirements.
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325.3.10 Fuel tanks. Fuel tanks of salvaged vehicles shall be emptied of all flammable (gasoline, diesel) fuels in an approved manner and stored in approved tanks.
325.3.10.1 Repair of vehicle fuel tanks. The repair of fuel tanks, including cutting, welding, or drilling of any kind, is prohibited.
325.3.11 Lead acid batteries. Lead acid batteries shall be removed from all salvaged vehicles and stored in an approved manner in a location approved by the fire code official.
D. Chapter 4. Emergency Planning and Preparedness.
Section 401.5.1 is added to read:
401.5.1 Nuisance Fire Alarm. A fee may be charged for false/ or nuisance fire alarms in accordance with a fee schedule adopted by the Board of Directors.
Section 401.10 is added to read:
401.10 Aerial Pre-Plans. For all new construction the fire official is authorized to require a fire aerial pre-plan to be prepared by an approved vendor at the cost of the developer.
Section 401.11 is added to read
401.11 Standby Personnel. Where, in the opinion of the fire code official or Fire Chief, it is essential for public safety in a place of assembly, or any other place where people congregate, because of the number of persons, or the nature of the performance, exhibition, display, contest, or activity, the owner, agent, or lessee shall provide standby personnel as required and approved by the fire code official or Fire Chief. If the activity requires fire watch, fire watch shall be provided in accordance with Sections 403.11.1.1 and 403.11.1.2. Standby personnel needed for EMS standby shall be provided in accordance with Contra Costa County EMS Protocols.
E. Chapter 5. Fire Service Features.
Section 503.1.4 is added to read:
503.1.4 Access to open spaces. When access to open land/space or fire trail systems maintained for public or private use is obstructed by new development of any kind, the developer shall provide alternate acceptable access into the area that is sufficient to allow access for fire personnel and apparatus. The alternate means of access requires the approval of the fire code official.
Section 503.1.5 is added to read:
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503.1.5 Existing fire trail systems shall be maintained. When conditions make maintenance of existing trails impractical, alternate means of access shall be provided and requires approval by fire code official.
Section 503.2.1 is amended by adding the following exception:
Exception: A driveway with a minimum width of 16 feet is acceptable for access to one or two single- family dwellings.
Section 505.3 is added, to read:
505.3 Street names and addressing. Street names and addressing shall be submitted for review and approval to the fire code official, whose approval will not be unreasonably withheld. The purpose of the review is to verify that new street names and addressing will not duplicate existing street names and addressing.
F. Chapter 6. Building Services and Systems.
Section 605.3.1 is added to read:
605.3.1 Spark Arrestors. All Chimneys attached to any appliance or fireplace that burns solid fuel shall be equipped with an approved spark arrestor per CBC 2113.9.2 G. Chapter 9. Fire Protection Systems.
Section 901.6.3 is amended to read:
901.6.3 Records. Records of all system inspections, tests, and maintenance required by the reference standards shall be submitted to a third party electronic record keeping service as chosen by the fire district.
Section 902.1 is amended to add:
Substantial Addition. The addition of new gross floor area exceeds fifty percent of the existing gross floor area and the total new gross floor area is 5,000 square feet or greater.
Substantial Alteration. Where fifty percent or greater of the linear length of the wall of the building (exterior and interior) and fifty percent of the roof are removed or replaced within a one-year period.
Section 903.2.1.1 is amended to read:
903.2.1.1 Group A-1. An automatic sprinkler system shall be provided throughout stories containing Group A-1 occupancies and throughout all stories from the Group A-1 317 of 677
occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:
1. The fire area exceeds 5,000 square feet.
2. The fire area has an occupant load of 300 or more.
3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.
4. The fire area contains a multi-theater complex.
Section 903.2.1.3 is amended to read:
903.2.1.3 Group A-3. An automatic sprinkler system shall be provided throughout stories containing Group A-3 occupancies and throughout all stories from the Group A-3 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:
1. The fire area exceeds 5,000 square feet.
2. The fire area has an occupant load of 300 or more.
3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.
4. The structure exceeds 10,000 square feet, contains more than one fire area containing exhibition and display rooms, and is separated into two or more buildings by firewalls of less than 4-hour fire resistance rating without openings.
Section 903.2.1.4 is amended to read:
903.2.1.4 Group A-4. An automatic sprinkler system shall be provided throughout stories containing Group A-4 occupancies and throughout all stories from the Group A-4 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:
1. The fire area exceeds 5,000 square feet
2. The fire area has an occupant load of 300 or more.
3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.
Section 903.2.2 is amended in its entirety, to read:
903.2.2 Group B. An automatic sprinkler system shall be provided for Group B occupancies and intervening floors of the building where the fire area exceeds 5,000 square feet.
903.2.2.1 Ambulatory care facilities. An automatic sprinkler system shall be installed throughout the entire floor containing an ambulatory care facility where either of the following conditions exist at any time:
1. Four or more care recipients are incapable of self-preservation.
2. One or more care recipients that are incapable of self-preservation are located at other than the level of exit discharge serving such a facility. 318 of 677
3. In buildings where ambulatory care is provided on levels other than the level of exit discharge, an automatic sprinkler system shall be installed throughout the entire floor as well as all floors below where such care is provided, and all floors between the level of ambulatory care and the nearest level of exit discharge, the level of exit discharge, and all floors below the level of exit discharge.
Exception: Floors classified as an open parking garage are not required to be sprinklered.
Section 903.2.3 is amended to read:
903.2.3 Group E. An automatic sprinkler system shall be provided for Group E occupancies as follows:
1. Throughout all Group E fire areas greater than 2,000 square feet in area.
Exception: An automatic sprinkler system is not required in any Group E Day Care Facility less than 5,000 square feet
2. The Group E fire area is located on a floor other than a level of exit discharge serving such occupancies.
Exception: In buildings where every classroom has not fewer than one exterior exit door at ground level, an automatic sprinkler system is not required in any area below the lowest level of exit discharge serving that area.
3. The Group E fire area has an occupant load of 300 or more.
4. In rooms or areas with special hazards such as laboratories, vocational shops, and. other such areas where hazardous materials in quantities not exceeding the maximum allowable quantity are used or stored.
5. Throughout any Group E structure greater than 4,000 square feet in area, which contains more than one fire area, and which is separated into two or more buildings by fire walls of less than 4hour fire resistance rating without openings.
6. For public school state-funded construction projects, see Section 903.2.19.
7. For public school campuses, Kindergarten through 12th grade, see Section 903.2.20.
Section 903.2.4 is amended to read:
903.2.4 Group F-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following ·conditions exists:
1. A Group F-1 fire area exceeds 5,000 square feet.
2. A Group F-1 fire area is located more than three stories above grade plane.
3. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 10,000 square feet.
4. A Group F-1 occupancy used for the manufacture. of upholstered furniture or mattresses exceeding 2,500 square feet (232 m2).
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Section 903.2.4.4 is added to read:
903.2.4.4 Group F-2. An automatic sprinkler system shall be provided throughout all buildings containing a Group F-2 occupancy greater than 5,000 square feet.
Section 903.2.7 is amended to read
903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one of the following conditions exists:
1. A Group M fire area exceeds 5,000 square feet.
2. A Group M fire area is located more than three stories above grade plane.
3. The combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 10,000 square feet.
4. A Group M occupancy (is) used for the display and sale of upholstered furniture or mattresses exceeds 5,000 square feet.
5. The structure exceeds 5,000 square feet, contains more than one fire area containing a Group M occupancy, and is separated into two or more buildings by fire walls of less than 4-hour fire resistance rating without openings.
Section 903.2.8 is amended to read:
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all Group R occupancies. An automatic sprinkler system shall be installed in new manufactured homes, new mobile homes, and multifamily manufactured homes with two dwelling units, including those located in mobile home parks, in accordance with Title 25 of the California Code of Regulations.
Section 903.2.8.1.1 is added, to read:
903.2.8.1.1 Group R-3 Substantial Addition or Alteration. An automatic sprinkler system shall be provided throughout all existing Group R-3 dwellings where either of the following occurs:
1. Substantial Addition. The addition of new gross floor area exceeds fifty percent of the existing gross floor area and the total new gross floor area is 3,600 square feet.
2. Substantial Alteration. Where fifty percent or greater of the linear length of the wall of the building (exterior and interior) and fifty percent of the roof are removed or replaced within a one-year period.
Section 903.2.9 is amended to read:
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903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists:
1. A Group S-1 fire area exceeds 5,000 square feet.
2. A Group S-1 fire area is located more than three stories above grade plane.
3. The combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds 10,000 square feet.
4. A Group S-1 occupancy used for the storage of commercial motor vehicles where the fire area exceeds 5,000 square feet.
Section 903.2.9.1 is amended to read:
903.2.9.1 Repair garages. An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with Section 406.8 of the California Building Code, as shown:
1. Buildings having two or more stories above grade plane, including basements, with a fire area containing a repair garage exceeding 5,000 square feet.
2. Buildings not more than one story above grade plane, with a fire area containing a repair garage exceeding 5,000 square feet.
3. Buildings with repair garages servicing vehicles parked in basements.
4. A Group S-1 fire area used for the repair of commercial motor vehicles where the fire area exceeds 5,000 square feet.
Section 903.2.10.1 is amended to read:
903.2.10 Group S-2 parking garages. An automatic sprinkler system shall be provided throughout buildings classified as parking garages where any of the following conditions exists:
1. Where the fire area of the enclosed parking garage, in accordance with Section 406.6 of the California Building Code, exceeds 5,000 square feet.
2. Where the enclosed parking garage, in accordance with Section 406.6 of the California Building Code, is located beneath other groups.
Exception: Enclosed parking garages located beneath Group R-3 occupancies.
3. Where the fire area of the open parking garage, in accordance with Section 406.5 of the California Building Code, exceeds 48,000 square feet.
Section 903.2.10.3 is added to read:
903.2.10.3 Group S-2 low hazard storage. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-2 occupancy exceeding 5,000 square feet.
Exception: Open parking garages, including canopies and photovoltaic panel systems with open parking underneath, shall meet automatic sprinkler system 321 of 677
requirements in accordance with the 2022 California Building Code and 2022 California Fire Code without local amendment.
Section 903.3.1.1.4 is added to read:
903.3.1.1.4 Undeclared Use. In buildings of undeclared use with floor to structure height greater than 14 feet, the fire sprinkler system shall be designed to conform to Extra Hazard Group I design density. In buildings of undeclared use with floor to structure height less than .14 feet, the fire sprinkler system shall be designed to conform to Ordinary Group II design density. Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility of the owner 'and/or the occupant to upgrade the system.
Section 903.3.1.3 is amended to read:
903.3.1.3 Sprinkler Systems for One and Two family dwellings. Automatic sprinkler systems for one and two- family dwellings shall be permitted to be installed in accordance with section 903.3.1.3.1.
Section 903.3.1.3.1 is added to read:
903.3.1.3.1 Pipe limitations. Where CPVC pipe is installed above the insulation or is otherwise located in an unconditioned space, such as in an attic space, or a garage without conditioned living space above, CPVC pipe shall be adequately insulated to a minimum R-19 value, or equivalent, or pipe shall be limited to Type K or L copper, or ferrous piping.
Section 903.3.5.3 is added to read:
903.3.5.3 Non-permissible water supply storage. Swimming pools and ponds shall not be considered water storage for the purposes of Section 903.3.5.
Section 903.3.9 is amended to read:
903.3.9. Floor control valves. Individual floor control valves and water flow detection assemblies shall be provided for each floor in multi-floor buildings at an approved location.
Exception: Group R-3 and R-3.1 Occupancies.
Section 903.4.2 is amended to read:
903.4.2 Alarms. One approved audible and visual device shall be connected to every automatic sprinkler system at an approved location. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of 322 of 677
the smallest orifice size installed in the system. Audible and visual alarm devices shall be provided on the exterior of the building in an approved location. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system.
Section 903.6.1 and 903.6.2 are added to read:
903.6.1 Substantial Addition. An automatic sprinkler system shall be provided throughout all existing R-3 Occupancy buildings where a substantial addition occurs and the total new gross floor area of the structure exceeds 3,600 square feet. Group R-3 substantial additions or alterations shall comply with Section 903.2.8.1.1. 903.6.2 Change of occupancy classification. Any existing building that undergoes a change of occupancy classification into a higher hazard category shall comply with the requirements of Section 903.2. Relative hazard categories of occupancy groups shall be established based upon the Heights and Areas Hazard Categories of Table 1011.5 of the current edition of the International Existing Building Code, as published by the International Code Council. The requirements of Section 903.2 shall not be required when a change of occupancy classification is made to an equal or lesser hazard category.
Group L occupancies shall be considered a relative hazard of 1 (highest hazard).
Section 907.4.4 is added to read:
907.4.4 Monitoring of other fire systems. In buildings equipped with a fire alarm system or sprinkler alarm and supervisory service (SASS) system, where other fire suppression or extinguishing systems are installed in the building (including, but not limited to commercial kitchen suppression systems, pre-action fire suppression systems, dry chemical systems, and clean agent systems), these other suppression systems shall be monitored by the SASS dedicated function fire alarm system and transmitted as a specific signal to the Central Station. The system shall be monitored in compliance with Section 907.6.6.
Section 907.5.2.3.1 is amended to read:
907.5.2.3.1 Public and common areas. Visible alarm notification appliances shall be provided in public use areas and common use areas, including but not limited to:
1. Sanitary facilities including restrooms, bathrooms, shower rooms, and locker rooms.
2. Corridors, hallways, and aisles with shelving and/or fixtures obstructing the required light intensity for that area.
3. Music practice rooms.
4. Band rooms.
5. Gymnasiums.
6. Multipurpose rooms.
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7. Occupational shops.
8. Occupied rooms where ambient noise impairs hearing of the fire alarm.
9. Lobbies.
10. Meeting/Conference rooms.
11. Classrooms.
12. Medical exam rooms.
13. Open office areas.
14. Sales floor areas.
15. Break or lunch rooms
16. Copy or work rooms.
17. Computer server rooms exceeding 200 sq. ft.
18. File or Storage rooms exceeding 200 sq. ft.
Section 907.6.6 is amended to read:
907.6.6 Monitoring of fire alarm systems. A fire alarm system required by this chapter, or by the California Building Code, shall be monitored by a UL-listed Central Station service in accordance with NFPA 72 and this code.
Exception: Monitoring by a UL-listed central station is not required for:
1. Single- and multiple-station smoke alarms required by Section 907.2.10.
2. Group 1-3 occupancies shall be monitored in accordance with Section 907.2.6.3.
3. Residential Day Care Facilities (occupancy load of 14 or less).
4. One- and two-family dwellings.
5. Residential Care Facilities licensed by the state with an occupant load of 6 or less.
6. Occupancies with local fire alarm system that will give an audible and visible signal at a constantly attended location, as approved by the Fire Code Official.
Section 907.6.7 is added to read:
907.6.7 Certification. New fire alarm systems shall be UL-Certified. A Certificate of Completion and other documentation as listed in NFPA 72 shall be provided for all new fire alarm system installations. It is the responsibility of the building owner or owner's representative to obtain and maintain a current and valid Certificate.
Section 907.6.7.1 is added to read:
907.6.7.1 Posting of Certificate. The UL Certificate shall be posted in a durable transparent cover within three feet of the fire alarm control panel within 45 days of the final acceptance test/inspection.
H. Chapter 10. Means of Egress.
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Section 1028.5.1 is added to read:
1028.5.1 Exit discharge surface. Exterior exit pathway surfaces shall be suitable for pedestrian use in inclement weather and shall terminate at a public way as defined in the California Building Code.
I. Chapter 33. Fire Safety During Construction and Demolition.
Section 3303.1.2 is added to read:
3303.1.2 Amendments. Amendments may be required to an approved site safety plan if deemed necessary by both the building official and fire official, based on previous fires or hazards that occurred on site or occurring within the jurisdiction.
Section 3303.1.3 is added to read:
3303.1.3 Site Security requirements. Site security requirements shall include the following if deemed necessary by both the building official and fire official:
1. Controlled access points
2. Site fencing, up to 12 feet in height with tamper sensors and security wires on top
3. Security guards, full-time 24/7 presence on-site, to perform fire watch and patrols
4. Detection check points located throughout the buildings for fire watch and patrol verification
5. Security camera coverage throughout the site with motion detection notifications
6. Identify measures taken to prevent tampering with security cameras and motion sensors
7. Necessary lighting throughout the project site
Section 3319 Asbestos Removal is added to read as follows:
3319.1 General. Operations involving removal of asbestos or asbestos-containing materials from buildings shall be in accordance with Section 3319.
Exception: Section 3319 does not apply to the removal of asbestos from:
1. Pumps, valves, gaskets and similar equipment.
2. Pipes, ducts, girders or beams that have a length less than 21 linear feet (6400 mm).
3. Wall or ceiling panels that have an area of less than 10 square feet (0.93 m2) or a dimension of less than 10 linear feet (3048 mm).
4. Floor tiles when their removal can be completed in less than four hours.
5. Group R-3 occupancies.
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3319.2 Notification. The fire code official shall be notified 24 hours prior to the commencement and closure of asbestos-removal operations. The permit applicant shall notify the building official when asbestos abatement involves the removal of materials that were used as a feature of the building's fire resistance. 3319.3 Plastic Film. Plastic film that is installed on building elements shall be flame resistant as required for combustible decorative material, in accordance with Section 807.
3319.4 Signs. Approved signs shall be posted at the entrance, exit and exit-access door, decontamination areas and waste disposal areas for asbestos-removal operations. The signs shall state that asbestos is being removed from the area, that asbestos is a suspected carcinogen, and that proper respiratory protection is required. Signs shall have a reflective surface. Lettering shall be a minimum of2 inches (51 mm) high.
J. Chapter 50. Hazardous Materials - General Provisions.
Section 5001.5.1 is amended to add item number 10 and 11 to read as follows:
10. Fire Department related safety equipment
A. Fire alarm control panel (FACP)
B. Sprinkler riser
C. Fire department connection (FDC)
D. Knox Box location
E. Gas valve shutoff
F. Electrical main shutoff
G. Water shutoff
H. Elevator equipment room
11. A Site Fire/Explosion/Hazardous Material Release Analysis Assessment. A Fire Protection Engineer (FPE) stamped risk assessment is required for each possible hazard risk associated with fire, explosion, smoke, and toxicity associated with the possible incident at a facility that is identified as a bulk transfer/process/storage facility. Refer to NFPA 550 & 551 for references.
Section 5001.5.3 is added to read:
5001.5.3 Emergency response support information. Floor plans, material safety data sheets, Hazardous Materials Management Plans (HMMP), Hazardous Material Inventory Statements (HMIS), and other information must be stored at a readily accessible location; as determined by the fire code official. This location may be in cabinets located outside of facilities or buildings. Information may be required to be maintained in a specific electronic media format to facilitate computer aided dispatching.
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Section 5003.9.1.2 is added to read:
5003.9.1.2 Documentation. Evidence of compliance with provisions of this chapter as well as with state and federal hazardous material regulations shall be maintained on site and available for inspection by fire department personnel.
K. Chapter 56. Explosives and Fireworks.
Section 5601.1.3 is amended to read as follows:
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited within jurisdiction of the District.
Exceptions:
1. Storage and handling of fireworks by a Public Safety Agency.
2. The use of fireworks for fireworks displays pyrotechnics before a proximate audience and pyrotechnic special effects in motion pictures, television, theatrical or group entertainment productions as allowed in Title 19, Division 1, Chapter 6 Fireworks reprinted in Section 5608 and Health and Safety Code Division 11.
3. Snap Caps and Party Poppers classified by the State Fire Marshal as pyrotechnic devices.
Section 5601.2.2 is amended to read as follows:
5601.2.2 Sale and retail display. No person shall construct a retail display or offer for sale any explosives, explosive materials, or fireworks within the jurisdiction. Exception:
Snap Caps and Party Poppers classified by the State Fire Marshal as pyrotechnic devices.
Section 5601.2.4 is amended to read as follows:
5601.2.4 Financial responsibility. Before a permit is issued pursuant to Section 5601.2, the applicant shall file with the jurisdiction a corporate surety bond in the principal sum of $2,000,000 or a public liability insurance policy for the same amount, for the purpose of the payment of all damages to persons or property which arise from, or are caused by, the conduct of any act authorized by the permit upon which any judicial judgment results. The fire code official is authorized to specify a greater or lesser amount when, in his or her opinion, conditions at the location of use indicate a greater or lesser amount is required. Government entities shall be exempt from this bond requirement.
Exception: Fireworks in accordance with California Code of Regulations, Title 19, Division 1, Chapter 6. See Section 5608
L. Chapter 57. Flammable and Combustible Liquids.
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Section 5703.3.1 is added to read:
5703.3.1 Facility site Fire/Explosion/Hazardous Material Release Analysis Assessment.
A Fire Protection Engineer (FPE) stamped risk assessment is required for each possible hazard risk associated with fire, explosion, smoke, and toxicity associated with the possible incident at a facility that is identified as a bulk transfer/process/storage facility when required by the fire official. Refer to NFPA 550 & 551 for references.
Section 5704.2.9.6.1 is amended to read as follows:
Section 5704.2.9.6.1 Locations where above-ground tanks are prohibited. The storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited in all zoning districts except districts zoned for commercial, industrial, or agricultural uses.
Exception: Protected above-ground tanks for the purpose of emergency power generator installations in areas zoned commercial, industrial, agricultural, business district, rural or rural residential, and for facilities on an individual basis consistent with the intent of this provision. Tank size shall not exceed 1,000 gallons for any class of liquids.
Section 5706.2.4.4 is amended to read:
Section 5706.2.4.4 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above-ground tanks is prohibited in all zoning districts except district zoned for commercial, industrial, or agricultural uses.
Exception: Protected above-ground tanks for the purpose of emergency power generator installations in areas zoned
commercial, industrial, agricultural, business district, rural or rural residential, and for facilities on an individual basis consistent with the intent of this provision. Tank size shall not exceed 1,000 gallons for any class liquids.
M. Chapter 58. Flammable Gasses and Flammable Cryogenic Fluids Section 5806.2 is amended to read as follows:
5806.2 Limitation. The storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited in any area which is zoned for other than industrial use.
Exception: Liquid hydrogen fuel systems in compliance with Section 5806.3 or 5806.4.
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N. Chapter 61. Liquefied Petroleum Gases.
Section 6103.2.1.7 is amended to read:
6103.2.1.7 Use for food preparation. Individual portable L-P containers used, stored, or handled inside a building classified as a Group A, Group B, or Group M occupancy for the purposes of cooking, food display, or a similar use, shall be limited in size to one quart capacity and shall be of an approved type. The number of portable containers permitted will be at the discretion of the fire code official. LP-gas appliances used for food preparation shall be listed for such use in accordance with the California Mechanical Code and NFPA 58.
Section 6104.2 is amended to read:
6104.2 Maximum capacity within established limit. The storage of liquefied petroleum gas is prohibited in any central business district and in all zoning districts except districts zoned for commercial, industrial, rural, or agricultural uses. The aggregate capacity of any one installation used for the storage of liquefied petroleum gas shall not exceed a water capacity of 2,000 gallons (7570 L).
O. Chapter 80. Referenced Standards.
Chapter 80 is amended by adding the following referenced standards:
NFPA 3 (2021): Recommended Practice for Commissioning of Fire Protection and Life Safety Systems
NFPA 850 (2020): Recommended Practice for Fire Protection for Electric Generating Plants and High Voltage Direct Current Converter Stations Chapter 80 is further amended by amending the NFPA 13D (2022) (Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes) standard as follows:
Section 7.7.1 is added, to read:
7.7.1 Where CPVC pipe is installed above the normal insulation in an unconditioned space, such as in an attic space, or a garage without conditioned living space above, CPVC pipe shall be adequately insulated to a minimum R-19 value, or equivalent, or pipe shall be limited to Type K or L copper, or ferrous piping.
Section 8.3.5.1.2 is amended to read:
8.3.5.1.2 Where fuel-fired equipment is below or on the same level as occupied areas of the dwelling unit, at least one quick-response intermediate temperature sprinkler shall be installed above the equipment or at the wall separating the space with the fuel-fired equipment from the occupied space. In unconditioned spaces, CPVC pipe 329 of 677
shall be adequately insulated to a minimum R-19 value, or equivalent, or pipe shall be limited to Type K or L copper, or ferrous piping.
Appendix B. Fire-Flow Requirements for Buildings.
Table B105.2 is amended to read:
TABLE B105.2
Required Fire-Flow for Buildings Other Than
One- and
Two-Family Dwellings, Group R-3 and R-4
Buildings and Townhouses
AUTOMATIC
SPRINKLER SYSTEM
(DESIGN STANDARD)
MINIMUM FIREFLOW (GALLONS PER
MINUTE)
FLOW DURATION
(HOURS)
No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) Section 903.3.1.1 of the
California Fire Code
50% of the value in Table
B105.1(2)a
Duration in Table B105.1(2) at
the reduced flow rate
Section 903.3.1.2 of the California
Fire Code
50% of the value in Table
B105.1(2)a
Duration in Table B105.1(2) at
the reduced flow rate
For SI: 1 gallon per minute= 3.785 Lim
a. The reduced fire-flow shall be not less than 1,500 gallons per minute.
Appendix C. Fire Hydrant Locations and Distribution.
Table C102.1 is amended as follows:
The title of Table C102.1 is amended to read: TABLE C102.1 REQUIRED NUMBER AND SPACING OF FIRE HYDRANTS (footnote h and J)
The heading of the fourth column of Table C102.1 is amended to read:
MAXIMUM DISTANCE FROM ANY POINT ON STREET OR ROAD
FRONTAGE TO A
HYDRANT (d, f, g, i)
Footnotes "i" and "j" are added to Table C102.1, to read:
i. A fire hydrant shall be provided within 250 feet of a fire trail access point off a public or private street.
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j. For infill projects within existing single-family residential developments, Section 507.5.1 applies.
Appendix D. Fire Apparatus Access Roads.
Section D102.1 is amended to read:
D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete, or other approved all-weather driving surface capable of supporting the imposed load of fire apparatus weighing at least 74,000 pounds(34,473 kg) in accordance with Caltrans Design Standard HS20-44.
Exception: Driveways serving one or two single-family dwellings may be constructed of an alternate surface material, providing the imposed weight load design minimums are met and the grade does not exceed 10 percent.
Section D103.2 is amended to read:
D103.2 Grade. Fire department access roadways having a grade of between 16 percent and 20 percent shall be designed to have a finished surface of grooved concrete sufficient to hold a 44,000 pound (19 958 kg) traction load. The grooves in the concrete surface shall be ½ inch (13 mm) wide by ½ inch (13 mm) deep and 1 ½ inch (38 mm) on center and set at a 30 to 45-degree angle across the width of the roadway surface. No grade shall exceed 20 percent, nor shall the cross slope exceed 8%, unless authorized in writing by the fire code official.
Section D103.2.1 is added to read:
D103.2.1 Angles of approach and departure. The angles of approach and departure for any means of access shall not exceed 10 percent at 10 feet of the grade break.
Section D103.3 is amended to read:
D103.3 Turning radius. Based on a minimum unobstructed width of 20 feet, a fire apparatus access roadway shall be capable of providing a minimum standard turning radius of 25 feet (7620 mm) inside and 45 feet (13 716 mm) outside. 331 of 677
Figure D103.1 is amended to read:
Table D103.4 is amended to read:
Table D103.4 REQUIREMENTS FOR DEAD-END FIRE APPARATUS ACCESS ROADS LENGT
H
(feet)
MINIMU
M
WIDTH
(feet)
. TURNAROUNDS REQUIRED
0-150 20a None required
151 -
750
20a 100-foot Hammerhead, SO-foot "Y", 75-foot Shunt or
90-foot- diameter cul-de-sac in accordance with figure
D103.1
Over 750 Special approval
required b
a. A driveway with a minimum width of 16 feet is acceptable for access to no more than two single-family dwellings.
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b. Any fire apparatus access roadway or driveway that is approved to be less than 20 feet wide and to exceed 750 feet in length shall have outsets or turnouts every 300 feet along the length of the road or driveway, or at locations approved by the fire code official. Each outset or turnout shall be of the following dimensions: an 8-foot-wide turnout that extends at least 40 feet in length.
Section D103.5 is amended as follows:
Criteria 1 of Section D103.5 is amended to read:
1. The minimum clear width shall be 20 feet (6096mm).
Exception: For access to one or two single-family dwellings, 16 feet clear width is acceptable.
Criteria 9 is added to Section D103.5, to read:
9. All gates shall be installed and located a minimum of 30 feet off the street.
Section D103.6.1 is amended to read:
D103.6.1 Roads less than 28 feet in width. Fire apparatus access roads less than 28 feet wide shall be posted on both sides as a fire lane.
Section D103.6.2 is amended to read:
D103.6.2 Roads 28 feet in width or greater, but less than 36 feet in width. Fire apparatus access roads 28 feet wide or greater, but less than 36 feet wide, shall be posted on one side of the road as a fire lane.
Section D106.1 is amended by deleting the exception and to read:
D106.1 Projects having more than 100 dwelling units. Multiple-family residential projects having more than 100 dwelling units shall be provided with two separate and approved fire apparatus access roads and shall meet the requirements of Section D104.3.
Section D106.2 is deleted.
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Chapter 15.02
GENERAL PROVISIONS
Sections:
15.02.010 Title.
15.02.020 Organization.
15.02.030 Codes adopted by reference.
15.02.040 Expiration of permits.
15.02.050 Premises identification numbering.
15.02.060 Construction permit fees - set by City Council.
15.02.070 Permitted hours and condition of construction, penalties.
15.02.080 Misrepresentations in permit application.
15.02.090 Disconnection of utility service.
15.02.010 TITLE.
Chapters 15.02 through 15.24 shall be known as the "City of Pinole Building Codes" and shall be cited as such.
15.02.020 ORGANIZATION.
A building division is established in accordance with the provisions of California Building Code, 2022 Edition, adopted in Chapter 15.04. This division shall be a part of and shall operate under the direction of the Community Development Director. The building division is authorized to direct and enforce all the provisions of this Title and any of the Codes adopted in this Title.
15.02.030 CODES ADOPTED BY REFERENCE.
For the purpose of establishing proper regulations for building construction, maintenance of housing standards, installation of electrical, plumbing and mechanical systems and swimming pool construction, the codes specifically listed in Chapters 15.02 through 15.22, except as modified in this Title, are adopted and made a part of this Title by reference, without publishing or posting thereof, and copies of each of these Codes as listed in this Title are now on file for use and examination by the public in the office of the City Clerk.
15.02.040 EXPIRATION OF PERMITS.
All permits issued by the building division shall expire one hundred eighty (180) calendar days from date of issuance if the work is not commenced within this time (Except as noted in the 2022 CBC Section 105.5.1. and the 2022 CRC Section R105.5.1).
15.02.050 PREMISES IDENTIFICATION NUMBERING.
A. Every main structure or building constructed, altered, repaired or moved into the City shall be assigned a street address identification number by the Building Official and approved by the Fire Code Official (as defined in 15.04.030 of this Code).
B. Identification numbers shall be placed on the street side of the building or structure in such a manner as to be plainly visible from the street or public way. Identification numbers shall be a
EXHIBIT B
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minimum of 6" in height and of a color to contrast with the surrounding color. Numbers shall be installed prior to final inspection and occupancy of the building or structure.
C. The premises street address shall be internally or externally illuminated to the satisfaction of the Building Official and Fire Code Official.
D. The owner or his or her designated agent shall be responsible for the maintenance of identification numbers.
E. Any changes to the assigned street identification numbers must be approved by the Building Official and Fire Code Official.
F. The fee for assigning or modifying a street address shall be set by resolution of the City Council.
15.02.060 CONSTRUCTION PERMIT FEES - SET BY COUNCIL.
All construction permit fees including building, plumbing, mechanical, electrical, swimming pools and solar shall be set by resolution of the City Council and reflected in the City's Master Fee Schedule.
15.02.070 PERMITTED HOURS AND CONDITION OF CONSTRUCTION, PENALTIES.
A. Work is allowed from seven a.m. (7:00 a.m.) to five p.m. (5:00 p.m.) Monday through Friday. Work is allowed, but no inspections will be performed on non-federal holidays, which are holidays that are not acknowledged federally but are recognized by the City of Pinole. These holidays include, but are not limited to, Cesar Chavez's Birthday and the Day After Thanksgiving.
B. Saturday work is allowed in commercial zones only, from nine a.m. (9:00 a.m.) to six p.m. (6:00 p.m.), if it is interior work and does not generate significant noise.
C. Exceptions for residential property owners.
1. Homeowners performing additions, repairs, or remodeling are allowed to work on their residences on weekends and holidays between nine a.m. (9:00 a.m.) and five p.m. (5:00 p.m.).
2. By written authorization of the Building Official, a residential property owner with a valid permit to construct a single-family residence for personal occupancy shall be allowed to work on weekends and holidays between nine a.m. (9:00 a.m.) and five p.m. (5:00 p.m.). This authorization shall be granted to applicants who have not built a residence in the City in the previous five (5) year period and who affirm in writing their intention to reside at the subject property.
D. Exceptions for commercial construction. The City Council designates the City Manager (or his/her designee) to further modify on a case-by-case basis the hours of construction in commercial zones. Additionally, the City Manager (or his/her designee) can modify the 335 of 677
construction hours on a case-by-case basis based on inclement weather conditions or certain construction procedures (such as setting up for a concrete pour) and construction project characteristics that may require working beyond five p.m. (5:00 p.m.) on weekdays or six p.m. (6:00 p.m.) on Saturday.
E. The minimum fine for a citation or penalty for violating construction hours is one thousand dollars ($1,000.00) and escalates in one thousand dollars ($1,000.00) increments.
F. Work must be controlled to prevent causing a public nuisance due to dust, noise, vibrations, and the like.
15.02.080 MISREPRESENTATIONS IN PERMIT APPLICATION.
No person shall make false statement or misrepresentation in or in connection with an application for a permit under this Title. Any permit issued under this Title may be revoked or suspended at any time by the Building Official or designee for fraud, misrepresentation or false statement contained in an application for a permit, or for violations of this Title in connection with work done under the permit.
15.02.090 DISCONNECTION OF UTILITY SERVICE.
The Building Official (or designee) may shut off or disconnect any or all utility service to any structure or facility or to any electrical conductor or apparatus which he/she finds to be in violation of any state or county law or regulation relating thereto or to the public health, safety, or welfare, or he may order this done. If he/she finds that the violation involves an immediate danger to person(s) or to other properties or to the public health, safety or welfare, he/she may have the action taken as quickly as he/she deems necessitated by the danger; otherwise he/she shall give ten (10) days advance notice thereof by mail to the utility and the owner of the property as shown on the last assessment roll and by conspicuously posting notice of his orders and the action taken, which no person shall remove, tamper with or disobey. He/she shall rescind or modify such action when it becomes proper to do so in view of the danger or violation. 336 of 677
Chapter 15.04
BUILDING CODE
Sections:
15.04.010 Adoption by reference.
15.04.020 Copies on file.
15.04.030 Amendments made in the California Building Code.
15.04.010 ADOPTION BY REFERENCE.
The 2022 California Building Code, California Code of Regulations Title 24, Part 2, Volume 1 of 2 and Part 2, Volume 2 of 2, including the 2019 California Historic Building Code, Title 24, Part 8 and the 2019 California Existing Building Code, Title 24, Part Chapter 10, and all Appendices is adopted by reference the same as though fully set forth in this chapter.
15.04.020 COPIES ON FILE.
One copy of the California Building Code and Appendices as adopted by Pinole Municipal Code
15.04.010, and all amendments thereto, shall be kept on file in the Building Division for inspection by the public.
15.04.030 AMENDMENTS MADE IN THE CALIFORNIA BUILDING CODE.
The California Building Code is amended and changed in the following respects:
A. Section 105.2 (Work Exempt from Permit) of the CBC Chapter 1 subsection 1 is amended to read as follows:
1. One-story detached accessory buildings used as tool and storage sheds, playhouses, and similar uses, provided that the floor area does not exceed 120 square feet (11.15 m2), nor 8 feet in height, and for which written approval has been given by the Planning Division. These structures may still be regulated by Section 710A, despite exemption from permit.
B. Section 105.2 (Work Exempt from Permit) of the CBC Chapter 1, is hereby amended adding subsection 14 to read as follows:
14. Detached decks under 100 square feet and under 30 inches in height, for which written approval has been given by the Planning Division and Building Division.
C. Section 105.3.2 of Chapter 1, Division II is amended to read as follows:
An application for a permit for any proposed work shall be deemed to have been abandoned six (6) months after the date of filing unless such application has been pursued in good faith, or a permit has been issued; except that the building official is authorized to grant one or more extensions of up to six (6) months. The extensions shall be requested in writing and justified cause demonstrated. Whatever the case, a permit application is valid for a maximum one (1) year after which time the application expires, and a new plan 337 of 677
review fee must be paid. The code in effect at the time the newest application is made shall be the code that is enforced.
D. Section 105.5 (Expiration) of Chapter 1 Division II is deleted in its entirety.
E. Chapter 1 Subsection 105.8 is added to the CBC, to read as follows:
105.8 Permit Issuance.
105.8.1 Except as otherwise provided in this Chapter, a permit shall be issued only to person holding a valid, unexpired, or unrevoked California building contractor's license, property owner or authorized agent.
105.8.2 A permit may be issued for work in a single-family dwelling used exclusively for living purposes, including any accessory buildings, if the permittee is the bona fide owner of the structure occupied by or designed to be occupied by the owner, in which case the owner himself fulfills the role of contractor for all work under the permit. 105.8.3 Any permit issued pursuant to this Chapter shall not be transferable to any person, business, or corporation.
F. Section 107.2 .1 (Information on Construction Documents) of CBC Chapter 1 is amended to read:
107.2.1 Construction documents shall include dimensions and shall be drawn to scale on suitable material. Electronic media documents may be submitted when approved in advance by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and to show in detail that it will conform to this code and all relevant laws, ordinances, rules, and regulations. The first sheet of each set of plans shall give the location and street address of the work and the name and address of the owner and of the person who prepared the plans. Plans shall include a plot plan showing all existing property lines labeled and fully dimensioned, the elevation of the top and toe of cuts and fills, and the location of the proposed building with distance to all property lines and of every existing building on the property. Instead of detailed specifications, the city building official may approve references on the plans to a specific section or part of this code or other ordinances or laws.
G. Chapter 1 Division II Subsection 107.6 (Standard plans) is added to read as follows:
107.6.1 - Standard plans. The building official may approve a set of plans for a building or structure as a "standard plan," provided the applicant has made proper application, submitted complete sets of plans, and paid the plan checking fee as required by the City of Pinole. When it is desired to use an approved "standard plan" for an identical structure, three plot plans shall be submitted, and a plan-checking fee equal to one-half of the full plan-checking fee required by the City of Pinole shall be paid at the time application is made for such identical structure. Such duplicate plans shall be compared, stamped, and kept on the job as required by California Building Code Section [A] 107.3.1. In case of any deviation whatsoever from this standard plan, complete plans, together with a full 338 of 677
plan-checking fee, shall be submitted for the proposed work, as required by California Building Code Section [A] 107. Standard plans shall be valid for a period of one year from the date of approval. This period may be extended by the building official when there is evidence that the plan may be used again. The code in effect when the plan review application is submitted, and the plan review fee paid shall be the governing code.
H. Section 110.1 (Inspections - General) is amended by adding the following to the end of the section:
At the time of first inspection by the city building official, a licensed land surveyor or civil engineer may be required to certify in writing that the structure is placed according to the approved set of plans. The written certification must include the site address and permit number. This requirement does not apply to alterations or repairs to existing structures that do not affect the exterior limits of the existing structures.
I. Section 110.6.1 (Approval required) is added to read as follows:
110.6.1 The Building Official of the City of Pinole is authorized to develop a covered/concealed construction policy for any covered or concealed construction, without prior building inspection, to be opened to ensure compliance with the California Building codes. The policy shall encourage utilization of the least invasive deconstruction methods as possible to document construction methods used, such as photographs, invoices, and structural engineer/architectural engineer reports.
I. Chapter 1, Section [A] 114 (Unlawful act). Chapter 1, Division II Section 114.5 Violation a Public Nuisance is added to read as follows:
It is declared that any violation of this code, the CPC, CMC, CEC, or other state building codes constitutes a public nuisance. In addition to any other remedies this code provides for enforcement, the city may bring civil suit to enjoin violation of its provisions.
J. Section 202 of Chapter 2 (Definitions) is deleted in its entirety.
K. Section 202 of Chapter 2 (Definitions) of the CBC is amended to include the following definition:
Fire Hazard: is any building device, appliance, apparatus, equipment, tank, vehicle, combustible material or waste, fence, or vegetation which, in the opinion of the City building official or the Fire Chief, is in such condition as to cause a fire or explosion or to augment the spread and intensity of a fire or explosion arising from any cause.
L. Section 202 of Chapter 2 (Definitions) is amended to add the following definition to the existing definition:
Pool: Any outside body of water created by artificial means, any portion of which exceeds eighteen inches (18") in depth.
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M. Section 501.2 of Chapter 5 (General building heights and areas) is amended to read as follows:
1. Address numbers. Apartment, Condominium and Townhouse Complexes - An illuminated, diagrammatic representation of the complex shall be installed at the primary vehicular and walkway entrance to each complex. This diagram shall be of sufficient size to be easily visible from said vehicular and walkway entrance. a. An apartment, condominium, or townhouse complex shall be defined as a group of three or more separate, non-connecting buildings, all located on common ground where each building contains two or more living units.
b. Each building shall be marked at a location clearly visible from the nearest vehicular access with the street address, building number/letter and numbers of units located in that building.
Example: 2237 Address
Bldg. "B" Building designation
Units 1 - 8 Units in building
Minimum numeral size shall be 6" high with a stroke of 1" and shall contrast with the background.
2. Commercial - Individual units shall be addressed front and back. Minimum numeral size shall be 6" high with a stroke of 1" and shall contrast with the background. Units with entrances on both the front and rear of the building shall have identical addresses at both locations.
3. Industrial - Individual units within a building shall be addressed front and back.
Individual buildings shall be marked at a point clearly visible from the street. Minimum numeral size shall be 12" high with a 3" wide stroke and shall contrast with the background. Units with entrances on both the front and rear of the building shall have identical addresses at both locations.
4. Lighting of building addresses - The building address for all new buildings constructed after the date of this ordinance shall be automatically lighted at night.
N. Subsection 2111.15 (Wood burning stove appliances) is added to Chapter 21 (Masonry) of the California Building Code to read as follows:
Wood burning stove appliances. Any new wood-burning appliance must be one of the following:
1. A pellet-fueled wood device.
2. A U. S. EPA Phase II certified device; or
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3. A low mass fireplace, masonry heater or other wood burning device of a make and model that meets EPA emission targets and has been approved in writing by the air pollution control officer of the Bay Area Air Quality Management District or the designee thereof.
O. Subsection 2304.12.1.6 of the CBC is amended to add the following sentence at the end thereof:
Siding Materials: Wood shingles or shakes shall be Class B or better which comply with ASTM E108 or UL 790, except that in very high fire hazard severity zones, no wood shake or shingle siding shall be permitted regardless of class designation. See Section 1505.1.1 of the California Building Code for roofing standards in very high fire hazard severity zones.
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Chapter 15.06
RESIDENTIAL CODE
Sections:
15.06.010 Adoption by reference.
15.06.020 Copies on file.
15.06.030 Amendments made in the California Residential Code.
15.06.010 ADOPTION BY REFERENCE.
The 2022 California Residential Building Code, California Code of Regulations Title 24, Part
2.5, including all Appendices is adopted by reference the same as though fully set forth in this chapter.
15.06.020 COPIES ON FILE.
One copy of the California Residential Code and Appendices as adopted by Pinole Municipal Code 15.02.010, and all amendments thereto, shall be kept on file in the Building Division for inspection by the public.
15.06.030 AMENDMENTS MADE IN THE CALIFORNIA RESIDENTIAL CODE.
The California Residential Code is amended and changed in the following respects:
A. Section R202 of Chapter 2 (Definitions) is amended to add the existing pool definition to read as follows:
Pool: Any outside body of water created by artificial means, any portion of which exceeds eighteen inches (18") in depth.
B. Subsection R902.1.5 is added to Chapter 9 (Roof Assemblies) of the California Residential Code to read as follows:
All new roof coverings shall be a Class B or better roof covering assembly as defined by CBC 1505.3
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Chapter 15.08
CALIFORNIA GREEN BUILDING STANDARDS CODE
Sections:
15.08.010 Adoption by reference.
15.08.020 Copies on file.
15.08.030 Amendments made in the California Green Building Standards Code.
15.08.010 ADOPTION BY REFERENCE.
The 2022 California Green Building Standards Code, California Code of Regulations Title 24, Part 11 including all Appendices, is adopted by reference the same as though fully set forth in this chapter.
15.08.020 COPIES ON FILE.
One copy of the California Green Building Standards Code and Appendices as adopted by Pinole Municipal Code 15.08.010, and all amendments thereto, shall be kept on file in the Building Division for inspection by the public.
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Chapter 15.10
CALIFORNIA ELECTRICAL CODE
Sections:
15.10.010 Adoption by reference.
15.10.020 Copy on file.
15.10.010 ADOPTION BY REFERENCE.
The 2022 California Electrical Code, California Code of Regulations Title 24, Part 3, including all Appendices is adopted by reference the same as though fully set forth in this chapter.
15.10.020 COPY ON FILE.
One copy of the California Electrical Code and Appendices as adopted by Pinole Municipal Code 15.10.010, and all amendments thereto, shall be kept on file in the Building Division for inspection by the public.
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Chapter 15.12
CALIFORNIA PLUMBING CODE
Sections:
15.12.010 Adoption by reference.
15.12.020 Copy on file.
15.12.030 Amendments made in the California Plumbing Code.
15.12.010 ADOPTION BY REFERENCE.
The 2022 California Plumbing Code, California Code of Regulations, Title 24, Part 5, including all Appendices, is adopted by reference the same as though fully set forth in this chapter.
15.12.020 COPY ON FILE.
One copy of the 2022 California Plumbing Code and Appendices as adopted by Pinole Municipal Code 15.12.010, and all amendments thereto, shall be kept on file in the Building Division for inspection by the public.
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Chapter 15.14
CALIFORNIA MECHANICAL CODE
Sections:
15.14.010 Adoption by reference.
15.14.020 Copies on file.
15.14.010 ADOPTION BY REFERENCE.
The 2022 California Mechanical Code, California Code of Regulations Title 24, Part 4, including all Appendices is adopted by reference the same as though fully set forth in this chapter.
15.14.020 COPIES ON FILE.
One copy of the California Mechanical Code and Appendices as adopted by Pinole Municipal Code 15.14.010, and all amendments thereto, shall be kept on file in the Building Division for inspection by the public.
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Chapter 15.16
CALIFORNIA HOUSING AND PROPERTY MAINTENANCE CODE
Sections:
15.16.010 Housing and Property Maintenance Code - Adoption.
15.16.020 IPMC 102.3 Amended - Application of other codes.
15.16.030 IPMC 304.14 Amended - Insect screens.
15.16.040 IPMC 307.3.1 Amended - Disposal of garbage.
15.16.050 IPMC 602.4 Amended - Occupied workspaces.
15.16.060 House moving.
15.16.070 Compliance with construction requirements.
15.16.010 HOUSING AND PROPERTY MAINTENANCE CODE - ADOPTION.
The Housing and Property Maintenance Code for the City is the California Housing Law Regulations as set forth in Division 13, Part 1.5, commencing with Section 17910, in the Health and Safety Code (as amended) combined with the 2021 International Property Maintenance Code (IPMC) except as amended by the changes, additions and deletions set forth in this Chapter.
15.16.020 IPMC 102.3 AMENDED - APPLICATION OF OTHER CODES.
Section 102.3 of the IPMC is amended to read as follows:
Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the City Municipal Code and the California Building Codes.
15.16.030 IPMC 304.14 AMENDED - INSECT SCREENS.
Section 304.14 of the IPMC is amended as follows:
During the entire year, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.
Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.
15.16.040 IPMC 308.3.1 AMENDED - DISPOSAL OF GARBAGE.
Section 308.3.1 of the IPMC is amended as follows:
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That portion of the sentence reading "an approved incinerator unit in the structure available to the occupants in each dwelling unit" shall be deleted in its entirety.
15.16.050 IPMC 602.4 AMENDED - OCCUPIABLE WORKSPACES.
Section 602.4 of the IPMC is amended as follows:
Indoor occupiable workspaces shall be supplied with heat during the entire year to maintain a temperature of not less than 65°F (18°C) during the period the spaces are occupied.
Exceptions:
1. Processing, storage and operation areas that require cooling or special temperature conditions.
2. Areas in which persons are primarily engaged in vigorous physical activities.
15.16.060 HOUSE MOVING.
A. Any person, firm, or corporation wishing to move any house or structure on any public street or way in the city shall first obtain a permit as provided in this section.
B. House moving, as permitted in this section, is allowed only on the day and hours as stated on the permit and on the routes as approved by the director of public works and the chief of police.
C. The building department may issue a permit for house moving when the person, firm or corporation has applied for such permit and has complied with the following:
1. A special pre-moving inspection of the building has been made and approved.
2. Posted a performance bond in the amount of two thousand dollars ($2,000) payable to the city.
3. Provided a certificate of insurance for public and auto liability of not less than one hundred thousand dollars ($100,000); three hundred thousand dollars ($300,000) bodily injury and twenty-five thousand dollars ($25,000) property damage.
4. Payment of a permit fee of fifty dollars ($50) for each day or part thereof in which the moving operation will take place.
5. Agree to furnish adequate traffic control. Method and number of persons directing traffic must be approved by the chief of police.
6. Agree to pay the cost of any police and fire protection which may be required. A deposit of fifty ($50) dollars is required.
7. Provide a copy of signed agreement with the public utilities as to date, time, and route.
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8. Post a time schedule with the public services department, building department and police department at least twenty-four hours in advance of any actual move.
15.16.070 COMPLIANCE WITH CONSTRUCTION REQUIREMENTS.
Buildings moved into or relocated within the city shall be made to comply with the requirements for new construction in the codes adopted in this Title. 349 of 677
Chapter 15.18
ABATEMENT OF DANGEROUS BUILDINGS
Sections:
15.18.010 Abatement of dangerous buildings - Adoption.
15.18.020 Section 801.3 Amended - Costs.
15.18.030 Section 912 Amended - Cost Recovery.
15.18.010 ABATEMENT OF DANGEROUS BUILDINGS - ADOPTION.
The abatement of dangerous buildings code for the City is the 1997 Uniform Code For The Abatement of Dangerous Buildings as adopted and printed by the International Conference of Building Officials.
15.18.020 SECTION 801.3 AMENDED - COSTS.
Section 801 of the Uniform Code for the Abatement of Dangerous Buildings is hereby amended to read as follows:
801.2 Costs. The cost of such work shall be paid from the General Fund and may be made a special assessment against the property involved or may be made a personal obligation of the property owner.
15.18.030 SECTION 912 AMENDED - COST RECOVERY.
Section 912 of the Uniform Code for the Abatement of Dangerous Buildings is hereby amended to read as follows:
912. All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure sale shall be paid to the Finance Director of the City, who shall credit the same to the General Fund.
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Chapter 15.22
ADMINISTRATIVE CODE
Sections:
15.22.010 California Administrative Code - Adoption.
15.22.020 Copying and imaging fee.
15.22.010 CALIFORNIA ADMINISTRATIVE CODE - ADOPTION.
The California Administrative Code for the City, sometimes referred to as "the CAC," is the California Administrative Code, 2022 Edition as approved by the California Building Standards Commission, and as published in Title 24, Part 1, of the California Code of Regulations.
15.22.020 COPYING AND IMAGING FEE.
Copying and imaging fees shall be set by resolution of the City Council and reflected in the City's Master Fee Schedule.
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Chapter 15.24
VIOLATION - PENALTY
Sections:
15.24.010 Violation - Penalty.
15.24.020 Violation - Penalty for work without permits.
15.24.010 VIOLATION - PENALTY.
Any person violating any of the provisions of Chapters 15.02 through 15.22 of this Title shall be deemed guilty of an infraction and may be deemed guilty of a misdemeanor punishable by a fine or imprisonment, as established in the 2022 CBC, section 114 and 2021 IPMC section 109.
15.24.020 VIOLATION - PENALTY FOR WORK WITHOUT PERMITS. [A]114.4Violation penalties. (2022 CBC Section 114)
Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. [A] 109.3 Prosecution of violation. (2021 IPMC)
Any person failing to comply with a notice of violation or order served in accordance with Section 111.4 shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
This section classifies a violation as a “strict liability offense,” which is defined in Section 202; thus, it is not required to prove that the person intended to violate the code or was negligent in doing so. All that is required for conviction is that the notice of violation for correction was properly served and that the person failed to comply. This aids jurisdictions in prosecuting code violators.
The code official must pursue, with legal counsel of the jurisdiction, legal means to correct the violation.
Any extensions of time for the violations to be voluntarily corrected must be for a reasonable, bona fide cause or the code official may be subject to criticism for “arbitrary and capricious” actions. In general, it is better to have a standard time limitation for correction of violations.
Departures from this standard must be for a clear and reasonable purpose, usually stated in 352 of 677
writing by the violator. The code provides a mechanism for the municipality to recover costs expended on a property through placing a lien on the property. For example, if an unimproved lot had to be mown throughout the summer growing season, the cost of the mowing could be recovered through a lien on the property.
[A] 109.4 Violation penalties. (2021 IPMC)
Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws.
Each day that a violation continues after due notice has been served shall be deemed a separate offense.
An adopting jurisdiction is permitted to assess penalties for violations of the code. The penalties include monetary fines, as well as possible imprisonment. The severity of the fine or penalty is left for the jurisdiction to establish. The local jurisdiction, through its council and attorney or other administrative authority, will normally designate the range for the dollar amount of fines; however, the judge will determine the actual fine. This encourages support and agreement from all parties when enforcement action is taken. Fines should be large enough to discourage noncompliance with the code, but not so large as to be inappropriate for the violation being charged.
Each day a violation continues unabated after proper notice has been served is to be deemed a separate offense and may be charged as such. In general, it is better to cite violations daily. This action may expedite a court hearing or cause the owner to correct the violations rather than risk exorbitant fines or imprisonment. Whether to cite violations daily is a policy decision and should be made in cooperation with the attorney who will prosecute the cases.
Any person who commences work without the necessary permits shall be subject to the following penalties:
A. Penalties within a twelve (12) month period:
1. First Offense: an investigation fee equal to the permit fee.
2. Second Offense: an investigation fee equal to two times the permit fee and a fivehundred-dollar ($500.00) penalty fee.
3. Third Offense: an investigation fee equal to three times the permit fee and a onethousand-dollar ($1,000.00) penalty fee.
4. Four or More Offenses: Four or more offenses shall result in referral of the matter to the City Attorney for prosecution.
B. The foregoing penalties, applicable to first, second, third, and fourth offenses for those commencing work without all necessary permits, supersede any conflicting provisions of this code governing the penalties for violation of any provision thereof. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable 353 of 677
time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense.
C. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
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CITY COUNCIL
REPORT
DATE: NOVEMBER 15, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: LILLY WHALEN, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: REVIEW AND FEEDBACK ON DRAFT 2023-2031 HOUSING ELEMENT
AND AUTHORIZE SUBMITTAL TO STATE
RECOMMENDATION
Staff recommends that the City Council provide feedback on the draft Housing Element for 2023-2031 and authorize submittal of the draft to the State Department of Housing and Community Development (HCD) for an initial 90-day review.
BACKGROUND AND OVERVIEW
The Housing Element is one of eight mandatory elements of a General Plan and is required by California State Law to be updated every eight years. The City last updated its Housing Element in 2015. The City’s Housing Element was certified by the State Department of Housing and Community Development (HCD) as being in compliance with State law.
The City of Pinole, in coordination with consultants Michael Baker International (MBI), have been preparing an update to the City’s Housing Element as required by State law.
The updated Housing Element must address what land use planning steps the City will take such that it will be possible for the City to meet its Regional Housing Needs Allocation (RHNA) share of units assigned by HCD and Association of Bay Area Governments (ABAG).
The following provides a brief overview of the process followed to update the Housing Element to date:
• On March 22, 20221 the City Council received an introduction to the Land Use Planning for Pinole process, which includes an update to the Housing Element as well as the existing Health and Safety Element and a new Environmental Justice Element.
1 https://cdn5-
hosted.civiclive.com/UserFiles/Servers/Server_10946972/File/City%20Government/City%20Clerk/Agenda s/2022/03-22-
2022%20Sp%20Mtg/03.22.2022%20FINAL%20HYBRID%20SPECIAL%20AGENDA%20PACKET.pdf 11A
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• A multilingual (English, Tagalog, Cantonese, and Spanish) online community survey was released and heavily promoted through email list notification, project website, flyers, postcards, social media posts, banners, stakeholder interviews, and community workshops. 149 community members took the survey. • On May 11, 2022, the first community workshop was held2. • On June 9, 2022, the second community workshop was held3. • On June 30, 2022, a focus group interview was held with Friends of the Pinole Creek Watershed, Pinole Valley Community Church and a property management company.
• On July 13, 20224, the City Council and Planning Commission held a special joint meeting to receive a comprehensive status update of the project. • On July 25 and 26, 2022, stakeholder interviews with the Pinole Rotary Clube and the Contra Costa Association of Realtors were held to gather input regarding issues the community faces and recommendations to alleviate the identified housing issues.
• On October 17, 2022, the first draft of the Housing Element was released for public review and comment (see Attachment A). A copy of the draft can be found through the City’s webpage5, which links to the dedicated General Plan Update page6, and a public review hardcopy is available at City Hall. The draft is also accessible at:
landuseplanningforpinole.com/assets/Pinole_HousingElement_PublicReviewDraf t%20(2).pdf
• On October 24, 2022, the Planning Commission reviewed the draft Housing Element, with a focus on the programs and policies in addition to the opportunity sites, and provided feedback and recommendations to the City Council, which are discussed further in this report.
Staff is seeking feedback from City Council on the draft Housing Element, particularly on policies/programs and the opportunity sites inventory.
Feedback from the City Council will be evaluated by the City’s consultant and the draft Housing Element will be updated as appropriate. The City will then submit the updated draft Housing Element to HCD, which is a standard part of the Housing Element update process. HCD is allowed a maximum 90-day review period to provide comments. As discussed later in this report, Staff plans on bringing the draft Housing Element to the City Council for adoption in late January in order to meet the statutory deadline of January 31, 2023. A subsequent amendment to the Housing Element may be necessary based on feedback from HCD.
2 Recording of meeting is on the project website: https://www.landuseplanningforpinole.com/ 3 Ibid 4 https://cdn5-
hosted.civiclive.com/UserFiles/Servers/Server_10946972/File/City%20Government/City%20Clerk/Agenda s/2022/07132022%20Sp%20Mtg/FINAL%202022-07-
13%20Hybrid%20Special%20Agenda%20Packet.pdf 5 https://www.ci.pinole.ca.us/city_government/planning/general_plan_updates 6 http://landuseplanningforpinole.com/
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REVIEW & ANALYSIS
Housing Element
As a component of the City of Pinole’s General Plan, the Housing Element contains a comprehensive set of housing policies and actions intended to provide a sufficient number of housing units for people of all income levels. The current Housing Element update effort presents the strategic plan for accommodating the RHNA and meeting the needs of the Pinole community at all income levels for the current planning period of eight years, from 2023 through 2031. This period of time is referred to as the “6th Cycle.” The update builds on an assessment of the housing needs and evaluates housing programs, available land, and constraints on housing production during the 5th Cycle Housing Element (period which covered 2015-2022). Significant revisions have been made to the Housing Needs Assessment, which contains updated statistics and analyses based on data from the 2020 US Census and the American Community Survey as well as other agencies and organizations. A revised sites inventory has been prepared to meet the RHNA. New additions for the 6th Cycle include analysis pertaining to compliance with AB 686, which requires the City to take meaningful steps to promote and affirmatively furthering fair housing.
The consultant team and City staff have prepared the draft Housing Element which was released for 30-day public review on October 17, 2022. The draft Housing Element, as well as the updates to the Health & Safety Element and a new Environmental Justice Element7, is available on the City’s website dedicated to the Housing Element update. To solicit feedback on the draft, a notification email was sent to parties on the City’s contact and stakeholder list, and announcements have been made on the City’s social media accounts. The Planning Commission also reviewed the draft at a public meeting on October 24, 2022. The discussion on the November 15, 2022 City Council agenda is to provide an update to the City Council regarding the status of the Housing Element and the contents of the draft, particularly on the topics of housing resources and programs (see Attachment B for PowerPoint slides).
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 and environmental justice issues in Pinole. Translation of the community survey, community workshops and outreach materials was provided in Spanish, Tagalog, and Cantonese. To spread the word of the project, the City posted banners around the community, mailed postcards to residents, and placed notices and announcements on Pinole Community Television and social media accounts. These outreach materials contained QR codes to the project website and community surveys. The project website hosts information about the project, the schedule, survey, and recordings of past engagement activities. Interested parties may contact the consultant team for additional 7 www.LandUsePlanningForPinole.com
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information or to request placement on the project notification list by emailing [email protected].
The public participation program to date has 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 • One Planning Commission workshop on the public review draft 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 of drought, fire, and earthquakes. Many of the programs and policies being considered for the Housing Element reflect these topics. The full summary of community engagement activities and outcomes of outreach and survey results are included as Appendix C of the 2023-2031 draft Housing Element.
RHNA
The 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 the 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, HCD assigns each region an allocation of future housing units in a variety of income levels 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 Bay Area region. 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.
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 Element, or at a different income than projected, the City must have adequate sites 358 of 677
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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. Table 1 identifies the City of Pinole’s RHNA and Buffer units for the 2023-2031 planning period.
Table 1: City of Pinole 2023-2031 RHNA Allocation
Income Group Pinole Number of Units
RHNA Buffer
Very Low (<50% Area Median Income, “AMI”) 121 24
Low (50-80% AMI) 69 14
Moderate (>80-120% AMI) 87 17
Above Moderate (>120% AMI) 223 45
Total 500 600
The various income categories are based on the County’s Area Median Income (AMI), which is adjusted annually. To provide some context, Table 2 shows the income categories for Contra Costa County in 2021, and the maximum household income for a family of four in each income category along with the associated maximum monthly rent.
Table 2: 2021 Income Categories for a Household of Four Household
of Four
Very-Low
Income (up to
50% AMI)
Low Income (up
to 80% AMI)
Moderate
Income (up to
120% AMI)
Above Moderate
Income (over
120% AMI)
Maximum
Gross
Income
Up to $68,500 Up to $109,600 Up to $150,700 Over $150,700 Maximum
Monthly
Rent
$1,713 $2,740 $3,768 >$3,768
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 necessitating a rezoning process. 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.
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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 82% of the RHNA for the next 8-year period, as shown in Table 3. The entitled and pending projects meet the entirety of the low and above moderate-income categories.
Table 3: Entitled and Pending Projects8
Entitled and
Pending Projects
Very Low Low Moderate Above
Moderate
Total
Single Family
Homes, ADUs,
triplex, and lot
subdivisions
- - 1 16 17
Appian Village - 8 23 123 154
SAHA Affordable
Veteran’s Housing
27 6 - 33
BCRE Mixed-Use
Office and
Residential
2 2 - 25 29
Vista Woods
Affordable Senior
Housing
7 135 37 - 179
Pinole Vista 13 14 196 223
Total 49 165 61 360 635
Table 4, Housing Capacity, shows that the capacity of the sites inventory in the draft Housing Element can meet and exceed the RHNA and the 20% buffer based on the existing zoning and General Plan land use designations. The table now includes the recently approved Pinole Vista project in the pending projects. It also includes revisions to the inventory made in response to the approval. As a result, the City is including additional buffer to meet the very low- and moderate-income categories. Rezoning to meet the RHNA for this eight-year period is not necessary.
Table 4: Housing Capacity
Category Very Low Low Moderate Above
Moderate
Total
RHNA
Requirement
121 69 87 223 500
8 The recently approved Pinole Vista Point project was not included in the Public Review Draft of the Housing Element, but will be included in a revision to the draft, including it in the list of entitled projects for which the City can take credit toward the RHNA.
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Category Very Low Low Moderate Above
Moderate
Total
Total
Requirements
(RHNA + 20%
Buffer)
145 83 104 268 600
Pending Projects 49 165 62 359 635
ADUs 7 7 7 3 24
Vacant Site
Capacity
61 - 25 - 86
Non-Vacant Site
Capacity
41 - 19 - 60
Total 158 172 113 139 805
Surplus/(Deficit) of
RHNA Plus 20%
buffer
13 89 9 94 205
Housing Plan
This section of the Housing Element outlines the City of Pinole’s goals, policies, and implementation programs for the preservation, conservation, improvement, and production of housing for the 2023 – 2031 planning period. The goals, policies, programs, and quantified objectives are designed to help ensure housing opportunities for all existing and future residents of the community. As appropriate, programs also include a geographic targeting.
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 the 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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During the meeting on November 15, 2022, the consultant team will lead the City Council 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 share with the Council the outcome of prior feedback and public comment on the creation of the draft programs, and to solicit any feedback. Highlighted programs are as follows:
Program 4: Facilitate ADU Production
To encourage and increase ADU production in the City, a number of new efforts are included. The programs are intended to help the City meet its target projection of three ADUs per year. This program works in conjunction with Program 22, ADU, JADU, and SB 9 Education. If annual production and affordability rates do not match the estimates included in the Housing Resources Section, the City will update the ADU strategy to ensure that the City continues to maintain adequate capacity for all income levels. In the event of an ADU shortfall that results in a net loss of units below the RHNA, the City will adopt another ADU program within six months to facilitate additional ADU production. The program includes the following pieces:
• Updated ADU Ordinance
• ADU Tracking
• ADU Fast Track
• ADU Amnesty Program
• Fee Waivers for Affordable ADUs
Program 8: Housing for Extremely Low Income Households and Persons with Disabilities To support the production of housing for extremely low income (less than 30% AMI) households and persons with disabilities, the City will develop a Housing Asset Fund Policy that prioritizes affordable housing developments for extremely-low income households and households with persons with disabilities, develop a fee waiver program that would provide low or no-cost building permits to age-qualified, ELI households and disabled households to make improvements to their home for universal design, reduce parking standards for ELI household developments and partner with housing service providers within Contra Costa County to determine the best way to facilitate development of housing for extremely low-income households and persons with disabilities.
Program 9: Senior Housing Incentives
The needs analysis identified a special need for the development of housing for seniors in Pinole. In response to this need, the City will develop a set of incentives to encourage the development of housing for seniors. Specific incentives include:
• Reducing parking requirements for senior housing development. • Permit fee waivers for elderly residents for adaptation and modifications of households to accommodate universal design and aging in place (per Program 8). 362 of 677
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• Enhanced rebate incentives for homeowners to make it financially feasible to undertake energy efficient and weatherization projects (per Program 18). • Promote home match shared housing programs (per Program 10), such as Front Porch’s Home Match, for homeowners to turn an available room into an opportunity to earn income, save money, age-in place, provide affordable housing and create new social connections.
• Participation in regional programs to provide assistance to seniors.
Program 11: Zoning Amendments
The City is including a number of zoning amendments as identified in the constraints section to ensure compliance with State law and remove constraints to development.
Amendments to the zoning ordinance are as follows:
• Amend the Emergency Shelter ordinance to comply with AB 139 • Amend zoning ordinance to allow for Low Barrier Navigation Centers by right in mixed-use and nonresidential zones that allow multi-family uses • Update zoning ordinance to permit manufactured homes on permanent foundations in RMU
• Amend zoning ordinance to comply with SB 9 standards
• Update zoning ordinance to comply with State density bonus law Program 19: Fair Housing Resources and Services
To promote fair housing resources and services, the City will:
• Advertise services and collaborate with the County’s fair housing provider • Provide education resources to tenants, landlords, and homeowners • Make fair housing resources available online, at the public information counter, at the library, and Senior Center
• Refer fair housing complaints to a qualified fair housing provider • Provide translation services as needed at City events and at the front counter Program 21: Housing Resource and Education
The City will promote and advertise available housing resources to residents through a variety of mediums. The City will continue to promote homebuyer assistance programs available through the County and State, such as the Mortgage Credit Certificate (MCC) program and California Housing Finance Agency’s down payment assistance programs.
Specific actions will include:
• Information regarding housing resources on City website • Pamphlets at City Hall and other community locations such as the Senior Center and Library
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• Information through articles in local newspaper and with cable TV public service announcement
• Advertising housing resources through social media
• Presence at a booth in community events at least once a year • Provision of materials in multiple languages, in coordination with Program 19 Other Updates to the General Plan
City staff and the consultant team are also preparing other updates to the General Plan, specifically an update to the Safety Element (formerly Health and Safety Element) and a new Health and Environmental Justice Element. These Elements are still in draft production and have not yet been released for public review. This section provides a status update of those efforts.
Safety Element Update
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 man-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). Man-Made Hazards refer to hazardous materials (use, storage, transport), utility-related incidents (power failure, natural gas leaks, drought/water shortages), and crime, terrorism, and active shooters.
Pinole currently has an adopted Health and Safety Element which also includes a Noise Element. Since many of the topics of discussion and goals and policies of the Health Element overlaps with the Environmental Justice Element, the Health Element has been integrated with the Environmental Justice Element. The Safety Element is now a standalone Element which will include the existing (unmodified) Noise Element. The Safety Element has been revised to update information and incorporate new topics of discussion including climate resiliency, evacuation, drought, dam inundation, impact of tsunami, emergency preparedness, etc. The Goals and Policies are also updated accordingly. The Safety Element also establishes nexus to the existing Sustainability Element (Climate Resiliency), Community and Public Services Element (Police and Fire), Emergency Operations Plan, the Pinole Creek Watershed Vision Plan, and other existing planning documents.
In addition to updating the Safety Element, a Vulnerability Assessment study was also conducted. California Senate Bill (SB) 379 requires local jurisdictions to incorporate climate change and resilience strategies into General Plan Safety Elements. Because the City is updating the existing Safety Element and has not adopted a Local Hazard Mitigation Plan (LHMP), the City is required to address climate change and resilience strategies through the following process:
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1. Prepare a vulnerability assessment that identifies risks climate change poses to the local jurisdiction and the geographic areas at risk from climate change.
2. Prepare a set of adaptation and resilience goals, policies, and objectives based on the findings in the vulnerability assessment.
3. Prepare a set of feasible implementation measures designed to carry out the goals, policies and objectives identified.
An Evacuation Routes study has also been prepared to comply with the Assembly Bill 747. Per AB 747, the City’s Safety Element needs to address evacuation planning for any emergency scenarios that would warrant an evacuation of populations within the affected areas. The evacuation planning is a component of the LHMP. Because the City is updating the existing Safety Element and has not adopted a LHMP, the City is required to address the capacity, safety, and viability of the evacuation routes under a range of emergency scenarios applicable to the local jurisdiction. It was determined that the City will evaluate two scenarios:
1. Wildfire- Potential fire hazard approaching from the southeast burning towards the City limits
2. Dam Inundation- Potential failure at the Maloney Reservoir Staff anticipates that the Safety Element will be published for public review in February 2023, and scheduled for City Council adoption in May 2023.
Health and 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.” Using the May 2022 California Environmental Protection Agency (CalEPA) definition to identify Impacted Communities, census tracts in Pinole were evaluated against categories identified by CalEPA. Findings are reported below in Table 5.
Table 5: Disadvantaged Community Designation Criteria Applicability to Pinole DAC Designation Criteria Applicability
to Pinole
Notes
1. Census tracts receiving
the highest 25 percent of
overall scores in
CalEnviroScreen 4.0.
Applicable One census tract in Pinole has a
CalEnviroScreen score of 75 or higher:
Census Tract 3922.02;
CalEnviroScreen Composite Score 85
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2. Census tracts lacking
overall scores in
CalEnviroScreen 4.0 due
to data gaps but receiving
the highest 5 percent of
CalEnviroScreen 4.0
cumulative pollution burden
scores.
Not
applicable
Census tracts in Pinole are not
reported by CalEnviroScreen with data
gaps.
3. Census tracts identified
in the SB 535 2017 DAC
designation as
disadvantaged, regardless
of their scores in
CalEnviroScreen 4.0.
Applicable Two census tracts in Pinole were
identified as SB 535 Disadvantaged
Communities:
Census Tract 3922.02; and
Census Tract 3640.02.
As recommended by the California Office of Planning and Research (OPR) guidance, CalEnviroScreen 4.0 data is utilized to investigate unique pollution burdens or socioeconomic factors affecting Census Tract 3922.02 and Census Tract 3640.02. One census tract within the City of Pinole meets Criteria 2 and 3 (Census Tract 3922.02) and one census tract within the City meets Criteria 3 (Census Tract 3640.02). See Figure 1 for a map of impacted communities in Pinole.
Figure 1: Map of City of Pinole Impacted Communities
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The Health and Environmental Justice Element will include an existing conditions section, evaluating the CalEnviroScreen data, other relevant data sources, including the Healthy Places Index, USDA Food Access Research Atlas, WalkScore, and historical discriminatory land use decisions. Based on the findings, goals, policies and actions will address equity on the following topical areas:
1. Equity in Access (access to healthy food, public facilities, public transit, key employment centers, government services and quality schools/childcare)
2. Equity in Environment (access to healthy air and water quality, pollution reduction, health risks associated with climate vulnerability, health risks to sensitive receptors)
3. Equity in Civic Engagement (access and availability to information and resources, opportunities to participate, access to ballot box/polling place)
4. 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 are being evaluated and adapted into the Environmental Justice Element, where appropriate. This will reduce redundancy within the City General Plan and ensure a comprehensive Health and Environmental Justice Element.
The Health and Environmental Justice Element is under internal staff review as of November 1, 2022. Staff anticipates that the Health and Environmental Justice Element will be published for public review in published for public review in February 2023, and scheduled for City Council adoption in May 2023.
Planning Commission Recommendation
The Planning Commission held a workshop on the public review draft of the Housing Element on October 24, 2022. The commissioners had reviewed the draft Housing Element in great detail. The meeting included a page-by-page discussion of specific questions and recommendations by each of the commissioners organized by the proposed housing plan programs, RHNA opportunity sites, and general comments.
Overall, the commissioners were very complimentary of the draft Housing Element document for the quality of its content and the ease of use and readability, as well as the online community survey. The workshop concluded with a recommendation of the Planning Commission to advance the project by submitting a revised draft to HCD for its review and comment. Specific recommendations from the Planning Commission are included in Table 5 below, along with staff recommendations on how to address the comment:
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Table 5: 10/24/22 Planning Commission Recommendations and Opportunities for Enhancement of Draft Housing Element
Planning Commission
Recommendations
Housing Element Update Response /
Opportunities for Enhancement
Adjust the sites inventory to include the
recently approved redevelopment of the
Kmart site for 223 units (including 27 lowerincome units) • Update sites maps, inventory, and
sites chapter to reflect addition of
Kmart site
Allow and encourage single and small unit
room rentals
• ADUs and JADUs promotion
programs
• Tenant - Owner Matching Program
• Implement recently adopted state
laws (AB 352 Efficiency Units)
• SROs allowed in five zones
Promote and incentivize affordable housing
on religious facility sites
• Implement recently adopted state
laws (AB 1851, AB 2244 - parking)
Consider:
• Allowing multifamily housing on
religious institution sites (where not
currently allowed)
Promote and incentivize affordable housing
for teachers
Consider:
• Adding teachers to funding priority
policy with ELI and Disabled (P-8)
• Adding teachers to the Owner -
Tenant Matching program for seniors
(P-10)
• Adding allowing employee, faculty
housing on school sites
Consider more protections for renters to
prevent and minimize displacement
Consider:
• Adding 1st right of refusal/option to
purchase
• Advance notification, relocation
assistance
• Just cause eviction ordinance
Encourage additional efforts to obtain more
input from Pinole’s diverse population
• Pinole recently adopted its new
Communication & Engagement Plan
• Consider: Specifically include CBOs
with all HEU program education and
engagement efforts, goals for
increased participation among
diverse communities, monitoring &
adjustment
Staff requests City Council direction and guidance on incorporation of any of the opportunities for enhancement of the draft Housing Element that will be sent to the State. 368 of 677
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Builder’s Remedy
The Housing Accountability Act, Government Code section 65589.5, limits the land use authority of local agencies that do not timely adopt a compliant housing element.
Specifically, if the City does not have a compliant housing element, the City may not deny a residential or qualifying mixed-use project with at least 20% of the units reserved for low-income households, or 100% of the units reserved for moderate income households, on the basis of that project being inconsistent with the City’s Zoning Code and General Plan Land use designation. This is commonly known as the “Builder’s Remedy”.
The deadline for the City to adopt a compliant Housing Element is January 31, 2023.
During previously Housing Element cycles, there was an 180 day grace period during which Housing Element were not considered non-compliant. However, there is no similar grace period during the 6th cycle. Although the Builder’s Remedy has been part of state law for many years, it has not been invoked until this 6th Housing Element cycle.
Accordingly, there are many unknowns about the scope of the Builder’s Remedy and how it would apply. Staff plans on bringing the draft Housing Element to the City Council for adoption in late January in order to meet the statutory deadline. A subsequent amendment to the Housing Element may be necessary based on feedback from HCD.
Environmental Review
Pursuant to the California Environmental Quality Act, the City of Pinole will be conducting an environmental review of the proposed draft Housing Element and intends to adopt an addendum to the Initial Study/Mitigated Negative Declaration (IS/MND) prepared for the City’s 5th Cycle Housing Element. The 6th Cycle Housing Element does not change the environmental conclusions of the previously adopted IS/MND, nor does the draft Housing Element result in new impacts/mitigation measures.
FISCAL IMPACT
There is no fiscal impact associated with the recommended actions in this report.
ATTACHMENT
A- Draft Housing Element, released for public review October 17, 2022 B- PowerPoint Slides for November 15, 2022 Presentation to City Council 369 of 677
CITY OF PINOLE
housing ELEMENT
2023-2031
Public Review Draft
October 14, 2022
ATTACHMENT A
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Table of Contents
INTRODUCTION....................................................................................................................... 1 Purpose and Content................................................................................................................. 1 Data Sources .......................................................................................................................................1 Relationship to Other Elements and Plans .............................................................................. 1 Public Participation.................................................................................................................... 2 Summary of Comments Received.....................................................................................................3 REVIEW OF PAST ACCOMPLISHMENTS.................................................................................. 5 Housing Production................................................................................................................... 5 No Net Loss and Adequate Sites .......................................................................................................6 Effectiveness at Assisting Special Needs Populations ............................................................ 6 Seniors and Residents with Disabilities............................................................................................6 Persons Experiencing Homelessness ................................................................................................6 Accessibility Improvements ...............................................................................................................7 Evaluation of Previous Housing Element Programs ............................................................... 7 HOUSING NEEDS ASSESSMENT ............................................................................................ 20 Projected Housing Needs........................................................................................................ 21 Existing Housing Needs........................................................................................................... 21 Population Growth Trends ..............................................................................................................21 Age Composition...............................................................................................................................22 Race and Ethnicity ............................................................................................................................24 Employment Trends ................................................................................................................ 26 Household Characteristics ...................................................................................................... 29 Housing Stock Characteristics................................................................................................. 35 Preservation of Units at Risk of Conversion .......................................................................... 46 Qualified Entities...............................................................................................................................47 Inventory of At-Risk Units.................................................................................................................47 Replacement Costs ...........................................................................................................................49 Federal Programs .............................................................................................................................50 State Programs .................................................................................................................................50 Monitoring of Affordable Units .......................................................................................................51 Quantified Objectives .......................................................................................................................51 Special Housing Needs ............................................................................................................ 51 Farmworkers .....................................................................................................................................53 Large Households .............................................................................................................................54 Female-Headed Households............................................................................................................55 371 of 677
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Homelessness....................................................................................................................................57 Persons with Disabilities ..................................................................................................................63 Elderly Persons..................................................................................................................................66 Extremely Low-Income Households................................................................................................69 Summary of Housing Needs ................................................................................................... 71 CONSTRAINTS ON HOUSING................................................................................................ 74 Governmental Constraints...................................................................................................... 74 Land Use Controls.................................................................................................................... 74 General Plan......................................................................................................................................75 Three Corridors Specific Plan..........................................................................................................78 Development Standards ..................................................................................................................78 Inclusionary Housing Requirements ..............................................................................................82 Density Bonus....................................................................................................................................84 Providing for a Variety of Housing Types............................................................................... 84 Accessory Dwelling Units..................................................................................................................87 Emergency Shelters...........................................................................................................................88 Low Barrier Navigation Centers......................................................................................................89 Manufactured Homes ......................................................................................................................89 Supportive and Transitional Housing ............................................................................................90 Single-Room Occupancy Units ........................................................................................................90 Development Review and Permitting Procedures ................................................................ 90 Permit Processing Procedure ..........................................................................................................90 Permit Processing Time....................................................................................................................92 Planning, Building, and Development Impact Fees............................................................... 93 School Fees ........................................................................................................................................95 County Transportation Impact Fee.................................................................................................95 SB 35 Approval Procedure ...................................................................................................... 96 Housing for Persons with Disabilities..................................................................................... 96 Reasonable Accommodation Procedures......................................................................................97 Definition of a Family .......................................................................................................................97 California Building Code.......................................................................................................... 98 Code Enforcement................................................................................................................... 98 On- and Off-Site Improvements ............................................................................................. 98 Nongovernmental Constraints ............................................................................................... 99 Requests to Develop Below the Anticipated Density.....................................................................99 Land Costs .........................................................................................................................................99 Construction Costs......................................................................................................................... 100 Financing Availability .................................................................................................................... 100 Federal and State Programs......................................................................................................... 101 372 of 677
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Environmental and Infrastructure Constraints ......................................................................... 101 AFFIRMATIVELY FURTHERING FAIR HOUSING ................................................................. 106 Introduction............................................................................................................................ 106 Outreach................................................................................................................................. 106 Outreach Activities......................................................................................................................... 106 Organizations Contacted and Consulted.................................................................................... 107 Housing Element Update – City Website..................................................................................... 109 Stakeholder Interviews.................................................................................................................. 109 Housing Element Survey ............................................................................................................... 110 Public Workshops .......................................................................................................................... 110 Assessment of Fair Housing Issues ...................................................................................... 110 City Overview.................................................................................................................................. 110 Fair Housing Enforcement and Outreach Capacity................................................................... 112 Integration and Segregation ................................................................................................. 112 Race and Ethnicity ......................................................................................................................... 112 Dissimilarity Index – Race and Ethnicity ..................................................................................... 115 Income ............................................................................................................................................ 116 Familial Status................................................................................................................................ 120 Persons with Disabilities ............................................................................................................... 123 Findings from Integration and Segregation ............................................................................... 125 Racially and Ethnically Concentrated Areas of Poverty and Affluence.............................. 125 Racially and Ethnically Concentrated Area of Poverty.............................................................. 125 Racially Concentrated Area of Affluence..................................................................................... 126 Disparities in Access to Opportunities ................................................................................. 127 California Tax Credit Allocation Committee (TCAC)................................................................... 127 Transportation............................................................................................................................... 133 CalEnviroScreen ............................................................................................................................. 134 Findings........................................................................................................................................... 136 Disproportionate Housing Needs......................................................................................... 137 Substandard Housing ................................................................................................................... 137 Overcrowding................................................................................................................................. 140 Homelessness................................................................................................................................. 142 Displacement.................................................................................................................................. 143 Findings........................................................................................................................................... 144 Other Contributing Factors ................................................................................................... 145 Historical Land Use and Investment Patterns............................................................................ 145 High Cost of Development ............................................................................................................ 145 Fair Housing Issues, Contributing Factors, and Meaningful Action......................................... 145 373 of 677
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SITES AND RESOURCES ....................................................................................................... 159 Land Inventory ....................................................................................................................... 159 Housing Allocation......................................................................................................................... 159 Realistic Capacity........................................................................................................................... 160 Assumed Affordability ................................................................................................................... 162 Environmental and Infrastructure Constraints ......................................................................... 163 Entitled and Pending Projects ...................................................................................................... 166 Accessory Dwelling Units............................................................................................................... 166 Ability to Meet the RHNA....................................................................................................... 167 Lower Income Capacity................................................................................................................. 168 Site Details .............................................................................................................................. 169 Vacant Sites .................................................................................................................................... 169 Non-Vacant Sites............................................................................................................................ 170 Financial Resources ............................................................................................................... 174 Administrative Resources.............................................................................................................. 174 Countywide Programs................................................................................................................... 175 Statewide Resources...................................................................................................................... 178 Department of Housing and Urban Development Grants........................................................ 181 HOUSING GOALS, POLICIES, AND PROGRAMS................................................................. 182 Housing Goals and Policies ................................................................................................... 182 Housing Production and Adequate Sites to Meet Regional Housing Needs........................... 182 Housing to Meet the Needs of All Income Levels and Special Needs Groups......................... 182 Removal of Governmental Constraints....................................................................................... 183 Conserve, Preserve, and Improve the Housing Stock ................................................................ 183 Affirmatively Further Fair Housing .............................................................................................. 183 Housing Education and Community Outreach.......................................................................... 184 Quantified Objectives ............................................................................................................ 184 Housing Programs ................................................................................................................. 185 Adequate Sites and Housing Production to Meet Regional Housing Needs........................... 185 Housing to Meet the Needs of All Income Levels and Special Needs Groups......................... 190 Removal of Governmental Constraints....................................................................................... 194 Conserve, Preserve, and Improve the Housing Stock ................................................................ 197 Affirmatively Further Fair Housing .............................................................................................. 199 Housing Education and Community Outreach.......................................................................... 202 APPENDIX A: SITES INVENTORY MAP................................................................................ 204 APPENDIX B: SITES INVENTORY LIST................................................................................. 206 APPENDIX C: PUBLIC PARTICIPATION............................................................................... 210 374 of 677
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LIST OF TABLES
Table 1: 5th Cycle Housing Production ......................................................................................... 6 Table 2: Review of 5th Cycle Programs ......................................................................................... 8 Table 3: Pinole RHNA, 2023–2031 .............................................................................................. 21 Table 4: Regional Population Change, 2010–2020.................................................................... 22 Table 5: Annual Average Population Growth, 2000–2020........................................................ 22 Table 6: Population Age Distribution, Pinole............................................................................. 23 Table 7: Racial and Ethnic Composition, Pinole ........................................................................ 25 Table 8: Employment Trends, Pinole ......................................................................................... 27 Table 9: Number of Households, 2000–2020............................................................................ 30 Table 10: Regional Average Household Size ............................................................................. 30 Table 11: Household Size, Pinole, 2010–2020........................................................................... 32 Table 12: Family Household Characteristics, 2010–2020......................................................... 32 Table 13: Household Size by Tenure, Pinole, 2020 ................................................................... 33 Table 14: Median Household Income by Tenure...................................................................... 33 Table 15: Income Range by Affordability Level Based on State Area Median Income, 2021 34 Table 16: Household Income Level by Tenure, 2018................................................................ 35 Table 17: Housing Units, 2000–2020.......................................................................................... 36 Table 18: Unit Size by Tenure, Pinole, 2020............................................................................... 36 Table 19: Housing Inventory by Unit Type................................................................................. 37 Table 20: Housing Building Type by Tenure, Pinole, 2020 ....................................................... 38 Table 21: Year Housing Built....................................................................................................... 39 Table 22: Housing Tenure by Date of Occupancy..................................................................... 39 Table 23: Zillow Home Value Index, Neighboring Jurisdictions ............................................... 41 Table 24: Median Monthly Rent, 2010–2020............................................................................. 42 Table 25: Affordable and Fair Market Rent for Low-Income Households .............................. 43 Table 26: Occupancy Rates ......................................................................................................... 43 Table 27: Gross Rent as a Percentage of Household Income, 2020........................................ 44 Table 28: Overpayment by Income Level and Tenure, 2018.................................................... 45 Table 29: Overcrowding by Tenure............................................................................................ 46 Table 30: Units at Risk of Conversion or Converted During the 5th Cycle, Pinole .................. 48 Table 31: Westmont of Pinole Rent-Restricted Unit Reduction Schedule............................... 49 Table 32: Replacement Cost ....................................................................................................... 50 Table 33: Overview of Special Needs Groups, Pinole ............................................................... 52 Table 34: Inventory of Services for Special Needs Populations............................................... 52 Table 35: Number of Farmworkers and Farms, Contra Costa County, 2017.......................... 53 Table 36: Large Households by Tenure, 2020........................................................................... 54 Table 37: Large Households by Housing Problems and Tenure, Pinole, 2018....................... 55 Table 38: Female-Headed Households by Tenure in Pinole, 2020.......................................... 56 Table 39: Female-Headed Households by Poverty Status in Pinole, 2020 ............................ 57 375 of 677
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Table 40: Homelessness by Household Type and Shelter Status, Contra Costa County ...... 57 Table 41: Characteristics of Persons Experiencing Homelessness, Contra Costa County, 2019 ....................................................................................................................................................... 59 Table 42: Homeless Population—Unsheltered Individuals in West Contra Costa County.... 60 Table 43: Students in Local Public Schools Experiencing Homelessness ............................... 60 Table 44: County Homeless Facilities......................................................................................... 62 Table 45: Elderly People with Disabilities .................................................................................. 65 Table 46: Developmental Disability by Type, 2019 ................................................................... 66 Table 47: Elderly Population, 1990–2020................................................................................... 67 Table 48: Householders by Age.................................................................................................. 67 Table 49: Median Household Income for Elderly Households (65+ Years)............................. 67 Table 50: Income Distribution, Elderly Households (62+ Years)1............................................ 68 Table 51: Elderly Households by Housing Problems and Tenure, 2018 ................................. 68 Table 52: Extremely Low-Income Households with Housing Problems, 2018 ....................... 70 Table 53: Three Corridors Specific Plan Areas Development Densities and Intensities........ 77 Table 54: Three Corridors Specific Plan Height Standards ...................................................... 79 Table 55: Primary Building Development Standard for City of Pinole Base Zoning Districts 80 Table 56: Three Corridors Specific Plan Setback Standards .................................................... 80 Table 58: Allowed Residential Uses Under the Zoning Code ................................................... 84 Table 63: Planning Related Fees................................................................................................. 94 Table 64: Development Impact Fees, Per Unit.......................................................................... 95 Table 65: 5th Cycle Sites Developed............................................................................................ 99 Table 66: Recent Vacant Lot Sales in Pinole ............................................................................ 100 Table 67: Disposition of Home Loans, 2020............................................................................ 101 Table 70: Contributing Factors ................................................................................................. 146 Table 71: AFFH Actions Matrix.................................................................................................. 148 Table 75: Assumed Yields for Multifamily Zones .................................................................... 162 Table 76: Entitled and Pending Projects .................................................................................. 166 Table 77: ADUs Building Permits Issued.................................................................................. 167 Table 78: ADU Affordability Assumptions ............................................................................... 167 Table 79: Housing Capacity....................................................................................................... 168 Table 80: Lower-Income Capacity ............................................................................................ 169 Table 81: Vacant Site Capacity.................................................................................................. 170 Table 82: Non-Vacant Site Capacity.......................................................................................... 171 Table 83: EHV Program Payment Standards ........................................................................... 177 Table 84: Quantified Objectives ............................................................................................... 185
LIST OF FIGURES
Figure 1: Population Age Distribution, 2020.............................................................................. 24 Figure 2: Regional Racial/Ethnic Composition, 2019................................................................. 26 Figure 3: Regional Employment by Industry, 2019 ................................................................... 28 376 of 677
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Figure 4: Regional Employment by Occupation, 2019.............................................................. 29 Figure 5: Households by Size, 2019............................................................................................ 31 Figure 6: Regional Home Values, 2001–2020 ............................................................................ 40 Figure 7: Median Rental Prices, 2010–2020............................................................................... 42 Figure 8: Racial Group Share of General and Homeless, Contra Costa County, 2019........... 58 Figure 9: Latinx Share of Homeless Populations, Contra Costa County, 2019....................... 59 Figure 10: Disability by Type ....................................................................................................... 64 Figure 11: General Land Use Map.............................................................................................. 75 Figure 12: Geological Hazards .................................................................................................. 102 Figure 13: FEMA Flood Zones ................................................................................................... 103 Figure 14: Fire Hazard Severity Zones ..................................................................................... 104 Figure 15: Census Tracts and RHNA Sites................................................................................ 111 Figure 16: Racial and Ethnic Majority, 2010............................................................................. 113 Figure 17: Percent non-White, 2018 and RHNA Sites ............................................................. 114 Figure 18: Percent non-White Comparison of RHNA Units.................................................... 115 Figure 19: Dissimilarity Index for Race, 2020 .......................................................................... 116 Figure 20: Low to Moderate Income Population, 2011–2015 and RHNA Sites..................... 117 Figure 21: Low to Moderate Income Population Comparison of RHNA Units ..................... 118 Figure 22: Poverty Status, 2010-2014 and 2015-2019............................................................ 119 Figure 23: Housing Choice Vouchers, 2010 ............................................................................. 120 Figure 24: Children in Female-Headed Households and RHNA Sites, 2015-2019................ 121 Figure 25: Female-Headed Households comparison of RHNA Units .................................... 122 Figure 26: Children in Married Couple Households, 2015-2019............................................ 123 Figure 27: Disability Characteristics, 2019............................................................................... 124 Figure 28: Population with a Disability, 2010-2014 and 2015-2019 ...................................... 125 Figure 29: RECAPs Vicinity and RHNA Sites, 2021 ................................................................... 126 Figure 30: RCAAs Vicinity, 2015-2019....................................................................................... 127 Figure 31: TCAC Economic Score, 2021.................................................................................... 128 Figure 32: TCAC Education Score, 2021 ................................................................................... 130 Figure 33: TCAC Environmental Score, 2021 ........................................................................... 131 Figure 34: TCAC Composite Score............................................................................................ 132 Figure 35: TCAC Designation Comparison of RHNA Units ..................................................... 133 Figure 36: Transit Map .............................................................................................................. 134 Figure 37: CES Percentile and RHNA Sites ............................................................................... 135 Figure 38: CalEnviroScreen Percentile Comparison of RHNA Units ...................................... 136 Figure 39: Housing Problems by Tenure and Race/Elderly/Housing Size............................. 138 Figure 40: Cost Burden by Tenure and Race/Elderly/Housing Size....................................... 138 Figure 41: Overpayment by Owners ........................................................................................ 139 Figure 42: Overpayment by Renters ........................................................................................ 140 Figure 43: Overcrowded Households ...................................................................................... 141 Figure 44: Communities Vulnerable to Displacement............................................................ 144 Figure 45: Flood Hazard Zones................................................................................................. 164 377 of 677
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Figure 46: Very High Fire Hazard Severity Zones .................................................................... 165 378 of 677
Introduciton
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Introduction
Purpose and Content
The City of Pinole’s 2023 – 2031 Housing Element has been prepared in compliance with the State of California Government Code Section 65302 and in conformance with the Housing Element Guidelines as established by the California Department of Housing and Community Development (HCD). This Housing Element sets forth the City’s overall housing objectives in the form of goals, policies, and programs. This format will facilitate the periodic update of the Housing Element, as required by State law.
Data Sources
Various sources of information were used to prepare the Housing Element. The US Census on Population and Housing remains the most comprehensive source of data available on population and housing trends and was widely used throughout the element. Additional data sources consulted include:
• Demographic and housing data provided by ABAG, the State Department of Finance (DOF), and the Census Bureau;
• Housing market information, such as home sales, rents, and vacancies from the Contra Costa Association of Realtors, Craigslist, Zillow, and Home Mortgage Disclosure Act (HMDA);
• Building permit and zoning information from the City of Pinole Development Services Department;
• Special needs housing and services data, including homeless services, from Contra Costa County;
• Housing survey administered to residents and landlords; and • Telephone interviews with housing professionals and service providers.
Other statistics draw from the most recent figures reported by the U.S. Census Bureau, including the 2020 Census and the American Community Surveys (ACS). Future projections are based on data provided by ABAG. Where available, this data is supplemented with current market data and local secondary sources of information.
Relationship to Other Elements and Plans
This Housing Element identifies goals, policies, and programs that guide housing policy for the City over the 2023 to –2031 planning period. The goals, policies, and programs are consistent with the direction of the other General Plan elements, specifically the Land Use Element, Safety Element, and the Environmental Justice Element. Each goal is followed by 379 of 677
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one or more policies that are designed to provide direction to the policy makers that will enable progress towards the goals. Consistency will be reviewed as part of the annual General Plan implementation progress report as required under Government Code section 65400. Listed after a discussion of the goals and policies are the programs designed to implement the specific goals and policies.
The Housing Element goals, policies, and programs aim to:
• Encourage the development of a variety of housing opportunities and provide adequate sites to meet the 2023 – 2031 Regional Housing Needs Allocation (RHNA). • Assist in the development of housing to meet the needs of lower- and moderateincome households. • Address and, where appropriate and legally possible, remove governmental constraints to housing development.
• Conserve, preserve, and improve the condition of the existing affordable housing stock. Promote equal housing opportunity for all residents to reside in the housing of their choice. These objectives are required by and delineated in State law (California Code Section 65583 [c][1]).
Public Participation
As required by State law (Government Code Section 65588[c]), all economic segments of the community must be provided an opportunity to review and comment on the Housing Element.
The City of Pinole had a comprehensive and successful public engagement process. It provided extensive information that informed and guided the preparation of the draft Housing Element update. Targeted outreach began in March 2022. This involved engaging a diverse group of people in the planning process, including community members, stakeholders, service providers, educators, the Planning Commission, and City Council in identification of Pinole’s Housing Element housing issues. The public participation program included:
• Website. An interactive housing element update website, launched in March 2022 and accessed through the City’s webpage, that included a description of the project, how to provide input, workshop dates and materials, a link to the Housing Element update survey, and FAQs.
• Surveys. A multilingual (English, Tagalog, Cantonese, and Spanish) online community survey was heavily promoted through email list notification, project website, flyers, postcards, social media posts, banners, stakeholder interviews, and community workshops.
• Focus Group. One focus group was held on Thursday, June 30, 2022 at 4:00 p.m. to gather input from community members and housing service providers. 380 of 677
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• Stakeholder Interviews. Two stakeholder interviews were held on July 25, 2022 with The Pinole Rotary Club and July 26, 2022 with Contra Costa Association of Realtors to gather input regarding issues the community faces and recommendations to alleviate the identified housing issues.
• Community Workshops. Two virtual community workshops were held on Wednesday, May 11, 2022, and Thursday, June 9,2022. The website was updated to include information about the community meetings and the project planner sent emails to notify individuals on the mailing list which included stakeholders, community service providers, and members of the public. The links to the presentation video recording were posted on the Housing Element Update website. • Study Session. One joint study session with the Planning Commission and City Council was held on July 13, 2022. All the efforts of notifying the public that were made for the two community meetings were repeated for the joint study session.
The links to the presentation video recording were posted on the Housing Element Update website. The joint study session focused primarily on RHNA site strategy, housing issues, and proposed programs included in the Housing Element. It included a robust discussion of housing issues and responsive programs to meet the needs of all Pinole residents.
Summary of Comments Received
During the outreach process, the City heard comments that touched on issues such as difficulty paying rent, mortgage, or down payment; homelessness; and insufficient housing supply, including affordable housing, farm-worker housing, and preferred locations for future housing. Many of the programs and the RHNA sites inventory in the Housing Element Update reflect the community input. In summary, the community engagement and input yielded the following themes and feedback:
• Linking public investment with new housing: Participants expressed a desire for new housing near community facilities and amenities. Program 18 will coordinate with the Environmental Justice Element to pursue place-based improvements in low resource areas to increase environmental health and quality of Pinole through projects identified in the City’s capital improvement program. • Affordability: Participants expressed the lack of affordable housing options in Pinole; specifically identifying ways to incentive multifamily development. Program 7 consists of creating a set of incentives for projects that provide additional affordable housing beyond the City’s 15 percent inclusionary requirement. • Education and Outreach: Participants expressed a lack of community engagement and education on affordable housing, ADUs, housing services and programs that are available, and housing policy. Program 15, Program 19, Program 21 and Program 22implements outreach and education strategies to increase community 381 of 677
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awareness about ADUs, housing resources and services, and available fair housing and financing support.
• Housing protections: Participants expressed a need for protections and resources for seniors, first-time homebuyers, and lower-and middle-income individuals.
Program 20 establishes coordination with a fair housing service provider to work with residents and landlords for income protections and state rent control laws and in conjunction with Program 19. Program 9 will create a set of incentives to encourage the development of housing for seniors.
A summary of outreach is also provided in the Affirmatively Furthering Fair Housing chapter.
For complete survey results and additional detail on outreach see APPENDIX C: PUBLIC OUTREACH.
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Review of Past Accomplishments
State law (California Government Code Section 65588[a]) requires each jurisdiction to “review its housing element as frequently as appropriate to evaluate all of the following:
(1) The appropriateness of the housing goals, objectives, and policies in contributing to the attainment of the state housing goal.
(2) The effectiveness of the housing element in attainment of the community’s housing goals and objectives.
(3) The progress of the city, county, or city and county in implementation of the housing element.
(4) The effectiveness of the housing element goals, policies, and related actions to meet the community’s needs, pursuant to paragraph (7) of subdivision (a) of Section 65583.”
1 Per HCD, the three areas of requisite analysis are:
• Review the results of the previous housing element’s goals, objectives, and programs. The results should be quantified where possible but may be qualitative where necessary.
• Compare what was projected or planned in the previous housing element to what was achieved. Determine where the previous housing element met, exceeded, or fell short of what was anticipated.
• Based on the above analysis, describe how the goals, objectives, policies, and programs in the updated housing element are being changed or adjusted to incorporate what has been learned from the results of the previous housing element.
Housing Production
The 5th Cycle RHNA for the City of Pinole is shown in Table 1. The 5th Cycle allocation for the City consisted of 80 very low income units, 43 low income units, 43 moderate income units, and 126 above moderate income, for a total of 297 units. As of December 2021, 27 units have been permitted during the 5th Cycle. There is a remaining RHNA need of 80 very low income, 43 low income, 42 moderate income, and 100 above moderate-income units. 1http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=655
88.#:~:text=65588.,of%20the%20state%20housing%20goal.
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Table 1: 5th Cycle Housing Production
Very Low Low Moderate Above Moderate Total
5th Cycle RHNA
Allocation
80 43 43 126 297
Permitted - - 1 26 -
Remaining
Requirement
80 43 42 100 265
Source: City of Pinole
No Net Loss and Adequate Sites
Pursuant to Senate Bill (SB) 166, the City must always maintain adequate sites to accommodate the remaining RHNA requirement. The City saw development of 27 units over the 5th Cycle.
The City provided a capacity for 74 units on vacant sites and 419 units on specific plan sites, for a total of 493 units. The 5th Cycle identified a surplus capacity of 196 units. At no point during the 5th Cycle did the City have a net loss of capacity. The City maintained a surplus of available sites for all income levels throughout the 2015 to 2023 planning cycle.
Effectiveness at Assisting Special Needs Populations
This section reviews the City’s progress on assisting populations with special housing needs during the 5th Cycle. The City has implemented multiple programs to assist special needs populations over the 5th Cycle.
Seniors and Residents with Disabilities
The Pinole Senior Center offers services and programs to the elderly, including free assistance with legal and health services, and fitness classes.
WestCAT is a service of the Western Contra Costa Transit Authority, which provides a Senior Dial-A-Ride service that offers rides to senior citizens. WestCAT also provides a Paratransit service to Pinole, which is a curb-to-curb service ensuring that riders are transported safely and comfortably. These vehicles are equipped with wheelchair lifts providing access for all elderly persons with different levels of abilities.
Through the Contra Costa County Area Agency on Aging, Pinole participates in several food programs including Meals on Wheels, CalFresh, Food Bank of Contra Costa and Solano, and the Senior Food Program.
Persons Experiencing Homelessness
The County works collectively with all cities, including Pinole, to help address the needs of the homeless population in Contra Costa County. The homeless population in the City (53 in the most recent point-in-time count) receives aid from programs through Contra Costa 384 of 677
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County Health, Housing & Homeless Services. This includes the Continuum of Care and C.O.R.E. Homeless Outreach.
Accessibility Improvements
The City coordinated with the West Contra Costa Unified School District to complete off-site improvements at Pinole Valley High School that create easier access to the school for persons with disabilities. These changes include new ADA ramps, four traffic signals, and roadway restriping.
The City installed 41 “share the road” signs along Pinole Valley Road. There are 20 signs in the south bound direction beginning at Pinole Valley High School and 21 signs in the north bound direction to San Pablo Avenue. There have also been several road projects that involved upgrading ADA ramps on various segments on San Pablo Avenue.
In addition, the City installed 40 thermoplastic bicycle Shared Lane Markings (SLMs), “sharrows,” along Pinole Valley Road to San Pablo Avenue. This route links with the bicycle lanes passing Pinole Valley High School and provides connectivity from the Valley and Old Town to the commercial area near I-80. This route also allows access from Pinole Valley to the Hercules Transit Center.
The City is currently completing a Local Road Safety Plan which will suggest roadway improvements to make roadways safer for all users. Also, the City is scheduled to undertake the development of an Active Transportation Plan which will help identify improvements that will increase the safety and mobility of non-motorized users.
Evaluation of Previous Housing Element Programs
This section illustrates the City of Pinole’s accomplishments and status in implementing the housing programs identified for the 2015-2023 5th Cycle, as well as the continued appropriateness of each program for the 2023-2031 6th Cycle. Programs that have been successfully completed or that consist of routine staff functions are marked as “remove,” as these programs are no longer necessary for the 6th Cycle. Previous programs that are continued with no or minor modifications are marked as “continue.” Finally, programs marked as “retain/modify” are programs that will be continued, but have updated goals and metrics, and may involve combining multiple existing programs into a single 6th Cycle program for ease of use and streamlining.
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Table 2: Review of 5th Cycle Programs
5 th Cycle
Program Name
and Number Action/Target Timeframe Accomplishments
Continued
Appropriateness
6 th Cycle
Program
Number
Conduct An
Annual Housing
Element
Review (H.1.1)
Provide for annual review of the Housing Element, with
opportunities for public input and discussion, in conjunction with State requirements for a written review by April 1 of each year (per Government Code Section 65583(3)). As part of the Annual Housing Element Review, the City will conduct a
General Plan internal consistency review.
Annually Complete for 2021. The City will
continue to conduct annual
reviews of the Housing Element in
subsequent years
Remove - This is a
routine staff
function and not
considered a
Housing Element
Program. This is
also an HCD
requirement
(Government Code
Section 65400.)
N/A
Explore
Housing
Development
Partnerships
(H.1.2)
The City shall seek out opportunities to work with other public agencies by identifying housing grant funding opportunities to encourage and implement improvements and expansion of
housing supply, and work with developers by creating a
developer interest list and periodically assessing development needs to encourage new residential development to provide affordable housing.
Contact other public agencies such as the Contra Costa
County Housing Authority or Contra Costa County
Department of Conservation and Development at least once a year for funding and partnering opportunities.
Ongoing The City has been working with
developers on multiple affordable
housing projects in the City. The
City has facilitated pre-submittal
meetings and calls to provide
information, highlight application
needs, discuss process, and
discuss affordable housing
requirements and incentives.
Projects the City has worked with
developers on include the 223
units at Pinole Vista Plaza's vacant
K-Mart site, 27 of which are
affordable, the 154 townhomes
and condominium development
on the vacant Doctor's Hospital
site, the 29-unit apartment project
on a mixed use site, a 33 unit
affordable veteran's housing on a
former redevelopment agency
Retain/Modify into
an outreach and
technical assistance
program.
Program 3
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5 th Cycle
Program Name
and Number Action/Target Timeframe Accomplishments
Continued
Appropriateness
6 th Cycle
Program
Number
property, and a 100% affordable
179 unit senior complex.
The City has not compiled a
developer interest list and plans to
do so during the 6th Cycle.
Periodically
Review
Residential
Development
Requirements
(H.1.3)
Monitor development standards to ensure their
appropriateness in fostering residential and mixed use
development.
• For key housing opportunity sites, provide development standards and design objectives to streamline the
development review process for projects that are consistent with applicable Specific Plans and the General Plan.
• Provision of clear guidelines and incentives for the
development of housing in conformance with current state laws and to identify specific ways to streamline processing for subsequent development proposals.
Ongoing (as
necessary)
Regular ongoing discussions on
permitting, process, and code
update improvements.
Retain/Modify –
combine with
Mixed-Use incentive
program
Program 5
Apply Design
Review
Guidelines
(H.2.1)
Apply the Zoning Ordinance Residential Design Guidelines to new residential projects in order to evaluate projects in the context of existing neighborhoods and continue to maintain an objective process that clearly communicates community expectations in the Design Review process.
Ongoing The City continues to implement
the Residential Design Guidelines
for residential projects. The City
received thirteen residential
design review applications in 2021.
The City has recently begun the
process of creating objective
design standards, with the
standards anticipated to be
completed and adopted during the
6 th Cycle.
Retain/Modify to
ensure compliance
with SB 330 and
that development
standards, design
guidelines, and
findings are
objective, and
promote certainty
in the planning and
approval process.
Program 12
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5 th Cycle
Program Name
and Number Action/Target Timeframe Accomplishments
Continued
Appropriateness
6 th Cycle
Program
Number
Adequate Sites
to Meet
Regional Fair
Share of
Housing
Growth (H.2.2)
The City shall provide for a variety of housing types with densities ranging from one to seven units per acre in lowdensity residential areas and up to fifty dwelling units per acre in very high density residential and mixed use areas along portions of the City’s transportation corridors included in the proposed Specific Plan for San Pablo Avenue, Pinole Valley Road, and Appian Way, with the incorporation of density bonuses available consistent with State law.
In support of this Housing Element, the City developed a parcel-specific inventory of sites suitable for future residential development, including vacant sites currently designated under the City’s General Plan and housing opportunity sites designated in the City’s Corridor Specific Plan for San Pablo Avenue, Pinole Valley Road, and Appian Way
The City’s overall construction target is 80 units (2 extremely low, 5 very low, 5 low, 20 moderate, and 48 above moderate).
Ongoing Complete. Three Corridors Specific
Plan for San Pablo Avenue, Pinole
Valley Road, and Appian Way
includes adequate sites available
to developers to meet Regional
Fair Share of Housing Growth. A
detailed inventory of potential
residential development sites is
included within Table 6.43 and
6.44 of the adopted Housing
Element.
Retain Program 1
Rehabilitation
Assistance
(H.2.3)
The City will improve public awareness of rehabilitation loan subsidy programs offered by the County and other agencies.
Specific actions should include: (a) pamphlets on the
programs available at City Hall; and (b) providing public information through articles in the local newspaper and with cable TV public service announcements.
In addition, the City will annually explore funding availability at the local, State, and federal levels and pursue funding programs as appropriate with the goal of reinstating the City’s Rehabilitation Program.
Target: 50 units: 10 extremely low, 10 very low, 10 low, and 20 moderate), inclusive of the target for Action H.2.4 below.
Ongoing
(annually)
City staff continues to assist
homeowners and provide
information at City Hall on
rehabilitation assistance
resources. In 2021, the City issued
656 permits to rehabilitate housing
units, including roofing, water
heater replacement, furnace, solar,
window/patio door replacement,
and home remodel/addition
projects.
Retain/Modify.
Increase program
specificity,
language, and
metrics, including
setting a geographic
target for
assistance.
Program 15
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5 th Cycle
Program Name
and Number Action/Target Timeframe Accomplishments
Continued
Appropriateness
6 th Cycle
Program
Number
Acquisition/
Rehabilitation
of Blighted or
Distressed
Properties
(H.2.4)
As in other parts of the State, many households in Pinole have been impacted by the recession and depressed housing
market, resulting in increases in distressed properties and foreclosure activities. Furthermore, with the dissolution of redevelopment, the City no longer has the funding available to address blighted properties in the community.
The City will continue to pursue opportunities to partner with nonprofit housing developers to acquire and rehabilitate blighted or distressed properties, with the objective of making these units available to low income households as affordable housing.
Target: 50 units (10 extremely low, 10 very low, 10 low, and 20 moderate), inclusive of the target for Action H.2.3 above.
Ongoing The City worked with the
developer on the construction of
an affordable veteran's housing
project on a former redevelopment
property. The City has worked with
the developer to entitle a 100%
affordable senior housing complex
on an underutilized site.
Retain/Modify.
Remove portion
regarding blight and
redevelopment
agency. Update
metrics, language,
and, set a
geographic target
for assistance.
Program 16
Fee Structure
Evaluation
(H.3.1)
Periodically review the City’s current development impact fees to ensure that new development contributes its fair share of the costs for the provision of services and facilities.
Ongoing A fee update was initiated in
calendar year 2022 and adopted by
City Council in June 2022. Fees
went into effect Sept 2022.
Significant changes were made to
building permit fees that made the
fee schedule more equitable. The
adopted fee schedule is now more
similar to neighboring
jurisdictions, especially for larger
scale projects.
Retain/Modify.
Specify fee
evaluations to be
done not less than
every 5 years.
Program 13
General Plan
Land Uses
(H.4.1)
Evaluate General Plan land use designations and plan
programs annually to ensure they are consistent with the City’s overall goals and review the entire General Plan within eight years.
Annually The City's GP land use
designations are applied to
provide direction and flexibility to
help meet evolving overall land
use goals and policy objectives.
Remove – Not a
Housing Element
Program.
N/A
Housing
Construction
(H.4.2)
Construct or encourage the construction of housing units throughout the City through use of the following mechanisms.
Construction or approval of at least 279 units between 2014 and 2023.
Ongoing City staff meets regularly with
property owners and developers to
encourage additional housing
construction at all affordability
Modify - increase
program specificity,
language, and
metrics regarding
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5 th Cycle
Program Name
and Number Action/Target Timeframe Accomplishments
Continued
Appropriateness
6 th Cycle
Program
Number
levels on available housing
opportunity sites. Staff provides
information regarding the State
density bonus programs, and helps
owners/developers determine use
of bonuses, waivers/exceptions,
and incentives. Staff also meets
with individuals to provide
information on about SB 9 and
ADUs.
construction of
housing.
Mixed-Use Incentives: Encourage mixed residentialcommercial uses in areas consistent with the Land Use Plan, and in particular along portions of the San Pablo Avenue, Pinole Valley Road, and Appian War corridors to increase housing opportunities through the following and other
means, if appropriate: (1) increased densities; (2) prioritized development project review and processing; and (3) flexibility in parking and development standards.
The City assisted in exploring
potential for flexible parking
standards, including shared
parking agreements for mixed use
development.
Retain/Modify. Program 5
Rental Housing Site Assemble and Development: City shall contact affordable housing builders annually and provide information about sites to facilitate development of
affordable rental housing. Based on development interest, the City shall explore possible assistance including priority processing.
The City executed a Disposition
and Development Agreement and
agreed to provide a Purchase Loan
and Construction Loan to assist in
the purchase of the Property and
construction of the SAHA project
(811 San Pablo Ave). The site was a
former redevelopment property
sold by the City to the developer
with agreement to construct an
affordable rental housing
development.
Retain/Modify – roll
into outreach and
technical assistance
program, and
program to develop
specific priority
processing
procedure.
Program 3
and
Program 7
Affordable Housing Incentives: Support the use of the
following incentives for well-designed rental and ownership projects that provide a minimum of 15 percent of total units The City implements its 15%
inclusionary housing program for
the creation of affordability units in
projects.
Retain/Modify to
develop specific
process for priority
review of affordable
Program 7
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5 th Cycle
Program Name
and Number Action/Target Timeframe Accomplishments
Continued
Appropriateness
6 th Cycle
Program
Number
affordable to low and moderate income households for 45 and 55 years respectively:
a. Density bonuses. Provide density bonuses consistent with the State Density Bonus Law (Government Code Section
65915).
b. Flexibility in development standards. Allow flexibility in applying development standards (e.g., parking, floor area, setback, height standards).
c. Prioritized Development Review. Affordable housing
development should receive the highest priority and efforts should be made by staff and decision-makers to provide
technical assistance to potential affordable housing
developers; consider project funding and timing needs in the processing of applications; and provide the fastest
turnaround time possible in determining application
completeness.
The City has an adopted set of
design modifications for affordable
housing including potential for
priority processing. This is adopted
in section 17.32.040 of the Zoning
Ordinance.
housing
developments that
go beyond the
inclusionary
requirement.
Require Affordable Housing in Market Rate Residential
Projects. Require 15 percent of the units located in new residential developments be affordable, and of those units, 40 percent must be affordable to very low income households.
The City’s intent is the construction of units on-site. If this is not practical, the City will consider other alternatives of equal value, such as in-lieu fees, construction of units off-site, donation of a portion of the property for future non-profit housing development, etc.
15% inclusionary requirement has
been applied in all applicable
housing developments.
Retain/modify. Program 6
Housing for Extremely Low Income Households and
Persons with Disabilities. Based on funding availability, the City shall explore, at least once a year, development
assistance for multifamily and supportive housing to meet the needs of extremely low income households and persons with disabilities (including persons with developmental
disabilities). The City shall continue to contact housing service providers within West Contra Costa County to
determine the best way to facilitate development of housing Ongoing Retain. Program 8
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5 th Cycle
Program Name
and Number Action/Target Timeframe Accomplishments
Continued
Appropriateness
6 th Cycle
Program
Number
for extremely low income households and persons with
disabilities. The City will annually contact developers to assist in development where feasible by prioritizing available funding, assisting and supporting new applications, providing priority processing, considering fee deferrals or subsidies and design modifications, and facilitating site acquisition.
Parcel
Consolidation
(H.4.3)
The City will play an active role in facilitating lot consolidation, particularly as it relates to parcels listed in the Sites Inventory in this Housing Element. The lot consolidation procedure is included in the City’s Municipal Code and made available to the public and discussed with developers during the
preliminary review process.
Lot consolidation requests made in order to facilitate
development of affordable housing is processed
administratively.
Incentives offered for lot consolidation include allowing higher densities for larger parcels once consolidated,
flexibility in development standards, and expedited
processing.
Ongoing City staff meets with property
owners and developers to
encourage parcel consolidation for
housing development. The City did
not receive any requests for lot
consolidations during the 5th Cycle.
Retain //Modify –
include in
affordable housing
incentive programs
Program 7
Second Unit
Ordinance
(H.4.4)
The City will provide information to the public on the
ordinance at City Hall and on its website. In addition, the City will review the Second Dwelling Unit Ordinance in regard to development requirements to encourage the development of well-designed secondary housing units in established
residential areas.
Construction of 16 new second units between 2014 and 2023.
Ongoing Updated the ADU ordinance in
2017 and 2020.
Staff regularly receives and
responds to questions from the
public regarding ADU standards
and the permit process. 15 ADUs
were constructed between 2017
and September 2022.
The City streamlines the
permitting of ADUs by processing
them as a plan check of a building
permit, and does not require
Retain and roll into
ADU Programs
Program 4
and
Program 21
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Program Name
and Number Action/Target Timeframe Accomplishments
Continued
Appropriateness
6 th Cycle
Program
Number
separate planning permitting for
ADUs.
Homebuyer
Programs
(H.4.5)
Continue to promote homebuyer assistance programs
available through the County and State, such as the Mortgage Credit Certificate (MCC) program and California Housing Finance Agency’s Down payment Assistance Program.
Specific actions should include: (a) pamphlets on the
programs available at City Hall; and (b) providing public information through articles in the local newspaper and with cable TV public service announcements. The City will
continue to explore funding opportunities to reinstate the City’s Homebuyer Program.
Annual evaluation of funding available and pursue funding opportunities as available.
Annually Inadequate financial resources
available in 2021 to directly assist
first-time homebuyers and reestablish the City's homebuyer program. The City refers interested
individuals to available County and
State programs.
Retain and Modify -
staff can continue
to refer interested
parties to County
and State
programs. Modify to
increase promotion
of outreach
programs.
Program 21
Below Market
Rate (BMR)
Regulations
(H.4.6)
Implement and monitor rental (55 years) and resale (45 years) restrictions for low and moderate income units assisted or constructed by the former Redevelopment Agency to assure that these units remain at an affordable price level as they are occupied, and transferred.
Ongoing The City continues to use a thirdparty contractor to monitor affordability control compliance.
Retain - add
specific metric.
Program 17
Technical
Assistance to
Housing
Developers
(H.4.7)
The City will provide technical assistance to developers to encourage provision of affordable housing that are consistent with City goals. Assistance could include provision of
information about available funding sources, pre-application planning meetings, expedited development review and
processing, and facilitation of neighborhood meetings.
Ongoing City staff continued to meet with
prospective housing developers in
2021.
Retain/Modify –
combine into
outreach and
technical assistance
program.
Program 3
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5 th Cycle
Program Name
and Number Action/Target Timeframe Accomplishments
Continued
Appropriateness
6 th Cycle
Program
Number
Accessible
Units for the
Physically
Disabled
(H.4.8)
The City will facilitate programs and projects that meet Federal, State and local requirements to provide accessibility for the physically disabled in residential units and will promote affordable accessible housing for the physically disabled. The City will encourage accessible units in all new projects; additionally, where outside funding is involved, the City will ensure compliance with funding agency requirements for units accessible to the physically disabled. The City will provide technical assistance to assure proposed units meet Building Code requirements. The City will implement the adopted ordinance establishing Reasonable Accommodation procedures to accommodate the needs of persons with
disabilities.
Five percent of the units built or approved between 2014 and 2023 should be adaptable for the physically disabled
5% of units
built or
approved
between
2014 and
2023 should
be
adaptable
for the
physically
disabled
The City is committed to assisting
in the development of new
projects that provide accessible
housing for the disabled or issuing
building permits for projects that
improve the accessibility of
existing housing. The City did not
receive any new development
requests for housing for the
physically disabled or accessibility
modifications to existing
residential units during the 5th
Cycle.
Remove –
completed
reasonable
accommodations
procedure.
N/A
Housing for the
Homeless
(H.4.9)
The City amended the Zoning Ordinance to provide
emergency shelters and transitional housing for the homeless; however, additional revisions to the Zoning Ordinance are required to be consistent with State law. Specifically, the Zoning Ordinance will be revised to address the provision of supportive and transitional housing as a residential use to be subjected to requirements for similar uses in the same zones.
The Zoning Ordinance will also be revised to remove the emergency shelter distance requirements (other than from another shelter). State law (SB2) allows the emergency
shelter ordinance to set distance requirement only from another shelter. The City’s ordinance currently includes distance requirements from a public park and a school, transit route, etc. Within 12 months of adopting the 2015-2023
Housing Element, the City will amend the Zoning Ordinance to address the provisions for transitional housing, supportive housing, and emergency shelters consistent with SB 2. The City will continue to monitor the effectiveness and
appropriateness of the adopted provisions in facilitating housing for the homeless.
By May 2016 Text amendments were approved
in 2016.
Remove -
Completed.
N/A
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Program Name
and Number Action/Target Timeframe Accomplishments
Continued
Appropriateness
6 th Cycle
Program
Number
Complete within one year of Housing Element adoption.
Employee
Housing
(H.4.10)
Currently the Zoning Ordinance does not address the
provision of employee housing. The City will amend the
Zoning Ordinance within one year of the Housing Element adoption to identify employee housing meeting Health and Safety Code definitions will be considered as a residential use and to be permitted in the same manner as similar uses in the same zones.
Amend Zoning Ordinance to address employee housing
within one year of Housing Element adoption
By May 2016 Text amendments were approved
in 2016.
Remove -
Completed.
N/A
Prevention of
Housing
Discrimination
(H.4.11)
The City will take actions to prevent discrimination in the housing market and provide information on fair housing laws.
Staff will distribute fair housing pamphlets provided by fair housing organizations at the public information counter at City Hall, Pinole Library, and at the Pinole Senior Center, as well as on the City’s website. Staff will continue to refer all fair housing complaints to Housing Rights Incorporated, a local fair housing advocacy firm or other groups that provide comparable service. The City will also participate in the Regional Analysis of Impediments to Fair Housing Choice, which is updated every five years. The City will work with the County to publicize the outreach program for the update.
Ongoing No housing discrimination
disputes were brought to the City's
attention in 2021.
Retain/Modify -
increase program
specificity,
language, and
metrics regarding
fair housing. Expand
program to include
counseling,
education, etc.
Program 20
Conservation
of Affordable
Housing Units
(H.4.12)
Pinole’s supply of affordable housing units is largely made of multi-family units with affordability covenants in place that ensure affordability at a specific income level for a set period of time following the provision of financial assistance to the project, generally through the former Pinole Redevelopment Agency. A number of the covenants were recorded prior to changes in State law that took effect in 2001 requiring minimum thresholds for affordability and are now nearing their expiration dates. The City will take appropriate steps to ensure that the units with covenants close to expiration are Through
2017
Former RDA assets, and revenues
generated from those assets, are
maintained in a Low- and
Moderate-Income Housing Asset
Fund that continues to be used to
administer and monitor
compliance with affordable
housing and loan agreements and
provide for affordable housing
development.
Retain - update
timeframe, and
specific metric (# of
homes,)
Program 17
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Program Name
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Continued
Appropriateness
6 th Cycle
Program
Number
conserved or replaced and will remain affordable to moderate and lower income households.
Specifically, the City will:
• Contact the property owners to assess their interest and incentives required in extending the affordability covenant for the at-risk units.
• Work with property owners to notify tenants of potential conversion to market rate at least one year prior to
conversion, pursuant to State law.
• Contact affordable housing developers/providers to solicit their interest and financial capacity in acquiring the at-risk units,
• Work with interested property owners/affordable housing developers/providers to pursue funding for the preservation and improvement of at-risk units.
Total: 113 units (24 very low, 4 low, and 85 moderate)
Through 2017: 24 very low income units; 4 low income units; and 85 moderate income units.
Explore
Options for
Senior
Assistance
Programs
(H.4.13)
Explore program revisions and potential new programs aimed at providing assistance to seniors that would allow them to live independently and age in their homes. The potential assistance program(s) may be an offshoot of or include
revisions to the existing Residential Rehabilitation Loan Program, which provides grants and low-interest loans to qualifying households. Specifically, identify funding and initiate a program to provide grants to senior homeowners for home improvements to increase accessibility for daily
activities.
Pursue funding in 2015 with the goal of initiating program in 2016.
2015-2016 Insufficient financial resources
were available to establish a City
program.
Retain – Modify to
set specific
measures and goals
Program 9
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Program Name
and Number Action/Target Timeframe Accomplishments
Continued
Appropriateness
6 th Cycle
Program
Number
Energy and
Water
Conservation
(H.5.1.1)
Reduce energy and water consumption in residential
buildings by balancing energy-efficient design and water conservation features with cost-effective construction.
Ongoing The City continued to provide
information on available energy
and water conservation programs.
The City adopted updates to the
water efficient landscaping
ordinance in the municipal code to
reflect the current State ordinance.
Remove –
completed.
N/A
Water and
Sewer Service
Priority
Allocation for
Affordable
Housing
(H.5.1.2)
The City will comply with SB 1087 requirements regarding water and sewer priority allocation to affordable housing. The City will coordinate with the East Bay Municipal Utility District, the West County Wastewater Sewer District, and the
Pinole/Hercules Water Pollution Control Plant (WPCP) Joint Powers Agreement as needed to facilitate adoption of similar policies or to ensure that the State Public Utility Commission policies are adhered to.
Adopt policy within one year of Housing Element adoption By May 2016 Completed in 2016. Remove -
Completed.
N/A
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Housing Needs Assessment
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Housing Needs Assessment
The housing needs assessment analyzes the varied needs of all segments of the community.
The assessments evaluate characteristics that inform housing need including population trends, demographics, employment trends, household characteristics, housing stock characteristics, housing inventory and market conditions, and preservation of at-risk units.
The assessment also analyzes housing needs of various special needs groups, including elderly persons, large households, female-headed households, persons with disabilities (including developmental disabilities), homeless persons, farmworkers, and extremely lowincome households. These components are presented in the context of the City of Pinole, Contra Costa County, and other regional or neighboring areas as appropriate. The housing needs assessment guides the identification of appropriate goals, policies, and programs for the City to implement during the 2023–2031 Housing Element cycle.
The housing needs assessment uses multiple data sources for analysis. Primary data sources include the 2020 American Community Survey (ACS), the 2014–2018 Comprehensive Housing Affordability Strategy (CHAS) published by the US Department of Housing and Urban Development (HUD), and the 2020 US Census. The CHAS provides information related to households with housing problems, including overpayment, overcrowding, and/or housing without complete kitchen facilities and plumbing systems. CHAS data is based on the 2014–2018 ACS data files but differs from the standard files by including a variety of housing need variables shown by HUD-defined income limits and HUD-specified household types. CHAS data uses the HUD Area Median Family Income (HAMFI), which does not differ from the area median income (AMI) used by the California Department of Housing and Community Development (HCD) except that it does not utilize AMI income categories. Both HAMFI and AMI use the same median income from the metropolitan area, which for Pinole is the Oakland-Hayward-Berkeley metropolitan district. Tables that use HAMFI instead of AMI are noted2.
HCD uses five income categories to evaluate housing need based on the AMI for each metropolitan statistical area; they are used for both funding and planning purposes. The categories are as follows:
• Extremely low-income households, between 0% and 30% of the AMI • Very low-income households, between 30% and 50% of the AMI • Low-income households, between 50% and 80% of the AMI • Moderate-income households, between 80% and 120% of the AMI 2 Note that data from the different sources and different years may have varying estimates for totals such as population or number of households.
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• Above moderate-income households, above 120% of the AMI Extremely low-, very low-, and low-income households may be grouped together for planning purposes and referred to as “lower-income households.”
Projected Housing Needs
As required by California Government Code section 65583, each jurisdiction must have land zoned to accommodate its fair share of the regional housing need. Each jurisdiction’s share of needs is known as the Regional Housing Needs Allocation (RHNA). HCD determines the needs for each region of the state. The Association of Bay Area Governments (ABAG) is the regional planning agency for the nine county Bay Area region responsible for assigning each jurisdiction within the region its share of the RHNA. The RHNA is broken down into the five income levels: extremely low, very low, low, moderate, and above moderate.
As determined by HCD, the RHNA for the Bay Area region over the 2023–2031 planning period is 441,176 units. Contra Costa County as a whole received a RHNA of 49,043 units.
Pinole was assigned a RHNA of 500 total units, as shown in Table 3.
Table 3: Pinole RHNA, 2023–2031
Income Group % of County AMI Units % of Units
Extremely Low1 0–30% 60 12.0%
Very Low 30–50% 61 12.2%
Low 50–80% 69 13.8%
Moderate 80–120% 87 17.4%
Above Moderate > 120% 223 44.6%
Total - 500 100%
Source: Association of Bay Area Governments (ABAG) as referenced in Pinole 2023-2031 Housing Element Data Package, Table HHPROJ-01. 1Pursuant to AB 2634, local jurisdictions are also required to project the needs of extremely low-income households (0–30% of AMI). Fifty percent of the very low-income households are presumed to qualify as extremely low-income households.
Existing Housing Needs
Existing housing needs take into consideration demographic information about the community and region, including population and employment trends. It also considers data about the housing stock and characteristics, including housing age, condition, rates of cost burden, and rates of overcrowding.
Population Growth Trends
Table 4 provides the population trends of Pinole and select regional jurisdictions from 2010 to 2020. Pinole has a population of 19,505 as reported by the 2020 US Census. The County saw a 10.0 percent increase in population over the 10-year time span. Pinole experienced a lower growth rate of 6.1 percent, about 1,115 people. This is a comparable growth rate to 399 of 677
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the nearby jurisdictions of El Cerrito and Hercules. Richmond and San Pablo saw marginally higher population changes at 7.2 percent and 7.8 percent, respectively, while Martinez experienced a lower rate of growth at 3.6 percent.
Table 4: Regional Population Change, 2010–2020
Jurisdiction 2010 2020 % Change
Bay Area 7,150,739 7,790,537 8.9%
Contra Costa County 1,049,025 1,153,561 10.0%
Pinole 18,390 19,505 6.1%
El Cerrito 23,549 24,953 6.0%
Hercules 24,060 25,530 6.1%
Martinez 35,824 37,106 3.6%
Richmond 103,701 111,217 7.2%
San Pablo 29,139 31,413 7.8%
Source: California Department of Finance, E-5 series (as referenced in ABAG 2023-2031 Housing Element Data Package, table POPEMP-01).
Table 5 provides annual average population growth from 2000 through 2020. Between 2010 and 2020, the Bay Area and Contra Costa County experienced similar average annual growth rates of approximately 1 percent per year. During the same ten-year period, Pinole saw slightly slower annual average growth at 0.6 percent (an increase of 1,115 residents total). In contrast, from 2000 to 2010, the City’s population estimate decreased by 649 people or approximately 0.3 percent annually on average.
Table 5: Annual Average Population Growth, 2000–2020
Jurisdiction 2000 2010 2020 2000-2010 2010-2020
Total Population Population
Change
AAGR Population
Change
AAGR
Pinole 19,039 18,390 19,505 -649 -0.3% 1,115 0.6%
Contra Costa
County
948,816 1,049,025 1,153,561 100,209 1.0% 104,536 1.0%
Bay Area 6,784,348 7,150,739 7,790,537 366,391 0.5% 639,798 0.9% Source: California Department of Finance, E-5 series (as referenced in ABAG 2023-2031 Housing Element Data Package, table POPEMP-01).
Age Composition
Pinole’s current and future housing needs are determined in part by the age characteristics of its residents as each age group typically has distinct housing needs and preferences. For instance, a higher proportion of young adults generally indicates a need for rental units and first-time homebuyer or first move-up opportunities, including condominiums, townhomes, and smaller single-family homes. Middle-aged residents are usually at the peak of their earning power and typically occupy larger homes. Senior residents are generally homeowners who have resided in their single-family homes for an extended period of time, 400 of 677
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and may be in need of making home adaptation improvements to facilitate aging in place or transitioning to smaller living spaces and/or assisted living facilities. As a part of Program 8, the City is developing an aging in place permit policy that reduces the cost of building permits for age-qualified homeowners to make improvements to their home for universal design in order to support aging in place.
Table 6 summarizes the population’s age distribution and percentage change from 2000 to 2020. From 2010 to 2020, the largest increases in population were in the age groups of 65- 74 years (78.3 percent or 1,219 individuals) and 25-34 years (66.5 percent or 1,408 individuals). The largest decline was in the 15-24 years age group (-38.3 percent) followed by the 45-54 years age group (-27.1 percent). The 2000–2010 and 2010–2020 time periods both show a declining trend in the under 14 age groups in Pinole; over the course of the 20-year period, the 0-4 years age group decreased 19.8 percent, and the 5-14 years age group decreased by 31.2 percent. In comparison, the Countywide age group of 0-4 years decreased by 0.1 percent and the 5-14 age group increased by 1.3 percent.
This data suggests that there is an increasing need for senior housing, which may take the form of age-restricted developments, smaller units, and housing with increased support services and proximity to healthcare. The growing 25–34-year-old age group suggests a need for first-time homeownership opportunities and larger housing units, as this group has a higher propensity to start families.
Table 6: Population Age Distribution, Pinole
Age Group 2000 2010 2020 Change 2000-2010 Change 2010-2020 Age 0-4 1,083 933 869 -150 -13.9% -64 -6.9%
Age 5-14 2,794 2,038 1,923 -756 -27.1% -115 -5.6%
Age 15-24 2,367 2,467 1,523 100 4.2% -944 -38.3%
Age 25-34 2,097 2,116 3,524 19 0.9% 1,408 66.5%
Age 35-44 3,298 2,209 2,375 -1,089 -33.0% 166 7.5%
Age 45-54 2,995 3,043 2,218 48 1.6% -825 -27.1%
Age 55-64 1,949 2,736 2,737 787 40.4% 1 0.0%
Age 65-74 1,299 1,556 2,775 257 19.8% 1,219 78.3%
Age 75-84 855 859 986 4 0.5% 127 14.8%
Age 85+ 302 433 413 131 43.4% -20 -4.6%
Total 19,039 18,390 19,343 -649 -3.4% 953 5.2%
Source: US Census Bureau, Census 2000 SF1, Table P12; Census 2010 SF1, Table P12; American Community Survey 5-Year Data (2016-2020), Table DP05.
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Figure 1: Population Age Distribution, 2020
Source: US Census Bureau, American Community Survey 5-Year Data (2016-2020), Table DP05.
Race and Ethnicity
An understanding of the racial and ethnic trends in a region contributes to an analysis of housing demand. According to 2020 ACS data, Non-White populations in Pinole occupy multifamily units at a higher rate than White populations. 3 Race and ethnicity characteristics
also can be correlated with income levels. Table 7 summarizes the racial and ethnic composition of the population in 2010 and 2020. As of 2020, 24 percent of Pinole residents of any race were of Hispanic origin and 76 percent were Non-Hispanic. Of the Non-Hispanic population, 33 percent were white, and 25 percent were Asian or Pacific Islander and 11 percent were Black or African American. Between 2010 and 2020, the White Non-Hispanic population percentage declined by 5 percent, while the Asian or Pacific Islander population percentage increased by 2.6 percent, and the Black or African American population increased by 2.1 percent.
3 US Census Bureau, American Community Survey 5-Year Data (2016-2020), Table B25032A-E. 4% 4%
6%
4% 4%
18%
12% 11%
8%
6%
14%
5%
2%
6% 6% 7% 6% 6%
13%
13% 14%
7% 6%
9%
5%
2%
0%
5%
10%
15%
20%
% of Population
Pinole Contra Costa County
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Table 7: Racial and Ethnic Composition, Pinole
Racial/Ethnic Group 2010 2020
Number % Number %
Not Hispanic or Latino
White 7,037 38.1% 6,362 32.9%
Black or African American 1,642 8.9% 2,122 11.0%
American Indian & Alaska Native 71 0.4% 25 0.1%
Asian 4,044 21.9% 4,769 24.7%
Native Hawaiian & Pacific Islander 50 0.3% 20 0.1%
Some other race alone 123 0.7% 136 0.7%
Two or more races 1,005 5.4% 1,202 6.2%
Subtotal 13,972 75.7% 14,636 75.7%
Hispanic or Latino
White 2,060 11.2% 1,833 9.5%
Black or African American 29 0.2% 33 0.2%
American Indian & Alaska Native 36 0.2% 59 0.3%
Asian 35 0.2% 63 0.3%
Native Hawaiian & Pacific Islander 0 0.0% 0 0.0%
Some other race alone 1,938 10.5% 1,933 10.0%
Two or more races 391 2.1% 786 4.1%
Subtotal 4,489 24.3% 4,707 24.3%
Total 18,461 100.0% 19,343 100.0%
Source: US Census Bureau, American Community Survey 5-Year Data 2010 and 2020, Table B03002.
Figure 2 compares the racial and ethnic composition of Pinole compared to Contra Costa County and the Bay Area region. Pinole is a diverse community. The White, non-Hispanic population makes up a smaller subgroup of the population than the County or Bay Area (33 percent compared to 44 and 39 percent, respectively). In Pinole, a larger proportion (12 percent) of the population is Black or African American (8 percent in the County and 6 percent in the Bay Area). The Asian population is representative of the Bay Area, making up 27 percent of the total population, but higher than the County’s 17 percent. 403 of 677
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Figure 2: Regional Racial/Ethnic Composition, 2019
Source: US Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B03002.
Employment Trends
Employment trends in a region also influence housing needs. The quality and/or pay of available employment can determine the need for various housing types and prices.
Table 8 shows the labor force and employment trends in Pinole in 2010, 2015, and 2020. The labor force has increased by over 1,000 from 2010 to 2020. The unemployment rate decreased by 1.8 percent, from 6.9 percent to 5.1 percent, between 2010 and 2020 and according to Local Area Unemployment Statistics (LAUS) it decreased by 1.5 percent from 2015-2020. In 2020, the unemployment rate for Pinole, at 5.1 percent was lower than the County’s unemployment rate of 5.5 percent and according to LAUS it was within a tenth of a percent difference between Pinole (3.3 percent) and the East Bay Region (3.2 percent). 27%
17%
27%
12%
8%
6%
33%
44%
39%
7% 5% 5%
21% 26% 24%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Pinole Contra Costa County Bay Area
Percent of Population
Hispanic or Latinx
Other Race or Multiple Races, Non-Hispanic
White, Non-Hispanic
Black or African American, Non-Hispanic
Asian / API, Non-Hispanic
American Indian or Alaska Native, Non-Hispanic
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Table 8: Employment Trends, Pinole
Year Labor Force Employment Unemployment Unemployment Rate 2010 9,557 8,888 669 6.9% -
2015 9,757 9,128 629 6.4% 4.8%*
2020 10,595 10,051 544 5.1% 3.3%*
Source: US Census Bureau, American Community Survey 5-Year Data 2010, 2015, and 2020, Table DP03. *Source: CA EDD, Local Area Unemployment Statistics (LAUS) program; TNDG Figure 3 displays the employment share by industry in Pinole, Contra Costa County, and the Bay Area region. The employment by industry breakdown when compared among the City, County, and Bay Area region has a few, small differences. Pinole has a smaller percentage of workers employed in the financial and professional services than Contra Costa County and the Bay Area. It has a higher percentage of workers employed in the health and educational services sector.
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Figure 3: Regional Employment by Industry, 2019
Source: US Census Bureau, American Community Survey 5-Year Data (2015-2019), Table C24030.
Figure 4 displays the regional employment by occupation for Pinole, Contra Costa County, and the Bay Area. As with regional employment by industry, the makeup of employment by occupation is similar across the City, County, and Bay Area region. The largest difference is in the management, business, science, and arts occupations, in which Pinole has a smaller percentage of people employed (40 percent) than the County and Bay Area (44 and 50 percent, respectively). Pinole has a slightly higher percentage of people employed in the sales and office occupations (25 percent) than the County and Bay Area (21 and 19 percent, respectively). The comparison of regional employment by occupation and industry shows no specific housing need unique to Pinole as compared to the County and region. 5% 7% 6%
20%
25% 26%
37%
31% 30%
4%
16%
14% 17%
11% 10% 9%
10% 9% 8%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Pinole Contra Costa County Bay Area
Share of Employed Residents
Other Retail
Manufacturing, Wholesale & Transportation Information
Health & Educational Services Financial & Professional Services Construction Agriculture & Natural Resources
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Figure 4: Regional Employment by Occupation, 2019
Source: US Census Bureau, American Community Survey 5-Year Data (2015-2019), Table C24010.
Household Characteristics
This section describes Pinole’s household characteristics, including data on the number of households, household size, and household income. The US Census Bureau defines a household as all persons living in a single housing unit, whether or not they are related. A household can be one person, a single family, multiple families, or any group of related or unrelated persons. The US Census Bureau defines a family as related persons living within a single housing unit.
As shown in Table 9, the number of households in Pinole decreased by 6.2 percent between 2000 and 2010. This was a significant deviation from the increase the County and State experienced during the same time period (6.9 and 7.7 percent, respectively). Between 2010 and 2020, Pinole’s household growth has been on par with the state as a whole at just under 6 percent, but lower than the County’s 8 percent growth. In 2020, the US Census Bureau reported 6,792 households in Pinole.
40% 44% 50%
5%
8%
7% 10%
9%
9%
25% 21% 19%
19% 18% 16%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Pinole Contra Costa County Bay Area
Share of Employed Residents
Service Occupations
Sales And Office Occupations
Production, Transportation, And Material Moving Occupations Natural Resources, Construction, And Maintenance Occupations Management, Business, Science, And Arts Occupations
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Table 9: Number of Households, 2000–2020
Area 2000 2010 2020 % Change
2000-2010
% Change
2010-2020
Pinole 6,837 6,411 6,792 -6.2% 5.9%
Contra Costa County 344,422 368,087 398,299 6.9% 8.2%
California 11,502,870 12,392,852 13,103,114 7.7% 5.7%
Source: US Census Bureau, Decennial Census 2000, Table DP1. American Community Survey 5-Year Data 2010 and 2020, Table S1101.
The average number of persons per household in Pinole was 2.83 in 2020, a slight decrease from 2.88 in 2010. In contrast, the County and State both saw an increase in household size since 2010. As shown in Table 10, the average number of persons per household in Pinole is now similar to the County’s average but lower than the statewide average of 3.00. A larger household size may indicate a need for larger housing units and more bedrooms. It may also suggest a need for more affordable units to alleviate the pressure for individuals to cohabitate primarily because of high housing costs. These issues are further analyzed in the Overpayment and Overcrowding section of the needs assessment.
Table 10: Regional Average Household Size
Area 2000 2010 2020
Pinole 2.79 2.88 2.83
Contra Costa County 2.72 2.75 2.86
California 2.87 2.90 3.00
Source: US Census Bureau, Decennial Census 2000, Table DP1 SF2. American Community Survey 5-Year Data 2010 and 2020, Table S1101.
Figure 5 shows the household size distribution of Pinole, Contra Costa County, and the Bay Area region. The distribution is similar among all three geographic areas of analysis. Pinole has a slightly higher proportion of 2-person and 5-or-more-person households than the State or County and fewer 3-to-4-person households.
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Figure 5: Households by Size, 2019
Source: US Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B11016.
Table 11 shows trends in household size from 2010 through 2020. The largest change has been an increase in two-person households. In 2010 they made up about 30 percent of all households and now comprise nearly 39 percent of total households. This represents a 42 percent increase in two-person households over the 10-year period. Households with five or more persons increased over 20 percent from 2010 to 2020. One-person households decreased slightly and three- and four-person households declined substantially (17 percent and 25.5 percent, respectively, from 2010 to 2020).
22% 22% 25%
34% 32% 32%
31% 34% 33%
13% 12% 11%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Pinole Contra Costa County Bay Area
Percent of Households
1-Person Household 2-Person Household
3-4-Person Household 5-Person or More Household
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Table 11: Household Size, Pinole, 2010–2020
Household Size 2010 2015 2020 2010-2020
Units % of
Total
Units % of
Total
Units % of
Total
% Change
1-Person Household 1,307 20.4% 1,531 22.7% 1,298 19.1% -0.7% 2-Person Household 1,854 28.9% 2,479 36.8% 2,636 38.8% 42.2% 3-Person Household 1,433 22.4% 1,124 16.7% 1,184 17.4% -17.4% 4-Person Household 1,130 17.6% 817 12.1% 842 12.4% -25.5% 5+ person household 687 10.7% 786 11.7% 832 12.2% 21.1% Total 6,411 100% 6,737 100% 6,792 100% 5.9%
Source: US Census Bureau, American Community Survey 5-Year Data (2016-2020), (2011-2015), and (2006-2010), Table B25009.
The decrease in three- and four-person households may partially be attributed to Pinole’s recent trend toward smaller family size, as shown in Table 12. Average family size decreased from 3.27 in 2010 and 2015 to 3.19 in 2020. This contrasts with the County’s increase in average family size from 3.28 to 3.34 over the same period. This correlates with Table 6, which shows that the 0-4-years age group decreased 19.8 percent and the 5-14 years age group decreased by 31.2 percent between 2000 and 2020. This data may indicate that as families grow, they are priced out of the housing market and choosing to live elsewhere, that Pinole families are choosing to have fewer children, or a combination of both.
Table 12: Family Household Characteristics, 2010–2020
Area 2010 2015 2020 Change
2010-2020
Pinole
Families as % of All Households 74.3% 71.6% 74.6% +0.3% Average Family Size 3.27 3.27 3.19 -0.08
Contra Costa County
Families as % of All Households 70.5% 71.0% 71.9% +1.4% Average Family Size 3.28 3.34 3.34 +0.06
Source: US Census Bureau, American Community Survey 5-Year Data (2016-2020), (2011-2015), and (2006-2010), Table S1101.
Table 13 displays household size by tenure in Pinole. Just under 70 percent of housing units are owner-occupied citywide. When looking at tenure by household size, one-person households have a lower homeownership rate than other household sizes. Their lower household income may make it more challenging to finance a home. 410 of 677
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Table 13: Household Size by Tenure, Pinole, 2020
Owner Occupied Renter-Occupied Total
Contra Costa
County
Pinole Contra Costa
County
Pinole Contra Costa
County
Pinole
1-person
household
12.9% 51,401 11.2% 758 8.9% 35,587 8.0% 540 21.8% 86,988 19.1% 1,298 2-person
household
22.5% 89,816 29.0% 1969 9.0% 35,985 9.8% 667 31.6% 125,801 38.8% 2,636 3-person
household
12.2% 48,703 10.8% 736 5.7% 22,746 6.6% 448 17.9% 71,449 17.4% 1,184 4-person
household
11.3% 44,967 10.0% 681 5.1% 20,331 2.4% 161 16.4% 65,298 12.4% 842 5-person
household
4.9% 19,568 5.5% 373 2.7% 10,598 2.0% 138 7.6% 30,166 7.5% 511 6-person
household
1.9% 7,423 2.3% 157 1.0% 3,934 1.2% 83 2.9% 11,357 3.5% 240 7-or-more
person
household
1.1% 4,360 0.9% 58 0.7% 2,880 0.3% 23 1.8% 7,240 1.2% 81 Total: 66.8% 266,238 69.7% 4732 33.2% 132,061 30.3% 2,060 100% 398,299 100% 6,792 Source: US Census Bureau, American Community Survey 5-Year Data (2016-2020), Table B25009.
The median household income for Pinole in 2020 was $104,904, which is within 1 percent of the median income for the County ($103,997). In the City, the median income for owneroccupied households ($112,342) was about $34,000 higher than the median income for renter-occupied households ($77,976). The County has a larger income disparity between owners and renters, with owner-occupied households earning over $56,000 more than renter-occupied households.
Table 14: Median Household Income by Tenure
Jurisdiction 2020 Median Income
Pinole $104,904
Owner-Occupied Households $112,342
Renter-Occupied Households $77,976
Contra Costa County $103,997
Owner-Occupied Households $125,809
Renter-Occupied Households $69,772
Source: US Census Bureau, American Community Survey 5-Year Data (2016-2020), Table B25119. 411 of 677
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The State of California uses five income categories to determine eligibility for housing programs. Table 15 shows the State-defined income ranges for each affordability category based on the Contra Costa County AMI of $125,600 for a household of four.
Table 15: Income Range by Affordability Level Based on State Area Median Income, 2021 Affordability Category % of County Median Income Range
Extremely Low Income < 30% ≤ $ 41,100
Very Low Income 30%-50% $41,101 - $ 68,500
Low Income 50%-80% $68,501 - $ 109,600
Moderate Income 80%-120% $109,601 -$ 150,700
Above Moderate Income > 120% > $150,700
Source: California Department of Housing and Community Development, Revised State Income Limits for 2021, Dec. 31, 2021.
Table 16 provides a breakdown of income level by tenure in Pinole, using the 2014–2018 CHAS data. Approximately 30 percent of households in Pinole are renter-occupied, compared to 34 percent of households in the County. In Pinole, about 55 percent of households are above the HUD area median family income, which is comparable to the County’s 56.5 percent.
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Table 16: Household Income Level by Tenure, 2018
Income Level Owner
Occupied
% Renter
Occupied
% Total %
Pinole
Less than or equal to 30% of HAMFI1 295 4.4% 260 3.9% 555 8.3% Greater than 30% but less than or equal
to 50% of HAMFI
435 6.5% 380 5.7% 815 12.2%
Greater than 50% but less than or equal
to 80% of HAMFI
510 7.6% 315 4.7% 825 12.4%
Greater than 80% but less than or equal
to 100% of HAMFI
545 8.2% 265 4.0% 810 12.1%
Greater than 100% of HAMFI 2,860 42.9% 800 12.0% 3,660 54.9% Total2 4,650 69.7% 2,020 30.3% 6,670 100%
Contra Costa County
Less than or equal to 30% of HAMFI 16,810 4.3% 31,625 8.1% 48,435 12.3% Greater than 30% but less than or equal
to 50% of HAMFI
21,115 5.4% 20,335 5.2% 41,450 10.6%
Greater than 50% but less than or equal
to 80% of HAMFI
26,450 6.7% 18,655 4.8% 45,105 11.5%
Greater than 80% but less than or equal
to 100% of HAMFI
21,355 5.4% 14,480 3.7% 35,835 9.1%
Greater than 100% of HAMFI 171,795 43.8% 49,655 12.7% 221,450 56.5% Total2 257,530 65.7% 134,750 34.4% 392,275 100%
Source: US Department of Housing and Urban Development (HUD), CHAS ACS tabulation, 2014-2018. 1 HUD area median family income (HAMFI)
2 Data presented in this table are based on special tabulations from sample Census data. The number of households in each category usually deviates slightly from the 100 percent total due to the need to extrapolate sample data out to total households. Interpretations of these data should focus on the proportion of households in need of assistance rather than on precise numbers.
Housing Stock Characteristics
This section discusses the housing stock in Pinole including change in housing units, unit size, unit type, age of housing stock, overpayment and overcrowding rates, and housing age and conditions. By analyzing past and current housing trends in the housing stock, future housing needs can be assessed.
Table 17 summarizes the number of housing units in the City and County from 2000 to 2020.
In 2000, Pinole had 6,828 housing units. By 2010, the number of housing units increased to 7,158, a 4.8 percent increase. Between 2010 and 2020, the City is estimated to have approximately 52 fewer units (0.7 percent). There was no major loss of units or demolition without replacement during the Cycle, and the decrease is within the margin of error in the census data. In 2020, the Census reported 7,106 housing units in the City, which comprised
1.7 percent of the County’s housing units. Pinole’s share of the County’s housing units slightly 413 of 677
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decreased from 2000 to 2020, suggesting that housing unit production in the County is outpacing the production in Pinole.
Table 17: Housing Units, 2000–2020
Year Pinole % Change County % Change Pinole as % of
County
2000 6,828 - 354,577 - 1.9%
2010 7,158 4.8% 400,263 12.9% 1.8%
2020 7,106 -0.7% 423,342 5.8% 1.7%
Source: US Census Bureau, Decennial Census 2000, Table H001 SF1, 2010 and 2020, Table H1 Redistricting Data.
Table 18 summarizes the distribution of unit size by tenure in 2020. The most common unit size for renter-occupied units was two-bedroom units, followed by three-bedroom units. The most common size for owner-occupied units was three-bedroom units followed by fourbedrooms units. Owner-occupied units tended to be larger than renter-occupied units.
Table 18: Unit Size by Tenure, Pinole, 2020
Unit Size Owner-Occupied Renter-Occupied Total Occupied Housing Units Units % Units % Units %
No bedroom/Studio 47 1% 127 2% 174 3%
1 bedroom 9 0% 319 5% 328 5%
2 bedrooms 541 8% 812 12% 1,353 20%
3 bedrooms 2,391 35% 568 8% 2,959 44%
4 bedrooms 1,603 24% 207 3% 1,810 27%
5 or more bedrooms 141 2% 27 0% 168 2%
Total 4,732 70% 2,060 30% 6,792 100%
Source: US Census Bureau, American Community Survey 5-Year Data (2016-2020), Table B25042.
Table 19 summarizes Pinole’s housing inventory by building type from 2010 to 2021. In 2021, single-family detached units comprised the largest percentage of housing stock, approximately 70 percent with 5,056 units. Multifamily housing made up 20 percent with 1,461 units. Compared to Contra Costa County, Pinole has a slightly larger share of the housing stock in the form of single-family detached housing units. Single-family detached homes make up 67 percent of the County’s housing and multifamily housing accounts for 24 percent. Between 2010 and 2021, the distribution of building types has remained the same for both the County and the City.
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Table 19: Housing Inventory by Unit Type
Building Type
2010 2021
Units % Units %
Pinole
Single-Family Home: Detached 5,050 70.6% 5,056 70.5%
Single-Family Home: Attached1 613 8.6% 616 8.6%
Multifamily2 1,459 20.4% 1,461 20.4%
Mobile Homes 36 0.5% 36 0.5%
Total 7,158 100% 7,169 100%
Contra Costa County
Single-Family Home: Detached 266,693 66.6% 280,271 66.6% Single-Family Home: Attached1 31,594 7.9% 32,162 7.6%
Multifamily2 94,602 23.6% 101,034 24.0%
Mobile Homes 7,374 1.8% 7,284 1.7%
Total 400,263 100% 420,751 100%
Source: State of California, Department of Finance, E-5 Population and Housing Estimates for Cities, Counties and the State — January 1, 2011-2021. Sacramento, California, May 2021.
1 “Single-Family Home: Attached” is defined as a one-unit structure attached to another unit by a common wall; they are commonly referred to as a townhouse, half-plex, or row house. The shared wall or walls extend from the foundation to the roof with adjoining units to form a property line. Each unit has individual heating and plumbing systems. 2 “Multifamily” refers to a structure containing two or more units and not classified as a “Single-Family Home: Attached” structure. The units in the structure share attic space and heating and plumbing systems.
Table 20 displays the US Census Bureau’s estimates of the number of occupied housing units by building type and tenure in Pinole in 2020. Most of Pinole’s housing stock is composed of owner-occupied, detached single-family homes (68.8 percent) followed by renter-occupied, detached single-family homes (16.4 percent). Analyzing the tenure split of the various housing building types reveals that 80.8 percent of detached single-family homes were owner occupied. Multifamily housing was predominantly renter occupied (79.2 percent).
Diversifying Pinole’s housing stock to include more multifamily housing in both rental and ownership forms has the potential to provide more affordable housing options, given the construction efficiencies of the multifamily building type. Multifamily housing can also be beneficial for seniors, people with disabilities, and those who prefer less home maintenance or do not need the yard space characteristic of single-family properties. 415 of 677
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Table 20: Housing Building Type by Tenure, Pinole, 2020 Building Type Owner
Occupied
% of
Total Units
Renter
Occupied
% of
Total Units
Total
Units
Detached Single-Family Homes 4,218 68.8% 1,003 16.4% 5,221 Attached Single-Family Homes 310 5.1% 92 1.5% 402
Multifamily Housing 35 0.6% 133 2.2% 168
Mobile Homes 68 1.1% 153 2.5% 221
Boat, RV, Van, etc. 34 0.6% 81 1.3% 115
Total 4,665 76.1% 1,462 23.9% 6,127
Source: US Census Bureau, American Community Survey 5-Year Data (2016-2020), Table B25032.
Housing Age and Condition
The age of a housing unit is often an indicator of housing conditions. In general, housing that is 30 years old or older may need repairs based on the useful life of materials. Housing over 50 years old is considered aged and is more likely to need major repairs. Many federal and state programs use age of housing as one factor to determine housing needs and the availability of funds for housing and community development.
Table 21 summarizes the age of housing stock by tenure in 2020. Approximately 88.6 percent of all housing units in the City were built prior to 1990 (over 30 years ago), and 52.6 percent of units were built before 1970 (over 50 years ago). This distribution does not significantly vary based on tenure in Pinole. For example, 87.5 percent of the renter-occupied housing stock was built before 1990 and 53.3 percent of renter-occupied units were built prior to 1970. The City has seen very little rental family housing stock built within the past two decades; only 35 rental units have been built since 2000, compared to 197 owner-occupied units.
A windshield survey from code enforcement estimates that about 15 – 20 units in the City are in need of significant repair, under 1 percent of units in the City. 416 of 677
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Table 21: Year Housing Built
Year Built Owner-Occupied Renter-Occupied Total
Built 2014 or later 20 0.4% 0 0.0% 20 0.3%
Built 2010 to 2013 18 0.4% 0 0.0% 18 0.3%
Built 2000 to 2009 159 3.4% 35 1.7% 194 2.9%
Built 1990 to 1999 323 6.8% 222 10.8% 545 8.0%
Built 1980 to 1989 738 15.6% 331 16.1% 1,069 15.7%
Built 1970 to 1979 999 21.1% 374 18.2% 1,373 20.2%
Built 1960 to 1969 1,317 27.8% 496 24.1% 1,813 26.7%
Built 1950 to 1959 982 20.8% 415 20.1% 1,397 20.6%
Built 1940 to 1949 95 2.0% 72 3.5% 167 2.5%
Built 1939 or earlier 81 1.7% 115 5.6% 196 2.9%
Total 4,732 100% 2,060 100% 6,792 100%
Source: US Census Bureau, American Community Survey 5-Year Data (2016-2020), Table B25036.
Housing tenure by date of occupancy is listed in Table 22, which shows when households moved into their housing unit. About 30 percent of owner-occupied households have been in the same place of residence since 1989 or earlier (over 30 years). Given that most homeowners do not purchase their home until they are in their late twenties or thirties, this suggests that many of these homeowners would be nearing their senior years and living in housing that is more likely to require repairs due to aging materials. Program 9 includes the development of a policy to give low or no-cost building permits for age-qualified homeowners to make improvements to their home so that they are able to age in place.
Table 22: Housing Tenure by Date of Occupancy
Move In Year Owner
Occupied
% of
Units
Renter
Occupied
% of
Units
Total % of
Units
Moved in 2019 or later 32 0.7% 138 6.7% 170 2.5%
Moved in 2015 to 2018 707 14.9% 804 39.0% 1,511 22.2%
Moved in 2010 to 2014 660 13.9% 767 37.2% 1,427 21.0%
Moved in 2000 to 2009 1,114 23.5% 183 8.9% 1,297 19.1%
Moved in 1990 to 1999 773 16.3% 118 5.7% 891 13.1%
Moved in 1989 or earlier 1,446 30.6% 50 2.4% 1,496 22.0% Total 4,732 100% 2,060 100% 6,792 100%
Source: US Census Bureau, American Community Survey 5-Year Data (2016-2020), Table B25038.
Median Home Sales Price
Figure 6 shows the change in home prices in Pinole, Contra Costa County, and the Bay Area region from December 2001 to December 2020. While each geography follows the same general trend over time, Pinole home prices are lower than the other two geographies. After 417 of 677
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2005, the housing market slowdown affected home sale prices in Pinole. Between 2005 and 2011, the home sales prices in Pinole decreased by approximately 35 percent. Since then, the median sales prices for new and resale homes in Pinole have steadily increased, with a minor dip at the start of the COVID-19 pandemic in early 2020. Pinole home prices are significantly lower than the County. The median home price in December 2020 was $634,914, which was 18 percent ($137,499) lower than the County median of $772,413.
Figure 6: Regional Home Values, 2001–2020
Source: Zillow Home Value Index (ZHVI), December 2020 (as referenced in ABAG, 2023-2031 Housing Element Data Package, Table HSG-08.) Notes: Zillow describes the ZHVI as a smoothed, seasonally adjusted measure of the typical home value and market changes across a given region and housing type. The ZHVI reflects the typical value for homes in the 35th to 65th percentile range. The ZHVI includes all owner-occupied housing units, including both single-family homes and condominiums.
Home values in Pinole increased by 17 percent between February 2021 and February 2022, from $665,000 to $779,000, as shown in Table 23. In February 2022, the Zillow home value index in Contra Costa County was $949,000, which represents a 22 percent increase since February 2021. In February 2022, the home values in Contra Costa County were 22 percent higher than those in Pinole. Since a household can typically qualify to purchase a home that is 2.5 to 3.0 times the annual income of that household, Pinole’s median income of about $100,000
$300,000
$500,000
$700,000
$900,000
$1,100,000
$1,300,000
20012002200320042005200620072008200920102011201220132014201520162017201820192020 Bay Area Contra Costa County Pinole
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$105,000 implies that the median sales price should be between $262,500 and $315,000.4 The home value index of approximately $780,000 indicates a high potential for housing cost burden in the City.
Table 23: Zillow Home Value Index, Neighboring Jurisdictions Jurisdiction February 2021 February 2022 % Change
El Cerrito $1,040,000 $1,130,000 9%
Hercules $851,000 $1,030,000 21%
Martinez $674,000 $729,000 8%
Pinole $665,000 $779,000 17%
Richmond $693,000 $778,000 12%
San Pablo $519,000 $605,000 17%
Contra Costa County $780,000 $949,000 22%
Source: Zillow Home Value Index (ZHVI), February 2022, https://www.zillow.com/ca/home-values/, accessed March 31, 2022.
Notes: Zillow describes the ZHVI as a smoothed, seasonally adjusted measure of the typical home value and market changes across a given region and housing type. The ZHVI reflects the typical value for homes in the 35th to 65th percentile range. The ZHVI includes all owner-occupied housing units, including both single-family homes and condominiums.
Rental Prices
Table 24 and Figure 7 show median home rental prices in Pinole and Contra Costa County from 2010 to 2020. In 2020, the median rental price in Pinole was $1,997. This is a 30 percent increase from the 10-year low of $1,538 in 2015. Rental prices have been steadily increasing in the City since 2015. It should be noted that these median rental prices do not fully capture the housing market effects of the global COVID-19 pandemic. One of the economic impacts seen in California during the COVID-19 pandemic was a rapid increase in home prices, potentially caused by a rapid increase in remote work and higher demand for housing in suburban settings such as Pinole. As a result, rental values in the years following the onset of the pandemic are estimated to be significantly higher and continue to rise. 4 Assumes 10% down payment; 5.00% mortgage interest rate; taxes, insurance, PMI and HOA account for 35% of housing costs; and uses 2022 Contra Costa County Housing Authority utility allowances. 419 of 677
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Table 24: Median Monthly Rent, 2010–2020
Median
Rental
Prices
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
Pinole $1,822 $1,840 $1,801 $1,673 $1,620 $1,538 $1,608 $1,706 $1,778 $1,903 $1,997 Contra
Costa
County
$1,796 $1,804 $1,780 $1,741 $1,719 $1,700 $1,736 $1,811 $1,905 $2,013 $2,107 Source: American Community Survey 5-Year Estimates, Table B25105.
Figure 7: Median Rental Prices, 2010–2020
Source: US Census Bureau, American Community Survey 5-Year Estimates, Table B25105.
Table 25 displays the affordable and fair market rents for low-income households in the Oakland-Fremont HUD Fair Market Rent Area, which includes Contra Costa County. Fair market rents are estimates of what a person moving today can expect to pay in gross rent (cost of shelter plus utilities) for a modestly priced rental home in a given area. The kind of home that can be rented for the fair market rent is in decent condition, but it is not luxury housing. The methodology used to calculate hourly wage and annual salary required to afford the fair market rents without spending greater than 30 percent of income on housing is provided by the National Low Income Housing Coalition. $1,400
$1,500
$1,600
$1,700
$1,800
$1,900
$2,000
$2,100
$2,200
$2,300
$2,400
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
Contra Costa County Pinole
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Table 25: Affordable and Fair Market Rent for Low-Income Households Unit Size Hourly Wage
Required3
Annual Salary
Required2
Fair Market Rent1
Studio $29.58 $61,520 $1,538
One Bedroom $35.65 $74,160 $1,854
Two Bedroom $43.73 $90,960 $2,274
Three Bedroom $57.81 $120,240 $3,006
Four Bedroom $68.81 $143,120 $3,578
Source: National Low Income Housing Coalition, Out of Reach 2021: California. 1HUD FY 2022 Fair Market Rent Documentation System for Oakland-Fremont, CA HUD Metro FMR Area. 2Multiply the FMR by 12 to get yearly rental cost. Then divide by .3 to determine the total annual income needed to afford the FMR without spending more than 30 percent of income on housing. 3Hourly wage assumes working 40 hours per week and 52 weeks per year.
Vacancy Rates
Vacancy rates are indicators of housing supply and demand that reflect the degree of housing choice that is available. Higher vacancy rates can induce downward price pressure, while low vacancy rates can influence upward price pressures. Low vacancy rates usually indicate high demand and/or low supply conditions in the housing market. Vacancy rates that are too low can force prices up, making it more difficult for lower- and moderate-income households to find housing. For rental units, a 7 to 8 percent vacancy rate is considered “healthy,” and a vacancy rate of 2 to 3 percent is considered “healthy” for owner-occupied housing. In 2015, the vacancy rate in Pinole was 6.7 percent and decreased to 3.5 percent in 2020. Table 26 summarizes the number of occupied and vacant units in Pinole and Contra Costa County in 2015 and 2020.
Table 26: Occupancy Rates
Occupancy Status Contra Costa County Pinole
2015 % 2020 % 2015 % 2020 %
Occupied Housing Units 384,646 95.0% 407,029 96.1% 6,737 93.3% 6,860 96.5% Vacant Housing Units 20,355 5.0% 16,313 3.9% 484 6.7% 246 3.5% Total Housing Units 405,001 100% 423,342 100% 7,221 100% 7,106 100% Source: US Census Bureau, American Community Survey 5-Year Data (2011-2015) and (2016-2020), Table B25002.
Overpayment and Overcrowding
Overpayment is defined as households paying more than 30 percent of their gross income on housing-related expenses, including rent or mortgage payments and utilities. Households paying greater than 30 percent of their gross income on housing-related expenses are considered to be cost burdened. Severe overpayment occurs when households pay 50 percent or more of their gross income for housing. Higher costs for housing may contribute to households having a limited ability to cover other everyday living expenses. The impact of 421 of 677
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housing costs is more apparent for extremely low-, very low-, and low-income households, especially renter households.
Table 27 categorizes renters based on the percent of household income spent on rent.
According to 2020 ACS data, 40.9 percent of households spend more than 30 percent of their income on rent. Over 20 percent of households spend more than 50 percent on rent.
Table 27: Gross Rent as a Percentage of Household Income, 2020 Percent of Household Income Number of Households Percent of Households Less than 10 percent 44 2.1%
10 to 14.9 percent 171 8.3%
15 to 19.9 percent 307 14.9%
20 to 24.9 percent 223 10.8%
25 to 29.9 percent 155 7.5%
30 to 34.9 percent 159 7.7%
35 to 39.9 percent 322 15.6%
40 to 49.9 percent 101 4.9%
50 percent or more 420 20.4%
Not computed 158 7.7%
Total 2,060 100.0%
Source: US Census Bureau, American Community Survey 5-Year Data (2016-2020), Table B25070.
Table 28 illustrates housing cost as a percentage of household income by tenure. It shows the number and percentage of households in Pinole and Contra Costa County that experience a cost burden and severe cost burden. According to 2014–2018 HUD CHAS data, in Pinole, 2,768 households (42 percent) experience some form of overpayment, with 849 households (13 percent) experiencing severe overpayment. This is a significant share of the community experiencing a housing cost burden and reflective of a larger regional issue. The County has an even larger share overpaying for housing; 52 percent of households experience some degree of overpayment, and 16 percent experience severe overpayment.
Renters are disproportionately affected by overpayment in both Pinole and the County. 422 of 677
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Table 28: Overpayment by Income Level and Tenure, 2018
Household Income Range All Households Households with Housing Cost Burden Number5 % Overpayment
(>30% of income on rent)
Severe Overpayment
(>50% of income on rent)
Owner Households, Pinole
= 30% of HAMFI 295 4.4% 165 3.5% 155 3.3%
> 30% 50% of HAMFI 435 6.5% 230 4.9% 145 3.1%
> 50% 80% of HAMFI 510 7.6% 235 5.1% 135 2.9%
> 80% 100% of HAMFI 545 8.2% 164 3.5% 4 0.1%
> 100% of HAMFI 2,860 42.9% 155 3.3% 0 0.0%
Owner Subtotal 4,650 69.7% 949 20.4% 439 9.4%
Renter Households, Pinole
= 30% of HAMFI 260 3.9% 205 10.1% 165 8.2%
> 30% 50% of HAMFI 380 5.7% 310 15.3% 185 9.2%
> 50% 80% of HAMFI 315 4.7% 215 10.6% 50 2.5%
> 80% 100% of HAMFI 265 4.0% 160 7.9% 10 0.5%
> 100% of HAMFI 800 12.0% 80 4.0% 0 0.0%
Renter Subtotal 2,020 30.3% 970 48.0% 410 20.3%
Total (Owners & Renters) 6,670 100% 1,919 28.8% 849 12.7% Owner Households, County
= 30% of HAMFI 16,810 4.3% 12,770 5.0% 10,425 4.0%
> 30% 50% of HAMFI 21,115 5.4% 13,195 5.1% 7,785 3.0% > 50% 80% of HAMFI 26,450 6.7% 14,225 5.5% 5,860 2.3% > 80% 100% of HAMFI 21,355 5.4% 8,770 3.4% 2,585 1.0% > 100% of HAMFI 171,795 43.8% 25,585 9.9% 3,355 1.3%
Owner Subtotal 257,530 65.7% 74,545 28.9% 30,010 11.7%
Renter Households, County
=30% of HAMFI 31,625 8.1% 25,495 18.9% 21,515 16.0%
> 30% 50% of HAMFI 20,335 5.2% 17,070 12.7% 8,545 6.3% > 50% 80% of HAMFI 18,655 4.8% 11,610 8.6% 2,415 1.8% > 80% 100% of HAMFI 14,480 3.7% 5,680 4.2% 460 0.3%
> 100% of HAMFI 49,655 12.7% 5,200 3.9% 105 0.1%
Renter Subtotal 134,750 34.4% 65,055 48.3% 33,040 24.5% Total (Owners & Renters) 392,280 100% 139,600 35.6% 63,050 16.1% Source: 2014-2018 HUD CHAS data, Summary Level data for Contra Costa County and City of Pinole. 423 of 677
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An overcrowded housing unit is defined by the US Census Bureau as a housing unit occupied by more than one person per room (excluding bathrooms, kitchen, hallway, and closet space). Occupancy by more than 1.5 persons per room constitutes severe overcrowding.
Overcrowding can affect public facilities and services, reduce the quality of the physical environment, and create conditions that contribute to deterioration of the housing stock.
Additionally, overcrowding can indicate that a community does not have an adequate supply of affordable housing and/or variety of suitable housing units to meet the needs of the community.
Table 29 summarizes overcrowding in Pinole by tenure. Approximately 247 households, roughly 3.6 percent of households, in Pinole were experiencing overcrowding in 2020. This includes 173 owners and 74 renter households. Overall, Pinole has a lower percent of households that are overcrowded compared to the County (3.6 percent and 5.0 percent respectively).
Table 29: Overcrowding by Tenure
Owners Renters Total
Persons per
Room
Overcrowded
Households
% of
Total
Overcrowded
Households
% of
Total
Overcrowded
Households
% of
Total
Pinole
1.01 to 1.50 156 3.3% 66 3.2% 222 3.3%
>1.50 17 0.4% 8 0.4% 25 0.4%
Total Overcrowded 173 3.7% 74 3.6% 247 3.6%
Contra Costa County
1.01 to 1.50 4,483 1.7% 9,001 6.8% 13,484 3.4%
>1.50 1469 0.6% 4,974 3.8% 6,443 1.6%
Total Overcrowded 5,952 2.2% 13,975 10.6% 19,927 5.0%
Source: US Census Bureau, American Community Survey 5-Year Data (2016-2020), Table B25014.
Preservation of Units at Risk of Conversion
Jurisdictions are required by state Housing Element Law to analyze government-assisted housing that is eligible to convert from low-income to market-rate housing over the next 10 years. State law identifies housing assistance as a rental subsidy, mortgage subsidy, or mortgage insurance to an assisted housing development. Government-assisted housing might convert to market-rate housing for a number of reasons, including expiring subsidies, mortgage repayments, or expiration of affordability restrictions. 5 Data presented in this table are based on special tabulations from sample Census data. The number of households in each category usually deviates slightly from the 100 percent total due to the need to extrapolate sample data out to total households. Interpretations of these data should focus on the proportion of households in need of assistance rather than on precise numbers. 424 of 677
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Qualified Entities
Under Government Code Section 65863.11, owners of federally assisted projects must provide a “Notice of Opportunity to Submit an Offer to Purchase” to qualified entities that agree to preserve the long-term affordability if they should acquire at-risk projects at least one year before the sale or expiration of use restrictions. Qualified entities have first right of refusal for acquiring at-risk units. Qualified entities are nonprofit or for-profit organizations with the legal and managerial capacity to acquire and manage at-risk properties that agree to maintain the long-term affordability of projects. The following is a list of qualified entities from HCD for Contra Costa County and the surrounding area. • ACLC Dewey Housing, Inc.
• Affordable Housing Associates
• Alameda County Allied Housing
Program
• Anka Behavioral Health
• BRIDGE Housing Corporation
• Christian Church Homes
• Community Housing Development
Corporation
• East Bay Asian Local Development
Corporation
• East Bay Neighborhood Housing
Services
• Eden Housing, Inc.
• Eskaton Properties, Inc.
• Foundation for Affordable Housing, Inc
L + M Fund Management LLC
• Neighborhood Housing Services of the
East Bay
• Northern California Land Trust, Inc.
• Pacific Community Services, Inc.
• Resources for Community Development
• ROEM Development Corporation
• Rubicon Programs, Inc.
• Rural California Housing Corporation
• Satellite Affordable Housing Associates
Inventory of At-Risk Units
There are no assisted units at risk of conversion in the City during the 6th Housing Element Cycle. There are 301 affordable housing units in Pinole that are subject to rent restrictions per covenants recorded on the property that the City monitors for compliance. The covenants on these properties expire between 2053 and 2099.
Currently, 37 rent-restricted housing units are at converting to market rate within 10 years of the beginning of the planning period (by 2033). Table 30 displays the units that will be converted during the next Cycle as well as units that were converted during the 5th Cycle. 425 of 677
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Table 30: Units at Risk of Conversion or Converted During the 5th Cycle, Pinole Project Affordable
Units
Assisted Units Type of
Government
Assistance
Expiration of
Affordability
Converting During 6th Cycle
Westmont of Pinole
(formerly Pinole Senior Village)
2850 Estates Avenue
37 (as of 2022)
31 moderate income
6 very low income
RDA 2028
Subtotal 37 - - -
Converted During 5th Cycle
885 Fifth Avenue 1 1 low income RDA 2014
1965 San Pablo Avenue 1 1 low income RDA 2014
1520 San Pablo Avenue 4 3 moderate income;
1 low income
RDA 2015
950 Appian Way 3 1 moderate income;
1 low income;
1 very low income
RDA 2015
2529 San Pablo Avenue 1 1 moderate income RDA 2015
2548 San Pablo Avenue 4 4 moderate income RDA 2017
815 San Pablo Avenue 2 2 moderate income RDA 2017
2395 San Pablo Avenue
(Pear Street Bistro)
4 3 moderate income;
1 very low income
RDA 2017
Bayside Apartments
530 Sunnyview Drive
93 71 moderate income
22 very low income
RDA 2020
Total 113 - - -
Source: City of Pinole, 2022. *These units are accessory dwelling units that are not required to be rented, but if they are rented must be below market rent (less than 120% of AMI).
Of these rent-restricted units, 37 are beds for seniors at Westmont of Pinole, which was formerly Pinole Senior Village. In 2018, the owner purchased the land from the City and the facility from Pinole Senior Village. At that time, a new affordable housing covenant was recorded on the property, which permitted the owner to reduce the number of very lowincome beds by one each year. Moderate-income beds are phased out at a maximum rate of 6 per year through 2023 and 5 per year from 2024 to 2028. There were originally 65 rentrestricted beds. Ten were restricted to very low-income households earning 50 percent or less of the AMI. Fifty-five beds were restricted to moderate-income households (110 percent or less of AMI). Table 31 shows the rent-restricted unit reduction schedule. By December 31, 2028, no rent-restricted bed will be required to be maintained at this facility. The owner 426 of 677
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cannot raise the rent on any rent-restricted beds and may only reduce restricted beds by voluntary vacation of such bed by an eligible tenant.
Table 31: Westmont of Pinole Rent-Restricted Unit Reduction Schedule Minimum Required Rent-Restricted Units by Year
Income Level Moderate Income Very Low Income
2018 55 10
2019 49 9
2020 43 8
2021 37 7
2022 31 6
2023 25 5
2024 20 4
2025 15 3
2026 10 2
2027 5 1
2028 0 0
Source: Affordable Housing Covenant between Pinole Senior Living, L.P. and City of Pinole.
Replacement Costs
The California Tax Credit Allocation Committee’s 2020 report provides estimates and data on the cost of building assisted units. It estimates that the average cost of an assisted unit in the State of California is $439,827.6
Table 32 summarizes the estimated replacement costs per unit using construction cost estimates from the UC Berkeley Terner Center and average unit sizes in the City of Pinole from Apartment Finder. Combined, they provide an estimate for replacement costs by unit size specific to Pinole. It ranges from $252,700 for a one-bedroom unit to $421,420 for a three-bedroom unit. These replacement cost estimates are on the low end because construction costs are from 2018 and have been steadily rising and have not been adjusted for inflation.
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Table 32: Replacement Cost
Unit Size Construction Cost per Square
Foot1
Average Square Foot/
Unit2
Replacement Cost per
Unit
1 bedroom $380 665 $252,700
2 bedroom $380 899 $341,620
3 bedroom $380 1,109 $421,420
Source: 1UC Berkeley Terner Center, 2020, The Hard Costs of Construction: Recent Trends in Labor and Materials Costs for Apartment Buildings in California, 15. https://ternercenter.berkeley.edu/wp-content/uploads/2020/08/Hard_Construction_Costs_March_2020.pdf. 2ApartmentFinder.com,
https://www.apartmentfinder.com/California/Pinole-Apartments, accessed March 25, 2022.
A variety of programs exist to assist cities to acquire, replace, or subsidize at-risk affordable housing units. The following summarizes financial resources available to the City of Pinole.
Federal Programs
Community Development Block Grant (CDBG) – CDBG funds are awarded to cities on a formula basis for housing activities. The primary objective of the CDBG program is the development of viable communities through the provision of decent housing, a suitable living environment, and economic opportunity for principally low- and moderate-income persons. CDBG funds can be used for housing acquisition, rehabilitation, economic development, and public services.
HOME Investment Partnership – HOME is a flexible grant program and funds are awarded on a formula basis for housing activities. HOME considers local market conditions, inadequate housing, poverty, and housing production costs. HOME funding is provided to jurisdictions to assist rental housing or homeownership through acquisition, construction, reconstruction, and/or rehabilitation of affordablehousing.
Section 8 Housing Choice Voucher Rental Assistance Program – This program provides rental assistance payments to owners of private, market-rate units on behalf of very lowincome tenants.
Section 811/202 Program – Nonprofit and consumer cooperatives can receive no-interest capital advances from HUD under the Section 202 program for the construction of very lowincome rental housing for seniors and persons with disabilities. These funds can be used in conjunction with Section811, which can be used to develop group homes, independent living facilities, and immediate care facilities. Eligible activities include acquisition, rehabilitation, new construction, and rental assistance.
State Programs
California Housing Finance Agency (CalHFA) Multifamily Programs – CalHFA’s Multifamily Programs provide permanent financing for the acquisition, rehabilitation, and preservation or new construction ofrental housing that includes affordable rents for lowand moderate-income families and individuals. Oneof the programs is the Preservation 428 of 677
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Acquisition Finance Program, which is designed to facilitate the acquisition of at-risk affordable housing developments and provide low-cost funding to preserve affordability.
Low-Income Housing Tax Credit (LIHTC) – This program provides tax credits to individuals and corporations that invest in low-income rental housing. The LIHTC program creates affordable housing opportunities when the developer of a project “sells” the tax credits to an investor(s) who contributes equity to the development in exchange for an ownership position in the project.
California Community Reinvestment Corporation – The California Community Reinvestment Corporation is a multifamily affordable housing lender whose mission is to increase the availability of affordable housing for low-income families, seniors, and residents with special needs by facilitating private capital flow from its investors for debt and equity to developers of affordable housing. Eligibleactivities include new construction, rehabilitation, and acquisition of properties.
Monitoring of Affordable Units
The City continually monitors the list of affordable housing units and their eligibility to convert to market-rate housing. Former RDA assets, and revenues generated from those assets, are maintained in a Low- and Moderate-Income Housing Asset Fund that continues to be used to administer and monitor compliance with affordable housing and loan agreements and provide for affordable housing development.
The City conducts annual compliance monitoring on over 300 affordable units to ensure property owners and management are complying with affordable income and rent restrictions required by City agreements. Properties are affordable to very low to moderate income households. The City expects to monitor over 400 affordable units as new affordable units are constructed over the next five years. The majority of affordable units are located in rental properties. The City monitors two ownership units to ensure the property owners continue living at their properties as their primary residence or sell their units to income qualified buyers. Program 17 is included to continue to monitor and preserve at-risk housing in the City.
Quantified Objectives
Housing Element law requires that cities establish a maximum number of units that can be converted over the planning period. During the planning period, zero rent-restricted housing units are at risk of being converted to market rate.
Special Housing Needs
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circumstances leading to housing problems such as lower incomes, higher housing cost burdens, and overcrowding. State law therefore requires evaluation of housing needs of these groups, in particular senior households, single-parent households, persons with physical, mental and developmental disabilities, large households, farmworkers, and homeless individuals. Table 33 provides an overview of the presence of special needs populations within the City.
Table 33: Overview of Special Needs Groups, Pinole
Special Needs Group # of People % of Population
Persons with a Disability 2,389 12%
Persons Experiencing Homelessness 7 <1%
Farmworkers 29 <1%
Special Needs Group # of Households % of Households
Householders Age 65+ 2,354 35%
Large Households 832 12%
Female-Headed Households 1,050 16%
Extremely Low-Income Households 555 8%
Source: US Census Bureau, American Community Survey 5-Year Data (2016-2020) and HUD CHAS Data (2014-2018).
Table 34 shows the services currently providing support to the special needs populations in Pinole.
Table 34: Inventory of Services for Special Needs Populations Services/Programs Details
Pinole Senior Center Provides social, educational, recreational, health, nutritional, and consumer services and activities.
Serves as a cooling center in extreme temperatures.
Membership sponsorship program available for
eligible seniors in need of financial assistance.
Pinole Grove Senior Apartments Offers 70 affordable, one- and two-bedroom senior apartments with senior-targeted amenities.
Westmont of Pinole Offers Independent Living, Assisted Living, and Memory Care services.
Visiting Angels Pinole Offers comprehensive home care for seniors based on their individual needs and preferences in order to
help older adults live in their own homes. Services
include respite care, personal care, dementia care,
companion care, home care services and palliative
care.
St. Clare’s Home for Seniors Offers 12 senior living and assisted living units.
Tara Hills Care Home Community care facility for the elderly Granada Home Care I and II Two 6-bed residential care facilities for seniors 430 of 677
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Services/Programs Details
Cole Vocational Services Pinole Offers structured, activity-based adult day programs that give individuals the chance to achieve goals,
become independent and be active in the
community.
Pathway to Choices Provides independent living services, supported living services, adult day program, behavior
management, and competency training to people
with developmental disabilities.
811 San Pablo Affordable Housing Approved 33-unit affordable housing project to low and very-low income households on City land.
Vista Woods Affordable Housing Approved 179 unit affordable housing project for seniors
Source: City of Pinole.
Farmworkers
Traditionally, agricultural workers are defined as persons whose primary incomes are earned through permanent or seasonal agricultural labor. The 2016–2020 ACS found that 29 Pinole residents were employed in the agriculture, forestry, fishing and hunting, and mining industry. This is less than one percent of all employed individuals in the City over 16 years old.
Table 35 shows the 2017 estimates of farmworkers for Contra Costa County, as reported by the US Department of Agriculture’s Census of Agriculture. As indicated, there were an estimated 1,310 farmworkers in the County working on 161 farms. The 2007 Census of Agriculture counted 1,873 farmworkers in the County. This yields a 30 percent decrease of farmworkers in the County from 2007 to 2017.
Table 35: Number of Farmworkers and Farms, Contra Costa County, 2017 Farm/Worker Type Farmworkers Farms
Farm Size
Farms with less than 10 employees 343 126
Farms with 10 or more employees 967 35
Total 1,310 161
Length of Employment of Workers
Workers working 150 days or more 450 -
Workers working less than 150 days 860 -
Source: 2017 Census of Agriculture, Table 7, Contra Costa County, https://www.nass.usda.gov/Quick_Stats/CDQT/chapter/2/table/7/state/CA/county/013/year/2017. 431 of 677
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Large Households
State housing law defines large households as those consisting of five or more members.
Large households are considered a special needs group because it may be difficult for these households to secure adequately sized, affordable housing. In order to balance affordable housing along with other financial responsibilities, large households tend to reside in smaller dwelling units, which may lead to overcrowding.
In 2020, approximately 12 percent (832) of Pinole’s 6,792 households were considered large households. This is a similar proportion as seen countywide. Of those large households, 71 percent (588) lived in owner-occupied units, while 29 percent (244) lived in rental housing.
Between 2010 and 2020, the percentage of households in the City that are large households remained unchanged as did the distribution between renters and homeowners of large households. In 2010, approximately 12 percent (833) of Pinole’s 6,775 households were considered large households. Of those large households, 71 percent (595) lived in owneroccupied units, while 29 percent (238) lived in rental housing.
In Pinole, the proportion of large households that are owners (71 percent) is comparable to the general proportion of ownership households citywide. There is a higher proportion of large households owning their home compared to Contra Costa County (64 percent).
Table 36: Large Households by Tenure, 2020
Household Type (Size) Owner-Occupied
Households
Renter-Occupied
Households
Total Households
Pinole
Five-person Household 373 73% 138 27% 511 8%
Six-person Household 157 65% 83 35% 240 4%
Seven-or-more-person
Household
58 72% 23 28% 81 1%
Total Large Households 588 71% 244 29% 832 12%
Total of All Households 4,732 70% 2,060 30% 6,792 100%
Contra Costa County
Five-person Household 19,568 65% 10,598 35% 30,166 8%
Six-person Household 7,423 65% 3,934 35% 11,357 3%
Seven-or-more-person
Household
4,360 60% 2,880 40% 7,240 2%
Total Large Households 31,351 64% 17,412 36% 48,763 12% Total of All Households 266,238 67% 132,061 33% 398,299 100% Source: US Census Bureau, American Community Survey 5-Year Data (2016-2020), Table B25009.
Large households tend to have more difficulty purchasing housing due to the financial constraints of supporting a larger household and because there is limited housing stock of 432 of 677
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adequate size. Additionally, rental units with three or more bedrooms are not common, and large affordable rental units are even less common. This can lead to overcrowded housing conditions.
Table 37 provides a summary of housing problems experienced by large households in Pinole by tenure. As previously noted, the types of housing problems include overcrowding, overpayment (cost burden), and households lacking kitchen or plumbing facilities. CHAS 2014–2018 data indicates that 55 percent of large households experience at least one of the housing problems. Analyzing by tenure, 81 percent of large renter households and 43 percent of large owner households have at least one form of housing problem.
As of 2020, 27 percent of the City’s housing stock has four or more bedrooms (refer to Table 18). This equates to 1,810 housing units with four or more bedrooms to serve the estimated 832 large households that require at least four bedrooms to avoid over-crowded conditions.
However, these figures do not consider whether it is actually large households who occupy these housing units. One must also consider whether these housing units with four or more bedrooms are affordable to large households. Table 37 shows that 34 percent of large households experience a cost burden and 6 percent experience a severe cost burden. Large households that rent have over twice the rate of overpayment (52 percent) than large homeowner households (24 percent).
Table 37: Large Households by Housing Problems and Tenure, Pinole, 2018 Household Type Large-Household
Renters
Large-Household
Owners
Total
Large Households
Total Households 270 580 850
Large Households with Any
Housing Problem1
81% 220 43% 250 55% 470
Large Households with Cost
Burden (> 30%)2
52% 125 24% 100 34% 225
Large Households with
Severe Cost Burden (> 50%)2
4% 10 7% 30 6% 40
Source: HUD Comprehensive Housing Affordability Strategy (CHAS), 2014-2018 data, Table 4 and Table 7.
Notes: Data presented in this table are based on special tabulations from sample Census data. The number of households in each category usually deviates slightly from the 100 percent total due to the need to extrapolate sample data out to total households. Interpretations of these data should focus on the proportion of households in need of assistance rather than on precise numbers. 1The four housing problems are: incomplete kitchen facilities, incomplete plumbing facilities, more than 1 person per room, and cost burden greater than 30 percent.
2Cost burden occurs when housing costs exceed 30 percent of household income. For renters, housing cost is gross rent (contract rent plus utilities). For owners, housing cost is "select monthly owner costs," which includes mortgage payment, utilities, association fees, insurance, and real estate taxes. Severe cost burden occurs when housing costs exceed 50 percent of household income.
Female-Headed Households
Female-headed households who do not have a spouse present are a special needs group because they tend to experience comparatively low rates of homeownership, lower incomes, 433 of 677
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and high poverty rates. Female-headed households are often further characterized by whether they have children in the household. Table 38 shows the number of female-headed households by tenure and presence of children. In 2020, 15.5 percent of households in Pinole were female-headed households. This is higher than the County where femaleheaded households comprise 12.0 percent of all households. Female-headed households in Pinole have a higher rate of homeownership than those in the County (54 percent and 49 percent, respectively). However, female-headed households with children have lower homeownership rates than the County; only 9 percent of female-headed households with children own their home in Pinole compared to 15 percent in the County. Of the 1,050 female-headed households in Pinole, 300 had children under 18 and 750 had no children present.
Table 38: Female-Headed Households by Tenure in Pinole, 2020 Household Type Owner- Occupied
Households
Renter- Occupied
Households
Total % of Total
Households
Total Households 4,732 2,060 6,792
Female householder,
no spouse present,
with children under 18
93 2.0% 207 10.0% 300 4.4%
Female householder,
no spouse present,
without children
469 9.9% 281 13.6% 750 11.0%
Total Female-Headed
Households
562 11.9% 488 23.7% 1,050 15.5%
Source: US Census Bureau, American Community Survey 5-Year Data (2016-2020), Table B25115.
In Pinole, only 1 percent of female-headed households (11 households) are below the poverty line. All of those 11 households have children under age 18 present. All femaleheaded households without children are above the poverty line. About 3 percent of all female-headed households with children under 18 are below the poverty line. This is significantly lower than the female-headed household poverty rate in Contra Costa County (17 percent for those female-headed households without children and 25 percent for those with children). 7
7 US Census Bureau, American Community Survey 5-year Data (2016–2020), Table B17010. 434 of 677
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Table 39: Female-Headed Households by Poverty Status in Pinole, 2020 Household Type Income Below
Poverty Level
Income Above Poverty
Level
Total % of Total
Households
Total Households 308 6,484 6,792
Female householder,
no spouse present,
with children under 18
11 3.6% 1,039 16.0% 1,050 15.5%
Female householder,
no spouse present,
without children
159 51.6% 887 13.7% 1,046 15.4%
Total Female-Headed
Households
170 55.2% 1,926 29.7% 2,096 30.9%
Source: US Census Bureau, American Community Survey 5-Year Data (2016-2020), Table B17017.
Homelessness
Data on homelessness in Contra Costa County is based on the 2022 Point-in-Time (PIT) information provided to HUD by the Richmond/Contra Costa County Continuums of Care (CoCs) in the application for CoC Homeless Assistance Programs. The PIT Count provides a count of sheltered and unsheltered homeless persons on a single night during the last ten days in January. A follow-up survey sampling of unsheltered and sheltered individuals is conducted two weeks following the count.
As shown in Table 40, Contra Costa County had an estimated homeless count of 2,295 persons (668 are sheltered and 1,627 unsheltered). Of these homeless, 319 people (13.9 percent) were in households with adults and children under 18.
Table 40: Homelessness by Household Type and Shelter Status, Contra Costa County Variable People in
Households
Composed Solely of
Children Under 18
People in
Households with
Adults and Children
People in
Households without
Children Under 18
Sheltered - Emergency Shelter 0 159 359
Sheltered - Transitional Housing 0 32 118
Unsheltered 0 128 1,499
Source: US Department of Housing and Urban Development, Continuum of Care Homeless Populations and Subpopulations Reports (2019) Figure 8 analyzes the race of the homeless population and shows that the White population makes up the greatest share of the homeless population (45 percent) followed by Black people (34 percent). The Black or African American population and American Indian or Alaskan Native population are disproportionately affected by homelessness, as these groups make up a relatively large share of the homeless population despite making up a small share of the overall population.
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Figure 8: Racial Group Share of General and Homeless, Contra Costa County, 2019 Source: US Department of Housing and Urban Development, Continuum of Care Homeless Populations and Subpopulations Reports (2019); US Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B01001(A-I).
Figure 9 shows that 16.6 percent of the homeless population is Hispanic/Latinx. 14.47% 3.09%33.77%45.01% 3.66% 0.48% 17.21%8.72% 55.85%
17.74%
0%
10%
20%
30%
40%
50%
60%
American
Indian or Alaska
Native
(Hispanic and
Non-Hispanic)
Asian / API
(Hispanic and
Non-Hispanic)
Black or African
American
(Hispanic and
Non-Hispanic)
White (Hispanic
and NonHispanic)
Other Race or
Multiple Races
(Hispanic and
Non-Hispanic)
Percent of Population
Share of Homeless Population Share of Overall Population 436 of 677
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Figure 9: Latinx Share of Homeless Populations, Contra Costa County, 2019 Source: US Department of Housing and Urban Development, Continuum of Care Homeless Populations and Subpopulations Reports (2019); US Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B01001(A-I).
Table 41 shows some of the unique challenges that persons experiencing homelessness in Contra Costa face. Of the 2,295 homeless persons counted, 22.6 percent suffer from severe mental illness, 21.5 percent contend with chronic substance abuse, 5 percent are veterans, 5 percent are victims of domestic violence, and 0.4 percent live with HIV/AIDS.
Table 41: Characteristics of Persons Experiencing Homelessness, Contra Costa County, 2019 Variable Chronic
Substance
Abuse
HIV/AIDS Severely
Mentally Ill
Veterans Victims of
Domestic
Violence
Sheltered - Emergency Shelter 86 4 128 25 28
Sheltered - Transitional Housing 31 1 27 14 6
Unsheltered 377 4 364 75 80
Percent of Total 21.5% 0.4% 22.6% 5.0% 5.0%
Source: US Department of Housing and Urban Development, Continuum of Care Homeless Populations and Subpopulations Reports (2019) Notes: These challenges/characteristics are counted separately and are not mutually exclusive, as an individual may report more than one challenge/characteristic. These counts should not be summed.
16.56%
83.44%
25.42%
74.58%
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
70.00%
80.00%
90.00%
Hispanic/Latinx Non-Hispanic/Latinx
Percent of Population
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Table 42 shows a count of individuals that were identified as unsheltered in West Contra Costa County during the January 2022 Point In Time Count (PITC). Pinole had 53 unsheltered individuals, a significant increase from 3 in 2019. West Contra Costa County saw a large increase in the unsheltered population from 510 in 2019 to 877 in 2022.
Table 42: Homeless Population—Unsheltered Individuals in West Contra Costa County Homeless Population 2019 Unsheltered
Population
2022 Unsheltered
Population
Pinole 3 53
Crockett 12 6
El Cerrito 8 31
El Sobrante 16 13
Hercules 1 0
North Richmond 38 31
Richmond 333 632
Rodeo 41 27
San Pablo 58 84
West County Total 510 877
Source: Contra Costa Health Services. 2022 Homeless Point-In-Time Count and Survey.
According to California Department of Education Enrollment Data shown in Table 43, over the 2019-2020 academic year, 2,209 students in Contra Costa County experienced homelessness, and 99 of those students were in Pinole. The California Department of Education considers students to be homeless if they are unsheltered, living in temporary shelters for people experiencing homelessness, living in hotels/motels, or temporarily doubled up and sharing the housing of other persons due to the loss of housing or economic hardship. Student homelessness increased in Pinole between the 2018-19 and 2019-20 academic years by 15 students (18 percent) despite having decreased countywide by 365 students (14 percent) over the same period.
Table 43: Students in Local Public Schools Experiencing Homelessness Geography 2016-17 2017-18 2018-19 2019-20
Pinole 68 84 84 99
Contra Costa County 2,116 2,081 2,574 2,209
Bay Area 14,990 15,142 15,427 13,718
Source: California Department of Education, California Longitudinal Pupil Achievement Data System, Cumulative Enrollment Data (Academic Years 2016-2017, 2017-2018, 2018-2019, 2019-2020).
Notes: Totals reflect the number of unduplicated primary and short-term enrollments within the academic year (July 1 to June 30) in public schools. The data used for this table was obtained at the school site level, matched to a file containing school locations, geocoded and assigned to jurisdiction, and finally summarized by geography. 438 of 677
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Resources
There are a number of regional programs available in close proximity to Pinole to assist persons experiencing homelessness. To help meet the special needs of the homeless, the Contra Costa Crisis Center operates a 24-hour homeless hotline that connects homeless individuals and families to resources available in the County. Through the center, homeless persons are given emergency motel vouchers, provided free voicemail boxes, and referred to local service programs, including housing assistance, job training, substance abuse treatment, counseling, and emergency food, health care, and other vital services.
Table 44 lists facilities with various programs designed for people experiencing homelessness.
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Table 44: County Homeless Facilities
Agency Name Program Name
Interim Housing (Emergency Shelters)
Bay Area Community Services Don Brown Shelter
Bay Area Rescue Mission Men's Emergency Shelter
Bay Area Rescue Mission Women and Families Shelter
Berkeley Food and Housing Project Central County Warming Center Contra Costa Health Services Homeless Program Brookside Adult Interim Housing Contra Costa Health Services Homeless Program Brookside Adult Interim Housing for Veterans Contra Costa Health Services Homeless Program Calli House Youth Shelter Contra Costa Health Services Homeless Program Concord Adult Interim Housing Contra Costa Health Services Homeless Program Philip Dorn Respite Center Contra Costa Health Services Homeless Program Philip Dorn Respite Center for Veterans Greater Richmond Interfaith Program Emergency Shelter
Greater Richmond Interfaith Program West County Warming Center Interfaith Council of Contra Costa Winter Nights Shelter SHELTER, Inc. Mountain View House
STAND for Families Against Violence Emergency Shelter
Trinity Center Trinity Winter Shelter
Transitional Housing
Bay Area Rescue Mission Men's Transitional Housing Program Bay Area Rescue Mission Women & Family Transitional Housing Bi-Bett Corporation Uilkema House
Contra Costa Health Services Homeless Program Appian House: Youth Contra Costa Health Services Homeless Program Pomona Apartments SHELTER, Inc. Casa Verde
STAND STAND for Families Against Violence
STAND STAND Transitional Housing
Source: Contra Costa Health Services: Health, Housing, and Homeless Services Division, Annual Point-in-Time Count Report, August 2020, Appendix A.
The City will continue to prioritize its limited resources to support affordable housing solutions affordable to those with extremely low, very low, and low incomes, particularly those who may experience homelessness or are at risk of losing access to permanent housing.
Emergency shelters are defined by the California Health and Safety Code Section 50801 as “housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied 440 of 677
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emergency shelter because of an inability to pay.” The City Zoning Ordinance allows the development of emergency shelters by right in the Office Industrial Mixed Use zone.
Persons with Disabilities
People living with disabilities may have a wide range of housing needs, depending on the type and severity of their disability. Housing affordability is a major concern for individuals with disabilities, particularly for those whose disability impacts their income earning potential. Design accommodations to navigate within the home and to/from the residence are another challenge for persons with disabilities. Access often requires specially designed dwelling units that include features such as wider doorways, ramps in place of stairs, and elevators for units with multiple stories. These modifications have the potential to be expensive and are not usually found in older dwelling units. Ongoing enforcement of the City's Building Code ensures that new construction will be accessible to disabled persons, though all units may not have all the features needed by specific individuals. Additionally, housing with adequate access to public facilities and public transit are important for this special needs group.
The US Census Bureau categorizes disabilities as follows:
• Hearing difficulty: deaf or has serious difficulty hearing • Vision difficulty: blind or has serious difficulty seeing even with glasses • Cognitive difficulty: has serious difficulty concentrating, remembering, or making decisions
• Ambulatory difficulty: has serious difficulty walking or climbing stairs • Self-care difficulty: has difficulty dressing or bathing • Independent living difficulty: has difficulty doing errands alone, such as visiting a doctor’s office or shopping
Based on the 2016-2020 American Community Survey, there are 2,389 individuals, or 12.4 percent of the population, living with at least one form of disability in Pinole. This is slightly higher than the County where 11.2 percent of the population has a disability.8Further information about the type of disabilities residents experience and how it compares to Contra Costa County is illustrated in Figure 10.
8 Source: US Census Bureau, American Community Survey 5-Year Data (2016-2020), Table C18108. 441 of 677
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Figure 10: Disability by Type
Source: US Census Bureau, American Community Survey 5-Year Data (2016-2020), Table S1810.
Notes: These disabilities are counted separately and are not mutually exclusive, as an individual may report more than one disability. These counts should not be summed.
Compared to the County, Pinole has a larger share of the population experiencing each type of disability. Ambulatory and independent living disabilities are the most prevalent, at 8.4 percent and 7.9 percent, respectively, see Figure 10.
Table 45 shows the elderly population in the City and County and their disability status. In Pinole, 8 percent of people aged 65 and above have one type of disability and 16 percent have two or more disabilities. Twenty-five percent of the elderly population in Pinole experiences at least one type of disability, which is lower than the County’s 31 percent.
However, the rate of elderly persons experiencing a disability is twice that of the citywide disability rate of 12.4 percent.
8.4%
7.9%
6.3%
3.8% 3.6%
2.6%
5.7%
5.4%
4.7%
2.4%
3.1%
1.9%
0%
1%
2%
3%
4%
5%
6%
7%
8%
9%
With an
ambulatory
difficulty
With an
independent
living difficulty
With a
cognitive
difficulty
With a self-care
difficulty
With a hearing
difficulty
With a vision
difficulty
Proportion of Adult Population Reporting Disability
Type
Pinole Contra Costa County
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Table 45: Elderly People with Disabilities
Disability Status # of Elderly
People with a
Disability
% of
People Age 65+
(total 4,169)
# of Elderly
People with a
Disability
% of People
Age 65+
(total 178.981)
Pinole Contra Costa County
1 type of disability 354 8% 24,799 14%
2+ types of disability 680 16% 31,425 18%
Total Elderlywith a Disability 1,034 25% 56,224 31%
Source: US Census Bureau, American Community Survey 5-Year Data (2016-2020), Table C18108.
Persons with Development Disabilities
A subgroup of disabled residents is those who are developmentally disabled. Many developmentally disabled persons are able to live and work independently. However, more severely disabled individuals require a group living environment with supervision, or an institutional environment with medical attention and physical therapy. Because developmental disabilities exist before adulthood, the first housing issue for the developmentally disabled is the transition from living with a parent/guardian as a child to an appropriate level of independence as an adult. In Pinole, an estimated 146 individuals have a developmental disability, of which 81 individuals (55 percent) are under age 18.9 The California Department of Developmental Services (DDS) currently provides communitybased services through 21 community-based nonprofit corporations known as regional centers. The regional centers serve as a local resource to help find and access services and support available to individuals and families once eligibility is determined. The Regional Center of the East Bay provides service to developmentally disabled individuals throughout Contra Costa and Alameda counties. According to the California Department of Developmental Services, as of December 2019, the Regional Center of the East Bay served 21,009 residents with developmental disabilities in the region. Table 46 displays the breakdown of type of developmental disabilities served at the Regional Center. The largest populations served are those with an intellectual disability (43 percent) followed by autism (40 percent).
9 California Department of Developmental Services, Consumer Count by California ZIP Code and Age Group (2020), as referenced in ABAG 2023-2031 Housing Element Data Package, Table DISAB-04.) 443 of 677
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Table 46: Developmental Disability by Type, 2019
Regional Center of the East Bay
Developmental Disability Individuals Percent
Autism 8,459 40%
Cerebral Palsy 2,426 12%
Epilepsy 2,368 11%
Intellectual Disability 9,127 43%
Other 3,367 16%
Total* 21,009 N/A
Source: California Department of Developmental Service (December 2019), Consumers by Diagnosis and Regional Center. *People may have more than one type of disability, so individual disability categories will not sum to total.
A number of housing types are appropriate for people living with a developmental disability, including rent-subsidized homes, licensed single-family homes, and homes available through the Housing Choice Voucher program, Program 20. The design of housing accessibility modifications, the proximity to services and transit, and the availability of group living opportunities represent some of the considerations that are important in serving this group. Incorporating barrier-free designs in all new multifamily housing, as required by California and federal fair housing laws, along with affordability, is especially important in housing for disabled residents.
Elderly Persons
The US Census defines persons 65 years of age and older as elderly. Pinole’s elderly population has special housing needs associated with affordability, maintenance, and upkeep of their homes, as well as physical access. Elderly persons are more likely to have fixed incomes and have a substantial portion of their financial resources in non-liquid assets, such as property. They often spend a higher percentage of their income on food, housing, medical care, and personal care comparative to non-elderly persons. Elderly persons may have special needs related to housing location and construction. Because of limited mobility, elderly persons typically need closer access to medical services, shopping, public transit, and other amenities. In terms of housing construction, elderly persons may need ramps, handrails, elevators, lower cabinets and counters, and special security devices to allow for greater self-protection. In addition, the elderly may require assistance with housekeeping, maintenance, and repairs to remain in their own homes for as long as possible. Special consideration should be given for recreational and social amenities for the elderly.
As shown in Table 47, an estimated 22 percent of the City’s population (4,174 persons) was at least 65 years old in 2020. The percentage of the population that is elderly has steadily been increasing since 1990. Between 2010 and 2020, 1,326 additional people fit the definition of elderly. Table 6 provides a more detailed breakdown of population growth by specific age categories, revealing that the largest percentage increase in population belonged to the 65-74 age group (78.3 percent increase or 1,219 individuals). 444 of 677
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Table 47: Elderly Population, 1990–2020
1990 2000 2010 2020
65 years and over 1,723 2,456 2,848 4,174
Total Population 17,460 19,039 18,390 19,343
Percent of Total 10% 13% 15% 22%
Source: US Census Bureau, Decennial Census (1990-2010). American Community Survey 5-Year Data (2016-2020), Table DP05.
According to the 2020 US Census data shown in Table 48, 35 percent of Pinole’s households are headed by one person aged 65 or over. This is higher than the 26 percent of Contra Costa County households.
Table 48: Householders by Age
Pinole Contra Costa County
Householder Age Households Percent Households Percent
15-24 years 54 0.8% 6,634 1.7%
25-34 years 2,003 29.5% 121,924 30.6%
35-64 years 2,381 35.1% 165,541 41.6%
65-74 years 1,424 21.0% 59,638 15.0%
75-84 years 635 9.3% 30,479 7.7%
85+ years 295 4.3% 14,083 3.5%
Total 6,792 100% 398,299 100%
Source: US Census Bureau, American Community Survey 5-Year Data (2016-2020), Table B25007.
As indicated in Table 49, the 2020 median household income for Pinole households with a householder aged 65 and older was $85,556, which is 14 percent higher than in Contra Costa County, at $75,172. The median income for all households regardless of age is $104,904 citywide and $103,997 countywide (a difference of less than 1 percent). The median income of the elderly population in Pinole is approximately $19,500 less (18 percent lower) than the median income citywide. The lower incomes of the elderly may partially be explained by the fact that elderly populations often live on a fixed income; tend to have a significant portion of their net worth tied up in non-liquid assets, such as property; and have a higher incidence of disability (see Table 45), which may affect earning potential.
Table 49: Median Household Income for Elderly Households (65+ Years) Householder Age Pinole Median Income Contra Costa County Median Income 65 Years and Older $85,556 $75,172
All Households $104,904 $103,997
Source: US Census Bureau, American Community Survey 5-Year Data (2016-2020), Table S1903.
Based on HUD’s 2014-2018 data CHAS data shown in Table 50, 39 percent of elderly households in Pinole are low income (below 80 percent of the area median family income).
Contra Costa County was nearly the same at 40 percent. According to 2020 US Census 445 of 677
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information, approximately 3 percent of Pinole’s seniors fell below the poverty line, compared to 3.7 percent citywide.10
Table 50: Income Distribution, Elderly Households (62+ Years)1 Income Pinole Contra Costa County
HUD Area Median Family Income (HAMFI) Number % Number % = 30% of HAMFI 310 10% 19,620 14%
> 30% - 50% of HAMFI 460 15% 18,185 13%
> 50% - 80% of HAMFI 440 14% 18,605 13%
> 80% - 100% of HAMFI 405 13% 13,530 10%
> 100% of HAMFI 1470 48% 72,225 51%
Total 3,085 100% 142,165 100%
Source: US Department of Housing and Urban Development (HUD, Comprehensive Housing Affordability Strategy (CHAS) data (2014-2018), Table 5.
1 HUD defines “elderly” as people aged 62 and up. However, the US Census Bureau defines “elderly” as people aged 65 and older.
Table 51 summarizes the housing problems experienced by elderly households in Pinole.
According to the 2014-2018 CHAS data, 31.6 percent of all elderly households experience some type of housing problem. This includes 48.7 percent of renters and 27.5 percent of owners. For households with at least one person 62 years and older, 81 percent resided in owner-occupied units and 19 percent resided in renter-occupied units.11 Table 51: Elderly Households by Housing Problems and Tenure, 2018 Housing Problem Type Elderly Owners Elderly Renters Total Elderly % of Elderly with any Housing Problem1 27.5% 48.7% 31.6% % of Elderly with Cost Burden (> 30%)2 26.0% 42.9% 29.2% % of Elderly with Severe Cost Burden (>50%)2 14.1% 32.1% 17.6% All Elderly Households 2,490 80.7% 595 19.3% 3,085 100% Source: 2014-2018 HUD CHAS data, Table 5 and Table 7.
1 The four housing problems are: incomplete kitchen facilities, incomplete plumbing facilities, more than 1 person per room, and cost burden greater than 30 percent.
2 Cost burden occurs when housing costs exceed 30 percent of household income. For renters, housing cost is gross rent (contract rent plus utilities). For owners, housing cost is "select monthly owner costs", which includes mortgage payment, utilities, association fees, insurance, and real estate taxes. Severe cost burden occurs when housing costs exceed 50 percent of household income.
The increasing number of elderly persons in the population is creating more demand for affordable, accessible, and low-maintenance housing. As residents age, they may desire alternatives to single-family units, opting for smaller multifamily units or assisted care living. 10 US Census Bureau, American Community Survey 5-year Data (2016–2020), Table S1701. 11 HUD CHAS Data (2014-2018), Table 5.
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Another option for seniors looking to downsize is accessory dwelling units, which could house seniors or their caregivers. Based on the demographic trends, the need for senior housing is considered a high priority.
Pinole Grove Senior Apartments at 800 John Street offers 70 affordable, one- and twobedroom senior apartments. Amenities include a community room, a landscaped courtyard, a library, and a hair salon. Units must be occupied by at least one resident who is at least 62 year of age or older. A minimum of 28 units are rent restricted to very low-income households (50 percent of AMI), and 41 units are restricted for moderate-income households (120 percent of AMI).
Westmont of Pinole (formerly Pinole Senior Village) provides independent living, assisted living, and memory care options for seniors. As of 2022, 31 moderate-income and 6 very lowincome beds are required to be maintained. In 2018, as a condition of the sale of the property, a covenant was recorded that allowed the owner to reduce the rent restricted units according to the schedule in Table 31. By 2028, there will not be any rent-restricted bed requirements at this facility. The owner cannot raise the rent on any rent-restricted beds and may only reduce restricted beds by voluntary vacation of such bed by an eligible tenant.
The Pinole Senior Center provides social, educational, recreational, health, nutritional, and consumer services and activities to more than 1,000 yearly participants. The Senior Center (2500 Charles Avenue) can be set up to serve as a cooling center during extreme heat events.
Per City guidelines, the Senior Center will be opened as a cooling center if the National Weather Service forecasts that Pinole will experience two consecutive days with high temperatures of 95 degrees or more and necessary staff is available. A need-based, no-cost annual membership is available to eligible seniors and is funded by donations from community members.
The City will address the needs of the elderly population through policies and programs that address affordability and special design guidelines for the elderly through Program 9 which includes participation in regional assistance programs, an aging in place low or no-cost building permit, and waiving park impact fees for developments with affordable senior units.
Extremely Low-Income Households
HUD defines extremely low-income households as those with income less than 30 percent of the HUD area median family income (HAMFI). Table 52 summarizes the housing problems experienced by extremely low-income householdsin Pinole. According to the 2014–2018 CHAS data provided by HUD, there are 555 extremely low-income households in Pinole, which represents about 8.3 percent of all households in the City. In 2018, 8.3 percent of Pinole households were in the extremely low-income category, which is a very slight decrease from 8.6 percent in 2013. Extremely low-income households comprise a smaller share of all households in Pinole compared to the County (12.3 percent of Contra Costa County households). About 47 percent of the extremely low-income households rented their dwelling units; 53 percent owned their dwelling.
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Table 52: Extremely Low-Income Households with Housing Problems, 2018 Extremely LowIncome
Renter-Occupied
Extremely LowIncome
Owner-Occupied
Extremely LowIncome
Total Households
Households with Income < 30% of HAMFI 260 295 555
with any Housing Problem1
220 165 385
with Cost Burden (> 30%)2
205 165 370
with Severe Cost Burden (>50%)2
165 155 320
Source: HUD Comprehensive Housing Affordability Strategy (CHAS) Data, 2014-2018, Summary Level Data for Pinole.
1. The four housing problems are: incomplete kitchen facilities, incomplete plumbing facilities, more than 1 person per room, and cost burden greater than 30 percent.
2. Cost burden occurs when housing costs exceed 30 percent of household income. For renters, housing cost is gross rent (contract rent plus utilities). For owners, housing cost is "select monthly owner costs," which includes mortgage payment, utilities, association fees, insurance, and real estate taxes. Severe cost burden occurs when housing costs exceed 50 percent of household income.
About one-third of all households in Pinole experienced at least one housing problem. Of the extremely low-income households in Pinole, 69.4 percent experienced at least one type of housing problem, with renters higher at 84.6 percent and owners at 55.9 percent. Housing problems for extremely low-income households are a regional issue, and Pinole fares better than the County overall, which has a rate of 80.1 percent. Based on 2018 HUD CHAS data, an estimated 40 extremely low-income households in Pinole lack complete plumbing or kitchen facilities.12 However, many of these households may live in units without complete kitchens, but who received provided meals. ACS 2018 data show 84 housing units lacking complete kitchen facilities, but 75 of those had meals included in rent (only 9 housing units are without a kitchen and without meals provided.)13
Extremely Low-Income Households and Overpayment
About 66.7 percent of extremely low-income households were paying more than 30 percent of their income on housing costs, regardless of tenure type. About 55.9 percent of extremely low-income homeowners and 78.8 percent of renters are overpaying. There was also a high rate of households suffering from a severe cost burden (paying more than 50 percent of their incomes on housing). This was the case for about 57.7 percent of all extremely lowincome households (52.5 percent for extremely low-income owners and 63.5 percent of extremely low-income renters). All these characteristics occurred at a much higher rate among extremely low-income households than in the City as a whole. At least 28.7 percent of all households in Pinole were overpaying, and 12.7 percent were severely overpaying. The 12 HUD CHAS Data (2014-2018), Table 3.
13 US Census Bureau, American Community Survey 5-year Data (2014–2018), Table B25054. 448 of 677
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County’s extremely low-income households experience a cost burden at a rate of 79 percent and an extreme cost burden at a rate of 65.9 percent.
Extremely Low-Income Households and Overcrowding
In addition to the overpayment problems mentioned above, Pinole’s extremely low-income households have an overcrowding problem, though it is not as widespread as the overpayment problem. Overcrowding is defined as more than 1.0 occupant per room (excluding kitchens, bathrooms, and garages). According to 2014-2018 HUD estimates in Table 29, 421 of all households in Pinole (regardless of income level or tenure) were living in overcrowded conditions, which represents about 6.3 percent of the total 6,670 households in the City. Examining only the 555 extremely low-income households in the City, 7.0 percent (39 households) experience overcrowding. Overcrowding only affected the extremely lowincome renters even though 53.2 percent of extremely low-income households are owner occupied. The rate of severe overcrowding among extremely low-income renters is over four times higher in Pinole than it is countywide (13.5 percent in the City and 3.0 percent in the County.) Extremely low-income renters in Pinole are disproportionately affected by overcrowded living conditions. This indicates a need for larger affordable rental units.
Pinole households with incomes less than 30 percent of the AMI are significantly more affected by housing problems than other income groups. The needs of extremely lowincome households include housing units designed for transient/homeless populations, multifamily rental housing, factory-built housing, mobile homes, supportive housing, singleroom occupancy units, and workforce housing.
Summary of Housing Needs
Pinole’s overarching housing needs include addressing high housing costs; accommodating demographic age shifts; diversifying the housing stock; and giving consideration to these special needs groups:
• Elderly (35% of households)
• People with disabilities (12% of population)
o Ambulatory disabilities (8.4% of adults)
o Independent living disabilities (7.9% of adults)
• Large households (12% of households)
• Extremely low-income households (8.3% of households)
High Housing Costs
High housing costs in Pinole are representative of a regional and statewide issue. Home values have increased steadily since 2012. The median rental price has increased 30 percent since 2015 (see Table 24). In Pinole, 2,768 households (42 percent) experience some form of 449 of 677
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overpayment, with 849 households (13 percent) experiencing severe overpayment.
Overpayment is especially problematic for extremely low-income households, 66.7 of whom experience housing cost burden and 57.7 percent experience a severe cost burden. A high rate of overcrowding is seen among extremely low-income renters (15 percent of these households are overcrowded and 13.5 percent are severely overcrowded). Renters earning 50-80% of the HUD AMI are another group with high overcrowding (19 percent of these households are overcrowded).
Demographic Age Shifts
Planning for an aging population is of utmost importance. In 2020, 22 percent of Pinole’s population was 65 years old or older (see Table 6). About 35 percent of households are headed by a resident over 65 years old (see Table 48). Housing to accommodate seniors may take the form of age-restricted developments, smaller units, multifamily housing, ADUs, and housing with increased support services and proximity to healthcare. Universal design practices should be implemented with new construction, given that a high proportion of elderly persons experience some form of disability, particularly ambulatory disabilities.
Affordability should be prioritized. The median income for elderly in Pinole is $19,500 less (18 percent lower) than the median income citywide. About 39 percent of elderly households are low income and 30 percent of households moved into their home prior to 1989 (30 years ago). This suggests a need for low-income housing repair assistance to help seniors in aging housing stock retrofit to age in place. Program 8 includes a fee waiver that would provide low or no-cost building permits to age-qualified, ELI households, and disabled households to make improvements to their home for universal design.
Another age group to plan for is the 25-34 year age group. This group had the largest population increase out of all age groups between 2010 and 2020 and now comprises 18 percent of the population (see Table 6). About 30 percent of households have householders aged 25-34 (see Table 48). This group would benefit from having a greater supply of smaller housing units, multifamily housing, ADUs, more affordable rental units, and housing designed for the first-time homebuyer. Because this age group has a higher propensity to start families, a portion of housing production for this demographic should set aside larger units as well.
The under age 14 population in Pinole declined by 28 percent between 2000 and 2020. The 0-4-year age group decreased 19.8 percent and the 5-14 age group decreased by 31.2 percent over that time. Although the rate of decline of the population under age 14 tempered between 2010 and 2020 to just 6 percent, these long-range trends are markedly different than the County trends. In the County, the 0-4 year age group decreased by 0.1 percent and the 5-14 age group increased by 1.3 percent between 2000 and 2020. Average household size and average family size have decreased in Pinole since 2010 despite having increased in the County. These shifting demographics may indicate that as families grow, they are priced out of the housing market, or Pinole families are choosing to have fewer children, or a combination of both. To plan for an inclusive community that includes families with children, 450 of 677
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the City may consider emphasizing family-friendly housing practices. This could take many forms including affordable-by-design multifamily housing, rent-restricted units for a variety of income levels, and ensuring a portion of new rental housing has larger, multi-bedroom units.
Special Needs Groups
In addition to the special needs of elderly and extremely low-income households mentioned above, people with disabilities and large households are other special needs groups that make up a considerable share of the population and/or households. People with disabilities make up 12.4% of population—with ambulatory (8.4%) and independent living (7.9%) disabilities being the most prevalent—and have very similar housing needs as elderly persons.
Large households (those with 5 or more people) make up 12 percent of all households in Pinole. Over a third (34 percent) of large households experience a cost burden. Pinole has a slightly higher proportion of 5-or-more-person households than the state or County. These factors suggest a need for larger units. Table 37 shows that 34 percent of large households experience a cost burden and 6 percent experience a severe cost burden. Large households that rent have over twice the rate of overpayment (52 percent) than large homeowner households (24 percent).
Diversifying Housing Stock
About 70 percent of Pinole’s housing stock is single-family homes, and 70 percent of housing units are owner-occupied. Introducing a variety of housing building types and more rental housing opportunities would facilitate a more inclusive community. Examples include agerestricted developments, smaller affordable-by-design units, multifamily housing, ADUs, universal design practices to accommodate those with disabilities, and housing with increased support services.
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Constraints on Housing
The provision of adequate and affordable housing opportunities is an important goal of the City. However, a variety of factors can constrain the development, maintenance, and improvement of housing. This section describes these constraints, including private market forces, governmental codes and regulations, and the physical and natural environment, and analyzes the impact on the production and preservation of housing.
Governmental Constraints
Potential governmental constraints include, but are not limited to, growth management measures, land use controls, development standards, building codes, processing fees and procedures, exactions, property taxes, and site improvement costs. Governmental constraints can limit or deter the operations of the public, private, and nonprofit housing development sectors, making it difficult to meet the demand for housing and limiting supply in a region. Such constraints can limit access to housing for various ethnic, racial, or social groups, or prevent lower-income households from having adequate housing opportunities.
The City of Pinole has the authority to regulate the location, base density, and type of residential development that occurs within the City. This authority is asserted in several ways, including land use controls, site improvement requirements, fees and exactions, permit processing procedures, and other factors that may influence the development, maintenance, and improvement of housing. Like all local jurisdictions, the City of Pinole has a number of procedures, fees, and regulations it requires developers to follow. Additionally, like any agency, the City is constrained by resource availability and other factors beyond its control. Below is a summary of key issues.
Land Use Controls
The City of Pinole sets forth policies to guide new development and the use of land within the City limits through its General Plan. These policies, in conjunction with the Three Corridors Specific Plan (2010) and Zoning Ordinance, control the amount and distribution of land allocated for different uses within the City and how this land can be developed. 452 of 677
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General Plan
The City of Pinole adopted an updated General Plan in October 2010. The General Plan is a comprehensive, long-range general policy document that expresses the community’s vision and establishes five key topics: Sustainability, Priority Development Areas, Economic Development, Recreation and Resources, and Housing. The General Plan Vision identifies Housing as a key topic and states the City will need diverse housing opportunities for people who work and live in Pinole and the region. The Land Use and Economic Development Element of the General Plan identifies the location, distribution, density, and intensity of land use within the City.
The City completed a comprehensive Zoning Ordinance update to correspond with the adopted General Plan in 2010; the Three Corridors Specific Plan adopted with the General Plan established new standards and guidelines for development around Specific Plan corridors consisting of San Pablo Avenue, Pinole Valley Road, and Appian Way. These regulations establish the base considerations and standards for land uses and development within the City. Adopted base densities for residential uses are included in the analysis of the sites discussed in the Sites Section.
The General Plan identifies five residential land use designations, as follows:
R – Rural (0.0 to 0.2 dwelling unit per acre). Includes sites where development shall be Figure 11: General Land Use Map
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clustered to preserve at least 90% of the property in a natural condition and predominantly free of development to protect visual and environmental resources. This designation is typical for sites that are characterized by steep slopes, contain environmental resources, have visual significance in the community, are integral to riparian systems, or which have been identified as having limited development potential due to service delivery constraints.
These parcels also create opportunities for urban agriculture uses, including agricultural parks and specialty crop farming. Other uses, such as telecommunications facilities, solar collectors, and wind energy conversion systems, may be considered provided they are designed to preserve the natural landscape. These areas help preserve remaining natural landscapes. In certain areas of the city, they can also provide open space buffers between Pinole and neighboring communities, serve as fire breaks, provide connections between neighborhoods and recreational areas, and may provide an educational resource.
LDR - Low Density Residential (0.21 to 1 dwelling unit per acre). Includes sites located adjacent to open space areas or near environmental resources where it transitions to residential land uses. This designation is typical of sites where larger lot sizes are appropriate to ensure flexible siting and design to maintain scenic and environmental resources.
SR - Suburban Residential (1.1 to 10 dwelling units per acre). Provides for single-family development that is typical of most residential areas of the City. This is the single largest residential category.
MDR - Medium Density Residential (10.1 to 20 dwelling units per acre). Intended for attached dwelling units, typically two or three stories, which include on-site usable open space. Medium Density Residential land use would include townhomes, apartments, condominiums and planned unit developments.
HDR - High Density Residential (20.1 to 35 dwelling units per acre). Provides for higher density multifamily areas, typically two or three stories, usually located near transit corridors or arterial roadways and located in close proximity to commercial services.
The General Plan describes Specific Plan land use designations as follows:
SSA - Service Sub-Area (10.1 to 50.0 dwelling units per acre). The Service Sub-Area is intended to maintain and enhance existing land uses while providing land use flexibility and incentives to encourage new private investment and additional development. Each service sub-area is described as follows.
San Pablo Avenue: Preserve land for manufacturing and industrial uses, particularly “green industry.” A limited amount of general office, retail and residential uses may be permitted where they will not conflict with the principal industrial uses in the area.
Pinole Valley Road: Maintain and increase existing employment opportunities and encourage new housing opportunities while accommodating commercial uses that serve residents through mixed-use development. This is a transitional area that serves residential 454 of 677
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neighborhoods in Pinole Valley and serves as a gateway immediately south of the historic Old Town.
Appian Way: Maintain and enhance the regional gateway area into Pinole and capitalize on freeway access to upgrade existing development and attract a desirable mix of commercial services and residential uses.
OTSA - Old Town Sub-Area (10.1 to 50.0 dwelling units per acre). The Old Town Sub-Area will maintain and enhance the residential, commercial and mixed-use character, scale and style of Old Town Pinole. All types of commercial and residential uses as either a single use or in combination with other allowable commercial and residential uses are allowed within this area, at intensities that preserve the character of Old Town Pinole. The designation is intended to encourage ground-floor, pedestrian-friendly retail sales and service uses with upper floors of office and/or residential uses. Residential uses may include single-family and multi-family residential uses.
MUSA - Mixed-Use Sub-Area (10.1 to 50.0 dwelling units per acre). The Mixed-Use SubArea encourages mixed residential and commercial development that is united by transit and pedestrian improvements, parks and public spaces. This land use designation allows all types of commercial and residential uses as either a single use or in combination with other allowable commercial and residential uses at densities and intensities that support transit service. The designation is intended to encourage ground floor, pedestrian-friendly retail sales and service uses with upper floors of office and residential uses. Residential uses may include single-family and multi-family residential uses.
The density and intensity ranges for the Three Corridors Specific Plan Area land use categories are shown in Table 53. Development incentives are granted for a project where the project promotes transit-oriented development (TOD) objectives or other City objectives as identified in a Specific Plan, the Redevelopment Plan, or approved planned development, or through any other similar planning document adopted for the area. Incentives may include increased density, reduced parking, greater building height, or other deviations from regular zoning standards.
Table 53: Three Corridors Specific Plan Areas Development Densities and Intensities Sub-Area Density (du/acre)
Normal (max) With TOD Incentives (max)
Mixed-Use 35 50
Old Town 35 50
Service 35 50
Source: City of Pinole General Plan
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Three Corridors Specific Plan
The Three Corridors Specific Plan expands upon the vision of the sub-area land use designations provided in the General Plan (SSA, OTSA, and MUSA) for each of the three corridors within the Specific Plan. The document establishes the allowable land uses and development standards within each of the three corridors. Development standards include the establishment of standard and special building height requirements, provision of height exceptions, building placement/setback requirements, allowed frontage types, allowed building types, and allowable parking types. Where a standard is not addressed in the Specific Plan, the standard from the Zoning Ordinance would apply. Where there are conflicts in allowable uses and standards between the Specific Plan and Zoning Ordinance, the Specific Plan would govern.
Development Standards
In general, the City's Zoning Ordinance (Title 17 of the Pinole Municipal Code) establishes development standards for new development, such as densities, height, parking, and setbacks, to implement the development envisioned in the General Plan. The Three Corridors Specific Plan contains development standards applicable when a property is located within the Specific Plan area. As with other cities, Pinole’s development standards and requirements are intended to protect the long-term health, safety, and welfare of the community while implementing the goals and policies of the General Plan and Specific Plan.
Table 55Table 55
Height Limits
The City has one type of height limit in residential districts: a maximum height measured from finished grade to the top of the roof or parapet walls. Height limits in the R, R-1, R-2, and R-3 is 35 feet and 20 feet in the LDR district. For the R-4 and mixed-use zones (RMU, CMU, OIMU), the height limit is 50 feet. The height limits do not constrain development from reaching their prescribed General Plan densities.
For development located within the Three Corridors Specific Plan area, the height standards are based on the corridor and the sub-area designation, as provided in Table 54. 456 of 677
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Table 54: Three Corridors Specific Plan Height Standards Corridor Sub-Area
Old Town Mixed Use Service
San Pablo Avenue* 40 feet or 3 stories 50 feet or 4 stories 50 feet or 4 stories Pinole Valley Road* 40 feet or 3 stories 50 feet or 4 stories n/a Appian Way** n/a 35 feet or 4 stories 75 feet or 6 stories * Step back at a 45 degree angle above the second story when adjacent to single family home/zone with 35 foot height limit, or above the third story when across the street from single family home/zone with 35 foot height limit or less. ** Height is limited to 35 feet where development is located within 60 feet of an existing single family home or zone with a height limit of 35 feet of less.
Setbacks
All residential zones have setbacks, which are the minimum distances between a structure and a lot line. Setbacks in Pinole vary between the residential zones depending on density.
The lower density (LDR and R-1) zones are largely uniform, with 20-foot front setbacks, 5- to 10-foot side setbacks, and 20-foot rear setbacks. The medium to higher density (R-2, R-3, R4) have 0-foot front setbacks, 5-foot side setbacks, and 15-foot rear setbacks. Mixed use zones (RMU, CMU, OPMU, and OIMU) have 0-foot front and side setbacks with 15-foot rear setbacks, with OPMU and OIMU having 10-foot side setbacks. While all setbacks reduce the amount of land that is developable on a site, the setbacks do not constrain projects from reaching the maximum housing density in a zone.
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Table 55: Primary Building Development Standard for City of Pinole Base Zoning Districts District
Lot
Area
(min sq
ft)
Setback (minimum distance between
structure and property line)
Building
Height
(max ft)
Allowed Density
(units/acre)
Front
Yard
Side
Yard
Side
Yard for
Second
Story
Street
Side
Yard
Rear
Yard Min Max
R 5 ac. 1 30 15 15 20 30 30 15 15
LDR 43,560 20 102 15 154 204 20 102 15
R-1 6,000 20 5
3 12 104 204 35 53 12
R-2 3,000 0 5 10 10 15 35 5 10
R-3 1,500 0 5 5 10 155 35 5 5
R-4 N/A 0 5 5 10 155 50 5 5
RMU N/A 0 0 0 10 155 50 20.1 35.0
CMU N/A 0 0 0 10 155 50 20.1 30.0
OPMU N/A 0 10 10 10 155 50 N/A N/A
OIMU N/A 0 10 10 10 155 50 N/A N/A
Source: City of Pinole Municipal Code 17.24.020
Notes:
1. The approving authority may approve lots less than five (5) acres in size and reduced setbacks for clustering of units to preserve open space or other resources as part of comprehensive design review.
2. The combined side yard setbacks shall not be less than twenty (20) feet.
3. Within required side yards, at least one (1) side shall provide four (4) feet of unobstructed surface to allow unobstructed access between the front and rear yards.
4. Listed setback distance or twenty percent (20%) of lot width in side yard and twenty percent (20%) of lot depth in rear yard, whichever is less.
5. If abutting non-residential property, there is no minimum rear yard setback.
For development located within the Three Corridors Specific Plan area, setback standards are based on the corridor and the sub-area designation, as provided below.
Table 56: Three Corridors Specific Plan Setback Standards Corridor Setback
Sub-Area
Old Town Mixed Use Service
San Pablo
Avenue*
Build to Front Line 0-5 feet 0-10 feet 0-5 feet
Minimum Side Yard 0 feet, except 15 feet
if abutting residential
0 feet, except 15 feet
if abutting
residential
0 feet, except 15 feet
if abutting
residential
Minimum Rear Yard 5 feet, except 15 feet
if abutting residential
0 feet, except 15 feet
if abutting
residential
0 feet, except 15 feet
if abutting
residential
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Corridor Setback
Sub-Area
Old Town Mixed Use Service
Pinole
Valley
Road*
Build to Front Line 0-5 feet n/a 0-5 feet
Minimum Side Yard 0 feet, except 15 feet
if abutting residential
n/a 0 feet, except 15 feet
if abutting
residential
Minimum Rear Yard 5 feet, except 15 feet
if abutting residential
n/a 0 feet, except 15 feet
if abutting
residential
Appian
Way**
Build to Front Line n/a 0-10 feet 0-5 feet
Minimum Side Yard n/a 0 feet, except 20 feet
if abutting
residential
0 feet, except 20 feet
if abutting
residential
Minimum Rear Yard n/a 0 feet, except 20 feet
if abutting
residential
0 feet, except 20 feet
if abutting
residential
* Step back at a 45 degree angle above the second story when adjacent to single family home/zone with 35 foot height limit, or above the third story when across the street from single family home/zone with 35 foot height limit or less. ** 35 foot height limit within 60 feet of side or rear property line when adjacent to single family home/zone with 35 foot height limit.
Parking
The Pinole Municipal Code Chapter 17.48 establishes parking standards for various types of land uses, including residential development. High parking requirements can reduce the potential land available for development and increase the cost of development. The minimum parking requirements for residential developments in Pinole are shown in Table
57. Chapter 17.48 also provides for reduced parking and shared parking through the Conditional Use Permit process with approval by the Planning Commission. The parking requirements for Pinole have not been a constraint to multi-family and below market-rate developments. In particular, larger multifamily projects have been subject to the City’s inclusionary housing requirements and have been eligible for reduced parking under State Density Bonus law. Additionally, the context of some development projects (e.g., senior housing development with reduced parking need or location of a project allowing for shared parking) have allowed for further flexibility in meeting parking need unique to specific characteristics of a project. The parking requirements have not been a constraint to residential development.
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Table 57: Parking Requirements by Land Use
Land Use Type Required Parking Spaces
Residential Uses
Boarding and
Rooming Houses
1 space per family (based on designed
capacity) plus 0.8 spaces/employee during the
peak employment shift and 0.8 spaces per fulltime resident staff Dwelling, SingleFamily - studio1 space per dwelling unit (garage enclosed or covered)
Dwelling, SingleFamily - one bedroom2 spaces per dwelling unit (garage enclosed or covered), tandem parking spaces permitted
Dwelling, SingleFamily - two to four
bedrooms
2 spaces per dwelling unit (1 space must be
garage enclosed or covered), tandem parking
spaces permitted in Old Town
Dwelling, SingleFamily - five or more
bedrooms
3 spaces per dwelling unit (2 spaces must be
garage enclosed or covered and accessed
independently; the third space may be
tandem)
Dwelling, Multiple-Family
Studio units
1 space per dwelling unit (garage enclosed or
covered) plus 0.3 spaces per dwelling unit for
visitor parking
One-bedroom units
1.5 spaces per dwelling unit (1 space must be
garage enclosed or covered) plus 0.3 spaces
per dwelling unit for visitor parking
Two+ bedroom units
2 assigned spaces per dwelling unit (1 space
must be garage enclosed or covered) plus 0.3
spaces per dwelling unit for visitor parking
Accessory Dwelling Unit
1 space per bedroom or ADU, whichever is less, except parking may be waived as provided in Chapter 17.70, Accessory Dwelling Units and Junior Accessory Dwelling Units
Senior units, studio, one- and twobedroom units 1 space per dwelling unit Senior units, three + bedroom
units 1 space per dwelling unit plus 1 additional off-street space Mobile Home Park 2 parking spaces per home site
Source: City of Pinole Municipal Code 17.48.050
Inclusionary Housing Requirements
Pinole Municipal Code Chapter 17.32.02 stipulates that, for all rental or ownership developments of four or more units, at least 15 percent of the total units must be constructed and offered for sale or rent as affordable housing units. Of those units, no less than 40 percent (or 6 percent of the total) must be made available to very low-income households.
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Incentives for constructing affordable housing may include density bonuses, fee subsidies or deferrals, and design incentives as follows:
1. Density Bonus. Consistent with California Government Code Sections 65915 through 65918, qualifying projects can receive a density bonus by right.
2. Fee Subsidy or Deferral. The City Council may subsidize or defer payment of city development impact fees and/or building permit fees applicable to the affordable housing units or the project of which they are a part. The affordability control covenant shall include the terms of the fee subsidy or deferral.
3. Design Modifications. The granting of design modifications relative to affordable housing requirements shall require approval of the City Council and shall meet all applicable zoning requirements of the city. Modifications to typical development standards may include the following:
a. Reduced minimum setbacks;
b. Reduced minimum building separation requirements;
c. Reduced square footage requirements;
d. Reduced parking requirements;
e. Reduced minimum lot sizes and/or dimensions;
f. Reduced street standards;
g. Reduced on-site open space requirements;
h. Increased height limitations;
i. Increased maximum lot coverage;
j. Increased floor area ratio;
k. Allowance for live-work units within multi-family residential zoning districts; l. In lieu of reduced setbacks, allowance for attached dwelling units, if shown to be necessary to make the project feasible; or
m. Other regulatory incentives or concessions proposed by the developer or the city that result in identifiable, financially sufficient, and actual cost reductions. n. Priority Processing. After receiving the required discretionary approvals, the residential development that provides affordable housing units may be entitled to priority processing of building and engineering approvals, subject to the approval of the City Manager.
The City does not collect in-lieu fees through the City’s inclusionary requirement, it utilizes an incentive based approach to achieving affordable housing on-site. An alternative method of compliance is the construction of affordable units at an off-site alternative location. As a part of Program 6, the City will study the possibility of adopting a set of in-lieu fees. 461 of 677
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Density Bonus
The City’s Zoning Ordinance includes a provision for granting density bonuses as an incentive for the production of affordable housing in Section 17.38.020. The City’s Density Bonus provision within the Municipal Code is not up to date with the latest updates to California Government Code 65915. Where development is proposed that is eligible for density bonuses and their associated waivers and incentives under State Law, the provisions under California Governmental Code Section 65915 are applied to the project.
As part of Program 11, the City will update the Zoning Ordinance to reflect the latest provisions set forth in California Government Code 65915.
Providing for a Variety of Housing Types
Table 58 shows the allowed uses in residential zones in the Zoning Code. As discussed in the next section, accessory dwelling units and junior accessory dwelling units are allowed in all residential zoning districts under Section 17.20.020 of the City’s Zoning Ordinance. Singlefamily residential zoning includes six districts: R, LDR, R-1, R-2, R-3, and RMU. Single-family dwellings are permitted as a matter of right in most multifamily residential districts except R-4 and is only allowed in one mixed-use district (RMU).
Multifamily residential zoning includes R-1, R-2, R-3, R-4, and RMU (Residential Mixed Use), CMU (Commercial Mixed Use), OPMU (Office Professional Mixed Use), and OIMU (Office Industrial Mixed Use) mixed-use districts. Multifamily units are permitted as a matter of right in the R-2, R-3, R-4 districts; they are also permitted in the RMU and CMU districts.
Table 58: Allowed Residential Uses Under the Zoning Code Land Uses R LDR R-1 R-2 R-3 R-4 RMU CMU OPM
U
OIM
U
Dwelling, Accessory/
Junior Accessory1
P P P P P P P P P P
Dwelling, Multifamily N N N P P P P P N N
Dwelling, Single Family P P P P P N P N N N
Dwelling, Two-Family N N N P P N N N P P
Dwelling, Three- and
Four-Family
N N N P P P P P N N
Emergency Shelter 2 N N N N N N N N N P
Group Residential N P P P P P C C N N
Manufactured Home P P P P P P N N P N
Mobile Home Park C C C C C C N N N N
Residential Care Facilities P P P P P P P P N N
Single Room Occupancy
Facilities
N N N C C C C C N N
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Land Uses R LDR R-1 R-2 R-3 R-4 RMU CMU OPM
U
OIM
U
Supportive Housing
(located in housing of a
type permitted in the
zone)
P P P P P P P P P P
Transitional Housing 2
(located in housing of a
type permitted in the
zone)
N P P P P P P P P P
Source: City of Pinole Municipal Code 17.20.020
Note: P = Permitted; C = Conditionally Permitted; N=Not Allowed 1 See additional regulations for Accessory Dwelling Units and Junior Accessory Dwelling Units in Chapter 17.70. 2 See additional regulations for Emergency Shelters in Chapter 17.62.
Where a property is located within the Three Corridors Specific Plan area, the Specific Plan establishes the list of allowable residential uses based on the corridor, sub-area, and land use/zoning designation. The exhibits below (Table 59, Table 60, Table 61) show the allowable residential uses in the three corridor areas of the Specific Plan. In general, multifamily residential is permitted by right throughout the Specific Plan area with some exceptions such as prohibition on Public Quasi-Public Institutional (PQI) parcels, required Conditional Use Permit approval in OPMU, and limitation of units on the ground floor at street frontages in certain locations. Single family residential is not permitted outside of the Old Town Sub-Area.
Second dwelling units (or ADUs/JADUs) are allowed consistent with the locational requirements as provided under the Zoning Code; and the Zoning Code would take precedence over the Specific Plan for any conflicts between the Specific Plan and Zoning Code regarding ADUs/JADUs to maintain consistency with requirements under State law.
Table 59: Permitted Land Uses for San Pablo Avenue
Land Uses Old Town Sub-Area Service SubAreaMixed-Use Sub-Area
MDR RMU CMU OPMU CMU OPMU VHR RMU CMU OPMU
Dwelling, Multifamily P P P
1 P1 P1 P1 P P P1 P1
Dwelling, Second Unit CUP N/A2 N/A2 N/A2 N/A2 N/A2 N/A2 N/A2 N/A2 N/A2 Dwelling, Single-family P P N N N N N N N N
Dwelling, Two-family P
3 P3 N3 N N N N N N N
Family Day Care Home, Small
(6 children or less)
P P P P P
3 P3 P P P3 P
Family Day Care Home, Large
(7 – 24 children)
P
4 P4 P4 P4 P P P P P N
Home Occupation P P P P P
4 P4 P3 P3 P4 P
Live-Work Facility P P P P P P N P P P
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Land Uses Old Town Sub-Area Service SubAreaMixed-Use Sub-Area
MDR RMU CMU OPMU CMU OPMU VHR RMU CMU OPMU
Residential Care Home CUP P P P CUP CUP CUP P
4 CUP1 CUP1
Emergency Shelter/
Temporary Home
N N N N CUP1 CUP1 CUP N CUP1 CUP1
1 Not allowed on first floor at street frontage, except for residential development on a property with an affordable housing agreement and when that development includes community benefits as specified in the General Plan. 2 See Multi-Family Residential
3 Not permitted if the same use is preexisting and within 200’ 4 Home occupations must have no external evidence of business activity, (e.g. signs, noise, odor, vibration, etc.) or reduce available parking.
No customers or employees are allowed at the home and no advertising which gives the home address is allowed.
Table 60: Permitted Use Table for Pinole Valley Road
Land Uses Old Town Sub-Area Service Sub-Area
MDR HDR CMU CMU OPMU
Dwelling, Multifamily P P P
1 P1 P1
Dwelling, Second Unit N/A2 N/A2 N/A2 N/A2 N/A2
Dwelling, Single-family P N N N N
Dwelling, Two-family N/A2 N/A2 N/A2 N/A2 N/A2
Family Day Care Home, Small (6 children or less) N P P P 3 P3
Family Day Care Home, Large (7 – 24 children) CUP4 CUP4 CUP4 P P Home Occupation N P P P
4 P4
Live-Work Facility P P P P P
Residential Care Home CUP P P CUP1 CUP1
Emergency Shelter/ Temporary Home N N N CUP1 CUP1
1 Not allowed on first floor at street frontage
2 See Multi-Family Residential
3 Not permitted if the same use is preexisting and within 300’ 4 Home occupations must have no external evidence of business activity, (e.g. signs, noise, odor, vibration, etc.) or reduce available parking.
No customers or employees are allowed at the home and no advertising which gives the home address is allowed.
Table 61: Permitted Use Table for Appian Way
Land Uses
Service Sub-Area Mixed-Use Sub-Area
RMU CMU OPMU HDR RMU CMU
Dwelling, Multifamily P P P
1 P P P1
Dwelling, Second Unit N/A2 N/A2 N/A2 N/A2 N/A2 N/A2
Dwelling, Single-family N N N N N N
Dwelling, Two-family N/A2 N/A2 N/A2 N/A2 N/A2 N/A2
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Land Uses
Service Sub-Area Mixed-Use Sub-Area
RMU CMU OPMU HDR RMU CMU
Family Day Care Home, Small (6
children or less)
P
3 P3 P3 P3 P3 P3
Family Day Care Home, Large (7 – 24
children)
CUP CUP CUP N CUP CUP
Home Occupation P
4 P4 P4 P4 P4 P4
Live-Work Facility P P P P P P
Residential Care Home CUP CUP1 CUP1 CUP CUP CUP1
Emergency Shelter/ Temporary Home N N N N N N
1 Not allowed on first floor at street frontage
2 See Multi-Family Residential
3 Not permitted if the same use is preexisting and within 300’ 4 Home occupations must have no external evidence of business activity, (e.g. signs, noise, odor, vibration, etc.) or reduce available parking.
No customers or employees are allowed at the home and no advertising which gives the home address is allowed.
Accessory Dwelling Units
Accessory dwelling units (ADU) and junior accessory dwelling units (JADU) are attached or detached dwelling units that provide complete independent living facilities for one or more persons and are located on a lot with a proposed or existing primary residence. ADUs provide additional housing opportunities for people of all ages and economic levels. The City of Pinole allows and regulates ADUs and JADUs in Chapter 17.70 of the Municipal Code and in compliance with California Government Code Sections 65852.2 and 65852.22. ADUs are permitted on lots with an existing or proposed single-family or multifamily residence, subject to a ministerial approval process through building permit plan check review.
The City will continue to update the ADU ordinance as necessary and work with the state to ensure compliance with state law as part of its ADU production program (Program 4), which includes efforts to spur the development of affordable housing through the construction of ADUs. The City is also creating a Home Sharing and Tenant Matching Program to help senior residents age in place and encourage ADU and JADU development (Program 10).
Senate Bill 9
Effective January 1, 2022, Senate Bill (SB) 9 requires ministerial approval of a housing development with no more than two primary units in a single-family zone, the subdivision of a parcel in a single-family zone into two parcels, or both. SB 9 facilitates the creation of up to four housing units in the lot area typically used for one single-family home. The City has not received any SB9 applications as of October 2022 but has seen some interest from homeowners. Promotion of SB9 opportunities in the City is included as a part of Program 22. 465 of 677
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The City has not adopted an SB9 ordinance or objective standards. The City will amend the zoning ordinance in Program 11 to reflect the provisions of California Government Code Section 65852.21.
Emergency Shelters
An emergency shelter is housing with minimal supportive services for unhoused persons that is limited to occupancy of 180 days or less per calendar year by an unhoused person.
No individual or household may be denied emergency shelter because of an inability to pay.
The City’s emergency shelter requirements are provided in Article IV Special Use Standards of the Zoning Ordinance. Pursuant to SB 2, the City of Pinole permits emergency shelters by right without discretionary review in the Three Corridors Specific Plan Office Industrial Mixed Use (OIMU) zone.
The Zoning Ordinance permits emergency shelters by right in the OIMU zone subject to the same development and management standards as other permitted uses in the zone. In addition, the following requirements regulate future emergency shelters to enhance compatibility (Chapter 17.62):
• Emergency shelters of more than ten persons shall be situated more than 300 feet from another emergency shelter.
• A maximum of 30 beds shall be available in the facility, unless a conditional use permit is approved for a greater number. The maximum number of beds does not apply in situations of City- or statewide designated disasters or catastrophic conditions. • Smoke detectors, approved by the Fire Department, shall be provided in all sleeping and food preparation areas for emergency shelters.
• The size of an emergency shelter shall be in character with the surrounding neighborhood.
• The emergency shelter shall have an interior, on-site waiting and client intake area that is a minimum of 200 square feet. The emergency shelter shall include a landscaped exterior waiting area that is a minimum of 100 square feet. • Off-street parking shall be provided at the rate of one space per three beds plus one space per employee, and may only be required based on demonstrated need, provided that the same parking requirements are applied for other residential or commercial uses in the same zone.
• Exterior lighting shall be consistent with Zoning Code requirements. • Emergency shelters shall provide on-site management and support staff at all times during shelter use.
• Emergency shelters must have on-site security during the hours that the shelter is in operation.
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Assembly Bill 139 (2019) modified the allowed parking standards for emergency shelters.
The City may now only require parking to meet the needs of staff working at the shelter and may not impose any standards based on the number of beds or persons served. The City’s existing ordinance requires three parking spaces for every shelter bed plus one employee, which is not reflective of recent changes to state law. The City is including Program 11 to amend the Emergency Shelter ordinance to comply with AB 139. The City will also review the other standards for emergency shelters to verify that they are required for all other uses in the zone and are not unique to emergency shelters beyond those allowed by state law.
Pinole has 35.4 acres of land zoned OIMU, all of which is located in the northwestern area of the City along San Pablo Avenue. Emergency shelters in land zoned OIMU allows for proximity to public transit, employment centers and some commercial amenities and resources along one of the City’s major commercial throughfare. Building in the OIMU zone may have heights up to 50 feet and no front yard setbacks. Required setbacks include 10- foot side and 15-foot rear setbacks. The OIMU standards will not preclude or constrain the development of emergency shelters.
The latest homeless point-in-time count indicated that there are 53 unsheltered homeless individuals living in Pinole; the City needs to ensure that at least 1,400 sf of floor area could be available for emergency shelter development or conversion. Based on a review of the City’s standards and shelter need, there are 5.6 acres of vacant land and multiple underutilized lots in the OIMU zone that meet the requirements and can accommodate the City’s shelter need.
Low Barrier Navigation Centers
Low barrier navigation centers (LBNC) are service-enriched shelters that are focused on moving individuals into more permanent housing. LBNCs provide temporary housing while case managers connect individuals experiencing homelessness to shelter, public benefits, and health services. Under the Housing for Homeless Act (2019), local governments are required to allow LBNCs by right in areas zoned for mixed uses and nonresidential zones that permit multifamily uses.
Pinole does not currently explicitly allow LBNCs in any zone, though this would not prevent their development if an application for one were received. Through Program 11, the City will amend its zoning code pursuant to Government Code Section 65583 to allow for LBNCs by right in areas zoned for mixed uses and nonresidential zones that permit multifamily uses.
Manufactured Homes
The permitting of modular, or manufactured, housing on foundations is subject to the same development standards as conventional single-family units, consistent with Government Code Section 65852.3. The City of Pinole permits modular homes by right in all residential zones that permit single-family dwellings by right except in the Residential Mixed Use (RMU) district. As part of the zoning code amendment program, Program 11, the City will amend 467 of 677
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the zoning code in RMU to permit manufactured homes on permanent foundations as if they were single-family homes.
Supportive and Transitional Housing
Supportive or transitional housing that serves up to six individuals is allowed by right in all residential zones except in the Rural (R) zone. Supportive or transitional housing that serves more than six individuals, provides on-site services, and is licensed by the state as a group home. While the City allows these uses by right in most cases, the City does not have objective design standards for these types of homes to add certainty to the development process. As part of Program 12, the City will create and adopt objective development standards.
Single-Room Occupancy Units
Single-room occupancy (SRO) residences are small, one-room units occupied by a single individual, and may either have a shared or private kitchen and bathroom facilities. SROs are rented on a monthly basis, typically without a rental deposit, and can provide an entry point into the housing market for extremely low-income, formerly unhoused, and disabled persons. SRO units are allowed in five multifamily zones upon the granting of a conditional use permit. There is no potential constraint on the development of SRO residences.
Development Review and Permitting Procedures
The efficiency and timing of a jurisdiction’s processes for review and approval of residential development has a significant impact on the amount and pace of housing construction. The procedures for development review and permitting in the City of Pinole are described below.
Permit Processing Procedure
The requirements of the permit processing procedure have the potential to act as a constraint to the development of housing. The time and uncertainty of the review and revision cycle can contribute significantly to the overall cost of the project, ability to obtain and maintain funding, and the cost of each dwelling unit. Certainty and consistency in permit processing procedures and reasonable processing times are important to ensure that the developmental review and approval process does not act as a constraint to development by adding excessive costs or discouraging housing development.
Permitted uses are those uses allowed without discretionary approval of the use. In general, residential uses are either permitted by right or not permitted, with some exceptions.
Therefore, discretionary review based solely on allowing a residential use is uncommon.
Discretionary review is more typical for the physical development or modification of a residential structure.
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Design Review is the discretionary review process through the Planning Division to review proposed residential development and modifications, and it is separated into Administrative Design Review and Comprehensive Design Review. Administrative Design Review is the stafflevel review process applicable to single family residential additions. Comprehensive Design Review requires approval by the Planning Commission and encompasses all new residential developments.
The Zoning Code provides for certain variances or reductions in standards with discretionary review. The discretionary review processes allow for consideration of certain deviations from standards following consideration by the Community Development Director or the Planning Commission and determination that findings in the municipal code have been met. For single family residential structures, minor deviations for limited modification of maximum height by 10 percent and setbacks by 5 percent may be approved by the Community Development Director following a public hearing. Parking reductions may be granted through a Conditional Use Permit approved by Planning Commission. For other types of deviations from standards, a variance may be requested for consideration by the Planning Commission. Although discretionary review may extend the time required for application processing, they provide flexibility where warranted by special circumstances applicable to a project and for which there may be no other remedy. In some instances, a Conditional Use Permit or Variance may be processed concurrently with another entitlement request such as Comprehensive Design review that also requires discretionary review.
City staff conducts preliminary reviews to assist applicants prior to application submittal at no additional cost. This allows staff and the prospective applicant to identify important project issues early in the development review process. Further, the City has prepared Residential Design Guidelines to clarify City expectations for proposed new residential development, which can assist applicants prior to application submittal. ADUs, interior remodels and minor exterior modification, such as reroofs, siding work, and deck work, are only subject to ministerial review through the building permit plan check process and involve short processing times; these approvals may be issued over the counter or typically within four to six weeks depending on completeness of the submittal, the extensiveness of comments, and the responsiveness of applicants. A single family residential addition requiring Administrative Design Review is normally processed between six to eight weeks depending on the completeness of the application; approval can typically be provided within three to four weeks following determination that the application is complete. New development requires Comprehensive Design Review, which applies to new single family residences and larger multifamily residential structures. A new single family residence may require three to four months to process depending on application completeness, responsiveness to comments and resubmittals, public noticing requirements, and scheduling of public hearings. Multifamily developments generally require longer review times due to the complexity of the projects, which can range from four months to a year (or longer), especially if more extensive studies are required due to the scale of development, site constraints, and potential impacts. Whenever possible, the City processes all project 469 of 677
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applications concurrently in order to maximize the efficiency of processing and save time and cost for both the City and the developer.
Permit Processing Time
New residential additions and development projects in the City are required to complete the design review process, either by staff-level review or by review with a Planning Commission hearing. Table 62 shows the typical permit processing time for development that is consistent with the City’s General Plan, Zoning Ordinance, and Residential Design Guidelines.
Multifamily projects in the R-3 and R-4 zones and permitted areas within the Three Corridors Specific Plan are subject to Comprehensive Design Review. All single-family subdivisions require tentative and final map approvals. A project that is not consistent with the City’s zoning and land use regulations could require additional approvals, such as a rezoning, General Plan amendment, or a variance when warranted.
The average length of time for discretionary approvals is at least four months for multifamily developments or a single-family subdivision. A General Plan amendment or rezoning could add another 30 to 60 days to the process as each require City Council approval. Large complex projects impose a lengthier review process, largely due to the environmental review process. The amount of time required to complete environmental review of a project depends greatly on the size, scope, and location of the project, the environmental issues under review, and the extent of public comment received. Program 5 includes reviewing and updating as necessary the EIR prepared for the GP and Specific Plan so that individual projects can use it for their environmental documentation, and not have to prepare individual studies and reports. This will speed up the review/approval process and greatly reduce costs for the applicant.
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Table 62: Typical Permit Processing Time by Project Type Permit Type Length of Approval Approval Body
Building Permit 4–6 weeks Issued by Building
Department
Conditional Use Permit 12-15 weeks Planning Commission
Variance 12-15 weeks Planning Commission
Subdivision/Tentative Tract Map 15–26 weeks Planning Commission Final Tract/Parcel Map 15–26 weeks Planning Commission
Zone Change/Zoning Amendment 15–26 weeks City Council
General Plan Amendment 15–26 weeks City Council
Administrative Design Review 4-8 weeks Community
Development Director
Comprehensive Design Review (Single Family) 12-15 weeks Planning Commission Comprehensive Design Review (Multifamily) 15-52 weeks Planning Commission Environmental Review 4–52 weeks Varies by Project
Planning, Building, and Development Impact Fees
Housing developments are typically subject to three types of fees: planning-related fees, building permit fees, and development impact fees. The fees are charged by the City and other agencies to cover administrative processing costs associated with development and help ensure the provision of adequate services.
Fees vary based on the type of application necessary for project approvals. The processing fees are passed on in the rent or sales price, so excessive fees may ultimately affect the affordability of housing. It is best practice to periodically conduct user fee studies to ensure the City is recouping the cost of providing services in areas for which fees apply. On June 21, 2022, the Pinole City Council approved modifications and increases to the Building, Planning, Code Enforcement and Public Works user fees. The adoption of new fees was a culmination of a fee study evaluating internal costs necessary to maintain City operations, including provision of services required for processing development applications, and ensuring fees are within a reasonable range with respect to those charged by other jurisdictions. This was the final step in accomplishing a Strategic Plan objective to conduct a comprehensive fee study to ensure cost recovery of current and potential service fees. The most current fee schedule is available on the City’s website. Planning-related fees for the City of Pinole are shown in Table 63.
On average, fees for a single-family development are comparable to the surrounding jurisdictions in Contra Costa County and represent a reasonable level of fees necessary to retain the quality of development and infrastructure that characterizes the City’s standards.
The average fee is also comparable for multifamily units. Fees may represent a barrier to the 471 of 677
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construction of housing because they increase the minimum costs of a dwelling unit and are passed onto the purchaser or renter. However, as the City’s fees are not excessive, and the City has seen housing production during the 5th Cycle, these development fees do not constitute actual constraints on the production of housing.
Table 63: Planning Related Fees
Applications Fee
Design Review
Administrative Design Review: Single family resident
ial additions; additions of less than 500 sf for multifa mily and nonresidential
$725
Comprehensive Design Review – Small New singlefamily residence; new multifamily building with 2 to 4 units; multifamily and nonresidential additions 50
0 to 5,000sf
$3,700
Comprehensive Design Review – Medium
New multifamily building with 5 to 10 units; multifa
mily and nonresidential additions 5,001 to 10,000sf
$9,941
Comprehensive Design Review – Large
New multifamily building of 10 or more units; new n
onresidential buildings; multifamily
and nonresidential additions greater than 10,000sf
$20,000 Deposit; $14,000 Minimum Fee
Conditional Use Permits (CUP) $5,186
Prezoning / Annexation $20,000 Deposit; $14,000 Minimum Fee Rezoning / Zoning Code Amendment (Includes Map and Text $9,460 Minor Development Plan Amendment $430
General Plan Amendment $10,000 Deposit; $7,000 Minimum Fee Specific Plan Amendment $10,000 Deposit; $7,000 Minimum Fee Subdivision / Tentative Map
Minor Subdivision / Parcel Map (4 Lots or Less) $5,000 Deposit; $3,500 Minimum Fee Major Subdivision / Tract Map (5 or More Lots) $7,500 Deposit; $5,000 Minimum Fee Final Map
Parcel Map $5,000 Deposit; $3,500 Minimum Fee
Tract Map $7,500 Deposit; $5,000 Minimum Fee
Variance
Minor Deviation $660
Single Family Variance $1,1650
Source: City of Pinole
The City of Pinole provides a fee schedule for the development impact fees per use.
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required to support new development. The fees allow for the consolidation of infrastructure projects when it is more cost-effective to do so and, by law, must be linked to the actual impact of the specific project.
The City of Pinole imposes a number of development impact fees, including for public facilities and equipment, wastewater development, parks and recreation development, transportation, police, fire protection, and drainage development. Typically, fees for higherdensity residential are lower than those for lower-density residential. Development fees for the City of Pinole are shown in Table 64. The City will be reviewing its development impact fees by the end of 2023.
Table 64: Development Impact Fees, Per Unit
Fee Type Single Family Multi‐Family
Police $1,148.95 $870.42
Fire Protection $1,468.25 $1,112.31
Public Facilities & Equipment $1,981.29 $1,500.98
Wastewater $4,943.00 $3,707.00
Transportation $414.83 $294.53
Drainage $1,104.82 $66.29
Parks and Recreation $8,013.78 $6,071.05
Source: City of Pinole
School Fees
In addition to the costs above, the West Contra Costa Unified School District charges development fees. The entirety of Pinole is served by the West Contra Costa Unified School District. As of 2020, the residential development fees for the school district are $4.08 per square foot. The City does not have control over these fees, but the fees have not constrained the development of housing in recent years.
County Transportation Impact Fee
West County Subregional Transportation Mitigation Program (STMP) is managed by the West Contra Costa Transportation Advisory Committee (WCCTAC) to mitigate the heavy regional traffic impacts in the county and includes an impact fee assessed for new development. The City collects the STMP fee on behalf of WCCTAC for new developments, with fees assessed based on the number and type of units. For FY 2022-2023, the STMP fee is $6,458 for a new single family residence and $3,181 for each multifamily residential unit. The City does not have control over these fees, but the fees have not constrained the development of housing in recent years. 473 of 677
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SB 35 Approval Procedure
SB 35 (2017) requires a Streamlined Ministerial Approval Process for developments in jurisdictions that have not made sufficient progress toward their Regional Housing Needs Allocation.
The City of Pinole has not received any SB 35 applications. Should the City receive an SB 35 application, it will follow the below permitting procedure from the Streamlined Ministerial Approval Process guidelines outlined by the California Department of Housing and Community Development.
• After receiving a notice of intent to submit an application for a Streamlined Ministerial Approval Process, and prior to accepting an application for a Streamlined Ministerial Approval process, the City will complete the tribal consultation process outlined in Government Code Section 65913.4(b).
• The City will perform a determination of consistency with regard to objective zoning, subdivision, and design review standards.
• The City will perform a determination of consistency with density requirements. • The City will complete the design review within the following timeline:
• Within 60 calendar days of submittal of the application to the City if the development contains 150 or fewer housing units.
• Within 90 calendar days of submittal of the application to the City if the development contains more than 150 housing units
• The City will determine whether the applicant for Streamlined Ministerial Approval complies with requirements, and will approve or deny the application, within the following timeline:
• Within 90 calendar days of submittal of the application to the City if the development contains 150 or fewer housing units
• Within 180 calendar days of submittal of the application to the City if the development contains more than 150 housing units.
Should the City receive an SB 35 application, the City will facilitate the above process and will support any future applicants and provide information regarding the SB 35 permitting process on the City website.
Housing for Persons with Disabilities
The US Census Bureau defines persons with disabilities as those with a long-lasting physical, mental, or emotional condition. Certain conditions affect a person’s housing choices, whether it creates a need for accessibility, living spaces for caretakers, transit access, or other.
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Reasonable Accommodation Procedures
Pinole’s Municipal Code includes specific provisions to facilitate reasonable accommodation for individuals with disabilities. Section 17.12.050 specifies that “in order to make specific housing available to an individual with a disability, a disabled person or representative may request reasonable accommodation relating to the various land use, zoning, or rules, policies, practices, and/or procedures of the City.” When a request for reasonable accommodation is filed with the Community Development Director, it will be reviewed and considered as a ministerial action unless determined otherwise by the Community Development Director. A request for reasonable accommodation shall be considered ministerial in nature when it is related to a physical improvement that cannot be constructed to conform to the City's setbacks or design standards. Typical improvements considered to be “ministerial” in nature would include ramps, walls, handrails, or other physical improvements necessary to accommodate a person's disability. The Community Development Director shall issue a written determination of his or her action within 30 days of the date of receipt. If the Community Development Director determines that the request is non-ministerial, he or she will refer it to the Planning Commission, which will hold a public hearing to consider the request.
In making a determination regarding the reasonableness of a requested accommodation, the approving authority must make all of the following findings:
• The housing which is the subject of the request for reasonable accommodation will be used for an individual protected under the Fair Housing Act. • The request for reasonable accommodation is necessary to make specific housing available to an individual protected under the Fair Housing Act. • The requested reasonable accommodation does not impose an undue financial or administrative burden on the City and does not fundamentally alter City zoning, development standards, policies, or procedures.
In addition, the Zoning Ordinance allows for reduced parking requirements for housing for persons with disabilities (Section 17.48.060). With the exception of monitoring compliance with building code requirements, which are also governed by the state, the City has no authority to approve or deny group homes of six or fewer people. The City does not restrict occupancy of unrelated individuals in group homes, and, in permitted zones, permits housing for special needs groups without regard to distances between such uses or the total number of uses in the City.
The City complies with the intent of reasonable accommodation requirements and is not determined a constraint for developing multi-family housing.
Definition of a Family
The Pinole Municipal Code Section 17.98.020 defines family (household) as “One (1) or more persons, whether or not related by blood, marriage, or adoption, sharing a dwelling unit in a 475 of 677
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living arrangement usually characterized by sharing living expenses, such as rent or mortgage payments, food costs, and utilities, as well as maintaining a single lease or rental agreement for all members of the household and other similar characteristics indicative of a single household.” This definition is consistent with state law and does not pose a constraint on the development of housing for persons with disabilities.
California Building Code
The City of Pinole has adopted the 2019 California Building Code, with local amendments.
The modifications and changes were adopted with recommendation by the City of Pinole Building Official. Modifications and changes are reasonable and necessary due to local climactic, geological, or topographical conditions or are otherwise permitted by state law.
Local amendments to the building code can be found in Pinole City Code Chapter 15.04.030 and include changes to definitions, permit issuance conditions, sprinkler system requirements, exterior building materials, and slab thickness. Amendments are minor changes, and no modifications pose constraints to development.
The City will be adopting the 2022 triennial building code update by the end of 2022.
Code Enforcement
The City’s Code Enforcement staff responds to potential violations of the Pinole Municipal Code. There is one full time and one seasonal code enforcement officer in the City. Code enforcement is both proactive and reactive in the City. Proactive code cases are opened if violations have to do with health, safety, or welfare. Code Enforcement works in tandem with the City’s Building Official to ensure all structures are built with permit and applicable inspections, which ensure health and safety of our constituents Most housing-related code cases are building without a permit, outdoor storage (debris, miscellaneous “collections” in the front yard and visible from the public right of way/street/sidewalk), and overgrown vegetation/dead trees posing a hazard.
On- and Off-Site Improvements
The City requires on- and off-site improvements for new developments, which are intended to meet health and safety requirements of the community. Residential developers are responsible for constructing road, water, sewer, and storm drainage improvements on new housing sites. Chapter 16.20 General Regulations and Design includes local street rights-ofway and curb-to-curb widths, sanitary sewer and storm drainage lines, street lighting, erosion control, landscaping, and easements. Although it is likely that the costs for the construction of on-site and off-site improvements do have an impact on housing supply and affordability, the requirements are not excessive compared with nearby jurisdictions and are necessary to provide safe transportation access and utility system connections. 476 of 677
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Nongovernmental Constraints
Requests to Develop Below the Anticipated Density
Requests to develop housing at densities below those anticipated in the Housing Element act as a potential constraint to housing development. Over the last housing cycle, the City developed above the densities anticipated for their Cycle 5 Housing Element Opportunity Sites. The projects developed above the anticipated densities are shown in Table 65.
Table 65: 5
th Cycle Sites Developed
Site (APN, Address) Anticipated
# of Units
Actual #
of Units
Anticipated
Density
(du/ac)
Actual/
Proposed
Density (du/ac)
Identified
Site (5th
Cycle)
811 San Pablo Ave (SAHA) 9 33 30 55 Yes
600 Roble (Vista Woods)* 146 179 50 89.1 Yes
2151 Appian Way (Appian
Village)*
113 154 30.5 20.9 Yes
*: Cycle 5 Housing Element Opportunity Sites which comprised multiple parcels Land Costs
Land costs have a demonstrable influence on the cost and availability of affordable housing.
Land prices are determined by numerous factors, most important of which are land availability and permitted development densities. As land becomes less available, the price of land increases. According to Contra Costa Association of Realtors in 2022 the average sales price for a single-family detached home is $828,110 which is up 6.7% from 2021, however closed sales are down 22% from 2021. The average sales price for a townhouse-condo attached home is $554,909 which is up 22.4% from 2021 with closing sales down 26.7% from 2021.
In Pinole, proximity to the employment centers in Silicon Valley and San Francisco and the scarcity of adequate housing opportunities in western Contra Costa County have influenced upward pressure on land and housing costs.
According to online listings from Zillow.com, in August 2022, there was only one vacant residential parcel listed for sale in the City. This vacant parcel was listed for $1,500,000. The price of land varies depending on a number of factors, including size, location, the number of units allowed on the property, and access to utilities.
Recent vacant land sold is shown by cost and acreage in Table 66; this does not include sale parcel described above. The price for recent land sold ranges from $7.34 to $13.86 per square foot, with an average price of $9.97 per square foot (or $434,293 per acre). The City has little control over land costs.
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Table 66: Recent Vacant Lot Sales in Pinole
Acreage Land Cost Cost per sq. ft. Date Sold
0.37 $223,500 $13.86 12/28/21
1.00 $320,000 $7.34 10/07/21
0.79 $300,000 $8.71 05/24/21
Source: Zillow.com, 2022
Construction Costs
Construction costs include the cost of materials and labor. Materials costs include the cost of building materials (wood, cement, asphalt, roofing, pipe, glass, and other interior materials), which vary depending on the type of housing being constructed and amenities provided. In general, construction costs can be lowered by increasing the number of units in a development, until the scale of the project requires a different construction type that commands a higher per square foot cost.
One indicator of construction costs is Building Valuation Data, compiled by the International Code Council (ICC). The unit costs compiled by the ICC include structural, electrical, plumbing, and mechanical work, in addition to interior finish and normal site preparation. The data are national and do not account for regional differences, nor include the price of the land upon which the building is built. The most recent Building Valuation Data, dated February 2022, reports the national average for development costs per square foot for apartments and single-family homes as follows:
• R-2 Residential Multifamily: $139.06 to $206.81 per square foot • R-3 Residential One- and Two-Family Dwelling: $150.87 to $192.58 per square foot • R-4 Residential Care/Assisted Living Facilities: $175.81 to $244.45 per square foot California building costs tend to be higher than national levels. A 2020 study by the Berkeley Terner Center noted that construction costs in the state are highest in the Bay Area, and reached more than $380 per square foot in 2018.14
Financing Availability
Interest rates affect homeownership opportunities throughout the City. In August 2022, Freddie Mac’s primary mortgage market survey listed interest rates on home loans at 5.13 percent on a 30-year fixed-loan rate. While low interest rates are expected to prolong the availability of financing, low housing inventory can create competition among potential 14 Terner Center for Housing Innovation. The Hard Costs of Construction: Recent Trends in Labor and Materials Costs for Apartment Buildings in California. Marc 2020. https://ternercenter.berkeley.edu/wpcontent/uploads/2020/08/Hard_Construction_Costs_March_2020.pdf 478 of 677
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homebuyers, especially for first-time homebuyers. The sales price of housing is typically adjusted for changes in mortgage rates.
Table 67 displays the number of loan applications received in 2020 for the purpose of purchasing a home in the Oakland-Berkeley-Livermore metropolitan statistical area, which includes the City of Pinole. Specifically, the table provides the number of total applicants, the number of originated applications, the number of applications that were approved but not accepted, and the number of applications denied across various types of loans.
Table 67: Disposition of Home Loans, 2020
Loan Type Total
Applicants
Originated Approved Not
Accepted
Denied Withdrawn /
Other
Conventional
Purchase
42,938 26,224 1,192 3,120 12,402
Government
Backed
Purchase
7,847 4,111 242 598 2,896
Home
Improvement
8,775 4,487 281 1,796 2,211
Refinance 74,951 37,535 2,136 11,064 24,216
Total 134,511 72,357 3,851 16,578 41,725
Source: lendingpatternslite.com, 2020
Federal and State Programs
The City participates with Contra Costa County as part of the Urban County Program for federal Community Development Block Grant (CDBG) and HOME funds. The CDBG program, sponsored by the US Department of Housing and Urban Development (HUD), is a primary source of funds for the county's community development and housing programs. As an eligible Urban County, as defined by HUD, Contra Costa County receives funds annually to carry out CDBG eligible activities. The county directs these funds to housing, economic development, infrastructure improvements, public facilities, and public service projects designed to meet the needs of very low- and low-income persons. The City can also apply directly to the county for CDBG and HOME funds for specific projects.
Environmental and Infrastructure Constraints
Environmental hazards affecting housing units include geologic and seismic conditions, soil conditions, flood risk, vegetation and wildlife habitat, toxic and hazardous waste, fire hazards, noise levels, and preservation of agricultural lands. Potential environmental constraints in Pinole include seismic hazards, flooding, and fire hazards. Infrastructure constraints include the availability and cost of water and sewer services. The following hazards may impact future development of residential units in the City and can pose a potential constraint to housing development.
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Environmental Constraints
Seismic Hazards
Pinole is located approximately 1.5–3.9 miles northeast of the Hayward fault and the Rodgers Creek/Healdsburg fault zone underneath San Pablo Bay and is also located about 18 to 20 miles northeast of the San Andreas fault zone. The Green Valley-Concord fault trend is located approximately 12 miles east of Pinole. Though the San Andreas fault system, which forms the boundary between the North American and Pacific plates, is the principal source of earthquakes in California, given its proximity to Pinole, the Hayward fault poses the greatest seismic threat to the City.
Flooding
The City of Pinole is located in a low flood zone. During heavy rain events and high tides, certain areas of the City may experience some flooding.
The FEMA National Flood Hazard Map has identified areas in Pinole that are subject to flooding, which are almost entirely located at the San Pablo Bay shoreline and along Pinole Creek- the two surface water features in the City. Coastal flooding of San Pablo Bay would potentially inundate areas along the northern coast of the City. Flood hazard zones have Figure 12: Geological Hazards
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been mapped by FEMA that would result in the event of significant storm events. The flood hazard zone associated with San Pablo Bay would only affect the bay coastline area of the City and would not impact developments in the City. The flood zone is categorized as a FEMA 100-year flood hazard zone with a 1 percent annual chance of flooding.
Flood zones associated with Pinole Creek are primarily near San Pablo Bay in the northern area of the creek. The flood zone is categorized as a FEMA 500-year flood hazard zone with a 0.2 percent annual chance of flooding, which results from an extraordinary storm event.
Flooding in this area is also unlikely and would not significantly impact critical infrastructure or notable areas within the City. The FEMA flood zones in the City are depicted in Figure 13.
Figure 13: FEMA Flood Zones
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Fire
The Very High Fire Hazard Severity Zone (VHFHSZ) in Pinole is shown in Figure 14 and are located along the southwestern border of the City. Additionally, moderate fire severity areas are located directly south of the City’s southern border.
The East Bay Municipal Utility District (EBMUD) maintains a Fire Management Plan, which includes the Pinole Valley watershed basin located within Pinole’s sphere of influence.
EBMUD provides fire suppression and protection services on watershed lands. influence, and the Community Services and Facilities Element for further discussion of EBMUD. The City of Pinole Fire Department provides fire protection services within the City limits and has longterm contracts to serve several county unincorporated neighborhoods adjacent to the City.
The City is currently in discussions with ConFire to negotiate a contractual arrangement for ConFire to take over all fire protection services (fire prevention, suppression, and emergency medical response). The Fire Department’s mission is to provide for the safety and welfare of the public through preservation of life, property, and the environment. The Fire Department promotes disaster preparedness, fire prevention, and safety in the City by providing free services and safety devices, public outreach (schools, businesses) and public education and/or training courses (safety demonstrations including child car seat safety and earthquake preparedness), maintenance (station upgrades, etc.) and biannual inspections (commercial occupancies).
Figure 14: Fire Hazard Severity Zones
Source: CalFire FRAP
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Water and Sewer Infrastructure
Provision of adequate water and sewer do not constitute a constraint on development in the City.
The East Bay Municipal Utility District (EBMUD) provides water service to the City. The City of Pinole and West County Wastewater District (WCWD) are the wastewater service providers to the City. Currently there is adequate capacity available within EBMUD and both wastewater service providers sewer districts to handle development anticipated in the Pinole General Plan. The installed utilities that provide gas distribution, electric circuit, and service are also adequate to handle future development in Pinole.
The City complies with requirements regarding water and sewer priority allocation to affordable housing. As needed, the City will coordinate with EBMUD, WCWD, and the Pinole/Hercules Water Pollution Control Plant (WPCP) Joint Powers Authority to facilitate adoption of similar policies or to ensure adherence to California Public Utilities Commission policies on water/sewer priority for affordable housing. In 2016, the City adopted a policy for water and sewer services to provide priority allocation to affordable housing in the event a rationing system is implement.
The City of Pinole Public Works Department and West County Wastewater District maintain the City’s sewer system. The City of Pinole is responsible for the collection and treatment of wastewater flows to their lift stations and treatment plant, the Pinole/Hercules Water Pollution Control Plant (WPCP). The Pinole/Hercules WPCP is owned and operated by a Joint Powers Authority comprising the Cities of Pinole and Hercules. The facility treats wastewater from both cities to secondary standards prior to discharge to San Pablo Bay. There are two operational discharge outfalls: deep-water and shallow water. The Deepwater outfall is shared with the Rodeo Sanitary District and is permitted by the RWQCB. The shallow water outfall is not permitted but has been used during wet weather conditions when influent flows exceed the capacity of the deep-water outfall.
In 2019 the City completed a full-scale upgrade of the Pinole-Hercules Water Pollution Control Plant to expand its capacity, meet new discharge requirements and provide wet weather treatment capabilities. These improvements met new conditions in the renewed National Pollutant Discharge Elimination System discharge permit that entail the elimination of blending of peak wet weather flows and use of the emergency outfall for peak wet weather flows less than 14.6 million of gallons per day (mgd).
The West County Wastewater District is responsible for collection and treatment of flows tributary to their lift stations and treatment plant. Approximately 0.4 square miles in Pinole lie within the district.
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Affirmatively Furthering Fair Housing
Introduction
Assembly Bill (AB) 686 requires a jurisdiction’s housing element to provide an analysis of contributing factors to fair housing issues and to commit to actively and meaningfully affirmatively further fair housing. This analysis includes an assessment of fair housing enforcement, outreach activities, integration and segregation, racially and ethnically concentrated areas of affluence and poverty, disparities in access to opportunities, disproportionate housing needs, and any other contributing factors that serve as impediments to fair housing. The assessment also analyzes the extent to which the identified Regional Housing Needs Allocation (RHNA) sites affirmatively further fair housing.
Outreach
The City of Pinole solicited community input throughout the Housing Element update process in a variety of ways. The main strategies to gather public participation are summarized below.
Outreach Activities
Community members were engaged using the following methods:
▪ Online survey in English, Tagalog, Cantonese, and Spanish ▪ Community Workshops
o Workshops were recorded and made available on the City website in English, Tagalog, Cantonese, and Spanish
▪ Web page on City website
▪ Stakeholder focus groups/interviews
▪ Email list
▪ Postcards and flyers with links to project website, survey, community meeting dates, and notification of translation services
▪ Pinole Community Television advertisements
▪ Articles in the City’s biweekly Administrative report ▪ Social media posts
▪ Banners around the community and at community facilities ▪ Joint City Council/Planning Commission study session
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Organizations Contacted and Consulted
Organizations contacted and interviewed included:
Affordable Housing Developers
▪ SAHA (Satellite Affordable Housing Associates)
▪ MRK
▪ BRIDGE Housing
▪ Community Housing Development Corporation
Business Groups
▪ Bayfront Chamber of Commerce
▪ Contra Costa College Economic & Workforce Development Department ▪ San Pablo Economic Development Corporation
Community and Environmental Justice Groups
▪ Communities for a Better Environment
▪ Environmental Justice League
▪ Friends of the Library
▪ Richmond Pinole Lions Club
▪ Friends of Pinole Creek Watershed
▪ Pinole Garden Club
▪ Pinole Seals Swim Club
▪ Pinole for Fair Government
▪ West County League of Women Voters
▪ Contra Costa Builders Exchange
▪ Building Industry Association of the Bay Area
▪ Contra Costa Association of Realtors
▪ Pinole Historical Society
▪ Their Club (youth group)
▪ The Quinan Street Project
Major Employers
▪ Kaiser Permanente
▪ Target
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▪ West Contra Costa Unified School District
Real Estate and Construction Groups
▪ Coldwell Banker Real Estate (Pinole Branch)
▪ Security Pacific Real Estate Brokerage (Richmond Branch) ▪ DeNova Homes
▪ BGAM - Property Management
▪ Sequoia Real Estate
Religious Organizations and Churches
▪ Church of Christ
▪ Nichiren Shoshu Myoshinji Temple
▪ Pinole Valley Community Church
▪ St. Joseph's Church
▪ Valley Bible Church
▪ Christ the Lord Church
▪ Sunset Evangelistic Center
Service Providers
▪ Eden Council for Hope and Opportunity (ECHO)
▪ Disabled People's Recreation Center
▪ Cole Vocational Services
▪ Pinole Senior Center
▪ EAH Housing
▪ Housing Authority of Contra Costa County
▪ Bay Area Rescue Mission
▪ Contra Costa Health Services
▪ The Salvation Army
▪ Meals on Wheels Contra Costa County
▪ Contra Costa County Aging & Adult Services
▪ HOPE Solutions
▪ Pathway to Choices
▪ East Bay Housing Organizations
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▪ Pinole Library
Housing Element Update – City Website
The City created the Housing Element update web page on the City’s website to provide:
▪ Background and information on the Housing Element process; ▪ Link to the Housing Element update survey;
▪ Documents related to the Housing Element;
▪ Recordings of the Community Workshop presentations in English and Spanish; ▪ Notification to the public of future events; and
▪ Notification and interest sign-up lists and comment and question pathways for residents to get involved in the process and to provide comments or questions to the project team or City representatives.
Stakeholder Interviews
The City reached out to 58 individuals who represented a diverse range of agencies and organizations to participate in interviews and focus groups regarding the housing needs and issues in Pinole. Five interviews/focus groups were held on June 30, July 25, and July 26, 2022.
The stakeholder groups that participated included the following:
▪ Friends of Pinole Creek Watershed (June 30, 2022, focus group) ▪ Pinole Valley Community Church (June 30, 2022, focus group) ▪ BGAM Property Management (June 30, 2022, focus group) ▪ Pinole Rotary Club (July 25, 2022, one-on-one interview) ▪ Contra Costa Association of Realtors (July 26, 2022, one-on-one interview) The stakeholders discussed a variety of concerns and the following key themes were identified:
▪ Protect and promote the character of Pinole while providing a variety of housing options.
▪ Provide housing near community facilities and amenities like parks, open space, and transportation.
▪ A lack of affordable housing options and how to incentivize multifamily and affordable development in the City.
▪ Habitat restoration and protection needs to be considered when locating housing sites. ▪ Need for more education and outreach to inform residents of housing law and what affordable housing is, to shift the perceived stigma.
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▪ Provide protections and resources for seniors, first-time homebuyers, and lower- and middle-income individuals.
Housing Element Survey
Another component of the outreach effort was the Housing Element survey, posted on the City’s website from May 2022 through August 2022, and promoted through a variety of channels to reach the entire community. Although the survey was offered in four languages (English, Spanish, Cantonese, and Tagalog), all respondents participated in English. As of the close of the online survey on August 15, 2022, the City received a total of 149 completed surveys. Of those who responded, 63 percent of respondents were homeowners, 49 percent of respondents were white or Caucasian, and 35 percent were a senior out of the 100 responses who answered the question (49 respondents skipped this question). Responses to the survey primarily revealed concerns from residents regarding:
▪ Difficulty paying rent, mortgage, or down payment
▪ Substandard housing quality
▪ Strong support for workforce housing
▪ Improvements to infrastructure and access to community amenities Responses to the survey revealed particular concern about the following groups being able to find an affordable place to live in Pinole: persons experiencing homelessness, lower- and middle-income workers, and the elderly. The housing issues that survey respondents were most concerned about were poor infrastructure in neighborhoods (streetlights, sidewalks, roadways, etc.), followed by overcrowding and homelessness.
Public Workshops
The City held two virtual public workshops—Wednesday, May 11, 2022, and Thursday, June 9, 2022, both at 7:00 p.m.—to present information on the Housing Element update and gather public input. Twenty-five members of the community participated in the workshops and provided feedback through question and answer sessions in the Housing Element update process including housing needs (workshop #1) and the potential RHNA sites, draft goals, and programs (workshop #2). Live Tagalog, Cantonese, and Spanish interpretations were provided, recorded, and posted on the project webpage for both workshops for those who could not attend, or who wanted to review the materials and meetings at their leisure.
Assessment of Fair Housing Issues
City Overview
Pinole is located in Contra Costa County, in the Oakland-Hayward-Berkeley, CA Metropolitan Statistical Area. The City is bordered on the north by San Pablo Bay, on the southeast by 488 of 677
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regional park lands, and on the remain sides by surrounding jurisdictions. Pinole is approximately five square miles of land and is bisected by Interstate 80.
Much of the fair housing analysis is based upon census data provided at the census tract level. Figure 15 displays the census tracts in the City. Many tracts have a small area within the City of Pinole, but the majority of their area is located outside city limits. Two of the census tracts (tracts 3630 and 3640.02) have very little housing and are primarily commercial developments and Interstate 80. Census tract 3601.02 is completely occupied by the Pinole Valley Park, which is open space available to the public, and does not have any commercial or housing developments. Most of the housing in Pinole is located in four census tracts:
3591.02, 3591.03, 3592.02, and 3601.01.
The Affirmatively Furthering Fair Housing (AFFH) section also considers the effects that the selected RHNA sites may have on fair housing. Selected RHNA sites and entitled projects are relatively distributed throughout the City.
Figure 15: Census Tracts and RHNA Sites
Source: HCD AFFH Data Viewer
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Fair Housing Enforcement and Outreach Capacity
Fair housing services are provided to residents of Pinole primarily through the Eden Council for Hope and Opportunity (ECHO) Housing. ECHO Housing is a US Department of Housing and Urban Development (HUD) approved housing counseling agency, which provides tenants and landlords in Contra Costa County and the region with services that include tenant’s rights workshops, landlord training, rent review and eviction assistance, and mediation services. ECHO Housing has offices in Antioch, Alameda, and Monterey.
Additionally, Bay Area Legal Aid provides legal assistance to low-income residents for a wide range of issues, including eviction issues, rent raises, and housing conditions and discrimination. Bay Area Legal Aid has offices in Richmond, Oakland, and Napa, as well as other cities in the Bay Area. This organization also offers monthly housing rights clinics in Richmond.
In addition to the efforts of the above nonprofit groups, Contra Costa County enacted an eviction and rent increase memorandum on April 21, 2020. The eviction moratorium for certain residential tenants and a moratorium on certain residential rent increases ended on September 30, 2021 and has not been extended. Protections laid out in the memorandum include the following: prohibition on evictions due to unpaid rent (related to COVID-19), ban on no-fault evictions, moratorium on rent increases, a 120-day grace period to pay back rent, and no late fees for back rent.
Integration and Segregation
Race and Ethnicity
Figure 16 shows the racial and ethnic majority by census tract in the City of Pinole. As illustrated, almost the entirety of the City has a sizable White majority, with a small portion in the west having a slim White majority. Just outside city limits, there is an Asian majority to the east and a Hispanic majority in the west. The portions of the City in the west with a slim White majority are also the areas where poverty and single female-headed households are more prevalent.
These trends continue beyond the bounds of the City. Pinole has comparable racial trends to the County and the Bay Area as a whole. A predominant discrepancy is Pinole’s prominent Asian population, which makes up 27 percent of the City, while Countywide, the Asian population is about 17 percent of the overall makeup. Pinole has a prominent Filipino population.
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Figure 16: Racial and Ethnic Majority, 2010
Source: HCD AFFH Data Viewer
Figure 17 shows the percent of the population in each block group that is non-White. As shown in Figure 17, the northwest portion of the City has the highest percent of the population that is non-White. The majority of Pinole has a non-White population between 41 to 60 percent. Three block groups in eastern Pinole have the lowest amount of non-White population, between 21 and 40 percent. The portions of the City in the west with a larger non-White population are also the areas where poverty and single female-headed households are more prevalent.
As of 2019, 67 percent of the City was non-White, while 56 percent of the County was nonWhite, and 61 percent of the Bay Area region was non-White. The overall distribution of the non-White population is comparable between the City and the region as a whole, with a slightly higher proportion in Pinole.
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Figure 17: Percent non-White, 2018 and RHNA Sites
Source: HCD AFFH Data Viewer
Figure 18 compares the RHNA units with the total percentage of the population that is nonWhite. The sites are relatively evenly distributed throughout the City, without a concentration in any specific area. As the non-White population is distributed across the City as well, it is unlikely that the RHNA site selection will exacerbate any conditions or make any negative changes to fair housing conditions as they pertain to the non-White population. 492 of 677
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Figure 18: Percent non-White Comparison of RHNA Units
Dissimilarity Index – Race and Ethnicity
Segregation is defined by the census as the spatial distributions of different groups among units in a metropolitan area. Segregation can be quantified by using the dissimilarity index, which measures the distribution of two groups in a city and assigns a score between 1 and 100. The level of segregation is determined by assessing what percentage of residents in a census block would have to move for each block to have the same proportion of said group.
A score of zero (0) reflects a fully integrated environment; a score of 100 (or 100%) reflects full segregation. Therefore, a higher dissimilarity index indicates higher concentrations of the indicated ethnic groups in areas of the City, when compared to the White population distribution. A lower dissimilarity index implies higher integration, and a more even distribution of each ethnicity when compared to the White population. The formula for this calculation is provided by California Department of Housing and Community Development’s (HCD) AFFH Guidance Document.
The categories for the dissimilarity index on a scale of 1-100 are as follows:
• <30: Low Segregation
• 30-60: Moderate Segregation
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• >60: High Segregation
Figure 19 provides the dissimilarity index values in Pinole, Contra Costa County, and the MSA region as a whole, indicating the level of segregation between White residents and residents who are non-White, Black, Hispanic, or Asian. In Pinole, there is moderate segregation between the Black and White populations. There is low segregation between the Hispanic and White populations and between the Asian and White populations. Overall , the City has a moderate dissimilarity index of 31.86, which is just above the threshold for low segregation.
Segregation at the City level is much lower than Contra Costa County as a whole.
Figure 19: Dissimilarity Index for Race, 2020
Source: American Community Survey 2020 5-Year Estimates, Contra Costa County Analysis of Impediments to Fair Housing Income
The dissimilarity index can also be used to calculate income segregation, using the same scale as above. In the Bay Area region, income segregation is moderate with an income dissimilarity of 35.1. In Pinole, income dissimilarity is 26.6, indicative of low segregation.
As shown in Figure 20, and in comparison with Figure 17 above, the area in the western portion of the City with the greater concentration of the low- to moderate-income population is also the area with larger non-White population. It is also where the households at the poverty level and single female-headed households are more prevalent. Approximately 67 percent of the entitled and proposed units are located in an area where 50 to 75 percent of the households are low to moderate income.
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Pinole Contra Costa County San Francisco-Oakland-Hayward Region 494 of 677
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Figure 20: Low to Moderate Income Population, 2011–2015 and RHNA Sites Source: American Community Survey 2010-2014
The City established a vision to focus growth along the corridors in the Three Corridors Plan, which has access to transit, employment opportunities, and community resources. The majority of RHNA sites are located along these corridors, where there is currently a more predominant low to moderate income population, as shown in Figure 21. The City is including Program 18, a place-based improvement program to ensure that the RHNA site selection will improve access to these resources throughout the City.
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Figure 21: Low to Moderate Income Population Comparison of RHNA Units Figure 22 shows the change in the population under the federal poverty line by census tract from 2010-2014 to 2015-2019. Poverty is defined by incomes falling below the annually defined thresholds for family size by the Census. As shown in Figure 22, there are no census tracts in Pinole where more than 10 percent of the population experiences poverty. Poverty levels have decreased over time, as the median income has risen in Pinole. In 2020, 3.7 percent of Pinole’s overall population was below poverty level. Poverty in Contra Costa County is also low, with overall 8.2 percent of the population living below poverty level.
As there are no concentrations of poverty in the City, the distribution of the sites is unlikely to have an effect on distribution of poverty.
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Figure 22: Poverty Status, 2010-2014 and 2015-2019
Source: HCD AFFH Data Viewer
Figure 23 displays the distribution of housing choice vouchers (HCV) in the City. The HCV program is a 100 percent federally funded rental subsidy for low-income households living in privately owned rental units. The Contra Costa Housing Authority administers the HCV program for those in Pinole. The HCV program makes payments directly to the landlord and allows households to choose where they want to live, as long as it is up to minimum standards. Voucher amounts are dependent on family size and income and can expand housing choice and options for those on limited incomes, including those with low incomes, people with disabilities, and the elderly. As of 2010, there were 100 households using HCVs in the City of Pinole.
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Figure 23: Housing Choice Vouchers, 2010
Source: HCD AFFH Data Viewer
Familial Status
Figure 24 shows the percentage of children that are living in female-headed households with no spouse by census tract. It also shows entitled and proposed RHNA sites. In 2020, 1,050 households, or 15.5 percent of the total households in Pinole, were female-headed households, which is only slightly higher than the 12.0 percent for the County.
Four of Pinole’s census tracts have less than 20 percent of children in female-headed households. These tracts are east of Interstate 80 (Eastshore Freeway). Conversely, all tracts west of Interstate 80 have between 20 and 40 percent of children in female-headed households.
As shown in Figure 25, about 80 percent of RHNA sites are in a tract where 20-40 percent of children are in female-headed households. There are no areas of the City where more than 28 percent of children are in female-headed households. RHNA sites are not expected to impact fair housing concerns based on familial status.
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Figure 24: Children in Female-Headed Households and RHNA Sites, 2015-2019 Source: HCD AFFH Data Viewer
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Figure 25: Female-Headed Households comparison of RHNA Units Figure 26 shows the percentage of children in married couple households. No census tract in Pinole has less than 40 percent of children in married couple households. Most of the City’s residential census tracts are in the 40 to 60 percent range, while census tract 3601.01 has a percentage of children in married couple households of 80 percent or more. In the City of Pinole, 23.3 percent of households are married couple households with children present, compared to 34 percent Countywide. RHNA sites are not expected to impact fair housing concerns based on familial status.
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Figure 26: Children in Married Couple Households, 2015-2019 Source: HCD AFFH Data Viewer
Persons with Disabilities
The US Census Bureau provides information on the number of persons with disabilities of varying types and degrees. According to the US Census Bureau, a person is considered to have a disability if they have difficulty performing certain functions or difficulty with certain social roles. Affordability of appropriate housing and access, both within the home and to/from the home site, are the primary challenges for persons with disabilities. Access often requires specially designed dwelling units. Additionally, housing locations near public facilities and public transit are important for this special needs group. In 2019, it was estimated by the Census that 14 percent of the population in Pinole, 11 percent in Contra Costa County, and 10 percent in the Bay Area region have a disability. Types of disabilities included in the Census are:
• Hearing difficulty: deaf or has serious difficulty hearing • Vision difficulty: blind or has serious difficulty seeing even with glasses 501 of 677
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• Cognitive difficulty: has serious difficulty concentrating, remembering, or making decisions
• Ambulatory difficulty: has serious difficulty walking or climbing stairs • Self-care difficulty: has difficulty dressing or bathing • Independent living difficulty: has difficulty doing errands alone, such as visiting a doctor’s office or shopping
Figure 27 shows an estimate of the number of Pinole residents with disabilities by type of disability. The most prevalent types of disability are ambulatory and independent living difficulties. Note that individuals may have more than one type of disability.
Ambulatory issues are the highest reported disability Citywide. A large population with walking difficulty creates a need for single-story housing, elevators, transit access, wheelchair access, larger homes for live-in help, and proximity to health facilities.
Figure 27: Disability Characteristics, 2019
Figure 28 shows that the disabled population is evenly distributed throughout Pinole. There are no significant changes in location or concentration of those with a disability between 2010-2014 and 2015-2019. There is no area of the City with an extreme concentration of 8%
7%
6%
4% 4%
3%
0%
1%
2%
3%
4%
5%
6%
7%
8%
9%
ambulatory
difficulty
independent
living difficulty
cognitive
difficulty
self-care
difficulty
hearing
difficulty
vision
difficulty
Proportion of Population with a Disability by Type
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persons with disabilities. The sites are not expected to cause fair housing concerns as they relate to residents with a disability.
Figure 28: Population with a Disability, 2010-2014 and 2015-2019 Source: HCD AFFH Data Viewer
Findings from Integration and Segregation
Overall, there is a difference in trends in integration and segregation between the eastern and western regions of the City. The City of Pinole has higher concentrations of low- to moderate-income residents in the northwestern areas of the City, which also are areas with larger non-White populations and more children in female-headed households. There are no concentrations of poverty or people with disabilities. The proposed and entitled RHNA sites are relatively distributed throughout the City and are not anticipated to exacerbate any fair housing concerns.
Racially and Ethnically Concentrated Areas of Poverty and Affluence Racially and Ethnically Concentrated Area of Poverty
HUD defines Racially and Ethnically Concentrated Areas of Poverty (R/ECAP) as areas where the percentage of the population that is non-White is over 50 percent and the percentage of households with incomes below the poverty line is over 40 percent. Alternatively, a neighborhood can be a R/ECAP if it has a poverty rate that exceeds 40 percent or is three or more times the average tract poverty rate for the metropolitan/micropolitan area, whichever threshold is lower.
There are no R/ECAPs in Pinole or in the nearby vicinity, as seen in Figure 29. Additionally, there are no areas of high segregation and poverty, as identified by the California Tax Credit 503 of 677
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Allocation Committee (TCAC). The closest R/ECAPs to Pinole are located in Vallejo and Berkeley.
The housing opportunity sites are not expected to cause fair housing concerns related to R/ECAPs, as no sites are located in a R/ECAP and the site distribution is not anticipated to contribute to the creation of a R/ECAP.
Figure 29: RECAPs Vicinity and RHNA Sites, 2021
Source: HCD AFFH Data Viewer
Racially Concentrated Area of Affluence
HUD defines Racially Concentrated Areas of Affluence (RCAAs) as areas where the percentage of the White population in a tract is over 1.25 times the average percentage of the White population in the given Council of Government (COG) region and the median income is 1.5 times higher than the COG or state AMI), whichever is lower. At the time of this analysis, there are no RCAAs in Pinole, as seen in Figure 30. 504 of 677
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Figure 30: RCAAs Vicinity, 2015-2019
Source: HCD AFFH Data Viewer
Disparities in Access to Opportunities
California Tax Credit Allocation Committee (TCAC)
One tool that can be used to analyze disparities in access to opportunities is the Tax Credit Allocation Committee (TCAC) Opportunity Area resource designations. These were prepared by a task force commissioned by TCAC and HCD to identify areas statewide whose economic, educational, and environmental characteristics support positive outcomes for low-income families. The map is updated annually. Opportunity maps are made for three domains:
economic, environmental, and education. Each map uses a number of indicators to determine its individual score. A composite score and resource designation combining all three designations is then assigned to each block group.
To determine final resource designation, the top 20 percent of overall scores in the economic, environmental, and education categories in a county are labeled as highest 505 of 677
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resource and the next 20 percent of scores are labeled as high resource. Then, any areas that are considered segregated and that have at least 30 percent of the population living below the federal poverty line are labeled as an area of High Segregation and Poverty. Any remaining uncategorized areas in the county are evenly divided between moderate resource and low resource areas.
Economic Indicators
Economic indicators include poverty, adult education, employment, job proximity, and median home value. The scores for Pinole are shown in Figure 31. Pinole has more positive economic scores in the east, and less positive scores in the northwestern part of the City.
The more positive scoring area contains single-family homes. The more positive scoring area also contains large areas of open space, which may slightly skew results. The low economic scores in northwestern Pinole may be associated with the lower incomes and home values in this area.
Figure 31: TCAC Economic Score, 2021
Source: HCD AFFH Data Viewer
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Education Indicators
Education indicators include math and reading proficiencies of fourth graders, high school graduation rates, and the student poverty rate. The entirety of Pinole is served by the West Contra Costa Unified School District, which includes three elementary (grades K-6), one bilingual school (courses in both English and Spanish) covering elementary and middle schools (grades K-8), one middle school (grades 7-8), and one high school (grades 9-12).
Currently, there are no Title I schools in Pinole. According to Great Schools, 71 percent of schools in the district are rated below average, 22 percent are rated average, and 8 percent are rated above average15. As shown in Figure 32, most of the City has lower outcomes.
Education scores are less positive in the southwestern area of the City, while the rest of the City is slightly less than average.
15 Great Schools, West Contra Costa Unified School District Summary. https://www.greatschools.org/california/richmond/west-contra-costaunified-school-district/ 507 of 677
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Figure 32: TCAC Education Score, 2021
Source: HCD AFFH Data Viewer
Environmental Indicators
The environmental domain utilizes CalEnviroScreen (CES) 4.0 pollution indicators and values (see below for more discussion on CES). As shown in Figure 33, the scores vary throughout the City, with environmental outcomes becoming less positive toward the north. The census tracts are bisected by Interstate 80, which contributes to the air and noise pollution.
Additionally, this portion of Pinole is largely built out, and is dominated by automobile dependent infrastructure—notably single-family zoning and subdivisions and ‘big-box’ style commercial developments. Additionally, the lower environmental outcomes in the northwestern areas contain varying intensities of industrial use, from auto mechanic shops to concrete production facilities.
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Figure 33: TCAC Environmental Score, 2021
Source: HCD AFFH Data Viewer
TCAC Composite Score
Scores for each domain and the composite score for each census tract are shown in Figure
34. The entirety of the City is in the moderate or low resource area. Tracts that are moderate and low resource are likely due to their lower economic and education scores. The City is focusing growth as infill along the corridors identified in the Three Corridors Specific Plan, which has access to transit, employment opportunities, and community resources. As such, the majority of RHNA sites are located along and in proximity to these corridors that provide access through currently categorized low resource areas. Investment in the Three Corridors Specific Plan area is expected to increase access to opportunity and increase resources in the low resource area of the City. The City is also including programs to encourage development through incentives for mixed-use development, affordable, and senior housing with Program 5, Program 7, and Program 9 respectively. The City will also include Program 14 permit streamlining and Program 16 acquisition/rehabilitation of blighted or distressed properties to further encourage development in low resource areas. 509 of 677
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Figure 34: TCAC Composite Score
Source: HCD AFFH Data Viewer
Figure 35 displays the RHNA units down by income level that are in each TCAC composite category. The entirety of the City, and thus all of the units, are located in within the low and moderate resource category. This includes 42 percent of low-income units located in the low resource category while only 1 percent is in the moderate resource category. RHNA sites of various incomes in areas of these categories is unlikely to exacerbate any conditions or make any negative changes to the resource designation.
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Figure 35: TCAC Designation Comparison of RHNA Units
Transportation
Access to adequate transportation and a variety of transit options can help illustrate disparities in access to opportunities. WestCAT is a transit service of the Western Contra Costa Transit Authority, which provides local transit service coverage in western Contra Costa County. It also provides express services to regional transit hubs and stations such as the Salesforce Transit Center in San Francisco and the El Cerrito Del Norte BART Station. WestCAT also offers free dial-a-ride programs for elderly and disabled residents. Both public transportation and Interstate 80 provide access from Pinole to west Contra Costa County and the rest of the Bay Area.
The City also has a few multiuse bike paths, providing safer, nonmotorized transportation options within the City. There is a bike path along Pinole Creek which bisects San Pablo Avenue, one of the major thoroughfares, but does not extend east of Interstate 80. The trail connects to the regional San Francisco Bay Trail, which contains existing portions within City limits.
The Richmond Parkway Transit Center and the Hercules Transit Center are transit and commuter hubs in surrounding communities. The Richmond Parkway Transit Center is located on the west side of the I-80 and Richmond Parkway interchange, just west of the western City limits. The Hercules Transit Center is located less than one and one half miles east of the eastern City limits from San Pablo Avenue. WestCAT operates bus routes that connect to these centers.
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Low Resource Moderate Resource
Percent of RHNA Units
TCAC Composite Category by Tract
Lower Moderate Above Moderate
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Figure 36: Transit Map
Source: WestCAT, 2022
CalEnviroScreen
CES 4.0 is a tool that identifies communities in California that are disproportionately burdened by pollutants. Factors used to identify communities include ozone, particulate matter, drinking water contaminants, pesticide use, lead, diesel particulates, asthma rates, and linguistic isolation. A higher score indicates a higher effect of pollutants for the area.
As shown in Figure 37, CES scores vary across the City. The southeastern areas of the City have the lowest scores, with the higher scores in the northwestern corner of the City. The highest scored census tract in Pinole, but primarily includes Bayview-Montalvin, falls into the 81-90 percent range. The tract scores high in diesel particulate, toxic releases, and lead from housing. The tract is bisected by a railway, which is likely a factor of high scores for this. The lower-density southeastern part of Pinole contains large open spaces that significantly limit development, contributing to the lower CES scores.
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Figure 37: CES Percentile and RHNA Sites
Source: HCD AFFH Data Viewer
Figure 38 displays the comparison of RHNA sites and in each CES score group. While they largely follow similar trends, there is a concentration of sites in the 41-50 percentile, especially mixed-income sites. This concentration is in part due to the likelihood of development and availability of vacant and underutilized properties, as well as access to amenities along San Pablo Avenue, a major city thoroughfare. 513 of 677
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Figure 38: CalEnviroScreen Percentile Comparison of RHNA Units Findings
Trends in the access to opportunities analysis show that the City largely has lower access to opportunities throughout. The City has lower scores in opportunity metrics compared to the County as a whole. As such, many of the RHNA sites are located in the low resource areas, which include the highest rates of low-income households and are where housing choice voucher use primarily occurs.
The City is including programs to ensure that the RHNA site selection will improve access to resources in lower-resource areas. This includes Program 18 place-based improvements, Program 20 displacement prevention, and affordable and senior housing incentives with Program 7 and Program 9 respectively.
Additionally, other programs in the Housing Element are intended to spur housing development in the moderate-resource areas of the City. This includes Program 14 to incentivize mixed-used development, Program 14 streamline the permit process, and target ADU education with Program 22.
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CalEnviroScreen Percentile by Tract
Lower Moderate Above Moderate
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Disproportionate Housing Needs
Substandard Housing
Disproportionate housing needs are determined by comparing substandard housing or housing problems to tenure, race, household size, or household age. A household is considered substandard or to have a housing problem if it has one or more of the four following housing problems:
▪ Housing unit lacks complete kitchen facilities
▪ Housing unit lacks complete plumbing facilities
▪ Housing unit is overcrowded
▪ Household is cost burdened
A large household is a household with three or more children, but it is also often calculated as a household with five or more people, as it is for the charts below. An elderly household is calculated as any household with a person over 62 years of age. Large and elderly households are often more likely to experience housing problems.
Renters experience housing problems at a higher rate than owners across all ethnicities.
Black owners and large household owners experience housing problems at the highest rate among housing owners. Hispanic renters experience housing problems at the highest rate overall at around 69 percent. Black renters experience housing problems at the next highest rate at 53 percent, followed by 52 percent of White and 46 percent Asian renters. Rates of housing problems for the Hispanic population are relatively comparable between the City and the County, with 31 and 40 percent between the City and County respectively, and 69 and 64 percent of Hispanic renters in the City and County, respectively, experience housing problems. In 2018, there were no Native American or Pacific Islander populations in the City, which indicates why Figure 39 reads that 0 percent of that population experiences housing problems.
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Figure 39: Housing Problems by Tenure and Race/Elderly/Housing Size Cost burden is when a household spends more than 30 percent of its monthly income on housing costs like rent, mortgage, or utilities. Large households have more costs to support more people and may experience cost burden or a lack of excess funds to amend housing problems. Elderly households may be on a fixed income, which may constrain the ability to pay for maintenance of older homes.
Figure 40: Cost Burden by Tenure and Race/Elderly/Housing Size Overpayment by both owners and renters has decreased in Pinole over time in most areas of the City. The area with the highest levels of overpayment is the same area that has low environmental scores and higher levels of poverty. Overpayment by renters in the City 0%
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White Asian Hispanic Black Nat Am Pac Islander Large Households Elderly All Owner-Occupied Renter-Occupied Contra Costa County
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White Asian Hispanic Black Nat Am Pac Islander Large Households Elderly All Owner-Occupied Renter-Occupied Contra Costa County
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occurs at a comparable level with the County, with both showing approximately 48 percent of these households experiencing cost burden; overpayment by owners occurs at a slightly lower level in the City than in the County. In both cases, renters have higher rates of overpayment than owners.
Figure 41: Overpayment by Owners
Source: HCD AFFH Data Viewer
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Figure 42: Overpayment by Renters
Source: HCD AFFH Data Viewer
Overcrowding
A household is considered overcrowded when there is more than one person per room, including living and dining rooms but excluding bathrooms and kitchens. Overcrowding can affect public facilities and services, reduce the quality of the physical environment, and create conditions that contribute to deterioration of the housing stock. Additionally, overcrowding can indicate that a community does not have an adequate supply of affordable housing and/or variety of suitable housing units to meet the needs of the community.
In Pinole, there are no areas that have more than the statewide average of 8.2 percent of households experiencing overcrowding.
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Figure 43: Overcrowded Households
Source: HCD AFFH Data Viewer
Table 68 summarizes overcrowding in Pinole by tenure. Instances of overcrowding vary by tenure, with renters experiencing lower levels of overcrowding than owners. Approximately 247 households, roughly 3.7 percent of all households in Pinole, were experiencing overcrowding in 2019. This included 173 owner-occupied households and 74 renteroccupied households.
In Contra Costa County, cities near Pinole, such as San Pablo and Hercules, have similar rates of overcrowding. Pinole has lower levels of overall overcrowding compared to the County as a whole.
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Table 68: Overcrowding, 2019
Jurisdiction Persons per
Room
Owners Renters Total
Overcrowded
Households
% of
Total
Overcrowded
Households
% of
Total
Overcrowded
Households
% of
Total
Pinole 1.01 to 1.50 156 2.3% 66 1% 222 3.3%
>1.50 17 0.3% 8 0.1% 25 0.4%
Total
Overcrowded
173 2.6% 74 1.1% 247 3.7%
Contra
Costa
County
1.01 to 1.50 4,483 1.1% 9,001 2.3% 13,484 3.4%
>1.50 1,469 0.3% 4,974 1.3% 6,443 1.6%
Total
Overcrowded
5,952 1.4% 13,975 3.6% 19,927 5.0%
Source: HUD CHAS Data, 2019
Homelessness
The homeless population is a group that has disproportionately higher needs than those who are housed. Pinole currently does not have any shelters, and therefore there are no sheltered members of the homeless population. The Contra Costa Health, Housing & Homeless Services conducted the 2022 Point in Time Count (PITC), which counts the unsheltered homeless population in each city in the County. The PITC identified 3,093 both sheltered and unsheltered homeless persons in Contra Costa County. Table 69 shows the PITC for west Contra Costa County, which includes Pinole and neighboring jurisdictions.
There were 7 homeless persons surveyed in Pinole in January 2020, all of which were unsheltered.
Table 69: West Contra Costa County Unsheltered Point in Time Count, 2022 Jurisdiction Total
Pinole 53
Crockett 35
El Cerrito 24
El Sobrante 9
Hercules 7
North Richmond 22
Richmond 280
Rodeo 62
San Pablo 67
Source: 2020 Contra Costa County: Annual Point in Time Count Report 520 of 677
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Displacement
The Urban Displacement Project at the University of California, Berkeley, developed a map of “sensitive communities” where residents may be particularly vulnerable to displacement in the event of increased redevelopment and drastic shifts in housing cost. Sensitive communities are defined based on the following set of criteria:
The share of very low-income residents is above 20 percent.
The tract must also meet two of the following criteria:
o The share of renters is above 40 percent.
o The share of people of color is above 50 percent.
o The share of very low-income households (50 percent AMI or below) that are severely rent burdened is above the county median.
o The census tract, or areas in close proximity, have been experiencing displacement pressures. Displacement pressure is defined as:
▪ The percentage change in rent above county median for rent increases OR
▪ The difference between tract median rent and median rent for surrounding tracts above median for all tracts in county (rent gap).
Figure 44 shows the areas vulnerable to displacement as identified by the Urban Displacement Project. Two census tracts in Pinole are considered vulnerable to displacement, residential tract 3601.01 and commercial tract 3640.02, the largest area being located centrally within the City along Interstate 80. Areas along the western City limits show similar risk.
The City is attempting to meet its RHNA without displacing existing residents by identifying vacant and underutilized sites that do not have existing residential uses. Therefore, the City’s RHNA strategy is not anticipated to exacerbate risk of displacement. Instead, it is expected to minimize displacement by providing new housing opportunities for all income levels in areas with greater risk. Additionally, the City is implementing a Displacement Prevention Policy/Housing Mobility (Program 20) and Fair Housing Resources and Services Program (Program 19) to further minimize the risk of displacement. 521 of 677
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Figure 44: Communities Vulnerable to Displacement
Source: HCD AFFH Data Viewer
Findings
The analysis of disproportionate housing needs shows similar trends to the access to opportunities and integration and segregation analysis. The western and central portion of the City shows higher needs than the rest of Pinole, including needs and issues related to higher rates of overcrowding and possible displacement risk. Additionally, renters, Hispanic and large households experience the greatest rates of housing problems in the City.
The City is including Program 18, a place-based improvement program to ensure that the RHNA site selection will improve access to resources throughout the City.
RHNA sites are distributed throughout the City and are not concentrated in areas with disproportionate housing needs.
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Other Contributing Factors
Historical Land Use and Investment Patterns
Pinole was incorporated in 1903 and served as a small, regional hub along the San Pablo Bay. Contra Costa County and the City of Pinole experienced a post-World War II population boom, becoming a bedroom community for people working in San Francisco and Oakland.
Interstate 80 was constructed in 1958 and bisected the City. This major interstate helped usher in the era of automobile-dominated development in Pinole and the surrounding areas.
As a result of this era of development and preferences during this time, single family residential development has been the prevailing form of residential land use covering the City. Pinole has little land left for greenfield development, and a majority of the City is built out.
High Cost of Development
Difficult development areas (DDA) are areas with high land, construction, and utility costs relative to the area median income and are based on fair market rents, income limits, the 2010 Census counts, and 5-year American Community Survey data. HUD has determined that the entire jurisdiction of Pinole falls within a DDA. While being in a DDA can give developers additional tax credits on a project, there are also additional and often substantial barriers to construction in Pinole. Small developers and developments are less likely to be financially able to pursue construction in the area, and suitable sites for development are becoming ever harder to find. In addition to the lack of land, the high costs of construction and land can make building additional housing stock difficult.
Fair Housing Issues, Contributing Factors, and Meaningful Action The City has drafted goals and actions that specifically address the contributing factors identified in the AFFH analysis. While the City views all contributing factors as important priorities to address, higher priority was given to factors that limit fair housing choice and/or negatively impact fair housing, per Government Code Section 65583(c)(10)(A)(iv).
Table 70 displays the identified fair housing issue, contributing factor, actions taken to address the contributing factor, and priority level for each issue. Relevant programs are referenced in the action column for each contributing factor. 523 of 677
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Table 70: Contributing Factors
Identified Fair
Housing Issue
Contributing Factor Action (Program #) Priority
Disproportionate
Housing Needs
• Lack of affordable or
multifamily
housing/diverse housing
stock
• Facilitate ADU Production (Program
4)
• Incentives for Mixed-Use
Developments (Program 5)
• Affordable Housing Incentives
(Program 7)
• Housing for Extremely Low-Income
Households and Persons with
Disabilities (Program 8)
• Senior Housing Incentives (Program
9)
• Displacement Prevention / Housing
Mobility (Program 20)
• Home Sharing and Tenant Matching
(Program 10)
High
Segregation and
Integration
• Lack of affordable
housing stock
• Zoning restrictions
• Outreach and Technical Assistance to
Applicants (Program 3)
• Facilitate ADU Production (Program
4)
• Incentives for Mixed-Use
Developments (Program 5)
• Affordable Housing Incentives
(Program 7)
• Zoning Amendments (Program 11)
• Place-Based Improvements (Program
18)
• ADU Education (Program 22)
Moderate
Access to
Opportunities
• Lower access to
opportunities than
Contra Costa County as a
whole
• Place-Based Improvements (Program
18)
• Fair Housing Resources and Services
(Program 19)
• Housing Resources Education
(Program 21)
• Home Sharing and Tenant Matching
(Program 10)
Moderate
Outreach and
Enforcement
Capacity
• Lack of widely publicized
housing information
• Place-Based Improvements (Program
18)
• Fair Housing Resources and Services
(Program 19)
Low
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Identified Fair
Housing Issue
Contributing Factor Action (Program #) Priority
• Housing Resources Education
(Program 21)
• ADU Education (Program 22)
Table 71 provides a detailed overview of actions included in Housing Element programs that are aimed at affirmatively furthering fair housing. The table separates the actions by their identified fair housing issue and priority level. It summarizes the specific commitment, timeline, geographic targeting, and metric for each program.el 525 of 677
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Table 71: AFFH Actions Matrix
HE Programs or
Other Activities
Specific Commitment Timeline Geographic Targeting 2023–2031 Metric Disproportionate Housing Needs
Program 4 To encourage and increase ADU production in
the City, a number of efforts are included. The
programs are intended to help the City meet its
target projection of 3 ADUs per year.
Track ADU permits as
they are submitted.
Review ADU strategies
annually as part of the
Annual Progress Report
process. Adopted
amnesty program and
developed fast track
program within 2 years
of Housing Element
adoption.
Targeted promotion of
ADUs in east Pinole.
Targeted promotion of
ADUs in neighborhoods
which the geographic
review identifies as
building fewer ADUs.
Construction of 5 ADUs
per year.
Program 5 The City will develop incentives to encourage residential mixed-use development in areas
consistent with the Three Corridors Specific Plan
Land Use Plans, and in particular along portions
of the San Pablo Avenue, Pinole Valley Road, and
Appian Way.
Within two years of
Housing Element
adoption.
Three Corridors Specific
Plan areas and mixed-use
zones
Amended zoning
ordinance with adopted
incentives. Entitlement
of 3 mixed-use projects
using one or more of the
available incentives
Program 7 Create and adopt a set of incentives for projects that provide a minimum of 15 percent of total
units affordable to low and moderate income
households, and provide additional affordable
housing beyond the City’s 15 percent
inclusionary requirement.
Within two years of
Housing Element
Adoption
Citywide Completion of initial
review of affordable
housing developments
within prescribed
timeline. Expedited
review of projects to
take 50% less time than
the normal review
process.
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HE Programs or
Other Activities
Specific Commitment Timeline Geographic Targeting 2023–2031 Metric Program 8 Encourage and facilitate the development of
housing for ELI households and housing for
persons with disabilities
Annual review of
funding opportunities,
collaboration with
services providers, and
contact of developers.
Annual developer
workshop. Use of one or
more incentives for ELI
and/or households with
persons with disability
housing development in
one project throughout
the planning period.
Development of fee
waiver program within
18 months of Housing
Element adoption.
Zoning Ordinance
amendments for ELI
parking reduction
within two years of
Housing Element
adoption.
Citywide Annual contact of
developers
Program 9 The City will develop a set of incentives to
encourage the development of housing for
seniors.
Within two years of
Housing Element
adoption
Citywide Use of one or more
incentives for senior
housing development in
one project throughout
the planning period.
Program 20 Within one year, coordinate with a qualified fair housing service provider to conduct a
meeting/workshop to inform residents and
landlords of sources of income protection and
Revise zoning ordinance
to require affordable
unit replacement within
two years of Housing
Conduct the source of
income
protection/tenant’s rights
workshop in west Pinole.
Conducted workshop
within one year of
adoption. Provide
resources on source of
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HE Programs or
Other Activities
Specific Commitment Timeline Geographic Targeting 2023–2031 Metric state rent control laws such as AB 1482. This may
be done in coordination with the workshop in
Program 18.
Coordinate outreach efforts to inform landlords
and tenants of recent changes to state law that
prevent source of income discrimination,
including allowance of housing choice vouchers
(HCVs) to establish a renter’s financial eligibility.
Pursuant to SB 330, ensure that when existing
housing is demolished, at least an equivalent
number of units at the same affordability are
created as replacements.
Element adoption;
create and distribute
informational materials
by within 18 - 24
months of Housing
Element adoption, with
annual outreach to
tenants and relevant
organizations.
Conducted workshop
within one year of
adoption.
income discrimination
and housing choice
vouchers to 35
households annually.
Program 11 The Home Sharing and Tenant Matching program will work in tandem with educating residents and
facilitating additional ADU and JADU
developments across the City. The pamphlets
developed in Program 22 will include detailed the
Pinole home sharing program, once developed,
and references to other educational and financial
resources for homeowners incorporating and ADU
and/or JADU on their properties, or seeking
housemates to live in their JADU
Develop program
components, outreach
strategies and compile
resources within three
years of Housing
Element adoption.
Citywide 10 tenant matches
completed throughout
the planning period.
Segregation and Integration
Program 3 The City will provide technical assistance to developers to encourage provision of affordable
housing that are consistent with City goals.
The City will engage and coordinate with other
public agencies, faith and community-based
organizations, and housing developers.
Technical assistance
provided as needed.
Develop comprehensive
coordinated review
procedures with all city
departments within one
year of Housing Element
adoption. Create
Faith-based organizations
and facilities across Pinole.
Technical assistance to
all affordable housing
applicants. Make the
comprehensive
coordinated review with
all city departments
standard operating
procedure for all
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HE Programs or
Other Activities
Specific Commitment Timeline Geographic Targeting 2023–2031 Metric developer interest list
within 6 months of
Housing Element
adoption and contact
affordable housing
builders annually with
information about sites
to facilitate
development of
affordable rental
housing. Annual
outreach to public
agencies and
community and faithbased organizations for
funding and partnership
opportunities.
residential
developments. Annual
review of available
funding sources and
contact to other
agencies and
developers.
Program 4 To encourage and increase ADU production in the City, a number of efforts are included. The
programs are intended to help the City meet its
target projection of 3 ADUs per year.
Track ADU permits as
they are submitted.
Review ADU strategies
annually as part of the
Annual Progress Report
process. Adopted
amnesty program and
developed fast track
program within 2 years
of Housing Element
adoption.
Targeted promotion of
ADUs in east Pinole.
Targeted promotion of
ADUs in neighborhoods
which the geographic
review identifies as
building fewer ADUs.
Construction of 5 ADUs
per year.
Program 5 The City will develop incentives to encourage residential mixed-use development in areas
consistent with the Three Corridors Specific Plan
Land Use Plans, and in particular along portions of
Within two years of
Housing Element
adoption.
Three Corridors Specific
Plan areas and mixed-use
zones
Amended zoning
ordinance with adopted
incentives. Entitlement
of 3 mixed-use projects
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HE Programs or
Other Activities
Specific Commitment Timeline Geographic Targeting 2023–2031 Metric the San Pablo Avenue, Pinole Valley Road, and
Appian Way.
using one or more of the
available incentives
Program 7 Create and adopt a set of incentives for projects that provide a minimum of 15 percent of total
units affordable to low and moderate income
households, and provide additional affordable
housing beyond the City’s 15 percent inclusionary
requirement.
Within two years of
Housing Element
Adoption
Citywide Completion of initial
review of affordable
housing developments
within prescribed
timeline. Expedited
review of projects to
take 50% less time than
the normal review
process.
Program 11 The City is including a number of zoning
amendments as identified in the constraints
section to ensure compliance with state law and
remove constraints to development.
Within two years of
Housing Element
adoption.
Citywide Not Applicable
Program 18 As a part of the EJ Element, the City will pursue programs to increase environmental health and
quality of life across Pinole.
The City is working with County develop a
contractual arrangement to develop an enhanced
BayREN Home+ rebate incentive structure for
Pinole homeowners and multifamily property
owners to undertake needed energy efficiency
projects.
The City has multiple projects in its Capital
Improvements Plan identified to improve mobility
and active transportation opportunities in the
western part of the City.
As identified in CIP
Schedule;
Environmental Justice
Element adopted by the
end of 2023. BayREN
rebates in the 2022-23
fiscal year.
Targeted roll out of
program to Western
Pinole/EJ Element
Impacted Community first.
Completed Capital
Improvement Projects
and Adopted
Environmental Justice
Element.
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HE Programs or
Other Activities
Specific Commitment Timeline Geographic Targeting 2023–2031 Metric Program 22 The City is developing a comprehensive education program to promote the development of second
dwelling units in the City. The program will
contain information for residents who may be
unaware of the ability to build or incorporate an
ADU and/or JADU on their properties, as well as
detailed guidance on how to go through the ADU
an JADU process and what financial resources are
available. The City will provide pamphlets on the
City website and at City Hall with detailed
information on the ADU and JADU processes.
The City will also provide a pamphlet with
detailed information on SB 9 opportunities in the
City. This will include a FAQ and detailed guidance
on how to utilize SB 9 in the City.
This program will work in conjunction with
Program 10.
Develop outreach
strategies and compile
resources within two
years of Housing
Element adoption.
Promotion of Home
Sharing and Tenant
Matching (Program 10)
six months after
program development.
Increased promotion of
ADUs, JADUs, and SB 9
potential in higher
opportunity areas of the
City as determined by
TCAC opportunity area
maps.
Increased development
of ADUs from 3 to 5
annually. Development
of 1 JADU annually.
Access to Opportunities
Program 18 As a part of the EJ Element, the City will pursue programs to increase environmental health and
quality of life across Pinole.
The City is working with County develop a
contractual arrangement to develop an enhanced
BayREN Home+ rebate incentive structure for
Pinole homeowners and multifamily property
owners to undertake needed energy efficiency
projects.
The City has multiple projects in its Capital
Improvements Plan identified to improve mobility
As identified in CIP
Schedule;
Environmental Justice
Element adopted by the
end of 2023. BayREN
rebates in the 2022-23
fiscal year.
Targeted roll out of
program to Western
Pinole/EJ Element
Impacted Community first.
Completed Capital
Improvement Projects
and Adopted
Environmental Justice
Element.
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HE Programs or
Other Activities
Specific Commitment Timeline Geographic Targeting 2023–2031 Metric and active transportation opportunities in the
western part of the City.
Program 19 The City will advertise the services of and
collaborate with the County’s contracted fair
housing provider, currently ECHO Housing. ECHO
housing holds monthly Regional Fair Housing
Trainings for tenants, landlords, service providers,
and staff of local governments. The City will hold
an annual workshop with the County’s fair
housing service provider or another qualified fair
housing service provider in the City of Pinole.
The City will make educational and training
resources available to tenants, landowners,
homeowners, and any other residents who may
be affected by fair housing policy.
The City will continue to encourage improved
community participation and representation in all
official city business, events, and
communications. The City will contract with a
translation service as needed for meetings,
putting a standard note on all hearing notices and
communications in Tagalog, Spanish and Chinese
indicating that interpretation and translation
services are available upon request. The City will
contract with a translation service for direct on
the spot translation/interpretation needs at the
front counter.
The City will review demographic changes in the
City to determine if translation should be
provided for new or additional languages every
four years. Translation to additional languages
added as determined by demographic analysis.
Biennial fair housing
workshops. Ongoing
provision of resources
and referrals to fair
housing service
providers. Review of
demographics to
determine appropriate
translation and
interpretation languages
every 4 years.
Hold at least 50% of in
person workshops for fair
housing in west Pinole, or
other areas with low
access to opportunities
per the most recent TCAC
opportunity area map.
Provide annual
workshops or
information fairs with
the County fair housing
provider or another
qualified fair housing
provider. Provide fair
housing resources or
referrals to 50
households annually.
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HE Programs or
Other Activities
Specific Commitment Timeline Geographic Targeting 2023–2031 Metric The City will also participate in the Regional
Analysis of Impediments to Fair Housing Choice,
which is updated every five years. The City will
work with the County to publicize the outreach
program for the update.
Program 21 The City will promote and advertise available housing resources to residents through a variety
of mediums. The City will continue to promote
homebuyer assistance programs available
through the County and State, such as the
Mortgage Credit Certificate (MCC) program and
California Housing Finance Agency’s down
payment assistance programs.
Provision of information
within 18 months of
Housing Element
adoption. Presence at
community events at
least once per year.
Citywide Provision of housing
information to
approximately 75
residents annually.
Program 11 The Home Sharing and Tenant Matching program will work in tandem with educating residents and
facilitating additional ADU and JADU
developments across the City. The pamphlets
developed in Program 22 will include detailed the
Pinole home sharing program, once developed,
and references to other educational and financial
resources for homeowners incorporating and ADU
and/or JADU on their properties, or seeking
housemates to live in their JADU
Develop program
components, outreach
strategies and compile
resources within three
years of Housing
Element adoption.
Citywide 10 tenant matches
completed throughout
the planning period.
Outreach and Enforcement Capacity
Program 18 As a part of the EJ Element, the City will pursue programs to increase environmental health and
quality of life across Pinole.
The City is working with County develop a
contractual arrangement to develop an enhanced
BayREN Home+ rebate incentive structure for
Pinole homeowners and multifamily property
As identified in CIP
Schedule;
Environmental Justice
Element adopted by the
end of 2023. BayREN
rebates in the 2022-23
fiscal year.
Targeted roll out of
program to Western
Pinole/EJ Element
Impacted Community first.
Completed Capital
Improvement Projects
and Adopted
Environmental Justice
Element.
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HE Programs or
Other Activities
Specific Commitment Timeline Geographic Targeting 2023–2031 Metric owners to undertake needed energy efficiency
projects.
The City has multiple projects in its Capital
Improvements Plan identified to improve mobility
and active transportation opportunities in the
western part of the City.
Program 19 The City will advertise the services of and
collaborate with the County’s contracted fair
housing provider, currently ECHO Housing. ECHO
housing holds monthly Regional Fair Housing
Trainings for tenants, landlords, service providers,
and staff of local governments. The City will hold
an annual workshop with the County’s fair
housing service provider or another qualified fair
housing service provider in the City of Pinole.
The City will make educational and training
resources available to tenants, landowners,
homeowners, and any other residents who may
be affected by fair housing policy.
The City will continue to encourage improved
community participation and representation in all
official city business, events, and
communications. The City will contract with a
translation service as needed for meetings,
putting a standard note on all hearing notices and
communications in Tagalog, Spanish and Chinese
indicating that interpretation and translation
services are available upon request. The City will
contract with a translation service for direct on
Biennial fair housing
workshops. Ongoing
provision of resources
and referrals to fair
housing service
providers. Review of
demographics to
determine appropriate
translation and
interpretation languages
every 4 years.
Hold at least 50% of in
person workshops for fair
housing in west Pinole, or
other areas with low
access to opportunities
per the most recent TCAC
opportunity area map.
Provide annual
workshops or
information fairs with
the County fair housing
provider or another
qualified fair housing
provider. Provide fair
housing resources or
referrals to 50
households annually.
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HE Programs or
Other Activities
Specific Commitment Timeline Geographic Targeting 2023–2031 Metric the spot translation/interpretation needs at the
front counter.
The City will review demographic changes in the
City to determine if translation should be
provided for new or additional languages every
four years. Translation to additional languages
added as determined by demographic analysis.
The City will also participate in the Regional
Analysis of Impediments to Fair Housing Choice,
which is updated every five years. The City will
work with the County to publicize the outreach
program for the update.
Program 21 The City will promote and advertise available housing resources to residents through a variety
of mediums. The City will continue to promote
homebuyer assistance programs available
through the County and State, such as the
Mortgage Credit Certificate (MCC) program and
California Housing Finance Agency’s down
payment assistance programs.
Provision of information
within 18 months of
Housing Element
adoption. Presence at
community events at
least once per year.
Citywide Provision of housing
information to
approximately 75
residents annually.
Program 22 The City is developing a comprehensive education program to promote the development of second
dwelling units in the City. The program will
contain information for residents who may be
unaware of the ability to build or incorporate an
ADU and/or JADU on their properties, as well as
detailed guidance on how to go through the ADU
an JADU process and what financial resources are
available. The City will provide pamphlets on the
City website and at City Hall with detailed
information on the ADU and JADU processes.
Develop outreach
strategies and compile
resources within two
years of Housing
Element adoption.
Promotion of Home
Sharing and Tenant
Matching (Program 10)
six months after
program development.
Increased promotion of
ADUs, JADUs, and SB 9
potential in higher
opportunity areas of the
City as determined by
TCAC opportunity area
maps.
Increased development
of ADUs from 3 to 5
annually. Development
of 1 JADU annually.
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HE Programs or
Other Activities
Specific Commitment Timeline Geographic Targeting 2023–2031 Metric The City will also provide a pamphlet with
detailed information on SB 9 opportunities in the
City. This will include a FAQ and detailed guidance
on how to utilize SB 9 in the City.
This program will work in conjunction with
Program 10.
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Sites and Resources
Land Inventory
The sites and resources section of the Housing Element provides an overview of available land resources and residential sites for future housing development, evaluates how these resources can satisfy future housing needs, reviews financial and administrative resources available to support affordable housing, and discusses resources available for the development, rehabilitation, and preservation of housing in Pinole.
Housing Allocation
California General Plan law requires that a community provide a fair share of sites to allow for and facilitate production of the regional share of housing. To determine whether a jurisdiction has sufficient land to accommodate its share of regional housing needs for all income groups, that jurisdiction must identify “adequate sites.” As defined under California Government Code Section 65583(c)(1), adequate sites are those with appropriate zoning and development standards, with services and facilities to encourage and provide for the development of a variety of housing for all income levels.
The California Department of Housing and Community Development (HCD) and the California Department of Finance (DOF) are responsible for assessing the housing needs for different regions across the state. Pinole is in the Association of Bay Area Governments (ABAG) region, which received a regional allocation of 441,176 housing units. ABAG then distributed these housing units between all jurisdictions, a process known as the Regional Housing Needs Allocation (RHNA). ABAG adopted its final allocations on December 16, 2021.
The City of Pinole’s RHNA for the 2023-2031 planning period (6th Cycle) is 500 total units, spread among different income categories, as shown in Table 72.
Table 72: 2023–2031 RHNA
Very Low Income Low Income Moderate Income Above Moderate Income
Total
121 69 87 223 500
Source: Regional Housing Needs Allocation, ABAG, 2023-2031. *Note: Pursuant to AB 2634, local jurisdictions are also required to project the needs of extremely low income households (0–30% of area median income). The projected extremely low-income need can be assumed as 50 percent (60) of the total need for the very low-income households.
No Net Loss Buffer
Recent changes to state law (Senate Bill 166 – 2017) require 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 Element, or at a different income than projected, the City must have adequate sites available to 537 of 677
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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 new sites that can accommodate the remaining need within six months. For these reasons, the City is including an additional buffer of 20 percent above the RHNA in each category. Therefore, the City will provide adequate capacity for a total of 600 units. Table 73 illustrates the RHNA breakdown by income category with the 20 percent buffer.
Table 73: 2023–2031 RHNA with Buffer
Very Low Low Moderate Above Moderate Total
RHNA 121 69 87 223 500
20% Buffer 24 14 17 45 100
Total with Buffer 145 83 104 268 600
Realistic Capacity
State law requires that a city project realistic estimates for housing capacity on its RHNA sites.
Realistic capacity may be estimated by utilizing recent project history, using a minimum density, or through other methods. As the majority of the City’s new housing growth is expected to take the form of multifamily housing, the City reviewed multifamily projects constructed during the 5th Cycle to understand historical trends for multifamily housing production.
Multifamily developments in the City have had success in meeting the densities required by the Zoning Ordinance. Table 74 lists the recent multifamily projects built, approved, or proposed in the City. The table shows the project, land use, zoning, density, number of units, maximum density of the zone, and yield percentage of the project. Seven recent projects have density yields ranging from 55 percent to 183 percent, with an average of 109 percent of the maximum permitted density. The project with the 55 percent yield, the BCRE project, was designed around keeping the existing commercial/office building that is to remain, lowering the yield. For Appian Village, there were site-specific considerations such as steeply sloped areas around the western property line and Specific Plan height limitations when adjacent to single family residential that the applicant chose to design around, lowering the yield of the project to 63 percent.
Three of the seven projects used density bonuses to achieve densities greater than allowed by the underlying zoning. This greatly increased the individual and the average project yield.
To project future development yields a very conservative approach was taken. Rather than use the actual average yield (109%), the City deducted all additional units derived from density bonuses. In this manner, the yields from the recent projects were limited to a maximum of 100% of the maximum density instead of using the actual yields of up to 183% on 43% of the sites, as shown in Table 74. This lowered the average yield from 109% to 83%, 538 of 677
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as shown in Table 74. The assumed yield used in the calculations was further reduced to 70% to provide a combined 36% reduction and buffer from the actual average yields to provide a conservative and achievable estimate of project yield based on past trends. This will effectively result in a 36% buffer and safety factor over and above the 20% buffer in excess of the required RHNA.
Table 74: Recently Built, Approved, or Proposed Multifamily Projects Project Land Use Zoning
Project
Density
(du/acre)
Number
of Units
Max
Density
Yield
Percentage
Calculated
Percentage
(100% max)
Vista Woods MUSA R4 89 179 50 178% 100%
Appian Village SSA, Appian
Way
Corridor
RMU/
CMU
20.9 154 32.7** 63% 63%
BCRE Mixed-Use
Office and
Residential
SSA, Pinole
Valley Road
Corridor
OPMU 16.6 29 30 55% 55%
SAHA Veteran’s
Housing
MUSA CMU 55 334 30 183% 100%
Pinole Vista* SSA, Appian
Way
Corridor
CMU 37.6 223 30 125% 100%
1479 San Pablo
Ave
MUSA RMU 29.7 3 35 85% 85%
810 E Meadow Suburban
Residential
R2 15.2 5 20 76% 76%
Average 109% 82.7%
* Proposed project, not included in the RHNA
** Density calculated proportional to acreage between two zones Du/acre = dwelling units per acre
The City has substantial evidence that demonstrate average project yields in excess 100% for its multi-family zones. However, to be highly conservative and meet all requirements in state law, the City is further reducing the anticipated yield to 70%. This assumption accounts for and anticipates that some properties may develop with mixed-use projects, or that some portions of existing uses may remain on site. For example, the actual average and proposed yields include the BCRE project which adds new office and residential to an existing office development.
The recent projects also demonstrate that the mixed-use zones have been developed with 100% residential projects, showing application of flexible development standards in the City.
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recent projects. In one case it was waived due to the density bonus and in another case it was waived as the applicant provided community benefits.
Yields were determined based on recent projects shown above and zoning standards. This serves as a conservative estimate which is lower than the average of recent development projects in these zones. In mixed-use zones alone, recent projects have averaged 74 percent of the yield, using 100 percent as the maximum for density bonus projects. Using 70 percent ensures a realistic estimate for sites in these zones. Table 75 displays he assumed yields for multifamily zones, by zone and provides and estimated yield density for each. Based on higher recent trends in development, a 70 percent yield is a conservative estimate that is highly likely to be achieved and exceeded as the proposed RHNA sites are developed.
For single-family zones, one unit per lot, graded pad, or subdivision capacity was assumed on each parcel.
Table 75: Assumed Yields for Multifamily Zones
Zone Maximum Density
(du/acre)
Yield Estimated Yield Density
(du/acre)
R2 20 70% 14
Residential Mixed Use
(RMU)
35 70% 24.5
Commercial Mixed Use
(CMU)
30 70% 21
Very High Density
Residential (R4)
50 70% 35
Du/acre = dwelling units per acre
Assumed Affordability
Density
The California Government Code states that if a local government has adopted density standards consistent with the population-based criteria set by state law (at least 20 dwelling units per acre (du/ac) for Pinole), HCD is obligated to accept sites with those density standards (20 du/ac or higher) as appropriate for accommodating the jurisdiction’s share of regional housing need for lower-income households. Per Government Code Section 65583.2(c)(3)(B), the City’s R2, R3, R4, RMU, CMU, and OPMU zones are consistent with the default density standard (20 du/ac) for Pinole, and therefore considered appropriate to accommodate housing for lower-income households. For parcels that were split-zoned, the density was assumed proportional to the acreage of each zone.
Moderate-income housing can be accommodated through medium- and higher-density zones, with densities ranging from 15 du/ac and above. Above moderate-income housing needs may be met through lower-density, single-family typologies, typically in the 0 to 15 540 of 677
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du/ac range. Many of the higher-density sites in the inventory are assumed at a mix of very low-, moderate-, and above-moderate incomes.
Size
Pursuant to state law, sites accommodating lower-income units must have areas between
0.5 and 10 acres, regardless of allowed density. The City identified sites that meet these criteria for the lower-income units. Sites that may otherwise meet the 20 du/ac default density but are smaller than 0.5 acres are presumed to be affordable to moderate- or above moderate-income households.
There is one cluster of three contiguous vacant parcels with a combined acreage of 0.58 that is included with projections to accommodate mixed income, including lower-income units.
Parcels 15, 16, and 17 have the same owner and it is assumed that they will be consolidated and developed as one parcel. As such, the three parcels effectively serve as one 0.58-acre lot for the purposes of RHNA projection. The City has received interest in developing all three parcels together and met with interested buyers regarding the properties in April 2022. The fact that these are three separate legal parcels will not create any constraints that would prevent lot consolidation or affordable housing development.
Environmental and Infrastructure Constraints
The site inventory analysis takes into consideration any environmental constraints such as habitat, flood, noise hazards, and steep slopes. Any environmental constraints that would lower the potential yield have already been accounted for in the site/unit capacity analysis through a reduction of the developable acreage of the site. In general, the deductions in the yield from the maximum will cover and accommodate any reductions in site capacity due to environmental constraints.
Flooding
Figure 45 displays the flood hazard zones as identified by the Federal Emergency Management Agency (FEMA). The vast majority of Pinole falls into an area with no identified flood risk. A regulatory floodway running through the city creates minimal spots of areas with identified flood risk along the regulatory floodway. None of the RHNA sites are in any areas with an identified flood risk.
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Figure 45: Flood Hazard Zones
Source: Federal Emergency Management Agency.
Fire
There are few areas in the City that fall into a Very High Fire Hazard Severity Zone (VHFHSZ), as shown in Figure 46. Areas in the VHFHSZ are along the southeastern edge of the City, along the City boundary. None of the lower-income RHNA sites fall into the VHFHSZ. Only one identified above-moderate site is located in a VHFHSZ.
The City of Pinole Fire Department provides service to the City. There is currently one operating fire station, fire station No. 73. The City is currently in discussions with ConFire to negotiate a contractual arrangement for ConFire to take over all fire protection services (fire prevention, suppression, and emergency medical response). This would include reopening Fire Station No. 74 that has been closed since 2011. This would allow for shortened response times throughout the City and increased services.
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Figure 46: Very High Fire Hazard Severity Zones
Source: California Department of Forestry and Fire Protection. Fire Hazard Severity Zone Viewer.
Infrastructure
Most vacant or underutilized land currently available for development in the City of Pinole can be served by the infrastructure necessary for development. Parcels that do not have all utilities are large, single-family parcels that projected to be above moderate, and the lack of utilities is not anticipated to prevent their development.
The East Bay Municipal Utility District (EBMUD) provides water service to the City. The City of Pinole and West County Wastewater District (WCWD) are the wastewater service providers to the City. Currently there is adequate capacity available within EBMUD and both wastewater service providers sewer districts to handle development anticipated in the Pinole General Plan. The installed utilities that provide gas distribution, electric circuit, and service are also adequate to handle future development in Pinole.
The City complies with requirements regarding water and sewer priority allocation to affordable housing. As needed, the City will coordinate with EBMUD, WCWD, and the Pinole/Hercules Water Pollution Control Plant (WPCP) Joint Powers Authority to facilitate adoption of similar policies or to ensure adherence to California Public Utilities Commission policies on water/sewer priority for affordable housing. In 2016, the City adopted a policy for water and sewer services to provide priority allocation to affordable housing in the event a rationing system is implement.
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Entitled and Pending Projects
A total of 412 entitled units are counted toward meeting the RHNA, as listed in Table 76.
There are enough entitled, deed-restricted low-income units to fully meet the low-income RHNA of 69. There are 151 low-income pending units, which yields a surplus of 82 units beyond the RHNA. In addition, there are 36 very low units, 61 moderate units, and 164 above moderate units pending.
Projects with affordable units are deed-restricted for a length of 55 years. The Vista Woods, Appian Village, SAHA, and BCRE projects all have a restrictive covenant for a length of 55 years from the certificate of occupancy, which have not yet been issued.
Table 76: Entitled and Pending Projects
Entitled and Pending Projects Very Low Low Moderate Above Moderate
Total
Single Family Homes, ADUs,
triplex, and lot subdivisions
- - 1 16 17
Appian Village - 8 23 123 154
SAHA Affordable Veteran’s
Housing
27 6 - 33
BCRE Mixed-Use Office and
Residential
2 2 - 25 29
Vista Woods Affordable Senior
Housing
7 135 37 - 179
Total 36 151 61 164 412
Source: City of Pinole.
Accessory Dwelling Units
Recent changes to state law have spurred accessory dwelling unit (ADU) production across the state, and Pinole has seen an increase in ADUs permitted since 2017. Based on recent growth and interest in ADU production, the City anticipates that ADUs will accommodate some of the RHNA requirement. ADUs included in the RHNA are calculated based on recent trends seen in the City.
The City is including Program 4 to incentivize and encourage ADU development. This includes measures to specifically facilitate ADU construction for lower-income households per California Government Code Section 65583(c)(7).
ADU Production Trends
Table 77 illustrates trends in ADU production since 2018. ADU production has grown and is expected to continue expanding throughout the 6th Cycle. The City has permitted four ADUs, through September 2022, with 6 additional applications currently undergoing review. The 544 of 677
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average number of ADU permits issued since 2018 is three per year, for a prospective total of 24 during the 6th Cycle. The City is not relying heavily on ADUs to meet the RHNA.
Table 77: ADUs Building Permits Issued
Year # of ADUs
2018 1
2019 2
2020 5
2021 3
2022 4*
Average 3
Source: City of Pinole.
* Through August 2022
Affordability Trends
To best predict future affordability levels, the City relies on the ABAG “Using ADUs to Satisfy RHNA” Technical Memo,
16 which contains the affordability assumptions for ADUs as shown in Table 78. The City predicts that this trend will continue and that future ADU production will also be affordable to low- and very low-income households. Many ADU applicants from 2018 to 2020 indicated intent for the unit to remain affordable at no or negligible cost for immediate family members, such as adult parents or children.
Table 78: ADU Affordability Assumptions
Percent Income Category # of ADUs
30% Very Low 7
30% Low 7
30% Moderate 7
10% Above Moderate 3
Ability to Meet the RHNA
The City has enough existing residentially zoned land with near-term development potential to meet its RHNA and 20 percent buffer. The existing zoning has capacity to meet the RHNA without rezoning, as shown in Table 79, through pending projects, ADUs, and both vacant and non-vacant sites. The development considered in this table takes development 16 ABAG. “Using ADUs to Satisfy the RHNA.” https://abag.ca.gov/sites/default/files/documents/2022- 06/ADUs-Projections-Memo_final.pdf
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constraints into consideration when evaluating each site’s development potential, such as environmental constraints and split-zoning.
To meet the RHNA for lower- and moderate-income households, the Housing Element Sites Inventory relies on sites with densities that allow for at least 20 du/acre. The higher-density sites are projected with a mix of very low-, moderate-, and above-moderate incomes.
Housing for the above moderate-income group is also accommodated through vacant single-family zones lots.
California Government Code Section 65583.2 (h) states that cities must have a program to facilitate by-right approval for projects that include at least 20 percent of the units for lowerincome housing on rezoned low-income sites. The City of Pinole is not rezoning any sites to meet the RHNA. Thus, this provision is not applicable to the sites inventory for Pinole.
California Government Code Section 65583.2 (c) states that cities must have a program to facilitate by-right approval for projects that include at least 20 percent of the units for lowerincome housing on vacant sites that were included in the previous cycle and non-vacant sites included in the previous two cycles. The sites inventory includes three vacant sites that were included in the last cycle subject to these provisions. The City will include Program 14 to ensure by-right approval on sites that meet these criteria.
Table 79: Housing Capacity
Category Very
Low
Low Moderate Above Moderate Total
RHNA Requirement 121 69 87 223 500
Total Requirements (RHNA
+ 20% Buffer)
145 83 104 268 600
Pending Projects 36 151 61 164 412
ADUs 7 7 7 3 24
Vacant Site Capacity 39 - 15 68 122
Non-Vacant Site Capacity 68 - 27 34 129
Total 150 158 110 269 687
Surplus/(Deficit) of 20%
buffer
5 75 6 1 -
Lower Income Capacity
Government Code Section 65583.2 (g) (2) states that housing elements relying on non-vacant sites for greater than 50 percent of its lower-income households need to demonstrate that the existing use does not constitute an impediment to additional residential development.
This section does not apply to Pinole, as the City exceeds the 50 percent threshold through vacant sites, pending projects, and ADUs, as shown in Table 80. Over 80 percent (154 units) of the 190 lower-income RHNA units will be met by the pending entitlement sites, projected 546 of 677
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ADUs, and vacant RHNA sites. The remaining 19 percent (36 units) will be met on non-vacant sites.
The City has low-income capacity through ADUs, pending projects, and vacant sites. Fifty percent of the lower-income RHNA is 95 units. The City has over twice its low-income RHNA (69 units) fulfilled in pending sites (152 units). In addition to meeting the low-income RHNA already, the City has 36 pending very low-income units and 7 projected very-low income ADUs. This sums to a total of 112 pending units and ADUs (69 pending low-income units, 36 pending very-low income units, 7 projected very low ADUs).
Beyond this, the City also has capacity on vacant sites for additional 42 lower-income units.
This totals to 152 units on vacant, pending sites, or ADUs, resulting in an excess capacity of 58 units beyond the 50 percent that is needed per Government Code Section 65583.2 (g) (2).
Table 80: Lower-Income Capacity
Category Units % of Lower-Income
Requirement
Lower Income RHNA 190 100%
50% of Lower Income RHNA 95 50%
Lower Income Capacity: ADU & Pending
Entitlements
112 59%
Lower Income Capacity: Vacant Sites 42 22%
Total Lower-Income Capacity on ADU, Pending,
and Vacant Sites
154 81%
Excess Capacity beyond 50%
(total capacity – 50% of Lower Income RHNA)
59 -
Site Details
The site selection process examined zoned capacity, existing uses, vacancy, and recent development trends to determine which parcels to include to meet the RHNA. Both vacant and non-vacant sites are included in the RHNA.
For a detailed analysis of the sites as they relate to affirmatively further fair housing, see the Affirmatively Furthering Fair Housing chapter.
Vacant Sites
A portion of the RHNA will be met on vacant land that is zoned for residential use. Per HCD’s Housing Element Sites Inventory Guidebook, a vacant site is one “without any houses, offices, buildings, or other significant improvements […] or structures on a property that are 547 of 677
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permanent and add significantly to the value of the property.”17 The vacant site capacity is shown by zone in Table 81.
Table 81: Vacant Site Capacity
Zone Capacity
CMU 44
LDR 2
R 3
R-1 16
R-2 2
RMU 94
RMU/R 23
VHDR 29
Non-Vacant Sites
There are four non-vacant sites included in the site inventory. Sites were selected based on their existing uses, capacity for residential redevelopment, and their high potential for shortterm redevelopment. Sites that are included have similar locations and zoning (CMU, RMU, VHDR) as sites that have been recently developed. Existing uses include closed or vacant businesses, abandoned structures, older commercial buildings, and one single-family home on a large mixed-use parcel. Non-vacant sites are underutilized parcels with buildings that take up a small percentage of the site. The sites selected all have adequate infrastructure capacity. The non-vacant sites are each described below. Table 82 summarizes the capacity of non-vacant sites included to meet the RHNA broken down by their existing General Plan use. The realistic capacity of non-vacant sites is 75 very low-income units, 27 moderateincome units, and 27 above-moderate income units, for a total capacity of 129 units.
As shown in Table 80, 154 units (80.5 percent) of the 190 lower-income RHNA units will be met by the pending entitlement sites, projected ADUs, and vacant RHNA sites. The remaining 36 units (19.5 percent) will be met on non-vacant sites.
Sites were also selected based on trends of similar existing uses converting to residential or residential mixed-uses. There are limited but recent examples of non-vacant sites converting to residential uses in the City. This includes a proposed project not included in the RHNA for redevelopment of a former Kmart into a mixed-use development with 223 units. Another recent project consists of the demolition of the existing vacant Doctors Medical Center Pinole 17 HCD. Housing Element Sites Inventory Guidebook. https://www.hcd.ca.gov/communitydevelopment/housing-element/docs/sites_inventory_memo_final06102020.pdf. 548 of 677
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Campus and a subsequent development of 154 units. One recent project in the OPMU zone consists of additions to the existing office commercial building and the development of 29 new units, providing the basis for retaining and expanding the existing use on a site while adding residential uses. Two former redevelopment properties have seen recent inquiries in converting existing commercial space into additional residential units, one adding four units into an existing mixed-use building and one adding two units into existing commercial space.
Land-improvement ratios were also calculated and considered in site selection. The comparison of assessed values for land and improvements (land-improvement ratios) is a reliable indicator of whether and to what extent sites are utilized. Typically, a newly improved site will have a ratio of well under 0.2, or where the improvements are valued at five times the value of the land. The greater the ratio, the greater the value of the land and greater likelihood that it will be redeveloped. All of the non-vacant sites included in the inventory have a land-improvement ratio that is greater than one.
Table 82: Non-Vacant Site Capacity
Site Zone Capacity
360010031 CMU 14
402022001 VHDR/CMU 43
402155009 CMU 34
403051012 RMU 38
Total: - 129
901 San Pablo Avenue (CMU)
APN 402155009
This 1.68-acre lot at 901 San Pablo
Avenue is currently occupied by a onestory single-family home built in the 1920s which occupies approximately 2
percent of the parcel. Most of the space
is unutilized empty lot, and the site
could be redeveloped without affecting
the existing unit. The site is adjacent to
existing residential development to the
south and southwest. The site is
located within a half mile of a grocery
store, several restaurants, and local
businesses and is located within one mile of Shannon Elementary School, West County Mandarin School and Pinole Middle School. The land-improvement ratio for this site is 6.5.
The realistic capacity for this site is 25 units.
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725 San Pablo Avenue (RMU)
APN 403051012
The 1.56-acre site at 725
San Pablo Avenue is
currently occupied by a
passport printing business.
The building was built in
the 1960s. This building
makes up less than 6
percent of the site. The
remaining lot is partially an
underutilized surface
parking lot, and partially
vacant lot. It is adjacent to
existing residential to the
east, west, and south,
making this site optimal for
further residential development. The site could be redeveloped with the existing use maintained or with additional commercial uses. The site is located within a half mile of several restaurants, a grocery store, and a daycare center, which provide necessary resources for residents. The land-improvement ratio for the site is 1.2. The realistic capacity for this site is 33 units.
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1072 San Pablo Avenue (VHDR/CMU)
APN 402022001
The site at 1072 San Pablo Avenue is
currently half occupied by a
lumberyard. The remaining half of
the lot is primarily vacant, with the
exception of an office built in the
1970s currently housing a landscape
and maintenance business. Existing
residential development is located
north of the site and the Vista Woods
senior housing development would
be located to the east, making this
site optimal for further residential
development. The site is located
within a half mile of several restaurants, a grocery store, and local businesses and is located within one mile of Shannon Elementary School, West County Mandarin School and Pinole Middle School, which can serve residents. There is a land-improvement ratio of 11.3 for the site. The realistic capacity for this site is 43 units. The 1.45-acre site is split-zoned for VHDR and CMU. Projections for this site are at an average of the two densities based on their size for a density of 41.4 du/acre.
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2727 PINOLE VALLEY ROAD (CMU)
APN 360010031
This 0.63-acre site at 2727 Pinole Valley
Road is currently about 12 percent
occupied by a paint store. The remaining
land is covered by an underutilized
surface parking lot and landscaping. It is
located in a mix of residential and
residential-serving uses, making this site
optimal for further residential
development. It is located within walking
distance of several grocery stores,
restaurants, personal services, a library,
tennis court, transit stop, and a high
school, which provide necessary resources for residents. The land-improvement ratio for the site is 10. The realistic capacity is 14 units.
Financial Resources
Administrative Resources
The City of Pinole’s Community Development Department consists of multiple divisions including the Planning Division, Building Division, Code Enforcement, Affordable Housing Division, Redevelopment Successor Agency Division and Economic Development Division.
The Planning Division reviews land use entitlement applications and is responsible for the implementation of the General Plan, Three Corridors Specific Plan, and Zoning Ordinance.
The Building Division is responsible for processing building permit applications, issuing building permits, and conducts building inspections. The Code Enforcement Division resolves land use-related violations on private property. The Affordable Housing Division ensures that facilities that have received City financial assistance to create affordable 552 of 677
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housing units comply with affordability agreements, investing limited City affordable housing resources to provide affordable housing units and support to the homeless, and developing or disposing of the City’s remaining real property assets inherited from the former Pinole Redevelopment Agency affordable housing program. The Redevelopment Successor Agency Division is responsible for effectively winding down the activities of the Redevelopment Successor Agency by administering the remaining enforceable obligations. The Economic Development Division is a new division, instituted in FY 2021/22. It coordinates with the City Manager department to create economic development strategies for the City and is responsible for carrying out those strategies.
As a part of Program 6, the City is developing a Housing Successor’s Low and Moderate Income Housing Asset Fund Policy. The policy will set priorities and goals for the use of affordable housing funds in the City as well as investigate the creation of an in-lieu fee as an additional alternative to the inclusionary housing requirement.
Countywide Programs
BayREN
The Bay Area Regional Energy Network (BayREN) is a coalition of the Bay Area’s nine counties that partners to promote resource efficiency at the regional level, focusing on energy, water and greenhouse gas reduction. BayREN offers rebates, funding and technical assistance to help residents, property owners, business owners and local governments improve the resource-efficiency and carbon footprint of their buildings. They include additional programs and incentives for lower income households.
The City is partnering with BayREN in the 2022-23 fiscal year to provide $250k in funding for weatherization and energy efficiency projects in Pinole. The program will offer additional discounts to eligible households to make it more financially feasible to make improvements to their homes to save energy and money. A component of the program will target projects in lower resourced areas of the City, including western Pinole (Program 18).
Weatherization Program
The Weatherization Program is a Federal and State-funded program intended to aid low – and/or fixed - income persons in adapting their home to become more energy-efficient. The program is available to any individuals renting or owning regardless of housing type.
The Program will test the gas appliances of the home as well as whole home evaluation to determine what energy-saving measures can be taken. Evaluations can determine several improvements which may include:
• Installation of ceiling insulation
• Gas furnace repair or replacement
• Weather-stripping of exterior doors
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• Gas stove repair or replacement
• Replacement of exterior doors if necessary
• Gas water heater repair or replacement
• Installation of carbon monoxide alarm
• Plug gaskets
• Installation of programmable thermostats
• Installation of water saving devices
• Replacement of broken windows
• Other minor home repairs
MCE
MCE is a not-for-profit clean energy public agency and provides electrify service to more than one million residents and businesses in 37 member communities across four Bay Area counties including Contra Costa County.
MCE provides a program for single-family homeowners and renters to receive home energy upgrades, home energy assessments, and a gift box with energy-saving products at no cost, but must meet the qualifying gross annual household income requirements. The home assessment determines the eligibility for the free energy upgrades, qualifying homes can receive the following upgrades:
• Heat pump
• Water heater
• Attic insulation
• Gas furnace
• Duct sealing
• Pipe insulation
The energy -saving gift box includes:
• Smart thermostat
• Water-saving shower head
• Water-saving kitchen faucet aerator
• Two bathroom faucet aerators
MCE customers who are single family homeowners are also eligible to receive a $1,000 rebate for installing a heat pump water heater. BayREN Home+ also offers cash rebates for 554 of 677
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weatherization, efficient heating and cooling, and other electrification measures, as well as bonus rebates for combining measures.
Emergency Housing Voucher
Through the American Rescue Plan (ARP), the Housing Authority of the County of Contra Costa received 201 vouchers appropriated for the Emergency Housing Voucher (EHV) program. Families participating in the EHV program benefit from a subsidy each month to help pay their rent and utilities. The subsidy varies for each family depending upon the family’s size and income. The Housing Authority has established payment standards for the EHV program set at 110 percent of the fair market rents (FMRs) established by the US Department of Housing and Urban Development (HUD). The payment standards are the maximum amount of assistance a family can receive based on HUD funding.
Table 83: EHV Program Payment Standards
0-BR 1-BR 2-BR 3-BR 4-BR 5-BR 6-BR 7-BR
Payment
Standards
$1,691 $2,038 $2,501 $3,306 $3,935 $4,525 $5,116 $5,706 EHV eligibility is limited to households (individuals and families) who are homeless; at risk of homelessness; fleeing or attempting to flee domestic violence, dating violence, sexual assault, stalking, or human trafficking; and recently homeless, and for whom providing rental assistance will prevent homelessness or risk of housing instability.
Permanent Local Housing Allocation
The Permanent Local Housing Allocation (PLHA) program is a state program with entitlement and competitive components. The state designated Contra Costa County as the administrator of the entitlement grant award for the Contra Costa “Urban County,” which includes unincorporated communities and the cities in the county with the exception of Antioch, Concord, Pittsburg, and Walnut Creek. PLHA funds are used for the following:
• Increase the supply of housing for households at or below 80 percent area median income;
• Facilitate housing affordability, particularly for lower- and moderate-income households; and
• Promote projects and programs to meet the local government’s unmet share of the RHNA.
Neighborhood Preservation Program
The Neighborhood Preservation Program (NPP) provides low-interest loans to low-income homeowners for the purposes of rehabilitation. Eligible repairs include accessibility improvements, plumbing, HVAC, and electrical repairs, reroofing, dry rot repair, foundation 555 of 677
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stabilization, lead-based paint abatement, and window and door replacement. The program is in partnership with Habitat for Humanity East Bay/Silicon Valley. All residents who meet the program criteria in all cites and the unincorporated area of the county with the exception of Antioch, Concord, Pittsburg, and Walnut Creek are eligible.
Statewide Resources
There are a variety of statewide programs and resources available. The City receives regular notification regarding state and federal funding and grant opportunities. Additionally, the City pursues grants on a programmatic and project basis for active programs and projects.
Affordable Housing & Sustainable Communities Program (AHSC) The AHSC Program builds healthier communities and protects the environment through prioritizing the creation of affordable housing near jobs, transit, and other important resources. The program funds land-use, housing, transportation, and land preservation projects that support infill and compact development in proximity to transit to reduce greenhouse gas (“GHG”) emissions.
Funding for the AHSC Program is provided from the Greenhouse Gas Reduction Fund (GGRF), an account established to receive Cap-and-Trade auction proceeds.
Cal Housing Finance Agency's ADU Grant Program
The ADU grant program provides up to $40,000 of reimbursement for low- or moderateincome homeowners building an ADU on their property. The property must be owneroccupied. The grant goes towards pre-development and non-reoccurring closing costs associated with the construction of an ADU. Predevelopment costs include site prep, architectural designs, permitting, soil tests, impact fees, property survey, and energy reports.
CalHome
The purpose of the CalHome program is to support existing homeownership programs aimed at low-, very low-income, and moderate-income households. The goal is to increase homeownership, encourage neighborhood revitalization and sustainable development, and maximize the use of existing housing stock.
CalHome provides grants to local public agencies and nonprofit corporations to assist:
1. First-time homebuyer mortgage assistance through deferred-payment loans for down payment,
2. Owner-occupied home rehabilitation,
3. Homebuyer counseling,
4. Technical Assistance for self-help housing projects
5. Technical assistance for shared housing programs, or 556 of 677
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6. (Junior) Accessory dwelling unit assistance.
All funds to individual homeowners will be in the form of loans not directly given to individuals.
Golden State Acquisition Fund (GSAF)
The GSAF is a $93 million financing program aimed at supporting affordable housing developers with capital for the development and/or preservation of affordable housing in California. Financing is available for rental housing and homeownership opportunities in urban and rural communities with loans up to five years and a maximum of $13,950,000.
Local Early Action Planning Grant
The Local Early Action Planning (LEAP) grant provides one-time grant funding to cities and counties to update their planning documents and implement process improvements that will facilitate the acceleration of housing production and help local governments prepare for their 6th Cycle RHNA, much like the SB 2 planning grants.
The 2019-20 Budget Act provides a spectrum of support, incentives, resources, and accountability to meet California’s housing goals. Some specific elements include:
• Local and regional planning grants (LEAP and REAP)
• Pro-housing preference points on competitive funding applications • Additional funding resources
• Accountability (penalties for noncompliant housing plans) • Reform (collaborative processes to reform regional housing needs) The City of Pinole was awarded $65,000 in LEAP funding to help fund the Housing Element Update, prepare California Environmental Quality Act documentation relating to the Housing Element Update, and fund activities to facilitate housing.
Local Housing Trust Fund Program (LHTF)
The purpose of this program is to provide funds to cities and counties, Native American Tribes, and nonprofit organizations to increase the supply of housing to households with incomes of 80 percent or less of area median income. To do this the LHTF program provides matching grants to local and regional housing trust funds that are funded on an ongoing basis and dedicated to the construction, rehabilitation, or preservation of affordable housing, transitional housing, and emergency shelters.
Regional Early Action Planning Grant
Regional Early Action Planning (REAP) 2.0 is a flexible program that seeks to accelerate progress toward the state housing goals and climate commitments through a strengthened 557 of 677
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partnership between the state, its regions, and local entities. REAP 2.0 seeks to accelerate infill housing development, reduce vehicle miles traveled (VMT), increase housing supply at all affordability levels, affirmatively further fair housing, and facilitate the implementation of adopted regional and local plans to achieve these goals.
REAP 2.0 will be administered by HCD in collaboration with the Governor’s Office of Planning and Research, the Strategic Growth Council, and the California Air Resources Board.
REAP 2.0 provides a $600 million investment to advance implementation of adopted regional plans by funding planning and implementation activities that accelerate infill housing and reductions in per capita VMT.
The City of Pinole was awarded $20,000 in REAP funding to help fund the Housing Element Update, prepare California Environmental Quality Act documentation relating to the Housing Element Update, and fund activities to facilitate housing.
Senate Bill (SB) 2 Grant
In 2017, a 15-bill housing package was signed into law aimed to address the state’s housing issues; the package included the Building Homes and Jobs Act. This established a $75 recording fee on real estate documents to increase the supply of affordable homes in California.
This funding was designed to help cities and counties accomplish the following:
• Accelerate housing production;
• Streamline the approval of housing development affordable to owner and renter households at all income levels;
• Facilitate housing affordability, particularly for lower- and moderate-income households;
• Promote development consistent with the State Planning Priorities (Government Code Section 65041.1); and
• Ensure geographic equity in the distribution and expenditure of the funds.
The City of Pinole maximum grant amount that could be awarded in 2019 was $160,000. The City is anticipating using this funding to develop objective design and development standards and preparing, updating or revising the environmental documentation supporting the Specific Plan/General Plan to provide CEQA clearances for projects that comply with existing zoning (Program 5).
The No Place Like Home Program
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homelessness, and who need mental health services. Projects funded through this must be apartment complexes of five or more units.
Department of Housing and Urban Development Grants
Home Investment Partnerships Program
The HOME Program is federally funded by HUD to provide decent affordable housing to lower-income households. The HOME Program is administered on behalf of the Urban County cities, which includes Pinole.
Housing Choice Voucher Program
The Housing Choice Voucher (HCV) program is a rental assistance program that helps very low-income families to live in market-rate housing units rather than public housing.
Households are provided with vouchers that are paid to private market-rate landlords, who are then reimbursed by HUD.
Project-Based Voucher Program
The Project-Based Voucher Program provides rental assistance to households living in specific housing sites. Because the rental assistance is tied to a particular unit, a family who moves (voluntarily or through eviction) no longer qualifies to receive housing assistance. The Housing Authority administers different waiting lists by bedroom size for each project-based housing site. These housing sites are either multifamily or senior housing developments. 559 of 677
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Housing Goals, Policies, and Programs
The section of the Housing Element outlines the City of Pinole’s goals, policies, and implementation programs for the preservation, conservation, improvement, and production of housing for the 2023 – 2031 planning period. The goals, policies, programs, and quantified objectives are designed to help ensure housing opportunities for all existing and future residents of the community. As appropriate, programs also include a geographic targeting.
Housing Goals and Policies
Housing Production and Adequate Sites to Meet Regional Housing Needs Goal 1 Provide adequate residential sites to accommodate projected housing needs and encourage the production of a variety of housing types Policy 1.1: Encourage the provision of a variety of housing options for Pinole residents.
Policy 1.2: Strive to ensure adequate land is available at a range of densities to meet Pinole’s existing and projected housing needs.
Policy 1.3: Pursue partnerships between non-profit and for-profit housing developers to encourage affordable housing production.
Policy 1.4: Provide an active leadership role in helping attain the objectives of the City’s Housing Element by following through on the actions prescribed in the Housing Element in a timely manner and monitoring progress annually.
Policy 1.5: Work cooperatively with west county jurisdictions to plan for the satisfaction of regional housing needs, including the development of affordable housing units for all economic segments of the region.
Policy 1.6: Encourage the development of ADUs.
Housing to Meet the Needs of All Income Levels and Special Needs Groups Goal 2
Provide a broad range of housing opportunities to meet the needs of all income levels, with emphasis on providing housing that meets the special needs of the community.
Policy 2.1: Maintain appropriate land use regulations and other development tools to encourage development of affordable housing opportunities throughout the City.
Policy 2.2: Develop programs to assist lower income seniors and individuals with disabilities to live independently, age in place, and maintain their homes. 560 of 677
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Policy 2.3: Continue the use of the inclusionary housing ordinance to facilitate the development of below market-rate units.
Policy 2.4: Encourage the development of new affordable housing. Facilitate housing development that is affordable to extremely low-, very low-, low-, and moderate-income households by providing technical assistance, regulatory incentives and concessions, expedited development review, and financial resources as funding allows.
Policy 2.5: Encourage and incentivize mixed-use development to allow for increased housing opportunities.
Removal of Governmental Constraints
Goal 3
Reduce or remove governmental constraints to the development, improvement, and maintenance of housing where feasible and legally permissible.
Policy 3.1: Periodically review City regulations, ordinances, permitting processes, and residential fees to ensure that they do not constrain housing development and are consistent with State law.
Policy 3.2: Support housing for individuals with disabilities through the use of reasonable accommodations procedures, including flexibility in the application of land use or zoning regulations, when necessary to eliminate barriers to housing opportunities.
Policy 3.3: Accommodate housing needs for extremely low-income households and special needs persons through modification of the City’s development regulations.
Conserve, Preserve, and Improve the Housing Stock
Goal 4
Maintain and conserve the existing housing stock in a sound, safe, and sanitary condition.
Policy 4.1: Monitor and maintain the supply of existing affordable housing to ensure that it remains affordable.
Policy 4.2: Promote the maintenance and rehabilitation of structures in poor condition and take action to prevent poorly maintained properties from further deterioration.
Affirmatively Further Fair Housing
Goal 5
Ensure the provision of adequate housing for all persons regardless of income, age, sex, race, or ethnic background, consistent with the Fair Housing Act.
Policy 5.1: Increase housing opportunity and mobility so that all residents of Pinole have choice of adequate housing options.
Policy 5.2: Refer discrimination complaints to a fair housing service provider that addresses housing discrimination.
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Policy 5.3: Promote fair housing standards and ensure compliance with State and federal fair housing laws.
Housing Education and Community Outreach
Goal 6
Increase awareness, availability of information, and participation in housing programs.
Policy 6.1: Consolidate and disseminate housing-related resources to provide better access to information on available housing programs and affordable housing units.
Policy 6.2: Encourage the production of ADUs in all residential areas of the City through outreach and educational materials.
Policy 6.3: Encourage and support early public participation in the development and review of City housing policy from all economic segments of the community, including encouraging neighborhood level planning and working with community group and other interest groups.
Encourage developers of any major project to have neighborhood meetings with residents early in the process to undertake early problem solving and facilitate more informed, faster and constructive development review.
Quantified Objectives
Housing Element law requires that quantified objectives be developed with regard to new construction, rehabilitation, conservation, and preservation activities that will occur during the eight-year Housing Element cycle. These objectives are shown in Table 84. ▪ The Construction Objective represents the City’s RHNA of 60 units for extremely lowincome households, 61 units for very low-income households, 69 units for low-income households, and 87 units for moderate-income households, and 223 units for above moderate-income households.
▪ The Rehabilitation objective represents rehabilitation assistance to 20 households through the City’s rehabilitation and acquisition programs. ▪ The Conservation/Preservation objective represents the conservation of the existing 301 affordable units in the City during the planning period (2023-2031). 562 of 677
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Table 84: Quantified Objectives
Target
Extremely
Low
Income
Very
Low
Income
Low
Income
Moderate
Income
Above
Moderate
Income
Total
New Construction 60 61 69 87 223 500
Rehabilitation 5 5 5 5 - 20
Conservation/Preservation - 75* 42** 184*** - 301
Total 821
* Units at 50% AMI
** Units at 60% AMI
*** 37 units and 90% AMI and 147 units at 120% AMI
Housing Programs
The programs in this section of the Housing Element describe specific actions the City will carry out over the eight-year Housing Element cycle to satisfy the community’s housing needs and meet the requirements of State law. Each program identifies the actions to be taken to implement the program, timeline to complete the action, funding source, implementing agency, supporting agency or agencies as appropriate, and a quantified objective and/or geographic target for the program, where applicable.
Housing programs define the specific actions the City will undertake to achieve the stated goals and policies with the eight-year (2023-2031) planning period. The City’s housing programs for addressing community housing needs are described according to the City’s housing goals.
Adequate Sites and Housing Production to Meet Regional Housing Needs Program 1. Provision of Adequate Sites and Site Inventory Monitoring The City will ensure that adequate sites to meet the RHNA are provided throughout the 6th Cycle. To ensure that the City monitors its compliance with SB 166 (No Net Loss), the City will track:
• Unit count and income/affordability assumed on parcels included in the sites inventory.
• Actual units constructed and income/affordability when parcels are developed. • Net change in capacity and summary of remaining capacity in meeting remaining RHNA.
Pursuant to the statutory requirements of Government Code sections 65583.2(h) and (i), the City will amend the Zoning Ordinance to require by-right approval of housing development that includes 20 percent of the units as housing affordable to lower-income households on 563 of 677
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sites being used to meet the 6th Cycle RHNA that are “reuse sites” previously identified in the 4 th and 5th cycles Housing Element.
The City will implement the Surplus Lands Act to annually review city-owned parcels and provide affordable housing developers the first priority for designated surplus lands as applicable per Government Code section 54227.
Implementing Agency: Community Development Department
Supporting Agency: Public Works Department
Timeline: Review RHNA site status annually and as development proposals are submitted.
Annual review of City-owned land in conjunction with the review of Surplus Lands. Zoning ordinance amendments for “reuse sites” within one year of Housing Element adoption.
Funding Source: General Fund
Quantified Objective: Provide adequate sites to accommodate the City’s entire RHNA allocation of 500 units. No net loss of capacity below the RHNA requirement during the planning period.
Program 2. Publicize and Promote Residential Sites Inventory The City will publicize and promote the RHNA site inventory through a multitude of ways during the planning period. This includes publicizing the RHNA site inventory and contacting site owners and developers. Specific actions include the following. • The City shall make the residential sites inventory available to developers by creating a City website specifically for RHNA sites and publicizing it on the City website. The City shall update the list of sites annually, or as projects are approved on the sites. • The City shall contact affordable housing builders annually and provide information about sites to facilitate development of affordable housing. • The City will conduct informational sessions and directly contact RHNA site owners to inform them about development opportunities on their property.
Implementing Agency: Community Development Department
Supporting Agencies: City Manager’s Department, IT Department Timeline: Create City webpage for RHNA sites and post sites within 6 months of adoption; update annually, or as needed. Conduct annual outreach to affordable housing builders.
Contact RHNA site owners twice during the planning period, including once during the first 18 months post Housing element adoption.
Funding Source: General Fund
Quantified Objective: Maintain accurate and publicly available residential site inventory throughout the planning period. Outreach with 100 percent of RHNA site owners twice during the planning period.
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Program 3. Outreach and Technical Assistance to Applicants The City will provide technical assistance to developers to encourage provision of affordable housing that are consistent with City goals. Methods of technical assistance may include, but are not limited to:
• Provision of information about available funding sources. • Pre-application planning meetings.
• Expedited development review and processing.
• Facilitation of neighborhood meetings.
• Coordination of all other required City departments to provide technical assistance and collaborative problem solving to applicants during development review and can include development review meetings. This includes a continuity of support from pre-application meetings through entitlement and construction.
To encourage housing production and development, the City will engage and coordinate with other public agencies, faith and community-based organizations, and housing developers.
Specifically, the City will:
• Seek out opportunities to work with other public agencies by identifying housing grant funding opportunities to encourage and implement improvements and expansion of housing supply, for example participation in a continuation of the Contra Costa County Collaborative (C4).
• Work with developers by creating a developer interest list and periodically assessing development needs to encourage new residential development to provide affordable housing. The City shall contact affordable housing builders annually and provide information about sites to facilitate development of affordable rental housing. • Notify developers of interest in including some options for larger (3+ bedroom) units in residential development projects.
• Contact other public agencies such as the Contra Costa County Housing Authority or Contra Costa County Department of Conservation and Development at least once a year for funding and partnering opportunities.
• Contact faith-based organizations in Pinole to discuss opportunities for housing at their facilities and provide information regarding recent legislation regarding religious-institution affiliated housing projects.
Implementing Agency: Community Development Department
Supporting Agency: Contra Costa Housing Agency
Timeline: Technical assistance provided as needed. Develop comprehensive coordinated review procedures with all city departments within one year of Housing Element adoption.
Create developer interest list within 6 months of Housing Element adoption and contact 565 of 677
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affordable housing builders annually with information about sites to facilitate development of affordable rental housing. Annual outreach to public agencies and community and faithbased organizations for funding and partnership opportunities.
Funding Source: General Fund
Quantified Objective: Technical assistance to all affordable housing applicants. Make the comprehensive coordinated review with all city departments standard operating procedure for all residential developments. Annual review of available funding sources and contact to other agencies and developers.
Geographic Targeting: Faith-based organizations and facilities across Pinole Program 4. Facilitate ADU Production
To encourage and increase ADU production in the City, a number of efforts are included. The programs are intended to help the City meet its target projection of three ADUs per year.
This program works in conjunction with Program 22, ADU, JADU, and SB 9 Education. If annual production and affordability rates do not match the estimates included in the Housing Resources Section, the City will update the ADU strategy to ensure that the City continues to maintain adequate capacity for all income levels. In the event of an ADU shortfall that results in a net loss of units below the RHNA, the City will adopt another ADU program within six months to facilitate additional ADU production. • Updated ADU Ordinance. The City has submitted its ADU ordinance to the State and the State acknowledge that the ordinance was received. Should the State require revisions to the ordinance, it will be modified to reflect the requested revisions within one year upon receipt of the comments.
• ADU Tracking. The City will track and monitor its ADU production to ensure that annual production matches the RHNA assumptions (3 ADUs/year). The City will begin to request information about ADU rents from applicants to better track the affordability of proposed ADUs. As a part of ADU tracking, the City will analyze geographic distribution of ADUs biennially to understand which neighborhoods are building ADUs.
• ADU Fast Track Program. The City will develop a process to fast track ADU applications through plan check by moving them to the top of the queue and reducing plan check turnaround times.
• ADU Amnesty Program. To ensure safe and adequate housing, the City will develop an ADU amnesty program for existing, unpermitted ADUs to receive inspections and bring units into compliance with code and permits without risk of code enforcement action, significant fee reductions and assistance in determining necessary improvements.
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• Fee Waivers for Affordable ADUs. Current successor funds require an affordability covenant length of 55 years. The City will modify Zoning Ordinance Section 17.70.060 to shorten the required ADU covenant length (for example, for 10 – 15 years) pending alternate funding to offset the fee waivers for ADUs over 750 square feet that are made available to lower or moderate income households for a shorter period of time.
The City will pursue funding sources, such as PLHA funds for this effort.
Implementing Agency: Community Development Department
Supporting Agency: Finance Department
Timeline: Track ADU permits as they are submitted. Review ADU strategies annually as part of the Annual Progress Report process. Adopted amnesty program and developed fast track program within 2 years of Housing Element adoption. Review geographic distributions of ADUs biennially.
Funding Source: General Fund, Housing Successor Low and Moderate Income Housing Asset Fund; Contra Costa County, State and Federal funding programs as available.
Quantified Objective: Increased production of ADUs from 3 to 5 per year.
Geographic Targeting: Targeted promotion of ADUs in east Pinole. Targeted promotion of ADUs in neighborhoods where geographic review identifies fewer ADUs were built.
Program 5. Incentives for Mixed-Use Developments
The City will develop incentives to encourage residential mixed-use development in areas consistent with the Three Corridors Specific Plan Land Use Plans, and in particular along portions of the San Pablo Avenue, Pinole Valley Road, and Appian Way. Specific incentives for mixed-used development include:
• A waiver of park development impact fees for deed-restricted affordable units beyond the inclusionary requirement in a development in coordination with the development of a Housing Successor’s Low and Moderate Income Housing Asset Fund Policy (Program 6).
• Prepare, update, or revise EIR as appropriate to provide CEQA clearances for projects that comply with existing zoning.
• Priority development project review and processing.
Additional incentives the City shall explore include but are not limited to:
• Increased densities.
• Providing flexibility in parking requirements.
Implementing Agency: Community Development Department
Supporting Agencies: Community Services Department, Finance Department Timeline: Adopted incentives within three years of Housing Element adoption. 567 of 677
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Funding Source: General Fund, Housing Successor Low and Moderate Income Housing Asset Fund, SB 2 Grant, Contra Costa County, State and Federal funding programs as available.
Quantified Objective: Amended zoning ordinance with adopted incentives. Entitlement of three mixed-use projects using one or more of the available incentives.
Geographic Targeting: Mixed-use zones allowing for residential in the Three Corridors Specific Plan.
Housing to Meet the Needs of All Income Levels and Special Needs Groups Program 6. Development of Housing Successor’s Low and Moderate Income Housing Asset Fund Policy
The City will develop a Housing Successor’s Low and Moderate Income Housing Asset Fund Policy. The policy will set priorities and goals for the use of affordable housing funds in the City as well as investigate the creation of an in-lieu fee as an alternative to the inclusionary housing requirement. The policy guide will ensure efficient and productive use of the resources. The policy guide will consider RHNA requirements, local housing needs and demographics, and fair housing objectives, among other factors. To encourage housing mobility and choice across Pinole, the City will prioritize use of limited affordable funding to create affordable housing developments in higher opportunity areas of the City, including those with healthy environment, access to transportation and resources, and higher education scores, more common in eastern Pinole. The City is also including a waiver of park impact fees for affordable units beyond the inclusionary housing requirement (per Program 7).
The City will continue to require 15 percent of the units located in new residential developments of four or more to be affordable, and of those units, 40 percent must be affordable to very low income households with the construction of units off-site as an alternative. The City will pursue creation of an in-lieu fee alternative for the inclusionary housing requirement to provide flexibility for smaller projects and to create a new funding source for affordable housing projects.
Implementing Agency: Community Development Department
Supporting Agency: Finance Department
Timeline: Three years after Housing Element adoption
Funding Source: Housing Successor Low and Moderate Income Housing Asset Fund; Contra Costa County, State and Federal funding programs as available.
Quantified Objective: Create a housing fund policy guide, create in-lieu fee alternative and funding source. For applicable development projects, maintain a minimum requirement of 15 percent inclusionary units, and of those 40 percent of units affordable to very low income households.
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Geographic Targeting: Target 50 percent of affordable housing funding towards development of affordable housing in higher opportunity areas.
Program 7. Affordable Housing Incentives
Create and adopt a set of incentives for projects that provide a minimum of 15 percent of total units affordable to low and moderate income households, and provide additional affordable housing beyond the City’s 15 percent inclusionary requirement. Specific incentives include:
• Priority and expedited review for affordable housing developments. The City will create and adopt a process for expedited and priority review which may include, for example, completion of initial review within 20 days following the intake of a new application and providing subsequent review comments back to applicants at a targeted expedited review rate 50 percent faster than the regular review process. The expedited review process would apply to projects that include affordable housing beyond the City’s inclusionary requirement and would include factors such as affordability level, location in City, and developments targeting special needs population.
• Waiver of park impact fees for all deed-restricted affordable units in above the 15 percent inclusionary units required
The City will continue to provide incentives for lot consolidation requests made to facilitate low-income housing through strategies that may include, but are not limited to:
• Flexibility in development standards.
• Ministerial approval of lot consolidation requests made in order to facilitate development of affordable housing.
Additional incentives the City shall investigate include but are not limited to:
• Standard planning application fee waivers based on the affordability level proposed.
Implementing Agency: Community Development Department
Supporting Agencies: Community Services and Finance Departments Timeline: Adopt expedited review process and incentives for affordable housing within two years of Housing Element adoption.
Funding Source: General Fund; Housing Successor’s Low and Moderate Income Housing Asset Fund; Contra Costa County, State and Federal funding programs as available.
Quantified Objective: Adoption of priority review process. Completion of initial review of affordable housing developments within prescribed timeline. Expedited review of projects to take 50% less time than the normal City review process. 569 of 677
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Program 8. Housing for Extremely Low Income Households and Persons with Disabilities
To encourage and facilitate the development of housing for ELI households and housing for persons with disabilities, the City will:
• Develop a Housing Successor’s Low and Moderate Income Housing Asset Fund Policy that prioritizes affordable housing developments for extremely-low income households and households with persons with disabilities (see Program 6). • Develop a fee waiver program that would provide low or no-cost building permits to age-qualified, ELI households, and disabled households to make improvements to their home for universal design.
• Reduce parking standards for ELI household developments. • Contact housing service providers within Contra Costa County to determine the best way to facilitate development of housing for extremely low-income households and persons with disabilities.
• Based on funding availability, explore, at least once a year, development assistance for multifamily and supportive housing to meet the needs of extremely low-income households and persons with disabilities (including persons with developmental disabilities).
• Annually contact developers to assist in development where feasible by:
o Assisting and supporting new applications.
o Providing priority processing, in coordination with Program 7. o Evaluate fee deferrals or subsidies and design modifications. o Facilitating site acquisition.
o Hosting an annual workshop for developers to provide information on the City’s regulations regarding housing development, opportunities and sites available for development, and the City’s development incentives.
Implementing Agency: Community Development Department
Supporting Agencies: Community Services Department, Finance Department Timeline: Annual review of funding opportunities, collaboration with services providers, and contact of developers. Annual developer workshop. Use of one or more incentives for ELI and/or households with persons with disability housing development in one project throughout the planning period. Development of fee waiver program within 18 months of Housing Element adoption. Zoning Ordinance amendments for ELI parking reduction within two years of Housing Element adoption.
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Funding Source: General Fund, Housing Successor’s Low and Moderate Income Housing Asset Fund; Contra Costa County, State and Federal funding programs as available.
Quantified Objective: Annual contact of developers.
Program 9. Senior Housing Incentives
The needs analysis identified a special need for the development of housing for seniors in Pinole. In response to this need, the City will develop a set of incentives to encourage the development of housing for seniors. Specific incentives include:
• Reducing parking requirements for senior housing development. • Permit fee waivers for elderly residents for adaptation and modifications of households to accommodate universal design and aging in place (per Program 8). • Enhanced rebate incentives for homeowners to make it financially feasible to undertake energy efficient and weatherization projects (per Program 18). • Promote home match shared housing programs (per Program 10), such as Front Porch’s Home Match, for homeowners to turn an available room into an opportunity to earn income, save money, age-in place, provide affordable housing and create new social connections.
• Participation in regional programs to provide assistance to seniors.
Additional incentives the City shall investigate include but are not limited to:
• Investigate Density Bonus beyond state law.
• Allow smaller senior units via an equivalent density unit factor that would count one senior unit as a fraction of a regular dwelling unit.
Implementing Agency: Community Development Department
Supporting Agency: Public Works Department
Timeline: Within two years of Housing Element adoption.
Funding Source: General Fund
Quantified Objective: Use of one or more incentives for senior housing development in one project throughout the planning period.
Program 10. Home Sharing and Tenant Matching
The increasing number of elderly persons in the population is creating more demand for affordable, accessible, and low-maintenance housing. As residents age, they may desire alternatives to single-family units, opting for smaller multifamily units or assisted care living, or home sharing options. Home-sharing programs match lower income home seekers with homeowners with excess space who are interested in sharing their homes. Sharing a home promotes independent living, provides additional income for the provider, an affordable rent 571 of 677
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for the seeker, and the potential for deeper relationships for both. Shared housing promotes the efficient use of the housing stock, and can help address the housing needs of seniors in the community.
The Home Sharing and Tenant Matching program will work in tandem with educating residents and facilitating additional ADU and JADU developments across the City. The pamphlets developed in Program 22 will include detailed the Pinole home sharing program, once developed, and references to other educational and financial resources for homeowners incorporating and ADU and/or JADU on their properties, or seeking housemates to live in their JADU.
Specific program components include:
• Partnership with support organizations that facilitate house sharing, such as Front Porch’s Home Match, to turn an available room into an opportunity to earn income, save money, age-in place, provide affordable housing, and create new social connections.
• Work with the Community Services Commission to explore establishing a local shared housing program, which may include a process for matching home seekers and home providers.
• Develop detailed how-to guides that promote development ADUs and JADUs and the shared housing program to be displayed at City Hall, the Senior Center and the City’s website (in coordination with Program 22).
• Active promotion of the shared housing program through senior citizen organizations, such as the Pinole Senior Center.
Implementing Agency: Community Development Department
Supporting Agencies: Community Services Department, Non-Profit Home Sharing Organizations
Timeline: Develop program components, outreach strategies and compile resources within three years of Housing Element adoption.
Funding Source: General Fund
Quantified Objective: 10 tenant matches completed throughout the planning period.
Removal of Governmental Constraints
Program 11. Zoning Amendments
The City is including a number of zoning amendments as identified in the constraints section to ensure compliance with state law and remove constraints to development. Amendments to the zoning ordinance are as follows.
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• Amend the Emergency Shelter ordinance to comply with AB 139 and to ensure that standards for emergency shelters are subject to the same standards as other uses in the same zone and parking requirements are based on staffing levels only. • Amend the zoning ordinance pursuant to Government Code Section 65583 to allow for Low Barrier Navigation Centers by right in areas zoned for mixed uses and nonresidential zones that permit multifamily uses.
• Amend the zoning ordinance in RMU to permit manufactured homes on permanent foundations as if they were single-family homes.
• Amend the zoning ordinance to comply with SB 9 standards (California Government Code section 65852.21).
• Amend the zoning ordinance to comply with state density bonus law (California Government Code section 65915).
Implementing Agency: Community Development Department
Supporting Agency: N/A
Timeline: Within two years of Housing Element adoption.
Funding Source: General Fund
Quantified Objective: Not Applicable
Program 12. Objective Design Standards and SB 35 Streamlining Pursuant to SB 330, the City will review and amend the Zoning Ordinance and Design Review Guidelines to ensure development standards, design guidelines, and findings are objective, and promote certainty in the planning and approval process. The City has begun the process and is currently cataloging existing objective and subjective standards.
The City will review its approval processes to accommodate SB 35 streamlined applications and by-right applications for permanent supportive housing and navigation centers. The City will provide information regarding the SB 35 process on its website.
Implementing Agency: Community Development Department
Supporting Agency: Public Works Department
Timeline: Within two years of Housing Element adoption.
Funding Source: General Fund, SB 2 Grant
Quantified Objective: Adopted zoning amendments.
Program 13. Fee Evaluation and Publicization
The City updated its fee schedule based on the results of a completed fee review on September 1, 2022. Fees were adjusted to be more equitable and comparable to 573 of 677
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surrounding jurisdictions. To monitor the new fee schedule, the City will periodically review development impact fees to ensure that new development contributes its fair share of the costs for the provision of services and facilities. The first review of the adopted fee schedule will occur within one year of Housing Element adoption. The City will also review its Development Impact Fees (last updated in 2008) by the end of 2023.
Pursuant to AB 1483, the City will compile all development standards, plans, fees, and nexus studies in an easily accessible online location. The City will continue to provide a high-quality, parcel-specific zoning map and general plan map online.
Implementing Agency: Community Development Department
Supporting Agencies: Finance Department, City Manager Department Timeline: Complete review of updated fees within one year of Housing Element adoption.
Subsequent fee evaluations and modifications not less than every 5 years. Review of Development Impact Fees by the end of 2023.
Funding Source: General Fund
Quantified Objective: Reviewed and amended fee schedule as appropriate.
Program 14. Permit Streamlining
The City is including multiple efforts to expedite the permitting and review process through reducing the necessary levels of approval. This is a response to public outreach, constraints, and needs analyses.
Specifically, the City will:
• Lower the approval authority of entitlements for all Density Bonus projects from City Council to Planning Commission.
• Process lot consolidations ministerially.
• Adopt a priority permitting process for developments with affordable units beyond the inclusionary requirement (Program 7)
Implementing Agency: Community Development Department
Supporting Agency: Public Works Department
Timeline: Within two years of Housing Element adoption.
Funding Source: General Fund
Quantified Objective: Amended zoning ordinance.
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Conserve, Preserve, and Improve the Housing Stock
Program 15. Rehabilitation Assistance
The City will improve public awareness of rehabilitation loan subsidy programs and energy efficiency rebate and financing programs offered by the County and other agencies. Specific actions include:
• Pamphlets on the programs available at City Hall, the Senior Center and the Library. • Providing public information through articles in the local newspaper, social media, the City’s biweekly Administrative Report, postings on the City website, and cable TV public service announcements.
In addition, the City will annually explore funding availability at the local, State, and federal levels and pursue funding programs as appropriate with the goal of reinstating the City’s Rehabilitation Program.
Implementing Agency: Community Development Department
Supporting Agency: Contra Costa County Housing Agency
Timeline: Ongoing, with annual assessment of funding opportunities to reinstate the City’s Rehabilitation Program.
Funding Source: Housing Successor Low and Moderate Income Housing Asset Fund; Contra Costa County, State and Federal funding programs as available.
Quantified Objective: Provide information about County and other rehabilitation programs to 40 households, landlords, or developers annually. Rehabilitation of 20 units throughout the planning period, 5 extremely low, 5 very low, 5 low, and 5 moderate).
Geographic Targeting: Rehabilitation of 5 units (25% of the quantified objective above) in lower opportunity areas of the City per the most recent TCAC opportunity area maps (west Pinole).
Program 16. Acquisition/Rehabilitation of Properties
The City will continue to pursue opportunities to partner with nonprofit housing developers to acquire and rehabilitate blighted or distressed properties, with the objective of making these units available to low-income households as affordable housing.
The City will continue to use its Successor Housing Funds to partner with organizations to provide support for low-income developments as applicable. The City has currently reserved $2 million in funding for development of the 33-unit SAHA affordable housing project, which includes 27 very low and 6 low-income units.
Implementing Agency: Community Development Department
Supporting Agencies: Finance Department and City Manager Department 575 of 677
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Timeline: Ongoing, as funding is available.
Funding Source: Housing Successor Low and Moderate Income Housing Asset Fund; Contra Costa County, State and Federal funding programs as available.
Quantified Objective: Provide information about County and other rehabilitation programs to 40 households annually. Development of 50 units, including the 33-unit SAHA project, during the planning period.
Program 17. Below Market Rate Regulations and Conversions The City will take appropriate steps to ensure that the units with covenants for below-market rate units that are close to expiration are conserved or replaced and will remain affordable to moderate and lower income households.
Specifically, the City will:
• Contact the property owners to assess their interest in extending the affordability covenant for the at-risk units.
• Work with property owners to notify tenants of potential conversion to market rate, pursuant to State law.
• Contact affordable housing developers/providers to solicit their interest and financial capacity in acquiring the at-risk units.
Additionally, the City will continue to, either by itself or through a third-party contractor, implement and monitor rental and resale restrictions for low- and moderate-income units assisted or constructed by the former Redevelopment Agency to assure that these units remain at an affordable price level as they are occupied and transferred. The City conducts annual compliance monitoring on over 300 affordable units to ensure property owners and management are complying with affordable income and rent restrictions required by City agreements. The City expects to monitor over 400 affordable units as new affordable units are constructed over the next five years. The majority of affordable units are at rental properties. The City monitors two ownership units to ensure the property owners continue living at their properties as their primary residence or sell their units to income qualified buyers.
Implementing Agency: Community Development Department
Supporting Agency: N/A
Timeline: Notification processes as covenants for below-market rate units are set to expire.
Contact of property owners and affordable housing developers/providers at least twice throughout the planning period. Monitor rental and resale restrictions annually.
Funding Source: Housing Successor Low and Moderate Income Housing Asset Fund; Contra Costa County, State and Federal funding programs as available. 576 of 677
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Quantified Objective: Contact of property owners and affordable housing developers/providers at least twice throughout the planning period to pursue preservation or extension of at-risk units that are set to expire in the next 10 years. Ensure that 100% of housing for low- and moderate-income units assisted or constructed by the former Redevelopment Agency remains in compliance with rental and resale restrictions. Annual compliance monitoring of all affordable units (anticipated over 400).
Affirmatively Further Fair Housing
Program 18. Place-Based Improvements
The City is currently drafting and will adopt an Environmental Justice (EJ) Element. As a part of the EJ Element, the City will pursue programs to increase environmental health and quality of life across Pinole.
The City is working with County develop a contractual arrangement to develop an enhanced BayREN Home+ rebate incentive structure for Pinole homeowners and multifamily property owners to undertake needed energy efficiency projects. The City is partnering with BayREN in the 2022-23 fiscal year to provide $250k in funding for weatherization and energy efficiency projects in Pinole and to reduce the barrier to home electrification. The program will assist with achieving financially feasible for energy efficient and weatherization projects to move forward in Pinole. As a part of the program, lower resource areas in west Pinole will be targeted first.
Additionally, the City has multiple projects in its Capital Improvements Plan identified to improve mobility and active transportation opportunities in the western part of the City.
Projects in the west side of Pinole include:
• Appian Way Complete Streets. This project includes preliminary engineering and design to provide continuous sidewalks and bike lanes along Appian Way, from unincorporated El Sobrante to about 1500 feet north of the City limit. • Pedestrian Improvements at Tennent Ave. Improvements to Tennent Avenue at the Railroad Crossing will facilitate safe movement of bicycles and pedestrians and connect the gap from Bayfront Park to Railroad Avenue that exists on the trail. • Safety Improvements at Appian Way and Marlesta Road: Safety improvements to improve crossing conditions for pedestrians and bicyclists. • Active Transportation Plan: Development of an Active Transportation Plan will act as a guide for active mobility within and around Pinole. The plan will identify an integrated network of walkways and bikeways that connect Pinole neighborhoods and communities to employment, education, commercial, recreational, and tourist destinations. The plan will prioritize a set of connected projects, that when fully implemented, will increase active transportation opportunities and make it safe and more convenient for people to walk, bike, and use non-auto forms of travel. 577 of 677
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Implementing Agency: Community Development Department
Supporting Agencies: Public Works Department and Finance Department Timeline: As identified in CIP Schedule; Environmental Justice Element adopted by the end of 2023. BayREN rebates in the 2022-23 fiscal year.
Funding Source: Capital Improvement Fund; General Fund; Contra Costa County, State and Federal funding programs as available.
Quantified Objective: Completed Capital Improvement Projects and Adopted Environmental Justice Element
Geographic Targeting: Targeted roll out of program to Western Pinole/EJ Element Impacted Community first
Program 19. Fair Housing Resources and Services
The City will advertise the services of and collaborate with the County’s contracted fair housing provider, currently ECHO Housing. ECHO housing holds monthly Regional Fair Housing Trainings for tenants, landlords, service providers, and staff of local governments.
The City will hold an annual workshop with the County’s fair housing service provider or another qualified fair housing service provider in the City of Pinole.
To assist in the enforcement of fair housing laws, the City will make educational and training resources available to tenants, landowners, homeowners, and any other residents who may be affected by fair housing policy. These materials will include information on fair housing testing, arbitration, reporting health risks and discrimination, best rental practices, and more. The services will include fair housing presentations, mass media communications, and multilingual literature distribution. The programs will use alternative formats for fair housing education workshops such as pre-taped videos and/ or recordings. Staff will distribute fair housing pamphlets provided by fair housing organizations at the public information counter at City Hall, Pinole Library, and at the Pinole Senior Center, as well as on the City’s website.
Staff will continue to refer all fair housing complaints to ECHO Housing, a local fair housing advocacy firm, or other groups that provide comparable service.
The City will continue to encourage improved community participation and representation in all official city business, events, and communications. The City will contract with a translation service as needed for meetings, putting a standard note on all hearing notices and communications in Tagalog, Spanish and Chinese indicating that interpretation and translation services are available upon request. The City will contract with a translation service for direct on the spot translation/interpretation needs at the front counter.
The City will review demographic changes in the City to determine if translation should be provided for new or additional languages every four years. Translation to additional languages added as determined by demographic analysis.
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The City will also participate in the Regional Analysis of Impediments to Fair Housing Choice, which is updated every five years. The City will work with the County to publicize the outreach program for the update.
Implementing Agency: Community Development Department
Supporting Agency: ECHO Housing
Timeline: Biennial fair housing workshops. Ongoing provision of resources and referrals to fair housing service providers. Review of demographics to determine appropriate translation and interpretation languages every 4 years.
Funding Source: General Fund
Quantified Objective: Provide annual workshops or information fairs with the County fair housing provider or another qualified fair housing provider. Provide fair housing resources or referrals to 50 households annually.
Geographic Targeting: Hold at least 50% of in person workshops for fair housing in west Pinole, or other areas with low access to opportunities per the most recent TCAC opportunity area map.
Program 20. Displacement Prevention/Housing Mobility
Within one year, coordinate with a qualified fair housing service provider to conduct a meeting/workshop to inform residents and landlords of sources of income protection and state rent control laws such as AB 1482. This may be done in coordination with the workshop in Program 19.