Agenda packet — Pinole City Council, January 17, 2023 (part 4 of 5)

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 Regional Water Quality Control Board (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 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
▪ 11 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 bay 836 of 1216
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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. 840 of 1216
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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
• >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 0%
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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 47 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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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 58 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:
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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%
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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.

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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. 852 of 1216
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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.

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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/ 855 of 1216
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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. 857 of 1216
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Figure 34: TCAC Composite Score
Source: HCD AFFH Data Viewer
Figure 35 displays the RHNA units shown 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 95 percent of low-income units located in the low resource category while only 5 percent are 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.
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
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. 861 of 1216
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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.

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
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
10-20 30-40 40-50 60-70
Percent of RHNA Units
CalEnviroScreen Percentile by Tract
Lower Moderate Above Moderate
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▪ 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.

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.
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
White Asian Hispanic Black Nat Am Pac Islander Large Households Elderly All Owner-Occupied Renter-Occupied Contra Costa County
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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 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.
0%
10%
20%
30%
40%
50%
60%
70%
White Asian Hispanic Black Nat Am Pac Islander Large Households Elderly All Owner-Occupied Renter-Occupied Contra Costa County
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Figure 41: Overpayment by Owners
Source: HCD AFFH Data Viewer
Figure 42: Overpayment by Renters
Source: HCD AFFH Data Viewer
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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.

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 866 of 1216
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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.

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 Pointin Time Count, 2022 Jurisdiction Total
Pinole 53
Crockett 35
El Cerrito 24
El Sobrante 9
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Hercules 7
North Richmond 22
Richmond 280
Rodeo 62
San Pablo 67
Source: 2020 Contra Costa County: Annual Point in Time Count Report 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. 868 of 1216
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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 overpayment 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 in areas with concentrations of 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. 870 of 1216
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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. 872 of 1216
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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 10 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.

A Home Sharing and Tenant Matching program
can also assist in helping those who work in
Pinole, including teachers, find housing options in
the City.

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.

Technical assistance
provided as needed.

Develop comprehensive
coordinated review
Faith-based organizations
and facilities across Pinole.

Technical assistance to
all affordable housing
applicants. Make the
comprehensive
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HE Programs or
Other Activities
Specific Commitment Timeline Geographic Targeting 2023–2031 Metric The City will engage and coordinate with other
public agencies, faith and community-based
organizations, and housing developers.
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
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.
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.

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.
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HE Programs or
Other Activities
Specific Commitment Timeline Geographic Targeting 2023–2031 Metric 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.

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.

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 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 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.

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.

Promotion of housing resources and education
efforts will be done in accordance with the
recently adopted Communication and
Engagement Plan that was created to help
strengthen the City’s communication efforts and
effectively reach and engage residents. The Plan
includes steps to develop a defined process for
translation services and include bilingual
communication in social media posts.

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.
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HE Programs or
Other Activities
Specific Commitment Timeline Geographic Targeting 2023–2031 Metric Program 10 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.

A Home Sharing and Tenant Matching program
can also assist in helping those who work in
Pinole, including teachers, find housing options in
the City.

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 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 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 also participate in the Regional
Analysis of Impediments to Fair Housing Choice,
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.

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HE Programs or
Other Activities
Specific Commitment Timeline Geographic Targeting 2023–2031 Metric which is updated every five years. The City will
work with the County to publicize the outreach
program for the update.

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.

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 885 of 1216
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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 remaining RHNA need once accounting for pending projects and ADUs. The City is already meeting its low and above moderate RHNA with pending projects. Table 73 illustrates the RHNA breakdown by income category with the 20 percent buffer beyond the remaining need. As shown below, the City will provide adequate capacity for a total of at least 759 units (152% of the RHNA). This accounts for the 659 pending projects.

Table 73: 2023–2031 RHNA Buffer Calculation
Row
Identifier
Capacity Category Very Low Low Moderate Above
Moderate
Total
A RHNA 121 69 87 223 500
B Pending Projects
+ Projected ADUs
56 172 69 362 659
C Remaining Need
(A – B)
65 - 18 - 83
D 20% Buffer
(C x 0.2)
13 - 4 - 17
E Remaining Need + Buffer
(C+ D)
78 - 22 - 100
F Total Site Capacity
(B + E)
134 172 91 362 759
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, 886 of 1216
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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%, 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.
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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 109.3% 82.7%
* 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.

While there is a commercial component required in mixed-us zones it was waived in two 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 888 of 1216
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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 du/ac range. The sites in the inventory are assumed at a mix of very low-, and moderateincomes.

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 the size criteria for the lower-income units.
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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 RHNA sites fall into the 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 are not included in the RHNA inventory. All of the RHNA sites are served by the necessary infrastructure for 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.

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Entitled and Pending Projects
A total of 635 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 165 low-income pending units, which yields a surplus of 96 units beyond the RHNA. There are also 359 pending above moderate units which exceed the RHNA of 223 by 136 units. In addition, there are 49 pending very low units and 62 pending moderate units.

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
- - 2 15 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 62 359 635
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).
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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. In 2022, the City has permitted four ADUs through September, with 6 additional applications undergoing review. The 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 September 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
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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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 of the unmet RHNA units (83). 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 constraints into consideration when evaluating each site’s development potential, such as environmental constraints and split-zoning.

To meet the unmet 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 sites are projected with a mix of very low- and moderate- incomes.

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 does not include any sites used in previous cycles. Thus, this provision is not applicable to the sites inventory for Pinole. 895 of 1216
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Table 79: Housing Capacity
Row Identifier Category Very Low Low Moderate Above
Moderate Total
A RHNA Requirement 121 69 87 223 500
B Pending Projects 49 165 62 359 635
C ADUs 7 7 7 3 24
D Unmet RHNA
(A – B – C)
65 - 18 - 83
E Unmet RHNA + 20%
Buffer
(D x 1.2)
78 - 22 - 100
F Vacant
Opportunity Site
Capacity
45 - 15 - 60
G Non-Vacant
Opportunity Site
Capacity
40 - 12 - 52
H Total Identified
Capacity
(B + C + F +G)
141 172 96 362 771
I Opportunity Site
Capacity Buffer
([F +G] / D)
31% - 50% - -
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. Ninety percent (170 units) of the 190 lower-income RHNA units will be met by the pending entitlement sites, projected ADUs, and vacant RHNA sites. The remaining 10 percent (20 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 (165 units). In addition to meeting the low-income RHNA already, the City has 49 pending very low-income units and 7 projected very-low income ADUs. This sums to a total of 125 pending units and ADUs (69 pending low-income units, 49 pending very-low income units, 7 projected very low ADUs). 896 of 1216
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Beyond this, the City also has capacity on vacant sites for additional 45 lower-income units.

This totals to 170 units on vacant, pending sites, or ADUs, resulting in an excess capacity of 75 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 RHNA
Low and Very Low Income RHNA 190 100%
50% of Low and Very Low Income RHNA 95 50%
Total Provided 170 90%
Low Income RHNA (Met by Pending Units) 69 36%
Very Low Income Pending Units 49 26%
Very Low Income Projected ADUs 7 4%
Lower Income Capacity: Vacant Sites 45 24%
Excess Capacity beyond 50% 75 -
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 permanent and add significantly to the value of the property.”17 The vacant site capacity is shown by zone in Table 81.
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Table 81: Vacant Site Capacity
APN Zone Capacity
401350015 R2 11
426020027 RMU 25
430290006 RMU 12
430290026 RMR/R* 12
Total: - 60
*Capacity calculated for RMU portion of parcel only.

Non-Vacant Sites
There are two 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 and RMU) as sites that have been recently developed. Existing uses include small, older commercial buildings on large mixed-use parcels. 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. The realistic capacity of nonvacant sites is 40 very low and 12 moderate units.

As shown in Table 80, 170 units (90 percent) of the 190 lower-income RHNA units will be met by the pending entitlement sites, projected ADUs, and vacant RHNA sites. The remaining 20 units (10 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 recently approved project 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 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 898 of 1216
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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
403051012 RMU 38
Total: - 52
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 building
was built between 1968 and 1980. 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 grocery stores,
restaurants, personal services, a library,
tennis courts, transit stops, 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.
2727 Pinole Valley Road, APN 360010031
2727 Pinole Valley Road, APN 360010031
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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 38 units.
725 San Pablo Avenue, APN 403051012
725 San Pablo Avenue, APN 403051012
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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 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). 901 of 1216
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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
• 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
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• 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 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:
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• 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 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. 904 of 1216
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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

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) 905 of 1216
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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 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;
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• 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
The No Place Like Home Program provides loans to eligible counties to acquire, design, construct, rehabilitate, and/or preserve permanent supportive housing for persons who are experiencing homelessness or chronic homelessness, or who are at risk of chronic 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. 907 of 1216
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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. 908 of 1216
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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.
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Policy 5.2: Refer discrimination complaints to a fair housing service provider that addresses housing discrimination.

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). 910 of 1216
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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.

The City is not including any reused sites from the 4th or 5th Cycle in the inventory to meet the RHNA. Therefore, the requirements of Government Code sections 65583.2(h) and (i) do not apply. The statutory requirements of Government Code sections 65583.2(h) and (i), require by-right approval of housing development that includes 20 percent of the units as 911 of 1216
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housing affordable to lower-income households on sites being used to meet the 6th Cycle RHNA that are “reuse sites” previously identified in the 4th 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.

The City will keep a list of additional development opportunity sites to be used in the case of a net loss situation. Should the City have a net loss during the Cycle, this list shall provide the priority replacement sites to add to the RHNA site inventory. The City has begun development of this list, which currently includes six sites that have the combined capacity for 109 units eligible for lower-income development. These additional development opportunity sites provide for an additional 131% of the unmet RHNA (83 total units).

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.

Creation of additional development opportunity site list to use in the case of a net loss within three months of Housing Element adoption.

Funding Source: General Fund
Quantified Objective: Provide adequate sites to accommodate the City’s entire RHNA allocation of 500 units, including the 83 units not met with pending projects or projected ADUs. 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 912 of 1216
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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.

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.
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• Contact faith-based organizations in Pinole to discuss opportunities for housing at their facilities and provide information on recent legislation regarding religiousinstitution 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 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 revisit ADU promotion strategies and resources 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 achieves the RHNA projections (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.
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• 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.
• 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.
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• 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.

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.
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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.

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 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
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Supporting Agency: 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.

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
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CITY OF PINOLE 198
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.

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.
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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 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 an ADU and/or JADU on their properties, or seeking housemates to live in their JADU.

A Home Sharing and Tenant Matching program can also assist in helping those who work in Pinole, including teachers, find housing options in the City.

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 and educational institutions in the City.

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
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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.
• 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
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CITY OF PINOLE 201
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 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
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CITY OF PINOLE 202
Timeline: Within two years of Housing Element adoption.

Funding Source: General Fund
Quantified Objective: Amended zoning ordinance.

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. 923 of 1216
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CITY OF PINOLE 203
Implementing Agency: Community Development Department
Supporting Agencies: Finance Department and City Manager Department 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. 924 of 1216
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CITY OF PINOLE 204
Funding Source: Housing Successor Low and Moderate Income Housing Asset Fund; Contra Costa County, State and Federal funding programs as available.

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. Goals in the draft EJ Element are organized and grouped into the following topic areas:
• Equity in Access: healthy food, public facilities, public transit, key employment centers, government services, medical/health services, quality schools, and childcare. • Equity in Environment: air quality, water quality, health risks associated with climate change and climate vulnerability, safe and sanitary housing. • Equity in Civic Engagement Opportunities: access to civic engagement opportunities, access to voting/polling places
• Equity in Generations: preserving the right of future generations to live, work, and enjoy 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. 925 of 1216
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HOUSING ELEMENT UPDATE
CITY OF PINOLE 205
• 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.

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. 926 of 1216
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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.

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.

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. 927 of 1216
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HOUSING ELEMENT UPDATE
CITY OF PINOLE 207
Implementing Agency: Community Development Department
Supporting Agency: ECHO Housing
Timeline: Revise zoning ordinance to require affordable unit replacement within two years of Housing 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.

Funding Source: General Fund
Quantified Objective: Conducted workshop within one year of adoption. Provide resources on source of income discrimination and housing choice vouchers to 35 households annually.

Geographic Targeting: Conduct the source of income protection/tenant’s rights workshop in west Pinole.

Housing Education and Community Outreach
Program 21. Housing Resources 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 shall include:
• Providing information regarding housing resources on the City website. • Pamphlets on the programs available at City Hall and other community locations such as the Senior Center and Library.
• Providing public information through articles in the local newspaper and with cable TV public service announcements.
• Advertising housing resources through social media.
• Presence at a booth in community events at least once per year. • Provision of materials in multiple languages, in coordination with Program 19.

Promotion of housing resources and education efforts will be done in accordance with the recently adopted Communication and Engagement Plan that was created to help strengthen the City’s communication efforts and effectively reach and engage residents. The Plan includes steps to develop a defined process for translation services and include bilingual communication in social media posts.

Implementing Agency: Community Development Department
Supporting Agency: Community Services Department, City Manager’s Department, Pinole Community Television
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Timeline: Provision of information within 18 months of Housing Element adoption. Presence at community events at least once per year.

Funding Source: General Fund
Quantified Objective: Provision of housing information to approximately 75 residents annually.

Program 22. ADU, JADU, and SB 9 Education and Promotion To encourage development of second dwelling units including ADUs, JADUs, and SB 9 opportunities, 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.

Educating residents and providing new guidance are expected to work in tandem and facilitate additional ADU developments across the City. The pamphlets will be provided in both English and Spanish, and other languages as determined necessary by Program 19. The pamphlets will include detailed information on the ADU process, basic responsibilities and legal requirements of being a landlord, a “fair housing fact sheet,” and references to other educational and financial resources for homeowners building or incorporating ADUs on their This program will work in conjunction with Program 10. Pamphlets created for both ADUs and JADUs will include detailed information on the Pinole home sharing program and references to other educational and financial resources for homeowners seeking housemates to live in their ADU or JADU. Pamphlets will be provided at the Pinole senior center.

Implementing Agency: Community Development Department
Supporting Agency: Public Works Department, Community Services Department, City Manager’s Department, Pinole Community Television
Timeline: 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.

Funding Source: General Fund
Quantified Objective: Increased development of ADUs from 3 to 5 annually. Development of 1 JADU annually.
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Geographic Targeting: Increased promotion of ADUs, JADUs, and SB 9 potential in higher opportunity areas of the City as determined by TCAC opportunity area maps. 930 of 1216
Appendix A

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APPENDIX A: SITES INVENTORY MAP
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Appendix A

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The numbered labels correspond with
the Site ID # in the Sites Inventory List
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Appendix B

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APPENDIX B: SITES INVENTORY LIST
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Appendix B

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CITY OF PINOLE 213
Opportunity Site Inventory
Site ID #
(on map) Address Zip Code
Assessor
Parcel
Number
Existing
General
Plan
Existing
Zone
Maximum
Density Size (Acres)
Lower
Income
Capacity
Moderate
Income
Capacity
Above
Moderate
Total
Capacity Infrastructure City Owned Existing Use 4
th Cycle 5th Cycle
1 2727 PINOLE

VALLEY RD
94564 360010031 Service SubAreaCMU 30 0.67 11 3 0 14 Yes - Commercial - - 2 LAUREL AVE,
north of 580
Laurel Ave*
94564 401350015 Medium
Density
Residential
R2 20 0.78 8 3 0 11 Yes - Vacant - -
3 725 SAN

PABLO AVE
94564 403051012 Mixed Use
Sub Area
RMU 35 1.56 29 9 0 38 Yes - Commercial - -
4 APPIAN
WAY, south
of 2672
Appian Way*
94564 426020027 Mixed Use
Sub Area
RMU 35 1.03 19 6 0 25 Yes - Vacant - -
5 2693 APPIAN
WAY
94564 430290006 Mixed Use
Sub
Area/Rural
RMU 35 1.04 9 3 0 12 Yes - Vacant - -
6 APPIAN
WAY, south
of 2655
Appian Way*
94564 430290026 Mixed Use
Sub
Area/Rural
RMU/R 35 1.63 9 3 0 12 Yes - Vacant - -
* Parcels noted with an asterisk (*) in the address column do not have a current street address. For these sites, a description or the closest Google street address was provided. Google street addresses may not provide the exact location of the parcel. Using the APN is the most accurate way to identify the parcel.

Entitled Projects Inventory
Site ID #
(On Map)
APN Address Zip Code Zoning Lower Income Units Moderate Income Units Above Moderate Income Units
Total Units
7 360010029 2801 Pinole Valley Road 94564 OPMU 4 0 25 29 8 401192015 2525 Brandt Court 94564 R-1 0 1 1 2
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Appendix B

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Site ID #
(On Map)
APN Address Zip Code Zoning Lower Income Units Moderate Income Units Above Moderate Income Units
Total Units
9 401193006 1169 Pinole Valley Road 94564 R-1 0 0 2 2
10 401240017 2151 Appian Way 94564 RMU/CMU 8 23 123 154 11 401240018 94564 RMU/CMU * * * *
12 402013060 1630 Hazel Street 94564 R-1 0 1 3 4
13 402023002
600 Roble Ave, 1109 San
Pablo Ave, 1230 San
Pablo Ave
94564 R-4 142 37 0 179
14 402023003
600 Roble Ave, 1109 San
Pablo Ave, 1230 San
Pablo Ave
94564 R-4 * * * *
15 402023007
600 Roble Ave, 1109 San
Pablo Ave, 1230 San
Pablo Ave
94564 R-4 * * * *
16 402050021 980 Second Ave 94564 R-1 0 0 1 1
17 402050023 1479 San Pablo Ave 94564 RMU 0 0 3 3
18 402161025 816 E Meadow 94564 R-2 0 0 5 5
19 402166030 811 San Pablo Ave 94564 CMU 33 0 0 33
20 403500020 472 Limerick Rd 94564 R-1 0 0 2 2
21 426391010 1500 Fitzgerald Drive 94564 CMU 27 0 196 223 22 430240025 8 N. Rancho Court 94564 R-1 0 0 2 2
23 430260013 209 N Rancho Pl 94564 R-1 0 0 1 1
24 430302012 2529 Lynn Dr 94564 R-1 0 0 1 1
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Appendix C

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APPENDIX C: PUBLIC PARTICIPATION
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Appendix C

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Appendix C

HOUSING ELEMENT UPDATE
CITY OF PINOLE 217

PUBLIC PARTICIPATION
California Government Code Section 65583 requires that each local government shall make diligent efforts to solicit public participation from all economic segments of the community in the development of the General Plan Housing Element. During the preparation of the City of Pinole’s 6
th Cycle Housing Element Update, public input was sought in a variety of ways. It should be noted that public meeting summaries, including questions and staff responses, have been summarized and edited for clarity.

EFFORTS TO ACHIEVE CITIZEN PARTICIPATION
Public participation efforts during the 6th Cycle Housing Element Update included:
• Publication and maintenance of a dedicated Housing Element Update webpage at LandUsePlanningForPinole.com
• Online public outreach survey (provided in English, Tagalog, Cantonese, and Spanish) • Two virtual Community Workshops (recordings translated into Tagalog, Cantonese and Spanish and posted to City website)
• Two stakeholder interviews and surveys
• Three focus group interviews and surveys
• Public updates to the Planning Commission and City Council:
o City Council Study Session, March 22, 2022
o Planning Commission and City Council Study Session, July 13, 2022 o City Council Study Session, November 15, 2022
• Social media postings on the City of Pinole’s Facebook and Instagram pages • Email notifications to interested parties contact list • Notifications in the City’s biweekly administrative report • Postcard mailed to postal customers citywide
• Flyers printed and distributed around the City
• 11 banners of various sizes, ranging from 58 square feet to eight square feet hung at key locations in the City, including community facilities (such as the senior center, swim center, tennis court, and the library), neighborhood parks, over major throughfares and key pedestrian pathways
• QR codes were printed on all postcards and flyers linking the recipient to the project website, which contained an option to participate in the survey, meeting dates, and notification that translation services are available printed in four languages (English, Tagalog, Cantonese, and Spanish)
Due to office/business closures related to the COVID-19 pandemic, the City of Pinole took a new approach to hosting public meetings and elected to host two Community Workshops (public outreach meetings) online using the Zoom platform. 938 of 1216
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Notices for the Community Workshops were printed on postcards and mailed to addressees in the City of Pinole. Flyers were distributed for posting at community locations and local businesses, and 12 banners were hung at community facilities and in Pinole’s Old Town area.

The City contacted business groups, service providers, community groups, religious organizations, affordable housing developers, and major employers (53 in all) by either phone or email to participate in the focus groups or to elicit feedback. A full list of the groups that were contacted by the City of Pinole is shown in the table below.

Meeting links and announcements were regularly updated on the City’s Housing Element website and social media accounts, including Instagram and Facebook. survey was conducted to obtain “local knowledge” about housing, health and safety, and environmental justice. A total of 149 people participated in the online survey, which was offered in English, Spanish, Cantonese, and Tagalog. The results of the housing portion of the survey are reported below. Some survey questions presented the option to select “other” and include written responses. Those write-in responses are reported following the original survey question.
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Group Category Name
Business Groups Bayfront Chamber of Commerce
Contra Costa College Economic & Workforce Development Department San Pablo Economic Development Corporation
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
Contra Costa Association of Realtors
Service Providers Eden Council for Hope and Opportunity ECHO Housing (Fair Housing)
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
Pinole Rotary Club
Contra Costa County Aging & Adult Services
HOPE Solutions
Pathway to Choices
East Bay Housing Organizations
Pinole Library
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
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Pinole for Fair Government
West County League of Women Voters
Contra Costa Builders Exchange (CCBE)
Building Industry Association of the Bay Area
Pinole Historical Society
Their Club (youth group)
The Quinan Street Project
Religious
Organizations
Church of Christ
Church of Jesus Christ of Latter-day Saints
Nichiren Shoshu Myoshinji Temple
Our Savior Lutheran Church
Pinole United Methodist Church
Pinole Valley Community Church
St. Joseph's Church
Valley Bible Church
Christ the Lord Church
Sunset Evangelistic Center
Affordable Housing
Developers
SAHA (Satellite Affordable Housing Associates)
MRK
BRIDGE Housing
Community Housing Development Corporation
Major Employers Kaiser Permanente
Target
West Contra Costa Unified School District
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BANNERS LOCATIONS AND PHOTOS
A map of the locations of the eleven banners posted across the City and photos of the banners are shown below.
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Banner at Pinole Swimming Pool Banner at Pinole Senior Center Banner at San Pablo Avenue and Oak Ridge
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Banner at PVR Park
Banner at PVR Park and Tennent
Banner at Lou Francis Park
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Banner at Pinole Valley Road and Freeway Entrance
Banner at Meadow Park
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Banner at Bayside Park
Banner at Pinole Valley Dog Park
Banner at Lou Francis Park
Banner at Fernandez Park
Banner at Lou Francis Park Banner at Lou Francis Park
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CITY OF PINOLE 226

SOCIAL MEDIA POSTS
The social media posts that were posted on various social media sites including Instagram, Facebook, and Nextdoor and fliers used are shown below. Provided are the social media posts and flier for the October 24th Planning Commission meeting and November 15th City Council meeting, flier advertising the survey, informational screen shown on Pinole TV Channels, and postcard advertising the survey and community meeting on May 11th and June 9 th
.
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ONLINE SURVEY RESULTS
Q1. The following is a list of issues facing Pinole. Please indicate how concerned you are about each of the following items using a scale of not concerned, somewhat concerned, concerned, very concerned, or extremely concerned.

0.00%

5.00%

10.00%

15.00%

20.00%

25.00%

30.00%

35.00%

40.00%

45.00%
Not Concerned Somewhat Concerned Concerned Very Concerned Extremely Concerned 954 of 1216
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Q2. Please indicate your level of concern about the following groups and their ability to find an affordable place to live in Pinole:

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%

70.00%
Not Concerned Somewhat Concerned Concerned Very Concerned Extremely Concerned 955 of 1216
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Q3. Indicate your level of concern about the following housing issues in Pinole.

0.00%

5.00%

10.00%

15.00%

20.00%

25.00%

30.00%

35.00%

40.00%

45.00%
Not Concerned Somewhat Concerned Concerned Very Concerned Extremely Concerned 956 of 1216
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Q3. “Other” responses.

Q4. Using the scale of 1 = Strongly Oppose and 5 = Strongly Support, please indicate your level of support for each of the following in Pinole:

Low-income
housing in Pinole
Workforce housing
in Pinole
More housing in
Pinole
Higher density
housing near jobs
and transit in
Pinole
Market rate
housing in Pinole

0.00%

5.00%

10.00%

15.00%

20.00%

25.00%

30.00%

35.00%

40.00%

45.00%
Strongly Oppose Somewhat Oppose Neutral Somewhat Support Strongly Support 957 of 1216
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Q5. Next you will read a list of potential proposals around housing policy in Pinole. Using the scale of 1 = Strongly Oppose and 5 = Strongly Support, please indicate your level of support.
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Q6. New California State Law (Senate Bill 9) requires cities to permit a lot split and/or the addition of a second primary dwelling unit on a lot via an over-the-counter approval.

How likely or interested are you to add a primary or secondary dwelling unit on your property within the next 8 years?
I have
strong
interest
I have
moderate
interest
I have little
interest
I have no
interest
Don’t know This doesn’t
apply to me
Prefer not
to say

0.00%

5.00%

10.00%

15.00%

20.00%

25.00%

30.00%

35.00%

40.00%

45.00%
Responses
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Q7. Accessory dwelling units (ADUs) are small living spaces on single-family home lots that can be rented. They can be a room in or a new addition to an existing home, or separate building on the same lot. They can provide additional income to homeowners, housing for parents, adult children, single persons and small families. Please select all the reasons you would consider owning or constructing an ADU:

Q7. “Other” responses.

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%

70.00%
Responses
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CITY OF PINOLE 241
Q8. Please choose what obstacles may prevent you from building an ADU on your property. (Please select all that apply.)

55.64%

42.86%

34.59%

16.54%

12.03%

21.05%
Cost to convert
existing space
or build an
addition
Technical
design,
construction
and permitting
Adequate space
in home or on
property for an
ADU
Management of
rental (contract,
lease,
advertising,
collection,
taxes)
No obstacles Other (please
specify)

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%
Responses
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Q8. “Other” responses.
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Q9. Please describe any other considerations, policies, or programs the City should consider here:
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Q10. Illegal housing discrimination is when one or more of the following occurs based on a person’s race, national origin, color, age, familial status, religion, sex, or if they have children or a disability:

Refusing, discouraging, or charging more to rent an apartment or buy a home.

Discouraging a person from living where he or she wants to live, often by steering him or her to another property, neighborhood, or city.

Refusing or discouraging the acquisition of a loan to buy, refinance, or access home equity through tactics that include charging more or providing less favorable terms than the market would otherwise dictate.

Refusing, discouraging, or charging more for home insurance.

Refusing to make a reasonable accommodation or refusing to allow a modification to make an apartment more accessible for a person with a disability.

Predatory lending: unfair, misleading, deceptive, or fraudulent loan practices.

Have you or someone you know ever encountered any of the forms of housing discrimination described above? (Please select all that apply.) Q10. “Other” responses.

76.67%

4.17% 2.50%

6.67% 5.00% 5.83% 3.33% 0.83%
No, I have
not
Yes, I have I think I
may have
I'm not
sure
I know
someone
who has
I think I
may know
someone
who has
N/A or
prefer not
to say
Other
(please
specify)

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%

70.00%

80.00%

90.00%
Responses
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Q11. If you believe that you or someone you know encountered housing discrimination, please identify the location and time period when it occurred. (Please select all that apply.)
Q12. If you think housing discrimination is occurring in Pinole, what types of discrimination do you think are prevalent? (Please select all that apply.) Bay Area Contra Costa County Pinole

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%

70.00%

80.00%

90.00%
100.00%
In the last 2 years
In the last 5 years
More than 5 years ago
Not applicable. Not aware of any discrimination

30.85%

22.34%

6.38%

10.64%

3.19%

13.83%

7.45% 7.45% 8.51%

12.77%

24.47%

51.06%

12.77%

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%
Responses
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Q12. “Other” responses.

Q13. Please indicate whether you feel Pinole is: (Select one)

8.26%

79.82%

11.93%
Racially Segregated (defined
as a high concentration of
persons of a particular race
or ethnicity in a particular
geographic area when
compared to the broader
Bay Area.

Racially Integrated (defined
as not containing a higher
concentration of a particular
race or ethnicity in a
particular geographic area)
Other / Unsure (Please
explain)

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%

70.00%

80.00%

90.00%
Responses
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Q13. “Other” responses.
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Q14. Since 2015, have you had to move out of your residence in Pinole when you did not want to move?
Q15. If you answered yes to the previous question, why did you have to move? (Please select all that apply.)

2.56%

97.44%
Yes No

0.00%

20.00%

40.00%

60.00%

80.00%
100.00%
120.00%
Responses

0.00%

50.00%

0.00% 0.00% 0.00%

25.00%

0.00% 0.00% 0.00% 0.00% 0.00% 0.00%

25.00%

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%
Responses
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Q16. Which of the following issues, if any, have restricted the housing options you were able to consider? (Please select all that apply.)
Q16. “Other” responses.

27.17%

10.87%

5.43%

0.00%

5.43%

2.17%

63.04%

3.26%

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%

70.00%
Responses
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Q17. Do you currently own the home or apartment where you live, do you rent, do you live with family, or do you not have stable housing?

81.37%

4.90%

8.82%

0.00%

4.90%
Own/buying Rent/lease Live with Family No stable housing Prefer not to respond

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%

70.00%

80.00%

90.00%
Responses
974 of 1216
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CITY OF PINOLE 254
Q18. Do you live in a:

84.16%

0.00%

4.95% 4.95% 3.96% 1.98%

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%

70.00%

80.00%

90.00%
Responses
975 of 1216
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Q19. How many years have you lived at your current address? Q20. Approximately what percentage of your gross household income do you spend on housing? Example: If your monthly gross income is $4,000 and you spend $1,500/month on rent, you would spend 37% of your household income on housing.

11.76%

8.82%

16.67% 17.65%

42.16%

2.94%
Less than 2
years
2-5 years 6-10 years 11-20 years More than 20
years
Prefer not to
respond

0.00%

5.00%

10.00%

15.00%

20.00%

25.00%

30.00%

35.00%

40.00%

45.00%
Responses

21.00%

17.00%

9.00% 9.00%

7.00%

5.00%

2.00% 3.00% 3.00%

24.00%
15% or
less
20% 25% 30% 35% 40% 45% 50% 60% or
more
Prefer
not to
respond

0.00%

5.00%

10.00%

15.00%

20.00%

25.00%

30.00%
Responses
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Q21. In terms of your job status, are you:

Q22. What is the last grade you completed in school?

49.02%

4.90%

1.96% 0.98%

31.37%

2.94% 1.96% 1.96%

4.90%

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%
Responses

0.00% 0.99%

7.92%

3.96%

29.70% 30.69%

22.77%

3.96%

0.00%

5.00%

10.00%

15.00%

20.00%

25.00%

30.00%

35.00%
Responses
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Q23. Do you consider yourself to be:

Q24. Do you identify as male, female, nonbinary, or something else?

7.00%

49.00%

3.00% 6.00%

2.00% 3.00% 2.00% 2.00%

9.00%

3.00%

14.00%

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%
Responses

36.00%

54.00%

0.00% 0.00%

10.00%
Male Female Nonbinary Other Prefer not to
answer

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%
Responses
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Q25. In what year were you born?
Q26. We want to ensure everyone can participate in this process. Community workshops will be held in English. If a live translator would be helpful for you to participate in community workshops, what language would you prefer?

13.86%

10.89%

9.90%

5.94%

7.92%

3.96% 3.96%

10.89%10.89%

4.95%

2.97%

4.95%

0.00%

8.91%

0.00%

2.00%

4.00%

6.00%

8.00%

10.00%

12.00%

14.00%

16.00%
Responses

3.33% 0.00% 3.33%

93.33%

0.00%
Cantonese Tagalog Spanish I will not need
translation
services
Other (please
specify)

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%

70.00%

80.00%

90.00%
100.00%
Responses
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Q27. Please note your connection to the City of Pinole. (Please select all that apply.)

0.00%

96.08%

8.82%

3.92% 3.92%

0.98% 1.96% 3.92%

7.84%

0.00% 0.00% 1.96%

0.00%

20.00%

40.00%

60.00%

80.00%
100.00%
120.00%
Responses
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Q28. How long have you had this connection in Pinole?
Q29. Using the map of Pinole’s census tracts, please indicate in which part of Pinole you live, work, or spend the most your time. (Select one.)

5.94%

9.90%

12.87%

67.33%

3.96%
Less than a year 1 – 4 years 5 – 10 years 10 or more years N/A

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%

70.00%

80.00%
Responses

23.76%

26.73%

11.88%

34.65%

2.97%
Northwest Northeast Southwest Southeast Prefer not to
answer

0.00%

5.00%

10.00%

15.00%

20.00%

25.00%

30.00%

35.00%

40.00%
Responses
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Q30. Please specify the primary language and any other secondary languages spoken in your household:
98%
2% 1%
English Cantonese Spanish
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Primary Language
33%
6%
28%
11%
6% 6% 6% 6% 6% 6% 6%
0%
5%
10%
15%
20%
25%
30%
35%
Secondary Language (18 respondants)
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Q31. How many people including yourself live in your household? Q32. Please select all that apply to you:

12.87%

40.59%

19.80%

5.94%

7.92%

1.98% 0.99%

9.90%
1 2 3 4 5 6 7 or more Prefer not
to answer

0.00%

5.00%

10.00%

15.00%

20.00%

25.00%

30.00%

35.00%

40.00%

45.00%
Responses

35.00%

10.00%

3.00%

9.00%

4.00%

63.00%

7.00%

1.00% 3.00%

11.00%

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%

70.00%
Responses
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Q33. Please share the total (gross) annual household income for all adults in your household.

Less than
$45,999
$46,000 to
$75,999
$76,000 to
$120,999
$121,000 to
$180,999
$181,000 or
more
Prefer not to
answer

0.00%

5.00%

10.00%

15.00%

20.00%

25.00%

30.00%

35.00%

40.00%

45.00%
Responses
984 of 1216
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CITY OF PINOLE 264

STAKEHOLDER INPUT
To gain additional insight from stakeholders, the City held consultations with a number of stakeholder groups. Two virtual stakeholder focus groups were held via Zoom. They were held at different times and days of the week to accommodate different schedules. The first was held on Monday, June 27, 2022, at 12:00 p.m. and the second was on Thursday, June 30, 2022, at 4:00 p.m.

The first focus group experienced technical difficulties, so registered attendees were invited to participate in one-on-one interviews at a time of their choosing. Neither of the two registered participants chose to participate at a later date.

The second focus group had five attendees representing three different organizations: the Friends of Pinole Creek Watershed, Pinole Valley Community Church, and BGAM Property Management. A summary of the focus group feedback is provided below.

In addition to the two focus groups, stakeholders were offered an opportunity to provide their individual responses to the stakeholder interview questions in writing or via a one-onon scheduled phone call or video conference. Two individuals provided one-on-one input.

In the focus groups and interviews, the stakeholders were asked the following questions:

1. Please describe your agency or role in the City.

2. What would you say are your agency’s top priorities in the next 2-3 years?

3. What do you think is the best strategy to build more housing to meet the City of Pinole’s Regional Housing Needs Allocation (RHNA) goals?

4. What segment of the City’s population do you think is most vulnerable in terms of having affordable housing?

5. How do you think the City can assist that population segment?

6. What do you think the greatest challenge may be in terms of housing needs for the City?

7. Do you have any other thoughts or comments that you would like to share? The following stakeholder groups were represented at the second focus group:
• Friends of Pinole Creek Watershed (June 30, 2022)
• Pinole Valley Community Church (June 30, 2022)
• BGAM Property Management (June 30, 2022)
The following stakeholders were interviewed in a one-on-one format:
• Pinole Rotary Club (July 25, 2022)
• Contra Costa Association of Realtors (July 26, 2022)
Below is a summary of stakeholder feedback:
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A. Stakeholder Focus Group #2 (June 30, 2022)
The key themes that were important to Pinole stakeholders were as follows:
• Grow awareness of the specialness of Pinole
• Educate people to “do their part” and not litter
• Habitat restoration and protection needs to be considered when locating housing sites
• Housing is too expensive
• There is not enough housing located within a reasonable distance to parks and open spaces
• Commercial retail has suffered due to COVID-19 – can we reuse this land for housing?
• Incentivize developers to including housing in their nonresidential retail projects • Concern for low income and the young and old – populations on low or fixed incomes, people living on the fringes
• Impact fees are a constraint on development
• Place new housing near transportation
• Schools in Pinole do not have a strong reputation
• Pinole is a commercial “black hole”
• Running out of real estate
• Pinole needs to meet housing objectives while keeping it a nice place to live – enforcing standards
• Put an emphasis on community events for community building B. Pinole Rotary Club (July 25, 2022)
In the stakeholder interviews, participants were asked to describe their agency’s role in the City and what their top priorities are in the next few years. The Pinole Rotary Club is a community service organization that is currently prioritizing developing new events to revive in-person community engagement post-pandemic and increasing growth of the organization. Opportunities for community engagement include a crab feed, community cleanup, and creek cleanup.

The Pinole Rotary Club believes that there is evidence of effort being made to increase housing in the community, but it’s taking a long time. The City hasn’t had a lot of housing development. One suggested strategy to develop more affordable housing would be to consider such development on vacant land along San Pablo Avenue, which is currently mostly industrial. There is misinformation about what affordable housing represents. More 986 of 1216
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education is needed about what affordable housing means. There is a lack of housing for first-time homebuyers and lower-income earners (retail clerks, public service employees such as police and teachers, etc.)
The two most vulnerable segments of the population are seniors who want to downsize to a small apartment because they don’t want to take care of large property and want to stay in the City and lower-income earners as mentioned above.

The Rotary Club stated that the City could assist these segments of the population by analyzing the area’s needs and prioritizing the needs of those individuals. Some seniors want to move but are not able to move anywhere else in the City. The City should also incentivize accessible dwelling units, make sure fees are studied, and reduce restrictions to make this type of housing more available.

The greatest challenge the City faces with regard to housing needs is a lack of information and clarification about what affordable housing projects are and how they benefit the community. The Rotary Club believes that education on this topic will allow citizens to take a more active role in supporting affordable housing efforts in the City. There is a lot of misinformation being circulated on social media by individuals in the community. More town hall events where residents can hear from experts in the field and get factual information would be helpful. The pandemic has led to disconnection in the community, and efforts should be taken to rebuild that in-person sense of community. Town hall events would also help with that.

C. Contra Costa Association of Realtors (July 26, 2022) When asked about their agency’s role in the City and their top priorities over the next few years, the Contra Costa Association of Realtors (CCAR) stated they are a trade organization representing over 4,000 members, including 500 in West County of Contra Costa County. The organization’s primary role is to work to protect homeowners’ property rights and protect members’ ability to conduct business.

Strategies recommended for building more housing in Pinole include incentivizing accessory dwelling units and looking at case studies to see what others are doing outside California to come up with creative housing solutions. Some examples include conversion of abandoned industrial buildings and shopping malls and construction of apartments using shipping containers.

CCAR sees the middle class as the most vulnerable in terms of having affordable housing.

The low-income population is always a concern, but there are also not enough options for middle-income earners who don’t qualify for low-income income limits (both rental and homeownership).

CCAR recommends that the City advocate for housing solutions that specifically use the term “work-force housing.” There is too much stigma with the term “affordable housing,” and many people associate affordable housing only with Section 8 rentals. More education is 987 of 1216
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needed about what work-force housing is. The City should encourage new development and programs that help the middle class get into homes. Work-force housing should be included in low-income properties, so there are move-up opportunities when residents no longer qualify for the low-income units.

CCAR recommended a couple programs for those with limited incomes. Richmond Community Foundation Connects has a program called the Black Wealth Builder’s Fund18, which helps Black potential homebuyers with down payment assistance through a zeropercent-interest loan, to be paid back only when the home is refinanced or sold. California Association of Realtors Housing Affordability Fund19 is another similar program, which is a closing cost assistance grant program that helps first-time homebuyers who are members of an “underserved community” (especially black and Latino individuals).

The greatest challenges CCAR sees with housing needs in the City is cost and timing of housing development. There is limited housing supply and availability of land. Costs of real estate, land, labor, and construction are all high in this area and make building new housing difficult.

CCAR has observed that there is a misconception that younger generations want apartments; many still want the opportunity for small, traditional single-family homes in which they can start families.
18 https://give.richmondcf.org/campaigns/17536-black-wealth-builder-s-fund 19 https://www.car.org/difference/haf/hafclosingcostgrantprogram 988 of 1216
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COMMUNITY WORKSHOPS (PUBLIC OUTREACH MEETINGS)
Due to office/business closures related to the COVID-19 pandemic, the City of Pinole hosted two Community Workshops (public outreach meetings) online using the Zoom platform. • The first Community Workshop was held via Zoom on Wednesday, May 11, 2022, and had seven community member attendees. This meeting provided an overview of the three major components of the project: Update the Housing Element, Update the Health and Safety Element, and Creation of a new Environmental Justice Element.
• The second Community Workshop was held via Zoom on Thursday, June 9, 2022, and had 18 community members attendees. The meeting provided an overview of key housing policies that could be incorporated into the updated Housing Element.

A question-and-answer period was held during both Community Workshops. During this time, questions/comments received were answered verbally and written in the text box on the Zoom meeting platform. An electronic poll was also conducted during each Community Workshop. The results of each Community Workshop are provided below. 989 of 1216
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COMMUNITY WORKSHOP #1 (MAY 11, 2022)
Live Poll Results
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QUESTION-AND-ANSWER SESSION
Question 1: We have mostly watershed land left and traffic is horrible. A RHNA of 500 is a lot for a 5-square-mile town. We should appeal for less because we only have bus transportation. We don't have a ferry terminal or Amtrak station.

Answer 1: Thank you, Annmarie. The RHNA allocations are firmly set by the State and ABAG [Association of Bay Area Governments]. Pinole has a relatively smaller increase than many other cities.

Question 2: ADUs are gross and smelly.

Answer 2: The condition of ADUs are not inherently different than any other form of housing. Maintenance is up to the owner. Many cities are preparing preapproved designs to encourage attractive and affordable ADU construction.

Question 3: Too fast on survey please.

Answer 3: Thank you. We will have time for Q&A. You can type any time and we will address at the end.

Question 4: Covid/pandemic precautions
Answer 4: Thank you. Yes, we have included Health Crises as a topic in the Safety Element.

Question 5: Reduction of flammable vegetation needs to be addressed in the city, many property owners do not comply.

Answer 5: Thank you. We will include fuel modification and fire safe design policies as well as enforcement in the Health and Safety Element.
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Question 6: I would like to see the City of Pinole address code enforcement better.

Many property owners do not take care of their front yards. Junk stacked up, weeds.

We need to take pride in our neighborhoods.

Answer 6: Thank you for your comment. Enforcement is often one of the programs of the Housing Element.

Question 7: Hospitals are gone. We have to go to John Muir or the county hospital or Kaiser if you have it.

Answer 7: Thank you. We understand the concern and will address distance to quality medical care in the Environmental Justice Element.

Question 8: Was civic engagement supposed to be an option on that poll? Answer 8: Feel free to use the Q&A tool to comment if we missed your poll answer.

Question 9: I was able to select an option for question 8, but it seems as though it only had 4 out of the 5 options to choose from. I was curious if Civic Engagement was supposed to be part of question 8 or the question was meant to emphasize the other options?
Answer 9: Apologies - we can note your preference to highlight civic engagement in our response. Thank you!
Question 10: I noticed that all the respondents (at least at the start of the meeting) were using the English room. Is there a way the city could do more targeted outreach to Spanish/Cantonese/Tagalog-speaking communities in Pinole?
Answer 10: Great question! We are recording this session in all three languages, and these will be available on the project website. The surveys are also available in all four languages.

The project team and City sent postcards to all households in Pinole with QR codes to the survey and Zoom meeting. The postcards included information in the four selected languages that translation services are available. The team is also contacting stakeholders, including religious institutions and service organizations, who can help us reach their constituents.
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COMMUNITY WORKSHOP #2 (JUNE 9, 2022)
Live Poll Results
Poll Question 1: What are the top housing issues facing people in Pinole? Question-and-Answer Session
Question 1: Can you define climate health risks?
Answer 1: From the CDC: “Climate change, together with other natural and human-made health stressors, influences human health and disease in numerous ways. Some existing health threats will intensify, and new health threats will emerge. Not everyone is equally at risk. Important considerations include age, economic resources, and location.

In the U.S., public health can be affected by disruptions of physical, biological, and ecological systems, including disturbances originating here and elsewhere. The health effects of these disruptions include increased respiratory and cardiovascular disease, injuries and premature deaths related to extreme weather events, changes in the prevalence and geographical distribution of food- and water-borne illnesses and other infectious diseases, and threats to mental health.”
Question 2: May I please get a copy for this and the previous slide deck? Answer 2: Yes. Recordings will be uploaded on the website:

LandUsePlanningForPinole.com. Also, if you send an email to [email protected], we can reply with a PDF copy.

Question 3: What is the median income for the area?
Answer 3: The California Department of Housing and Community Development has a 2021 median income for Contra Costa County of $125,600 for a family of four. The 2021 values have served as the basis of our data assessment. 0 2 4 6 8 10 12
Difficulty paying rent, mortgage, down-payment,…
ADA accessibility
Housing segregation and discrimination
Overcrowding
Other? (Please describe)
Number of Respondents (17 Total)
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Question 4: Clarification of blue on previous slide?
Answer 4: The blue indicates projects in the pipeline that are counted toward the City's RHNA (Regional Housing Needs Allocation).

Question 5: Are you sure about the income levels in the earlier slide? Looking at the 2021 Contra Costa CDBG, it looks like low income for a household of four is capped at $109,600 which you have as the floor of above moderate, when it should be floor of moderate.

Answer 5: Noted. Low income is between $68,500 and $109,600. Moderate income is between $109,500 and $150,700, with the median income of $125,600.

Question 6: Does senior housing fall under low-income housing? Answer 6: Senior housing can fall under multiple income levels. For a senior housing development to be considered low-income housing, an affordability covenant would need to be included for those units that would count toward low-income housing.

Question 7: For the Affirmatively Furthering Fair Housing, how is a commitment to meaningful actions measured? Is there a metric that will be reported or any other reporting requirement?
Answer 7: The City will need to determine metrics unique to each specific program/action.

For instance, for neighborhood connectivity improvements, the metric could be a number of specific sidewalk segments. Or for housing preservation, the City could commit to issuing X number of grants, or a certain service for a specific period of time, to maintain homes.

The City reports its progress on Housing Element implementation to the State annually in the Housing Element Annual Progress Report. This report is also filed with the City Council.

Question 8: What is the demographic breakdown of Pinole compared to Contra Costa County?
Answer 8: The Housing Element includes an assessment on the demographics of Pinole and Contra Costa County, including age, race, ethnicity, employment, household trends, tenure, income, vacancy, and housing costs, among other factors. This analysis will be released with the Draft Element.

Question 9: In the poll, is suitable housing the same as affordable housing? Answer 9: For the Housing Element, suitable housing refers to housing that is safe, accessible, and habitable.
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Question 10: Require affordable housing in developments.

Answer 10: Noted. This would fall under an Inclusionary Housing Ordinance.

Question 11: How can we require developers to mitigate transportation impacts?
Answer 11: Transportation impacts are addressed by the California Environmental Quality Act (CEQA). Projects subject to CEQA are required to assess transportation impacts and mitigate any impacts that exceed the City's thresholds.

Question 12: Greener buildings. White roads, plants on the roof, grey water, more solar panels, plant more trees and CA Native pollinator plants.

Answer 12: This is great feedback! Especially for the Environmental Justice and Housing Elements.
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Notice of Exemption Appendix E
Revised 2011
To: Office of Planning and Research
P.O. Box 3044, Room 113
Sacramento, CA 95812-3044
County Clerk
County of: __________________
___________________________
___________________________
From: (Public Agency): ____________________________
_______________________________________________
_______________________________________________
(Address)
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:

Project Location - City: ______________________ Project Location - County: _____________________ Description of Nature, Purpose and Beneficiaries of Project:

Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):

Ministerial (Sec. 21080(b)(1); 15268);

Declared Emergency (Sec. 21080(b)(3); 15269(a));

Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section number: ____________________________________ Statutory Exemptions. State code number: ______________________________________________ Reasons why project is exempt:

Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? ҏ Yes
No
Signature: ____________________________ Date: ______________ Title: _______________________

Signed by Lead Agency
Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR: _______________ Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.

City of Pinole
2131 Pear Street, Pinole, CA 94564
Contra Costa
555 Escobar Street
Martinez, CA 94553
2023-2031 (6th Cycle) Housing Element Update
City of Pinole
Pinole Contra Costa
City of Pinole
Planning Division
15061(b)(3)
Lilly Whalen (510) 724-9832
Community Dev. Director
Print Form
The project is an update to the City of Pinole Housing Element as required by State law. The 6th Cycle update analyzes the projected housing needs of residents and plans for housing to the meet the City’s RHNA during the 2023-2031 planning period by identifying adequate sites and adopting goals, policies, and programs.

The project does not have the potential to cause a significant effect on the environment. See attachment.

The entire incorporated city limits of the City of Pinole. 1000 of 1216
California Environmental Quality Act (CEQA)
Statutory Exemption 15061(b)(3) Findings
City of Pinole 2023-2031 (6th Cycle) Housing Element
Introduction and Project Overview
The proposed project is an update to the City of Pinole Housing Element, as required by State Law. The 6th Cycle update analyzes the projected housing needs of residents during the 2023-2031 planning period and plans for housing to the meet the City’s Regional Housing Needs Allocation (RHNA) by identifying adequate sites and adopting goals, policies, and programs. These findings demonstrate the eligibility of the City’s 6th Cycle Housing Element update to be exempt from the provisions of the California Environmental Quality Act (CEQA).

Statutory Authority
California Code of Regulations, Title 14 (CEQA Guidelines) Section 15061, Review for Exemption, sets forth certain types of projects that are exempt from expanded environmental review pursuant to CEQA. CEQA Guidelines Section 15061(a) states that once a lead agency has determined that an activity is a project subject to CEQA, a lead agency shall determine whether the project is exempt from CEQA. Section 15061(b) states that a project is exempt from CEQA if:

1. The project is exempt by statute (see, e.g. Article 18, commencing with Section 15260).

2. The project is exempt pursuant to a categorical exemption (see Article 19, commencing with Section 15300) and the application of that categorical exemption is not barred by one of the exceptions set forth in Section 15300.2.

3. The activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

4. The project will be rejected or disapproved by a public agency. (See Section 15270[b]).

5. The project is exempt pursuant to the provisions of Article 12.5 of this Chapter.

Based on the nature of the project, and as further described below, the 6 th Cycle update to the City of
Pinole Housing Element qualifies for a “common sense exemption,” as provided by CEQA Guidelines Section 15061(b)(3).

Applicability of Statutory Exemption 15061(b)(3)
Updates to the City of Pinole Housing Element include identification of sites and the adoption of goals, policies, and programs to meet the City’s RHNA and provide opportunities for affordable housing within the City. The project does not provide entitlements to land use development projects, nor does it propose development of the identified RHNA sites that could have an effect on the environment. Future development proposals for RHNA sites identified during this planning cycle would be subject to environmental review pursuant to the provisions of CEQA, as appropriate.

Finding
As described above, the City of Pinole 6th Cycle Housing Element update does not have the potential to cause a significant effect on the environment. Therefore, the project is exempt from further environmental review pursuant to CEQA Statutory Exemption 15061(b)(3). 1001 of 1216
1 December 12, 2022
1 DRAFT
2 3 MINUTES OF THE REGULAR MEETING
4 PINOLE PLANNING COMMISSION
5 6 December 12, 2022
7 8 THIS MEETING WAS HELD IN A HYBRID FORMAT
9 BOTH IN-PERSON AND ZOOM TELECONFERENCE
10 11
12 A. CALL TO ORDER: 7:20 p.m.
13 14 B1. PLEDGE OF ALLEGIANCE
15 16 B2. LAND ACKNOWLEDGEMENT: Before we begin, we would like to acknowledge the 17 Ohlone people, who are the traditional custodians of this land. We pay our respects to 18 the Ohlone elders, past, present and future, who call this place, Ohlone Land, the land 19 that Pinole sits upon, their home. We are proud to continue their tradition of coming 20 together and growing as a community. We thank the Ohlone community for their 21 stewardship and support, and we look forward to strengthening our ties as we continue 22 our relationship of mutual respect and understanding. 23 24 B3. ROLL CALL
25 26 Commissioners Present: Banuelos, Benzuly, Menis, Acting Chairperson Kurrent 27 28 Commissioners Absent: Vice Chairperson Martinez, Chairperson Moriarty 29 30 Staff Present: David Hanham, Planning Manager
31 Lilly Whalen, Community Development Director
32 Alex Mog, Assistant City Attorney
33 Justin Shiu, Contract Planner
34 35 C. CITIZENS TO BE HEARD
36 37 Anthony Vossbrink, Pinole, inquired of the status of the caretaker’s home on Adobe Road, 38 which property had been vacant for over a year. While the City Manager had informed 39 him a status report would be provided to the City Council that had not occurred. He 40 expressed concern with rumors in the community regarding the use of the property and 41 suggested its use as a community garden and historical site would be preferred given that 42 the City was losing revenue not leasing the property and since the vacant property was in 43 disrepair and in need of maintenance. An adjoining fire trail on Adobe Road also required 44 some retrofitting to provide ingress/egress access to the back half of Pinole Valley Road, 45 specifically the 3900 block of Pinole Valley Road, which had been blocked with debris and 46 fallen trees. Years ago a prior Fire Chief and Mayor had promised the breach in the fire 47 trail would be repaired.
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ATTACHMENT E
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1 Mr. Vossbrink also asked the status of the Galbreth Road fire trail crossbar closure located 2 at the end of Galbreth Road where a new barn gate had been installed, although the locks 3 had been removed from the fire trail cross bar. He questioned why some fire trail cross 4 bars had been locked and others had not, and asked whether the City had gone on record 5 that Galbreth Road cross traffic and Rancho Road into the City of El Sobrante would be 6 addressed.
7 8 Planning Manager David Hanham explained that staff would have to speak with the Fire 9 Chief to address concerns with the fire breaks/trails and staff would also have to look into 10 the status of the caretaker’s home. He reported there had been no applications submitted 11 for the use of that structure.
12 13 Commissioner Menis reported he had ex parté communications with Mr. Vossbrink about 14 some of the items he had raised prior to the meeting. He had also sent a notice to 15 members of the public about the single agenda item to be discussed by the Planning 16 Commission.
17 18 D. MEETING MINUTES
19 20 1. Planning Commission Meeting Minutes from October 24, 2022 21 22 MOTION with a Roll Call vote to approve the Planning Commission Meeting Minutes from 23 October 24, 2022, as shown.
24 25 MOTION: Banuelos SECONDED: Benzuly APPROVED: 4-0-2 26 ABSENT: Martinez, Moriarty
27 28 E. PUBLIC HEARINGS
29 30 1. 2023-2031 Housing Element Update –Recommendation on Adoption 31 32 The Planning Commission is requested to consider making a recommendation to 33 the City Council for a General Plan Amendment to adopt the 2023-2031 Housing 34 Element. As an Element of the Pinole General Plan, and in accordance with the 35 California Government Code, the Housing Element presents a comprehensive set 36 of housing policies and programs to address identified housing needs for the City 37 of Pinole for the 2023 through 2031 planning period. The project is exempt from 38 the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) 39 of the State CEQA guidelines (Common Sense Exemption) because (1) it can be 40 seen with certainty that there is no possibility that the proposed 2023-2031 41 Housing Element would have a significant effect on the environment, (2) no 42 property re-zoning is needed to accommodate the City’s Regional Housing Needs 43 Allocation, and (3) potential residential development densities have already been 44 analyzed and mitigated in an earlier Environmental Impact Report. The full Public 45 Review Draft Housing Element (issue date: October 14, 2022) can be accessed 46 online (www.landuseplanningforpinole.com) or at the Community Development 47 Department at Pinole City Hall (2131 Pear Street).
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3 December 12, 2022
1 Planning Manager Hanham presented the staff reported dated December 12, 2022. He 2 introduced Dan Wery, Housing Element Specialist and Shannon Liska, Planner with 3 Michael Baker International (MBI), the firm hired to complete the City of Pinole’s Housing 4 Element Update as well as the Social Justice Element and updates to the Safety Element. 5 6 Mr. Hanham recommended the Planning Commission take the following actions: 1) adopt 7 Resolution 22-07 recommending: a) The City Council adopt an amendment to the General 8 Plan to incorporate the revised Draft Housing Element 2023-2031 Update and the 9 California Environmental Quality Act (CEQA) exemption; b) the City Council authorize the 10 City Manager to make technical modifications, refinements, and clarifications (including 11 but not limited to implementation details of the proposed housing plan programs) to the 12 Housing Element Update without requiring a subsequent hearing and re-adoption; new 13 goals, policies or programs would require re-adoption; and 2) consider and provide 14 recommendations on the opportunities for future program development and additional 15 implementation measures independent of, and subsequent to, the adoption of the Housing 16 Element.
17 18 Dan Wery, Housing Element Specialist, MBI, provided a PowerPoint presentation which 19 included an overview of the purpose of the discussion to review changes to the Housing 20 Element since the Planning Commission had last met on October 24, 2022, and since the 21 City Council meeting of November 15, 2022 when changes had been made to the Draft 22 Housing Element. He reported that the document had been submitted on December 2, 23 2022 to the State Department of Housing and Community Development (HCD) for its 90- 24 day review.
25 26 Some changes recommended by the Planning Commission had been incorporated by the 27 City Council, some had already been addressed, some required additional revisions and 28 some could be considered independent of the Housing Element Update. The Planning 29 Commission was asked to make a recommendation to the City Council on the adoption of 30 the Draft Housing Element that would be considered by the City Council at its January 17, 31 2023 meeting.
32 33 Mr. Wery summarized the Housing Element Revision Summary which included the 34 addition of the 223-unit Kmart/Pinole Vista site; Revised Site Maps and List, and 35 Affirmatively Furthering Fair Housing (AFFH) and Sites Chapter, and the addition of No 36 Net Loss Backup Inventory. Also added to the Housing Element was a glossary of terms, 37 a translation notice page, updated cost valuation data, more details on community 38 engagement, documented compliance of the public review process, teacher eligibility for 39 an owner-tenant matching program and the recently adopted Pinole Communication and 40 Engagement Plan.
41 42 Mr. Wery highlighted a table of the Planning Commission’s recommendations, which 43 included how the recommendations would be addressed in the Housing Element contents 44 and/or required zoning amendments and which recommendations would provide 45 opportunities for future consideration as shown on Pages 8 through 11 of the December 46 12, 2022 staff report. He also highlighted maps as part of Future Considerations, including 47 Religious Institutions and Educational Sites.
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1 Mr. Wery identified the project schedule and next steps. He reiterated the Housing 2 Element had been submitted to HCD on December 2 for the 90-day review period. The 3 City Council would hold a public hearing on the adoption of the Draft Housing Element on 4 January 17, 2023. HCD certification or, if necessary, revisions and recirculation of the 5 Draft Housing Element and resubmittal to HCD had been scheduled for March 2023. 6 Planning Commission review and recommendation to the City Council for review and re7 adoption had been scheduled for April 2023, and the submittal of the re-adopted and 8 revised Housing Element to HCD had been scheduled for May 2023. 9 10 Mr. Wery suggested the City’s Draft Housing Element was substantially complete with 11 State Housing Law and the City of Pinole was far ahead of most cities since the City had 12 already met much of its Regional Housing Needs Allocation (RHNA) for the next eight 13 years and only needed another 83 +/- units over that time. The City also had a great Sites 14 Inventory and Replacement Sites Inventory identified. He hoped that HCD would respond 15 within the 90-day review period and confirm the City’s Draft Housing Element was 16 substantially compliant with State Housing Law, which would allow the City to start 17 implementing the programs and policies contained therein. In the event the state found 18 that the Draft Housing Element was not substantially complete with State Housing Law, 19 HCD would submit a letter to the City and the City would have to respond hopefully to 20 minor comments and resubmit a revised draft to HCD for a 60-day review pursuant to the 21 project schedule.
22 23 Mr. Wery welcomed comments from the Planning Commission at this time. 24 25 Acting Chairperson Kurrent was impressed with the work done on the Draft Housing 26 Element thus far. He had experience with General Plans and Housing Elements and 27 thanked MBI for its work. He asked for clarification from staff whether the Planning 28 Commission comments made during its October 24 meeting had been included in the 29 Draft Housing Element.
30 31 Mr. Hanham identified a redline version of the Planning Commission comments included 32 in Table 1, as shown on Pages 4 through 7 of the December 12 staff report that reflected 33 what had been included in the Draft Housing Element and what had been submitted to 34 HCD. The redline revisions also occurred after the November 15 City Council meeting 35 and reflected any changes the City Council had asked to be made. Table 2, as shown on 36 Pages 8 through 22 of the staff report, included the Planning Commission 37 Recommendations and Opportunities for Implementation. 38 39 Acting Chairperson Kurrent commented that it appeared some verbiage was missing 40 between the Draft Housing Element and the information in the staff report as it related to 41 the Planning Commission’s recommendations.
42 43 Mr. Hanham explained that any additional Planning Commission future consideration 44 recommendations would be part of future policies and programs to be added to the 45 Housing Element.
46 47 Acting Chairperson Kurrent asked what would happen if the City did not meet the HCD 48 required deadline of January 31, 2023 for the adoption of the Housing Element. 49 1005 of 1216
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1 Assistant City Attorney Alex Mog explained that the City Council was scheduled to adopt 2 the Draft Housing Element on January 17, 2023 prior to the January 31 deadline. In the 3 event HCD determined the City was not in compliance with State Housing Law, it may 4 impact the City by the loss of funding from various grants and the “builders remedy” may 5 come into play. If the City did not have a compliant Housing Element, the City could not 6 use the Housing Accountability Act (HAA) as the basis to deny a project and there could 7 be a risk to the City. Staff hoped the Draft Housing Element would be approved even if 8 the City had to respond to potential revisions to prevent a non-compliant Housing Element 9 and to prevent the potential for the “builders remedy.” He emphasized it would be the 10 City’s position when the City Council adopted the Draft Housing Element on January 17, 11 2023 that it would be adopting a compliant Housing Element and if there were any issues 12 from HCD they would be addressed as quickly as possible. 13 14 Acting Chairperson Kurrent recognized it would be prudent for the City to adopt a generally 15 compliant Housing Element that complied with the state as soon as possible. While there 16 were things the Planning Commission would like to have as part of future considerations, 17 he urged the Planning Commission to not modify or recommend any new programs at this 18 time but review what was before the Commission.
19 20 Commissioner Menis referenced the staff recommendation as outlined on Page 14 of the 21 staff report and asked if that meant the Draft Housing Element would include any revisions 22 the Planning Commission may make at this time, or whether the Commission was being 23 asked to recommend City Council approval of the document submitted to HCD on 24 December 2, 2022.
25 26 Mr. Hanham and Mr. Wery clarified the staff recommendation was to approve the Draft 27 Housing Element as submitted to HCD on December 2, 2022. Any revisions made would 28 restart the HCD review clock and delay the process.
29 30 Commissioner Menis again referenced the staff recommendation as shown on Page 14 31 of the staff report, specifically subparagraph (b) which read: The City Council authorize 32 the City Manager to make technical modifications, refinements, and clarifications 33 (including but not limited to implementation details of the proposed housing plan 34 programs) to the Housing Element Update without requiring a subsequent hearing and re35 adoption; new goals, policies or programs would require re-adoption. He asked if that 36 meant any changes made in the future that would lead to a new goal, policy or program 37 would lead to a new Housing Element or amendment to the Housing Element. 38 39 Mr. Wery clarified that additional programs may be considered outside of the Housing 40 Element as part of future considerations. If the Planning Commission wanted to amend 41 the Draft Housing Element formally to include those things, that would involve a re-review 42 from HCD as described.
43 44 Again referencing the staff recommendation, specifically subparagraph (a) which read:
45 The City Council adopt an Amendment to the General Plan to incorporate the revised draft 46 Housing Element 2023-2031 Update and the CEQA exemption, Commissioner Menis 47 stated the CEQA exemptions as outlined on Page 13 of the staff report had stated no 48 changes were being made to the General Plan whereas, in fact, changes had been 49 proposed to the General Plan as part of the Draft Housing Element. He asked staff to 50 provide clarification.
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1 Assistant City Attorney Mog explained that no changes had been proposed to the land 2 use designations in the General Plan. He clarified the Housing Element would amend the 3 General Plan as an element of the General Plan but was not changing any of the permitted 4 uses in the General Plan. To address the concerns, he suggested the third full whereas 5 clause as shown on Page 2 of Resolution 22-07, and as shown in Attachment A to the 6 staff report, could be amended to read:
7 8 WHEREAS, the Housing Element update qualifies for an exemption in the 9 California Environmental Quality Act (“CEQA”) under CEQA Guidelines Section 10 15061(b)(3), as the project does not provide entitlements to land use development 11 projects, nor does it propose development of the identified RHNA sites that could 12 have an effect on the environment, and no changes to land uses within the City or 13 changes to the City’s General Plan outside of the Housing Element are proposed; 14 15 Assistant City Attorney Mog also detailed Senate Bill (SB) 9 that allowed two units by right, 16 which would also be exempt from CEQA, and if someone submitted an SB 9 application 17 to the City it must be approved.
18 19 Commissioner Banuelos commented on the building of Accessory Dwelling Units (ADUs) 20 where parking had been an issue in the community, particularly in his neighborhood and 21 which had not been taken into account as part of SB 9. While he could accept building on 22 religious institution properties or vacant shopping center sites, he was not okay with over23 densifying existing neighborhoods and was so concerned with the impacts he stated he 24 may vote against this agenda item.
25 26 Assistant City Attorney Mog acknowledged the concerns but again stated that SB 9 was 27 a state law and the City was stuck with it, but the City had some flexibility to adopt 28 regulations related to ADUs.
29 30 The Planning Commission discussed at length concerns related to ADUs, SB 9 and that 31 if the City did not have a certified Housing Element it could be placed at greater risk. 32 33 Assistant City Attorney Mog suggested as the policies, programs and implementation 34 steps came before the Planning Commission that was the time to provide feedback on the 35 specifics.
36 37 Mr. Hanham added no changes were being proposed to densities, intensities or zoning 38 but something could be amended in the future.
39 40 Commissioner Menis again referenced the staff recommendation and his understanding 41 based on the verbiage that the implementation of the Housing Element programs would 42 skip the Planning Commission process, although Assistant City Attorney Mog explained 43 the implementation details had shown how the program would be implemented. As an 44 example, if the City were to adopt a Just Cause Eviction Ordinance, it was an ordinance 45 that would require City Council approval. As another example, the implementation details 46 could include changing the timeline of implementation of a program from three to two 47 years. The actual implementation would still need to go through the appropriate legislative 48 body and any ordinance required City Council approval. 49 1007 of 1216
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Commissioner Menis referenced Page 22 of the Housing Element Update and the 5 1 th 2 Cycle Program for Accessible Units for the Physically Disabled, Program H.4.8 and the 3 Continued Appropriateness recommendation to remove completed reasonable 4 accommodation procedure. He recalled that was due to the accommodations being 5 integrated into the State Building Code the City had recently adopted and he asked staff 6 to provide clarification, and Mr. Hanham explained the requirements for Program H.4.8 7 were in the State Building Code.
8 9 Commissioner Menis referenced Page 17, Housing Construction Program H.4.2, and asked whether there were any 6 10 th Cycle Programs that could be referenced and was 11 informed by Mr. Hanham the program was not tied to anything in particular. 12 13 Commissioner Menis referenced Page 16, Rehabilitation Assistance Program H.2.3, with 14 the Continued Appropriateness to: Retain/Modify. Increase program specificity, language, 15 and metrics, including setting a geographic target for assistance. He asked whether the 16 City had existing metrics and if so whether that information was available to the public. 17 18 Shannon Liska, Planner, MBI explained that the same table had shown the program from the 5 19 th Cycle Housing Element with the new program to go off of the previous metrics and 20 which targeted the number of units.
21 Commissioner Menis asked whether the City had met those goals in the current 5th 22 cycle 23 Housing Element, to which Mr. Wery stated he was unsure but the goals were still good 24 goals that could be retained and carried forward.
25 26 Community Development Director Lilly Whalen stated she would look into whether or not 27 there were any records of existing goals being met.
28 29 Commissioner Menis added the document also mentioned in multiple locations the City’s 30 recently adopted Communication and Engagement Plan. He requested that a hyperlink 31 be included in the digital documents as well as any associated documents. 32 33 Acting Chairperson Kurrent referenced Table 63, Planning Related Fees, as shown on 34 Page 99 of the document, particularly the last entry for Variance, Single Family Variance, 35 and with the fee shown to be incorrect and which should be corrected. 36 37 Mr. Wery explained that was a good example of a technical change that could be made 38 absent a public hearing and that entry would be corrected to read $1,650. 39 40 Contract Planner Justin Shiu reported that Chairperson Moriarty had provided written 41 comments which he read into the record at this time. Chairperson Moriarty had no major 42 issues, was pleased with the additions and inclusion of the Environmental Justice Element 43 language, but noted that Page 8 regarding the new public review period contained 44 repeated sentences in paragraphs two and three. The Chair also appreciated the 45 references throughout the document to the Communication and Engagement Plan, found 46 Table 73, as shown on Page 165 to be helpful but the Appendix A Map was different from 47 the original, and she assumed the update had been reflected in Appendix B since the 48 original map was missing Sites 30 through 44, which apparently did not exist. 49 50 PUBLIC HEARING OPENED
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1 There were no comments from the public.
2 3 PUBLIC HEARING CLOSED
4 5 Acting Chairperson Kurrent recognized there were many issues that needed to be 6 addressed in the future but he wanted the Planning Commission to focus on obtaining 7 HCD approval and focus on the December 2 Draft of the Housing Element as submitted 8 to HCD.
9 10 Commissioner Banuelos stated he was okay with most of the information conceptually, 11 but hoped that tweaking would be allowed in the future. He remained distrustful given the 12 last General Plan and Zoning Ordinance Update ten years ago when the forecast was that 13 Pinole would grow about 5 percent, although the RHNA had suggested the City would 14 grow almost 7 percent leading him to the opinion that the people calculating the RHNA did 15 not know what they were talking about. He noted the City had quit the Association of Bay 16 Area Governments (ABAG) for around a year and a half at that time, with the knowledge 17 the City would lose money from available grants, and his mistrust of the state and the 18 entire system was that the RHNA numbers were bogus. He was aware they had to start 19 somewhere and he would likely vote for the item although he really did not support it. 20 21 Acting Chairperson Kurrent understood the concerns about the ABAG numbers that were 22 shared by many cities.
23 24 Commissioner Banuelos commented that he could support some of the ideas in the 25 document. He recognized that people who had nowhere to go needed help. He cited a 26 former redevelopment project for three small homes on Buena Vista where one of the 27 homes had been purchased by a teacher. He urged caution when moving forward to be 28 careful with what they were doing.
29 30 Commissioner Benzuly was generally okay with the Housing Element as submitted and 31 found that everything looked okay. He understood there was a timing element that 32 required the City to have something approved by January 31, 2023. While not perfect, 33 the City had to have something given the risks and potential exposure. 34 35 Commissioner Menis referenced Exhibit B, Notice of Exemption, and suggested the 36 Applicability of Statutory Exemption Section 15061 (b)(3) of the State CEQA Guidelines, 37 as shown on the CEQA Statutory Exemption 15061 (b)(3) Findings, be amended, with the 38 second to last sentence under this section to be eliminated, and which currently read: No 39 changes to land uses within the City or changes to the City’s General Plan are proposed, 40 since changes were being made to the City’s General Plan. 41 42 Commissioner Menis was pleased with Table 1 and the memorandum included on Page 43 4 in the Housing Element, which had shown the City would have sufficient backup sites to 44 meet the Low Income housing obligations. As to the Place Based Improvements as shown 45 on Page 6, he appreciated flagging the highlighted points in the future Environmental 46 Justice Element, as shown. With respect to Page 11 and the discussion of the Just Cause 47 Eviction Ordinance, he suggested it would be interesting to look at that in the future. 48 49
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1 Commissioner Menis appreciated the note of translation services on the back of the first 2 page, which was important to have prior to the table of contents and he applauded staff 3 for having that information at the beginning of the document. He stated most of his 4 comments had been made at the prior Planning Commission meeting. 5 6 Acting Chairperson Kurrent was hesitant to communicate to HCD there were other 7 potential sites in the City for potential housing development because if they were not 8 developed within two cycles of the Housing Element they would not be eligible for inclusion 9 in the next update. He stated it was good to have the knowledge of those sites in reserve 10 but he would rather not communicate that information to HCD. 11 12 Commissioner Menis understood the point was not to have those sites be included in the 13 sites inventory but if there was an issue with the sites inventory the backup was there. 14 15 Mr. Hanham explained that additional sites had not been mentioned but if needed could 16 be identified as additional sites if a site was undevelopable for one reason or another when 17 the City would have the ability to bring in additional sites. 18 19 Acting Chairperson Kurrent acknowledged that affordable housing had a stigma for many 20 but affordable housing was vital for people in the community, was more like workforce 21 housing, and he understood some cities had been adamant about not allowing affordable 22 housing in their communities. He wished the state would do a better job enforcing the 23 rules for all.
24 25 Acting Chairperson Kurrent suggested that when new Planning Commissioners were 26 appointed to the Planning Commission would be the perfect time to consider the Planning 27 Commission recommendations and consider a Just Cause Eviction Ordinance. Had there 28 been more time, he would have liked to have had those Planning Commission 29 recommendations incorporated into the Housing Element, but given the timeline the City 30 had to meet to have a certified Housing Element made that impossible. 31 32 Commissioner Menis offered a motion to approve the staff recommendation, subject to:
33 34 • Revise the third full whereas clause as shown on Page 2 of Resolution 22-07 to 35 read:
36 37 WHEREAS, the Housing Element update qualifies for an exemption in the 38 California Environmental Quality Act (“CEQA”) under CEQA Guidelines Section 39 15061(b)(3), as the project does not provide entitlements to land use development 40 projects, nor does it propose development of the identified RHNA sites that could 41 have an effect on the environment, and no changes to land uses within the City 42 are proposed; and
43 44 • Exhibit B, Notice of Exemption, Applicability of Statutory Exemption Section 15061 45 (b)(3) of the State CEQA Guidelines, as shown on the California Environmental 46 Quality Act (CEQA) Statutory Exemption 15061 (b)(3) Findings, to be amended, 47 with the second to last sentence under this section to be eliminated and which 48 currently read:
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1 No changes to land uses within the City or changes to the City’s General Plan are 2 proposed since changes were being made to the City’s General Plan. 3 4 On the motion, Commissioner Banuelos asked if the changes proposed were made to the 5 resolution whether the City would be open to requiring more changes. 6 7 Assistant City Attorney Mog suggested nothing was proposed to change the General Plan 8 outside of the Housing Element. As an alternative, he reiterated his recommendation to 9 amend the third full whereas clause as shown on Page 2 of Resolution 22-07, to read:
10 11 WHEREAS, the Housing Element update qualifies for an exemption in the 12 California Environmental Quality Act (“CEQA”) under CEQA Guidelines Section 13 15061(b)(3), as the project does not provide entitlements to land use development 14 projects, nor does it propose development of the identified RHNA sites that could 15 have an effect on the environment, and no changes to land uses within the City or 16 changes to the City’s General Plan outside of the Housing Element are proposed; 17 18 Assistant City Attorney Mog added the City Council may decide to change the General Plan 19 in the future but that would require CEQA review.
20 21 MOTION with a Roll Call vote to adopt Resolution 22-07, A Resolution of the Planning 22 Commission of the City of Pinole, Recommending to the City Council the Approval of General 23 Plan Amendment 22-02 for Adoption of the 2023-2031 Housing Element and Approval of the 24 CEQA Exemption Pursuant to CEQA Guidelines Section 15061(b)(3) for the 2023-2031 25 Housing Element Update, with Exhibit A: 2023-2031 Housing Element and Exhibit B: Notice 26 of Exemption, subject to:
27 28 • Revise the third full whereas clause as shown on Page 2 of Resolution 22-07 to 29 read:
30 31 WHEREAS, the Housing Element update qualifies for an exemption in the 32 California Environmental Quality Act (“CEQA”) under CEQA Guidelines Section 33 15061(b)(3), as the project does not provide entitlements to land use development 34 projects, nor does it propose development of the identified RHNA sites that could 35 have an effect on the environment, and no changes to land uses within the City 36 are proposed; and
37 38 • Exhibit B, Notice of Exemption, Applicability of Statutory Exemption Section 15061 39 (b)(3) of the State CEQA Guidelines, as shown on the California Environmental 40 Quality Act (CEQA) Statutory Exemption 15061 (b)(3) Findings, to be amended, 41 with the second to last sentence under this section to be eliminated and which 42 currently read: No changes to land uses within the City or changes to the City’s 43 General Plan are proposed since changes were being made to the City’s General 44 Plan.
45 46 MOTION: Menis SECONDED: Banuelos APPROVED: 4-0-2
47 ABSENT: Martinez, Moriarty
48 49 Mr. Shiu described the 10-day appeal process of a decision of the Planning Commission 50 in writing to the City Clerk subject to applicable fees. 1011 of 1216
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1 Acting Chairperson Kurrent again expressed his appreciation to the consultants and staff 2 for their work on the Housing Element and urged residents to read the document. 3 4 Commissioner Menis also expressed his gratitude for the work of the consultants and City 5 staff and the feedback from the community.
6 7 F. OLD BUSINESS: None
8 9 G. NEW BUSINESS
10 11 1. Planning Commission Regular Meeting Schedule 2023 12 Reviewing and Adopting the Planning Commission Regular Meeting Schedule 13 dates in 2023
14 15 The Planning Commission reviewed the proposed Planning Commission Regular Meeting 16 Schedule for 2023 and made no changes.
17 18 Mr. Hanham advised that a two-meeting format had been proposed to allow for flexibility 19 of time and any meeting could be canceled, if needed. 20 21 MOTION with a Roll Call vote to adopt the Planning Commission Regular Meeting Schedule 22 Dates for 2023, as shown.
23 24 MOTION: Banuelos SECONDED: Menis APPROVED: 4-0-2
25 ABSENT: Martinez, Moriarty
26 27 H. CITY PLANNER’S / COMMISSIONERS’ REPORT
28 29 Mr. Hanham reported that staff continued to process the Pinole Shores II project; the building 30 on the Doctor’s Hospital site had been demolished; staff was working on the objective 31 standards program and staff would be bringing forward parklet regulations in the New Year. 32 33 Commissioner Benzuly inquired of the status of the Satellite Affordable Housing Associates 34 (SAHA) project, and Mr. Hanham reported the applicant had some funding fallout but had 35 ultimately been able to secure additional funding and staff was reviewing the plan sets with 36 the project to move forward.
37 38 Commissioner Menis referenced an article in the San Francisco Chronicle dated October 30, 39 2022 about rain gardens implemented in the City of San Francisco. He requested a future 40 agenda item to discuss the idea.
41 42 Commissioner Menis also reported he had ex parté communications with Tony Vossbrink 43 who had requested the following as future agenda items: Pinole Community Television 44 (PCTV) to have the public information to access Zoom meetings be identified on the banner 45 for televised meetings for City Council and Planning Commission meetings; asked of the 46 costs to the City incurred by ADUs and tenants/renters if not reported to the City, and asked 47 whether the City had enough code enforcement officers to meet current and future demands, 48 which Commissioner Menis recognized may not necessarily be future agenda items but were 49 items staff should evaluate.
50 1012 of 1216
12 December 12, 2022
1 Mr. Hanham advised the PCTV banner could easily be modified. He would discuss the other 2 matters with the Community Development Director to see what could be done and the 3 Planning Commission would be updated.
4 5 Acting Chairperson Kurrent also commented that the City’s Tree Ordinance was not fully 6 understood by residents and was an area where better enforcement was needed. He 7 suggested that rain gardens may be something the Pinole Garden Club may be interested in 8 considering.
9 10 Commissioner Banuelos asked the status of the Historic Overlay District, and was informed 11 by Assistant City Attorney Mog the City Council had decided not to move forward. 12 13 Commissioner Menis explained that two Council members had to recuse themselves from 14 discussing the item due to the proximity of their residences leaving three Council members 15 to move the item forward, although there had not been three votes to do that and the item 16 died.
17 18 Commissioner Banuelos was disappointed the item had fallen through given the staff time 19 spent to prepare the item.
20 21 In response to Commissioner Menis, Assistant City Attorney Mog acknowledged that if the 22 new City Council wanted to consider the item as a future agenda item and move forward that 23 could be a consideration but at this point the City Council had decided not to move forward. 24 He added if more than three Council members had to recuse themselves on an item, there 25 was a process to bring back a third Council member to achieve a quorum. He confirmed the 26 City Council had heard the concerns about not moving the item forward. 27 28 Acting Chairperson Kurrent commented on the parklet regulations, his understanding few 29 businesses would be affected, and questioned whether the regulations were needed, but Mr. 30 Hanham explained that some existing businesses wanted to retain the parklets on their 31 property. Staff was considering parklet/outdoor dining regulations and maintenance 32 considerations, which would all come back to the Planning Commission at the time the item 33 was presented.
34 35 I. COMMUNICATIONS: None
36 37 J. NEXT MEETING
38 39 The next meeting of the Planning Commission to be a Regular Meeting scheduled for 40 January 9, 2023 at 7:00 p.m.
41 42 K. ADJOURNMENT: 9:20 p.m.
43 44 Transcribed by:
45 46
47 Sherri D. Lewis
48 Transcriber
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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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ATTACHMENT F
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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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November 15, 2022 3

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 1017 of 1216
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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 1021 of 1216
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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 1027 of 1216
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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 1028 of 1216

CITY COUNCIL
REPORT
DATE: JANUARY 17, 2023
TO: HONORABLE MAYOR & CITY COUNCIL
FROM: HEATHER BELL, CITY CLERK
SUBJECT: COUNCIL MEETING FORMAT

RECOMMENDATION
Staff recommends that the City Council direct staff to do the following by minute order:
1) Continue using a hybrid meeting model to enhance public participation and access to City Council meetings
2) Discontinue spaced seating protocol in the Council Chambers for Council Meetings

BACKGROUND
The City Council has been conducting its meetings in a hybrid format since March 15, 2022. The intent of a hybrid model is to allow for the continued safe participation by the public, staff and Council during the COVID-19 pandemic. In a hybrid model, meeting attendees can participate in person or remotely, by teleconference.

The current legislation that provides the authority for local legislative bodies to conduct meetings with remote attendees, is AB 361. The City Council adopted a resolution on October 19, 2021 which authorized virtual, hybrid meetings under AB361 (See Attachment A) and reaffirmed the required conditions every 30 days by adopting a resolution. There are certain requirements that must be met in order to rely on AB361, including existence of a state of emergency.

The CA Governor has announced that the COVID-19 State of Emergency will expire on February 28, 2023, which would in turn, end our ability to utilize AB 361 and hold hybrid virtual meetings.

A new law, AB 2449 has been enacted, as of January 1, 2023 and provides a new alternative to traditional Brown Act Requirements. The details of the requirements are outlined in more detail in the staff report for Item 9D of this agenda packet. 12A
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REVIEW & ANALYSIS
Although the risk of transmission of COVID-19 has improved significantly since the onset of the pandemic nearly three years ago, providing the option of remote participation by the City Council members, under the prescribed guidelines of AB 2449, and continuing a hybrid model for increased public participation would benefit the Pinole community.

Additionally, transmission rates have decreased drastically and County-wide safety protocols related to the COVID-19 pandemic have eased significantly since the implementation of safety protocols in the Council Chambers and hybrid meetings on March 15, 2022.

Staff recommends that Council direct staff to discontinue spaced seating protocol for all attendees and return to the former seating arrangement.

FISCAL IMPACT
None.

ATTACHMENTS
A – Staff Report - October 19, 2021
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CITY COUNCIL
REPORT 8D
DATE: OCTOBER 19, 2021
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: ERIC CASHER, CITY ATTORNEY
SUBJECT: RESOLUTION AUTHORIZING REMOTE TELECONFERENCE
MEETINGS PURSUANT TO AB 361

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing remote teleconference meetings pursuant to AB 361.

BACKGROUND
On March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for the anticipated broader spread of the novel coronavirus disease 2019 (“COVID-19”). On March 18, 2020, the City Manager, acting as Director of Emergency Services, proclaimed a local emergency due to COVID-19 pursuant to California Government Code Section 8630 and Pinole Municipal Code Chapter 2.32. Both the State and local emergency declaration remain in effect.

All meetings of the City Council and the City’s other legislative bodies, such as the Planning Commission, are open and public, as required by the Ralph M. Brown Act (Government Code section 54950 et seq.). Any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business. On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means in order to slow the spread of COVID-19. As a result of Executive Order N-29- 20, staff set up virtual meetings for all City Council meetings and other City legislative bodies. On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, effective September 30, 2021, repealed the provisions of Executive Order N29-20 that allowed local legislative bodies to conduct meetings telephonically or by other means.

DISCUSSION
On September 16, 2021, the Governor signed AB 361 (2021) which allows for local legislative bodies to continue to conduct meetings via teleconferencing under

ATTACHMENT A
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specified conditions and includes a requirement that the City Council make specified findings. AB 361 (2021) took effect immediately. Pursuant to AB 361, legislative bodies are allowed to continue to meet remotely during a declared state of emergency. In addition, remote meetings are only allowed when state or local health officials have imposed or recommended measures to promote social distancing, or when the legislative body finds that meeting in person would present imminent risks to the health or safety of attendees.

In order to continue to hold remote meetings, the City Council must declare every thirty (30) days that either (i) the State of Emergency continues to directly impact the ability of the members to meet safely in person, or (ii) State or local officials continue to impose or recommend measures to promote social distancing. Since issuing Executive Order N-08-21, the highly contagious Delta variant of COVID-19 has emerged, causing an increase in COVID-19 cases throughout the State and Contra Costa County. As a result, the State of Emergency as declared by the Governor and City Council continue in existence. The City Council will consider a resolution confirming the continued existence of the local emergency at the same meeting this resolution is considered.

Health officials continue to recommend measures to slow the spread of COVID-19.

Specifically, the Centers for Disease Control and Prevention (“CDC”) continues to recommend physical distancing of at least 6 feet from others outside of the household.

On August 2, 2021, in response to the Delta variant of COVID-19, the Contra Costa County Health Officer issued an order for nearly all individuals to wear masks when inside public spaces and on September 14, 2021, issued an order requiring operators of specified dining establishments, entertainment venues and fitness facilities to restrict entry based on COVID-19 vaccination status or testing. On September 20, 2021, the Contra Costa County Health Officer issued Recommendations for Safely Holding Public Meetings. This document noted that online meetings (teleconferencing meetings) are strongly recommended as those meetings present the lowest risk of transmission of SARS-CoV-2, the virus that causes COVID-19. COVID-19 would present imminent risks to the health or safety of attendees, including the legislative bodies and staff, should the City’s legislative bodies hold in person meetings.

The proposed resolution includes the necessary findings in order for the City Council, and all of the City’ s other legislative bodies, to continue to hold remote teleconference meetings pursuant to AB 361. Staff is not, at this point, recommending any specific timeframe for moving from teleconference meetings to hybrid in-person meetings, in which a majority of the City Council would participate in person and staff and members of the public could participate in person or remotely. The City has the technological capability to hold hybrid in-person meetings as soon as the City Council determines that it is prudent to transition to that format.

FISCAL IMPACT
There is no direct fiscal impact from the adoption of the resolution. 1032 of 1216
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ATTACHMENTS
A. Resolution Authorizing Remote Teleconference Meetings Pursuant to AB 361 3888343.1
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ATTACHMENT A
1 RESOLUTION NO. 2021-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE
AUTHORIZING REMOTE TELECONFERENCE MEETINGS PURSUANT TO AB 361 WHEREAS, all City of Pinole (“City”) meetings are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for an anticipated broader spread of the novel coronavirus disease 2019 (“COVID-19”); and WHEREAS, on March 18, 2020, the City Manager, acting as Director of Emergency Services, proclaimed a local emergency due to COVID-19 pursuant to California Government Code Section 8630 and Pinole Municipal Code Chapter 2.32, and the City Council has continued to confirm the continued existence of the local emergency; and WHEREAS, On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and
WHEREAS, as a result of Executive Order N-29-20, staff set up virtual meetings for all City Council meetings and meetings of all City legislative bodies, such as the Planning Commission; and
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, effective September 30, 2021, repealed the provisions of Executive Order N-29-20 that allowed local legislative bodies to conduct meetings telephonically or by other means; and WHEREAS, on September 16, 2021, Governor Newsom signed AB 361 (2021) which allows for local legislative bodies and advisory bodies to continue to conduct meetings via teleconferencing under specified conditions and includes a requirement that the City Council make specified findings. AB 361 (2021) took effect immediately; and WHEREAS, in order for legislative bodies to continue to conduct meetings via teleconferencing pursuant to AB 361 (2021), a proclaimed State of Emergency must exist; and WHEREAS, AB 361 (2021) further requires that State or local officials have imposed or recommended measures to promote social distancing, or, requires that the legislative body determines that meeting in person would present imminent risks to the health and safety of attendees; and
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ATTACHMENT A
2 WHEREAS, such conditions now exist in the City of Pinole, specifically, Governor Newsom has declared a State of Emergency due to COVID-19 and the City Council has confirmed the continued existence of the local emergency due to COVID-19; and WHEREAS, since issuing Executive Order N-08-21, the highly contagious Delta variant of COVID-19 has emerged, causing an increase in COVID-19 cases throughout the State and Contra Costa County; and
WHEREAS, on August 2, 2021, in response to the Delta variant of COVID-19, the Contra Costa County Health Officer issued an order for nearly all individuals to wear masks when inside public spaces and on September 14, 2021, issued an order requiring operators of specified dining establishments, entertainment venues and fitness facilities to restrict entry based on COVID-19 vaccination status or testing; and
WHEREAS, the Centers for Disease Control and Prevention (“CDC”) continues to recommend physical distancing of at least six (6) feet from others outside of the household; and WHEREAS, because of the rise in cases due to the Delta variant of COVID-19, the City Council is concerned about the health and safety of all individuals who intend to attend City Council meetings and meetings of the City’s other legislative bodies; and WHEREAS, the City Council desires to provide a way for the Council, staff, and members of the public to participate in meetings remotely, without having to attend meetings in person; and
WHEREAS, the City Council hereby finds that the presence of COVID-19 and the increase of cases due to the Delta variant would present imminent risks to the health or safety of attendees, including the legislative bodies and staff, should the City’s legislative bodies hold in person meetings; and
WHEREAS, the City shall ensure that it’s meetings comply with the provisions required by AB 361 (2021) for holding teleconferenced meetings.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Pinole hereby declares as follows:

1. The above recitals are true and correct, and incorporated into this Resolution.

2. In compliance with AB 361 (2021), and in order to continue to conduct teleconference meetings without complying with the usual teleconference meeting requirements of the Brown Act, the City Council makes the following findings:
a) The City Council has considered the circumstances of the State of Emergency; and
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ATTACHMENT A
3 b) The State of Emergency, as declared by the Governor and the City, continues to directly impact the ability of the City Council and the City’s legislative bodies, as well as staff and members of the public, from meeting safely in person; and
c) The CDC continues to recommend physical distancing of at least six (6) feet due to COVID-19 and as a result of the presence of COVID-19 and the increase of cases due to the Delta variant, meeting in person would present imminent risks to the health or safety of attendees, the legislative bodies and staff.

3. The City Council and all of the City’s other legislative bodies may continue to meet remotely in compliance with AB 361, in order to better ensure the health and safety of the public.

4. The City Council will revisit the need to conduct meetings remotely within thirty (30) days of the adoption of this resolution.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 19th day of October, 2021, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was introduced, passed, and adopted on the 19th day of October, 2021.
____________________________
Heather Iopu, CMC
City Clerk
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CITY COUNCIL
REPORT
DATE: JANUARY 17, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: MARKISHA GUILLORY, FINANCE DIRECTOR
SUBJECT: RECEIVE AND ACCEPT THE ANNUAL COMPREHENSIVE

FINANCIAL REPORT (ACFR) FOR THE FISCAL YEAR (FY) ENDED
JUNE 30, 2022

RECOMMENDATION
Staff recommends that the City Council receive and accept the Annual Comprehensive Financial Report (ACFR) for the fiscal year (FY) ended June 30, 2022.

BACKGROUND
Each year, the City publishes the ACFR, which contains the City of Pinole’s basic financial statements, auditor’s report, and important supplemental information regarding that fiscal year. The ACFR is intended to present the reader with a comprehensive view of the City’s financial position and activities.

The City’s Finance Department is responsible for preparing the ACFR and assumes responsibility for its accuracy, completeness, and fairness. Badawi & Associates Certified Public Accountants, the City’s auditors, audited the basic financial statements included in the ACFR to provide reasonable assurance that the financial statements are free of material misstatement and are fairly presented in accordance with generally accepted accounting principles (GAAP). Badawi & Associates issued an unmodified opinion, the highest possible rating. This means that the financial statements are presented, in all material respects, in accordance with applicable financial reporting guidelines.

Consistent with sound fiscal management practices and prudent public policy, City staff is presenting the ACFR to the City Council. A copy of the ACFR is available for public inspection at City Hall, 2131 Pear Street, and has been posted on the City’s website at:
https://www.ci.pinole.ca.us/city_government/finance/annual_comprehensive_financi al_report.
12B
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City Council Report
January 17, 2023 2

REVIEW AND ANALYSIS
The ACFR (Attachment A) is organized into five sections:
• An introduction, which includes the Transmittal Letter and the Independent Auditor’s Report;
• Management’s Discussion and Analysis (MD&A);
• Basic Financial Statements and Notes;
• Supplemental Information; and
• Statistical Information.

The MD&A section (pages 5-18) of the ACFR presents an overview and analysis of the City’s financial activities for the fiscal year ended June 30, 2022. Staff encourages readers to consider the information presented in this section in conjunction with additional information provided in the Transmittal Letter (pages i-v), the City’s basic financial statements (pages 19-41), and the notes to the financial statements (pages 43-87). Additionally, the ACFR is supplemented by several auditors’ reports on the matters of internal controls, compliance, and governance (Attachments B-F).

Financial Highlights
Following is a summary of financial highlights from the MD&A section of the ACFR for the year ended June 30, 2022.
• The assets and deferred outflows of resources of the City exceeded its liabilities and deferred inflows of resources at the close of FY 2021/22 by $37.7 million; this represents the City’s net position. Of this amount, $34.1 million is restricted for specific purposes (restricted net position), $44.6 million is the net investment in capital assets, and $41.2 million is the unrestricted net position. • The City’s total net position decreased by $5.9 million, a 14% decrease at the close of FY 2021/22 as compared to FY 2020/21. Total net position measures governmental activities which are generally financed through taxes, intergovernmental revenues, and other nonexchange revenues, and businesstype activities which are financed in whole or in part by fees charged to external parties for goods and services. Overall, governmental activities net position decreased by $6.2 million while business-type activities increased by $0.3 million.
• The General Fund balance at the close of FY 2021/22 was $35.3 million, which has various levels of restrictions. The General Fund as presented in the financial statements is comprised of the main General Fund, Measure S 2006 Fund, Measure S 2014 Fund, General Reserve Fund, Equipment Reserve Fund, and Section 115 Trust Fund. Of the $35.3 million fund balance, $9.4 million is unassigned. The unassigned fund balance represents the portion that is not restricted, committed, or assigned for specific purposes. 1038 of 1216
City Council Report
January 17, 2023 3
This ACFR meets all of the requirements to achieve the highest standard in government accounting and financial reporting for an ACFR, the Certificate of Achievement for Excellence in Financial Reporting issued by the Government Finance Officers Association of the United States and Canada (GFOA). The City has received this certificate annually for the last twenty-four consecutive fiscal years, and expects to receive this certificate for the FY 2021/22 ACFR.

FISCAL IMPACT
There is no fiscal impact from receiving the FY 2021/22 ACFR.

ATTACHMENTS
A – City of Pinole Annual Comprehensive Financial Report for the year ended June 30, 2022.

B – Auditors’ Report on Measure S 2006 Agreed-Upon Procedures for the year ended June 30, 2022.

C – Auditors’ Report on Measure S 2014 Agreed-Upon Procedures for the year ended June 30, 2022.
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CITY OF PINOLE, CALIFORNIA
Annual Comprehensive
Financial Report
For the Fiscal Year Ended
June 30, 2022

ATTACHMENT A
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CITY OF PINOLE, CALIFORNIA

ANNUAL COMPREHENSIVE FINANCIAL REPORT
FOR THE YEAR ENDED JUNE 30, 2022

PREPARED BY THE

FINANCE DEPARTMENT
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City of Pinole
Annual Comprehensive Financial Report
Table of Contents
Page

INTRODUCTORY SECTION
Transmittal Letter ....................................................................................................................................................................... i GFOA Award ............................................................................................................................................................................ vi Organization Chart ................................................................................................................................................................. vii Elected Officials and Administrative Personnel ................................................................................................................ viii City of Pinole Map ................................................................................................................................................................... ix

FINANCIAL SECTION
Independent Auditor’s Report ............................................................................................................................................... 1 Management Discussion and Analysis ................................................................................................................................ 5 Basic Financial Statements:

Government – Wide Financial Statements:

Statement of Net Position ............................................................................................................................................ 23 Statement of Activities ................................................................................................................................................. 24 Fund Financial Statements:

Governmental Fund Financial Statements:

Balance Sheet ............................................................................................................................................................. 30 Reconciliation of the Governmental Funds Balance Sheet
to the Government –Wide Statement of Net Position ...................................................................................... 31 Statement of Revenues, Expenditures and Changes
in Fund Balances .................................................................................................................................................... 32 Reconciliation of the Governmental Funds Statement of Revenues, Expenditures, and Changes in Fund Balances to the Government-Wide Statement of Activities .................................................................... 33 Proprietary Fund Financial Statements:

Statement of Fund Net Position .............................................................................................................................. 36 Statement of Revenues, Expenses and Changes in Net Position ........................................................................ 37 Statement of Cash Flows .......................................................................................................................................... 38 Fiduciary Fund Financial Statements:

Statement of Fiduciary Net Position ....................................................................................................................... 40 Statement of Changes in Fiduciary Net Position .................................................................................................. 41 Notes to Basic Financial Statements ................................................................................................................................ 45 1044 of 1216
City of Pinole
Annual Comprehensive Financial Report
Table of Contents, Continued.

Page
FINANCIAL SECTION, Continued
Required Supplemental Information:

Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual:

General Fund .................................................................................................................................................................... 91 Housing Programs Special Revenue Fund ................................................................................................................... 92 Budgetary Control and Budgetary Accounting:

Budgetary Control and Budgetary Accounting ........................................................................................................... 93 Defined Benefit Pension Plan:

Schedule of the City’s Proportionate Share of the Net Pension Liability .................................................................. 94 Schedule of Contributions .............................................................................................................................................. 94 Other Post Employment Benefits (OPEB):

Schedule of the City’s Net OPEB Liability and Related Ratios for the Measurement Periods Ended June 30 ................................................................................................................. 95 Supplemental Information:

Non-Major Governmental Funds:

Combining Balance Sheet ................................................................................................................................................. 98 Combining Statement of Revenues, Expenditures
and Changes in Fund Balances .................................................................................................................................. 102 Schedule of Revenues, Expenditures and Changes in Fund Balances Budget and Actual:

Public Works Capital Project ........................................................................................................................................ 106 Growth Impact Fund ..................................................................................................................................................... 107 Gas Tax Fund .................................................................................................................................................................. 108 Parkland Dedication Fund ............................................................................................................................................ 109 Measure C Fund ............................................................................................................................................................. 110 Storm Water Fund .......................................................................................................................................................... 111 Refuse Management Fund ............................................................................................................................................ 112 Adjudicated Asset Seizure Fund .................................................................................................................................. 113 Police Fund ...................................................................................................................................................................... 114 Cable TV Fund ................................................................................................................................................................ 115 Recreation Fund ............................................................................................................................................................. 116 Building and Planning Fund ........................................................................................................................................ 117 Development Services Fund ......................................................................................................................................... 118 Solid Waste Fund ........................................................................................................................................................... 119 CASP Certification and Training ................................................................................................................................. 120 Rate Stabilization Fund .................................................................................................................................................. 121 American Rescue Plan Act Fund................................................................................................................................... 122 Schedule of General Fund’s Section 115 Pension Fund:

Schedule of Section 115 Pension Fund ........................................................................................................................ 123 1045 of 1216
City of Pinole
Annual Comprehensive Financial Report
Table of Contents, Continued.

Page

STATISTICAL SECTION
Financial Trends:

Net Position by Component ............................................................................................................................................. 128 Changes in Net Position ................................................................................................................................................... 129 General Fund Tax Revenues by Source .......................................................................................................................... 130 Fund Balance - Governmental Funds ............................................................................................................................. 131 Changes in Fund Balance - Governmental Funds ......................................................................................................... 132 Revenue Capacity:

Assessed Value and Estimated Actual Value of Taxable Property ............................................................................. 133 Direct and Overlapping Property Tax Rates .................................................................................................................. 134 Principal Property Taxpayers .......................................................................................................................................... 135 Property Tax Levies and Collections .............................................................................................................................. 136 Taxable Sales by Category ................................................................................................................................................ 137 Direct and Overlapping Sales Tax Rates ........................................................................................................................ 138 Top 25 Sales Tax Producers .............................................................................................................................................. 139 Debt Capacity:

Ratios of Outstanding Debt by Type ............................................................................................................................... 140 Ratios of Net General Bonded Debt Outstanding ......................................................................................................... 141 Direct and Overlapping Governmental Activities Debt ............................................................................................... 142 Computation of Legal Debt Margin ................................................................................................................................ 143 Tax Allocation Bond Coverage ........................................................................................................................................ 144 Economic and Demographic Information:

Demographic and Economic Statistics ............................................................................................................................ 145 Principal Employers .......................................................................................................................................................... 146 Operating Information:

Full-Time Equivalent City Government Employees by Function/Program ............................................................. 147 Operating Indicators and Capital Asset Statistics by Function/Program ................................................................. 148 Capital Asset Statistics by Function/Program .............................................................................................................. 149 1046 of 1216
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CITY OF PINOLE
2131 Pear Street Phone: (510) 724-9833
Pinole, CA 94564 FAX: (510) 724-9826
www.ci.pinole.ca.us
December 30, 2022
Members of the City Council
Residents of the City of Pinole
We are pleased to present the Annual Comprehensive Financial Report (ACFR) of the City of Pinole, California for the fiscal year (FY) ended June 30, 2022.

Introduction
The City issues a complete set of financial statements each year that conform to generally accepted accounting principles (GAAP) and are audited by an independent, certified public accounting firm. To meet this requirement, the City creates the ACFR, which contains the required audited financial statements as well as other useful supplemental information.

The City, not the auditor, is responsible for the content of the ACFR. City management assumes full responsibility for the completeness and reliability of all the information presented in the ACFR.

To protect the government’s assets from loss, theft, or misuse and to compile sufficient reliable information for the preparation of the City’s financial statements in conformity with GAAP, the City has established a comprehensive internal control framework. The City’s framework of internal controls has been designed to provide reasonable, rather than absolute, assurance that the financial statements will be free from material misstatement, because it would be inefficient if the cost of internal controls outweighed their benefits. As management, we assert that, to the best of our knowledge and belief, this financial report is complete and reliable in all material respects.

Badawi and Associates, an independent, certified public accounting firm, has audited the City of Pinole’s financial statements for the fiscal year ended June 30, 2022. The objective of the audit was to provide reasonable assurance that the financial statements of the City are free of material misstatement. The audit involved examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; assessing the accounting principles used and significant estimates made by management; and evaluating overall financial management presentation. Badawi and Associates concluded, based upon the audit, that there was a reasonable basis for rendering an unmodified opinion that the City of Pinole’s financial statements for the year ended June 30, 2022 are fairly presented in conformity with GAAP. Their independent auditor’s report is the first component presented in the Financial section of the ACFR.

Public agencies that receive federal funding above a certain monetary threshold are required to undergo an annual “Single Audit” that incorporates the audit of financial statements mentioned above as well as an auditor’s assessment of the City’s internal controls and compliance with legal requirements, particularly internal controls and compliance regarding administration of federal awards. The Single Audit Report is published as a separate document from the ACFR. A Single Audit Report is required for the City for the fiscal year i
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ended June 30, 2022 because the City’s expenditure of federal funds exceeded the $750,000 threshold for the year.

GAAP requires that the ACFR include a narrative introduction, overview, and analysis of the City’s financial condition, provided by management in the form of the Management’s Discussion and Analysis (MD&A), to accompany the basic financial statements. This letter of transmittal is designed to complement the MD&A and should be read in conjunction with it. The City’s MD&A can be found immediately following the independent auditors report in the Financial section of the ACFR.

Profile of the Government
The City of Pinole was incorporated on June 25, 1903. Pinole is primarily a residential community located in West Contra Costa County, approximately 30 miles northeast of San Francisco and 20 miles north of Oakland along Interstate 80. The City currently has a land area of 5 square miles and a population of 18,628.

The City operates under the Council-Manager form of operation, with five Council Members elected citywide on a non-partisan basis. Council Members are elected to four-year staggered terms with three Council Members alternating election with two Council Members at two-year intervals. Each year, the Council appoints one of its members to serve as Mayor. The Council appoints the City Manager, City Attorney, and City Clerk. Policymaking and legislative authorities are vested in the City Council, which, among other things, passes ordinances, adopts the budget, and appoints committees. The City Manager is responsible for carrying out the policies and ordinances of the City Council, for overseeing the day-to-day operations of the City, and for appointing the department directors.

Pinole is a full-service city, with 132.6 full-time equivalent authorized personnel in FY 2022/23.

The City provides public safety (police and fire), public works (maintenance of streets and facilities), community development (land use and building regulation), recreation programs and parks, wastewater utilities, administration, and fiscal services.

The financial statements included in the ACFR cover the City (the primary government) and its component units if applicable. Component units are legally separate entities for which the primary government is financially accountable. Blended component units, although legally separate entities, are, in substance, part of the City’s operations, and data from these units are combined with data from the City. The City’s component unit, the City of Pinole Joint Powers Financing Authority, is a separate government entity whose purpose is to assist with the financing or refinancing of public capital facilities within the City and is all blended. Discrete component units are reported in a separate column in the basic financial statements to emphasize their separateness from the City. The Successor Agency to the Pinole Redevelopment Agency is not a component unit of the City but is accounted for in a Private Purpose Trust Fund in the Fiduciary Funds segment of the financial report. The former Redevelopment Agency was considered a component unit of the City.

The City’s Economic Condition
Since March 2020, Pinole’s economy has been impacted by COVID-19 and the related Shelter in Place (SIP) orders. The budgetary impact to the City has primarily involved slightly decreased revenues, primarily in the user fee category. While the City experienced a slight decline in sales tax revenue from the initial SIP, the City did not experience a pronounced or prolonged loss of ii
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sales tax due to SIPs. In fact, sales tax rebounded quicker than industry experts initially predicted.

The upward trend was most attributable to the rise in online sales. The long-term trend of the City’s economy is a strengthening local tax base in both retail sales and real property values. The region has a varied manufacturing, industrial, and commercial economic base. The City’s principal businesses are engaged in merchandising and retail sales. The local unemployment rate in 2022 was 3.2%, down from 7.0% in 2021. Contra Costa County, which includes Pinole, had an unemployment rate of 2.9% in 2022, which is less than the state’s average rate of 3.8%.

Real property values continue to rise. The median price of a detached single-family home in Pinole increased by 9% from June 2021 to June 2022.

Long-Term Financial Planning and Major Initiatives
In February 2020, the City Council adopted the City of Pinole Strategic Plan 2020 – 2025. The Strategic Plan expressed the City’s vision, mission, and goals. The Strategic Plan also identified 22 individual strategies (special projects) for staff to complete over a five-year timeframe to position the City to achieve the vision, mission, and goals.

The adoption of the Strategic Plan was momentous. It reaffirmed the City’s commitment to and focus on creating a safe and vibrant community and providing efficient and effective City services.

It will take some time for staff to complete all 22 strategies and for the resulting changes in the community and City services to be fully realized. Despite needing to devote a significant amount of time to COVID-19 during the current fiscal year, City staff has nonetheless been able to make progress on several of the strategies, including strategies to develop a cost allocation plan, conduct a comprehensive user fee study, and update the master fee schedule.

As one of the strategies, the City developed its first Long-Term Financial Plan (LTFP) in 2021.

The LTFP covers a five-year timeframe and identifies the major economic and demographic trends that might impact future demands for City services and future City revenues. It includes a five-year forecast of all City funds based on the City’s current services and revenue sources and assumptions about the future. The LTFP identifies the major challenges and opportunities that the City will likely face over the planning horizon to help make future financial and operational decisions.

The City maintains a Capital Improvement Plan (CIP), which is a multi-year planning tool used to identify and implement the City’s capital needs over the upcoming five-year period. The CIP aligns the capital improvement needs with appropriate funding, scheduling, and implementation. The plan is working blueprint for building and sustaining publicly funded physical infrastructure.

Despite needing to devote a significant amount of time to COVID-19 and advancing the Strategic Plan strategies, City staff was able to implement a limited number of new programs and services during the fiscal year, such as a re-opening plan to resume in-person programs at the Senior Center, Youth Center, and Tiny Tots, expanded park restroom hours, and small business assistance grants.

Following are some major initiatives that were completed in FY 2021/22:
 Implemented the City’s new organizational structure to improve capacity and coordination, based on the organizational assessment. The new structure created separate Community Development and Public Works Departments, as well as a new Community Services Department, which consolidates recreation and various other community-oriented iii
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services. It also created some new departmental divisions and subdivisions to provide a clear home for some important functions, such as economic development and communication and engagement, that did not have a clear home in the former organizational structure.
 Conducted a comprehensive user and regulatory fee study that provided an analysis of the City’s current cost of providing fee-related services, and recommended changes to the various fees to recover costs. The City updated its master fee schedule based on the results of the study and the changes went into effect on September 1, 2022.

Relevant Financial Policies
The annual budget serves as the foundation of the City’s financial planning and control. The budget process begins in February when each department receives a preliminary proposed baseline budget for the upcoming fiscal year. The City Manager and Finance Director meet with each department director to discuss their budget requests and to make adjustments where necessary. The City Council Finance Subcommittee meets in May to review the draft proposed budget for the upcoming year. The City Council then reviews the revised proposed budget and final proposed budget, and then adopts a final budget prior to July 1. The operating budget includes proposed expenditures and the financing sources. Public meetings are conducted in June to obtain public comments. The budget is legally adopted through passage of a Council resolution no later than June 30. A budget review, which includes recommended additions or changes, is presented to the City Council on a quarterly basis. Any changes as a result of these reviews are legally adopted through Council resolution.

The Council exercises budgetary control at the functional department level. Formal budgetary integration is employed as a management control device during the fiscal year for the General Fund, Special Revenue Funds, Capital Project Funds, Enterprise Funds, and Internal Services Funds. The budgeted funds are adopted on a basis consistent with GAAP in the United States.

Expenditures may not legally exceed budgeted appropriations at the fund level. Management does not have the authority to amend the budget without approval of the City Council.

In accordance with its Reserve Policy, the City maintains cash reserves to meet certain anticipated future obligations as well as to ensure that the City maintains adequate financial resources to continue to provide basic municipal services in the event of a significant unanticipated revenue decrease or expenditure increase. The reserves are held in a separate fund referred to as the General Reserve. The General Reserve maintains an amount equivalent to 50% of the City’s annual General Fund ongoing operating expenditures per the Reserve Policy.

Public funds held by the City treasury were invested in accordance with the City’s Investment Policy, which conforms to California Government Code Section 53601. The permitted investments include U.S. treasury notes, bonds, or bills; instruments issued by a U.S. federal agency or a U.S. government sponsored enterprise; negotiable certificates of deposit (with certain restrictions); medium term corporate notes with a rating category of “AA” or better; commercial paper of “prime quality”; bankers acceptances; repurchase agreements not to exceed 30 days; money market mutual funds; and the State of California Local Agency Investment Fund. The objectives of the City’s Investment Policy are to invest up to 100% of temporarily idle funds while maintaining safety, liquidity, and yield. The Investment Policy is reviewed annually.

The City is a member of the Municipal Pooling Authority (MPA). This Joint Powers Authority (JPA) was formed to allow member agencies to pool together to provide cost effective risk management services and programs to member agencies. The MPA provides for general liability, workers iv
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compensation, auto-physical damage, all risk fire and property, including earthquake, and boiler and machinery coverage. The City also purchases some employee benefit coverage through this pool, which includes dental and orthodontic, life and long-term disability coverage.

Awards
The Government Finance Officers Association of the United States and Canada (GFOA) awarded the Certificate of Achievement for Excellence in Financial Reporting to the City of Pinole for its ACFR for the fiscal year ended June 30, 2021. This was the twenty-fourth consecutive year that the City has received the prestigious award. In order to be awarded a Certificate of Achievement, a government must publish an easy to read and efficiently organized comprehensive annual financial report. This report must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year. We believe that our current comprehensive annual financial report continues to meet the Certificate of Achievement Program's requirements and we are submitting it to the GFOA to determine its continued eligibility for a certificate.

Acknowledgements
The preparation of the ACFR was made possible through the dedicated work of the Finance Department staff and with the cooperation of all City departments. Special thanks and acknowledgement are due to Maria Mata, Accountant and Anthony Colden, Accounting Specialist for their commitment and effectiveness in the maintenance of the City’s financial records.

I wish to acknowledge and thank the City Council for its leadership and commitment to ensuring the long-term fiscal health of the City.

Respectfully submitted,
Andrew Murray Markisha Guillory
City Manager Finance Director
v
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Government Finance Officers Association
Certificate of
Achievement
for Excellence
in Financial
Reporting
Presented to
City of Pinole
California
For its Annual Comprehensive
Financial Report
For the Fiscal Year Ended
June 30, 2021
Executive Director/CEO
vi
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Residents of Pinole
City Council City Treasurer
City Clerk City Manager City Attorney
Office of the City
Manager
Administration and ProgramsInformation Technology
Police Fire Finance Human Resources Public Works
Community
Development Community Services
Operations Administration/Engineering Planning AdministrationSupport Services Road Maintenance Building Parks and Recreation Facility Maintenance Code Enforcement AdministrationPark Maintenance Affordable Housing Tiny TotsStorm Water Economic Development Youth CenterWaste Reduction Redevelopment Successor Senior CenterWater Pollution Control Agency Swim Center Plant Tennis Court and
Sewer Collection Memorial Hall
Landscape and Lighting Pinole Community
Assessment District Television (PCTV)
Real Estate and Property
Management
Fleet Management

CITY OF PINOLE

ORGANIZATIONAL CHART
FY 2021/22
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CITY OF PINOLE

ELECTED OFFICIALS AND

DEPARTMENT HEADS
JUNE 30, 2022

ELECTED OFFICIALS
Vincent Salimi Devin Murphy Anthony Tave
Mayor Mayor Pro Tempore Council Member
Maureen Toms Norma Martínez-Rubin Roy Swearingen
Council Member Council Member City Treasurer

DEPARTMENT HEADS
City Manager Andrew Murray
City Attorney (Contract) Eric Casher
City Clerk Heather Bell
Community Development Director Lilly Whalen
Community Services Director Vacant
Finance Director Markisha Guillory
Fire Chief Chris Wynkoop
Human Resources Director Stacy Shell
Police Chief Neil Gang
Public Works Director Sanjay Mishra
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INDEPENDENT AUDITOR’S REPORT
To the Honorable Mayor and Members of the City Council
of the City of Pinole
Pinole, California
Report on the Audit of the Financial Statements
Opinions
We have audited the accompanying financial statements of the governmental activities, the business type activities, each major fund, and the aggregate remaining fund information of the City of Pinole (City), as of and for the year ended June 30, 2022, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements as listed in the table of contents.

In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund and the aggregate remaining fund information of the City as of June 30, 2022, and the respective changes in financial position thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America.

Basis for Opinions
We conducted our audit in accordance with auditing standards generally accepted in the United States of America (GAAS) and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the City of Pinole and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions.

Responsibility of Management for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.

In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the City’s ability to continue as a going concern for twelve months beyond the financial statement date, including any currently known information that may raise substantial doubt shortly thereafter Auditor’s Responsibility for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinions. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore 1058 of 1216
To the Honorable Mayor and Members of the City Council
of the City of Pinole

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Pinole City CouncilJanuary 17, 2023

Pinole City Council
January 17, 2023