1. Applied for Comprehensive Design Review on March 2, 2021.
2. Application and CEQA materials complete on December 15, 2021.
3. Planning Commission hearing held and approval granted April 11, 2022.
4. Permit Issuance:
a. Demolition Permit
i. Demolition Permit Applied June 29, 2022
ii. Demolition Permit Issued September 26, 2022
b. Building Permit
i. Building Permit Applied December 13, 2022
BCRE – 29 unit apartment and commercial/office building addition (557 days from application to approval)
1. Applied for Comprehensive Design Review on October 29, 2020.
2. Application and CEQA materials complete on March 21, 2022.
3. Planning Commission hearing held and approval granted May 9, 2022.
4. Permit Issuance:
a. Grading Permit
i. Grading Permit Applied January 30, 2023
Pinole Vista – 223 unit apartment (540 days from application to approval)
1. Applied for Comprehensive Design Review on April 26, 2021.
2. Application and CEQA materials complete on June 14, 2022. 274 of 565
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3. Planning Commission hearing held July 25, 2022.
a. City Council hearing held and approval granted October 18, 2022.
Single Family
472 Limerick Rd – New single family home (143 days from application to approval)
1. Applied for Comprehensive Design Review on July 10, 2020.
2. Application and CEQA materials complete on October 22, 2020.
3. Planning Commission hearing held and approval granted November 30, 2020
4. Permit Issuance:
a. Building Permit
i. Applied March 15, 2021
ii. Issued April 13, 2022
2511 Ellerhorst St – New single family home (77 days from application to approval)
1. Applied for Comprehensive Design Review on September 10, 2018.
2. Application and CEQA materials complete on October 10, 2018.
3. Planning Commission hearing held and approval granted November 26, 2018.
4. Permit Issuance:
a. Building Permit
i. Applied December 18, 2018
i.ii. Issued October 28, 2019
Positive Feedback on Efficient Permit Process from Developers Pinole has had extraordinarily good housing production in terms of total units as well as excellent production of very low, low and moderate units. In effort to learn from Pinole’s success, the City contacted developers with projects in Pinole to discuss:
• What led them to development in Pinole,
• Why they had not previously been building in Pinole, and • Help identify any constraints to the development process experienced in the permitting process.
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City staff met with locally and regionally active developers and real estate professionals including MRK Partners Inc., SAHA, ROIC, and DeNova Homes, Inc. These developers provided letters expressing very positive reviews of City staff, processes and standards.
Common reasons for developing in Pinole included:
• Attractive zoning
• Relatively affordable land cost
• Availability of land
• Developable parcels with access to transit and services that essential for affordable and efficient housing and helps to obtain funding for affordable housing • Knowledgeable, efficient, and flexible staff
• Short entitlement timeframe
• Comparatively efficient and straightforward design review process, staff support in the application process, and City support for housing opportunities. • Collaborative entitlement process
• Great working relationship with staff
Permit Processing Time
New residential additions and development projects in the City are required to complete the design review process, either by staff-level review or by review with a Planning Commission hearing. Table 64 shows the typical permit processing time for development that is consistent with the City’s General Plan, Zoning Ordinance, and Residential Design Guidelines.
Multifamily projects in the R-3 and R-4 zones and permitted areas within the Three Corridors Specific Plan are subject to Comprehensive Design Review. All single-family subdivisions require tentative and final map approvals. A project that is not consistent with the City’s zoning and land use regulations could require additional approvals, such as a rezoning, General Plan amendment, or a variance when warranted.
The average length of time for discretionary approvals is at least four months for multifamily developments or a single-family subdivision. A General Plan amendment or rezoning could add another 30 to 60 days to the process as each require City Council approval. Large complex projects impose a lengthier review process, largely due to the environmental review process.
Comprehensive design review is generally done concurrently with required environmental review. The required environmental review takes more time than the design review and entitlement processing. The amount of time required to complete environmental review of a project depends greatly on the size, scope, and location of the project, the environmental issues under review, and the extent of public comment received. Program 6 includes 276 of 565
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reviewing and updating as necessary the EIR prepared for the GP and Specific Plan so that individual projects can utilize opportunities for tiering from environmental documentation and streamlining provided under CEQA, where applicable, which can reduce duplicative analyses and streamline environmental review. This will speed up the review/approval process and greatly reduce costs for the applicant.
The City conducted a review of recent development to determine the actual amount of time the entitlement process takes. Though the process varies dependent on environmental review, most large projects have been approved quickly. Of the five projects recently approved, the length of time from application submittal to the completion of the Comprehensive Design Review was approximately 21 weeks, 25 weeks, 26 weeks, 52 weeks, and 78 weeks for an average of 40 weeks. The project that took 78 weeks had to complete significant environmental studies and special studies that added to the length of time of the approval process. These are very quick approval periods for the complex type of projects in comparison to most cities.
All of the reviewed projects were approved in one Planning Commission hearing. The Comprehensive Design Review process was not used to reduce the density, size of units, or number of units for any project. Two recent projects increased in size throughout the review process, with the Pinole Vista projecting increasing from 214 to 223 units and the Hazel Street subdivision increasing from three to four units, including one unit for sale at the moderate income level. As a part of Program 13, the City is developing a set of objective design standards that will provide clarity to the Comprehensive Design Review process and help to speed up the length of the approval process.
Table 64: Typical Permit Processing Time by Project Type Permit Type Length of Approval Approval Body
Building Permit 4–6 weeks Issued by Building
Department
Conditional Use Permit 12-15 weeks Planning Commission
Variance 12-15 weeks Planning Commission
Subdivision/Tentative Tract Map 15–26 weeks Planning Commission Final Tract/Parcel Map 15–26 weeks Planning Commission
Zone Change/Zoning Amendment 15–26 weeks City Council
General Plan Amendment 15–26 weeks City Council
Administrative Design Review 4-8 weeks Community
Development Director
Comprehensive Design Review (Single Family) 12-15 weeks Planning Commission Comprehensive Design Review (Multifamily) 15-52 weeks* Planning Commission Environmental Review 4–52 weeks Varies by Project
*Concurrent with environmental reviews
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Planning, Building, and Development Impact Fees
Housing developments are typically subject to three types of fees: planning-related fees, building permit fees, and development impact fees. The fees are charged by the City and other agencies to cover administrative processing costs associated with development and help ensure the provision of adequate services.
Fees vary based on the type of application necessary for project approvals. The processing fees are passed on in the rent or sales price, so excessive fees may ultimately affect the affordability of housing. It is best practice to periodically conduct user fee studies to ensure the City is recouping the cost of providing services in areas for which fees apply. On June 21, 2022, the Pinole City Council approved modifications and increases to the Building, Planning, Code Enforcement and Public Works user fees. The adoption of new fees was a culmination of a fee study evaluating internal costs necessary to maintain City operations, including provision of services required for processing development applications, and ensuring fees are within a reasonable range with respect to those charged by other jurisdictions. This was the final step in accomplishing a Strategic Plan objective to conduct a comprehensive fee study to ensure cost recovery of current and potential service fees. In conversation with developers, one developer noted the revised fees made it easier to develop larger projects in Pinole and referenced it as a removal of a constraint to large development in the City. The most current fee schedule is available on the City’s website. Planning-related fees for the City of Pinole are shown in Table 65.
On average, fees for a single-family development are comparable to the surrounding jurisdictions in Contra Costa County and represent a reasonable level of fees necessary to retain the quality of development and infrastructure that characterizes the City’s standards.
The average fee is also comparable for multifamily units. Fees may represent a barrier to the construction of housing because they increase the minimum costs of a dwelling unit and are passed onto the purchaser or renter. However, as the City’s fees are not excessive as seen when compared to neighboring jurisdictions, and the City has seen housing production during the 5th Cycle, these development fees do not constitute actual constraints on the production of housing.
Additionally, affordable projects are eligible for fee waivers. This includes projects that comply with the City’s inclusionary housing ordinance. The City streamlines the permitting of ADUs by processing them as a plan check of a building permit and does not require separate planning permits for ADUs; this also results in a significant reduction in the amount of fees and review time required for an ADU.
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Table 65: Planning Related Fees and Regional Fee Comparison Applications Fee
Pinole Hercules San Pablo Richmond
Design Review
Administrative Design Review: Single f
amily residential additions; additions
of less than 500 sf for multifamily and
nonresidential
$725 $437 $2,786 $2,112
Comprehensive Design Review – Small
New singlefamily residence; new multifamily buil
ding with 2 to 4 units; multifamily and
nonresidential additions 500 to 5,000sf
$3,700
Comprehensive Design Review –
Medium
New multifamily building with 5 to 10
units; multifamily and nonresidential a
dditions 5,001 to 10,000sf
$9,941
Comprehensive Design Review – Large
New multifamily building of 10 or mor
e units; new nonresidential buildings;
multifamily
and nonresidential additions greater t
han 10,000sf
$20,000 Dep
osit;
$14,000 Mini
mum Fee
Actual Cost -
Deposit of
$10,500 -
$15,500
Conditional Use Permits (CUP) $5,186 Actual + 20% $4,737 $4,500 Prezoning / Annexation $20,000 Dep
osit;
$14,000 Mini
mum Fee
Rezoning / Zoning Code Amendment (Includes
Map and Text
$9,460 Actual + 20% $8,462 $13,000
Deposit
Minor Development Plan Amendment $430
General Plan Amendment $10,000 Dep
osit;
$7,000 Mini
mum Fee
Actual + 20% $11,847 $13,000
Deposit
Specific Plan Amendment $10,000 Dep
osit;
$7,000 Mini
mum Fee
Subdivision / Tentative Map
Minor Subdivision / Parcel Map (4 Lots
or Less)
$5,000 Depo
sit;
Actual + 20% $6,769 Actual Cost –
Deposit of
$6,500
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Applications Fee
Pinole Hercules San Pablo Richmond
$3,500 Mini
mum Fee
Major Subdivision / Tract Map (5 or Mo
re Lots)
$7,500 Depo
sit;
$5,000 Mini
mum Fee
Actual Cost -
Deposit of
$7,500 -
$18,000
Final Map
Parcel Map $5,000 Depo
sit;
$3,500 Mini
mum Fee
Actual + 20% $11,847 $1,852
Tract Map $7,500 Depo
sit;
$5,000 Mini
mum Fee
$4,169 -
$9,263
Variance
Minor Deviation $660
Single Family Variance $1,650 Actual Cost -
Deposit of
$3,500
Source: City of Pinole
The City of Pinole provides a fee schedule for the development impact fees per use.
Development impact fees add to the cost of residential development. However, they can be a cost-effective mechanism for financing the new infrastructure (e.g., water, sewer, roads) required to support new development. The fees allow for the consolidation of infrastructure projects when it is more cost-effective to do so and, by law, must be linked to the actual impact of the specific project.
The City of Pinole imposes a number of development impact fees, including for public facilities and equipment, wastewater development, parks and recreation development, transportation, police, fire protection, and drainage development. Typically, fees for higherdensity residential are lower than those for lower-density residential. Development fees for the City of Pinole are shown in Table 66, which is also available on the City’s website. As part of Program 14, . Tthe City will be reviewing its development impact fees by the end of 2023 to ensure that new development contributes its fair share of the cost for the provision of services and facilities. Additionally, the City is including a waiver of park impact fee for all affordable units in excess of the City’s 15 percent inclusionary requirement (Program 8). 280 of 565
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Table 66: Development Impact Fees, Per Unit
Fee Type Single Family Multi‐Family
Police $1,148.95 $870.42
Fire Protection $1,468.25 $1,112.31
Public Facilities & Equipment $1,981.29 $1,500.98
Wastewater $4,943.00 $3,707.00
Transportation $414.83 $294.53
Drainage $1,104.82 $66.29
Parks and Recreation $8,013.78 $6,071.05
Total $19,074.92 $13,622.58
Source: City of Pinole (https://www.ci.pinole.ca.us/UserFiles/Servers/Server_10946972/File/Finance/Master%20Fee%20Schedule.pdf) School Fees
In addition to the costs above, the West Contra Costa Unified School District charges development fees. The entirety of Pinole is served by the West Contra Costa Unified School District. As of 2020, the residential development fees for the school district are $4.08 per square foot. The City does not have control over these fees, but the fees have not constrained the development of housing in recent years.
County Transportation Impact Fee
West County Subregional Transportation Mitigation Program (STMP) is managed by the West Contra Costa Transportation Advisory Committee (WCCTAC) to mitigate the heavy regional traffic impacts in the county and includes an impact fee assessed for new development. The City collects the STMP fee on behalf of WCCTAC for new developments, with fees assessed based on the number and type of units. For FY 2022-2023, the STMP fee is $6,458 for a new single family residence and $3,181 for each multifamily residential unit. The City does not have control over these fees, but the fees have not constrained the development of housing in recent years.
Regional Fee Comparison
As shown in Table 65: Planning Related Fees and Regional Fee Comparison the City’s permit and processing fees are comparable to, and typically lower than most of the nearby cities such as San Pablo and Richmond. San Pablo and Hercules are similar in size and character to Pinole. The City of Pinole’s fees are reasonable and not considered a constraint to housing development.
SB 35 Approval Procedure
SB 35 (2017) requires a Streamlined Ministerial Approval Process for developments in jurisdictions that have not made sufficient progress toward their Regional Housing Needs Allocation.
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The City of Pinole has not received any SB 35 applications. Should the City receive an SB 35 application, it will follow the below permitting procedure from the Streamlined Ministerial Approval Process guidelines outlined by the California Department of Housing and Community Development.
• After receiving a notice of intent to submit an application for a Streamlined Ministerial Approval Process, and prior to accepting an application for a Streamlined Ministerial Approval process, the City will complete the tribal consultation process outlined in Government Code Section 65913.4(b).
• The City will perform a determination of consistency with regard to objective zoning, subdivision, and design review standards.
• The City will perform a determination of consistency with density requirements. • The City will complete the design review within the following timeline:
• Within 60 calendar days of submittal of the application to the City if the development contains 150 or fewer housing units.
• Within 90 calendar days of submittal of the application to the City if the development contains more than 150 housing units
• The City will determine whether the applicant for Streamlined Ministerial Approval complies with requirements, and will approve or deny the application, within the following timeline:
• Within 90 calendar days of submittal of the application to the City if the development contains 150 or fewer housing units
• Within 180 calendar days of submittal of the application to the City if the development contains more than 150 housing units.
To assist developers and the City with SB 35 applications, the City will implement Program 13 to help Should the City receive an SB 35 application, the City will facilitate the above process and will support any future applicants and provide information regarding the SB 35 permitting process on the City website.
Housing for Persons with Disabilities
The US Census Bureau defines persons with disabilities as those with a long-lasting physical, mental, or emotional condition. Certain conditions affect a person’s housing choices, whether it creates a need for accessibility, living spaces for caretakers, transit access, or other.
Reasonable Accommodation Procedures
Pinole’s Municipal Code includes specific provisions to facilitate reasonable accommodation for individuals with disabilities. Section 17.12.050 specifies that “in order to make specific housing available to an individual with a disability, a disabled person or representative may request reasonable accommodation relating to the various land use, zoning, or rules, 282 of 565
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policies, practices, and/or procedures of the City.” When a request for reasonable accommodation is filed with the Community Development Director, it will be reviewed and considered as a ministerial action unless determined otherwise by the Community Development Director. A request for reasonable accommodation shall be considered ministerial in nature when it is related to a physical improvement that cannot be constructed to conform to the City's setbacks or design standards. Typical improvements considered to be “ministerial” in nature would include ramps, walls, handrails, or other physical improvements necessary to accommodate a person's disability. The Community Development Director shall issue a written determination of his or her action within 30 days of the date of receipt. If the Community Development Director determines that the request is non-ministerial, he or she will refer it to the Planning Commission, which will hold a public hearing to consider the request.
In making a determination regarding the reasonableness of a requested accommodation, the approving authority must make all of the following findings:
• The housing which is the subject of the request for reasonable accommodation will be used for an individual protected under the Fair Housing Act. • The request for reasonable accommodation is necessary to make specific housing available to an individual protected under the Fair Housing Act. • The requested reasonable accommodation does not impose an undue financial or administrative burden on the City and does not fundamentally alter City zoning, development standards, policies, or procedures.
In addition, the Zoning Ordinance allows for reduced parking requirements for housing for persons with disabilities (Section 17.48.060). With the exception of monitoring compliance with building code requirements, which are also governed by the state, the City has no authority to approve or deny group homes of six or fewer people. The City does not restrict occupancy of unrelated individuals in group homes, and, in permitted zones, permits housing for special needs groups without regard to distances between such uses or the total number of uses in the City.
The City complies with the intent of reasonable accommodation requirements and is not determined a constraint for developing multi-family housing.
Zoning and Land Use Policies
The City of Pinole allows both group residential and residential care facilities as land uses as shown in Table 60. Group residential uses are permitted by right in the LDR, R-1, R-2, R-3, and R-4 zones. They are not allowed in the Rural (R) zone. The group residential use does not have any cap or limit on the number of residents. There is no difference in review or policy for group homes with more than six residents. Program 12 includes a zoning amendment to allow group homes in the R zone as a permitted use by right as is allowed in all other residential zones. There is no CUP or other permit requirement for group homes in 283 of 565
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residential zones; they are permitted in the same manner as other residential uses are in the same zone.
Residential care facilities are a permitted use in every residential zone and mixed-use zone in the City.
With the exception of monitoring compliance with building code requirements, which are also governed by the state, the City has no authority to approve or deny group homes of six or fewer people. The City does not restrict occupancy of unrelated individuals in group homes, and, in permitted zones, permits housing for special needs groups without any required distances between such uses or the total number of uses in the City.
As noted in the supportive housing section, supportive housing is a permitted use in all residential and mixed-use zones in the City.
Program 12 will review standards and definitions for both group homes and residential care facilities to ensure that they are fully compliant with all appropriate state laws and that there are no constraints on group homes in the Zoning Code. This includes a zoning amendment to allow group homes in the R zone as a permitted use by right as is allowed in all other residential zones and adding a definition of group residential to the Zoning Code.
Definition of a Family
The Pinole Municipal Code Section 17.98.020 defines family (household) as “One (1) or more persons, whether or not related by blood, marriage, or adoption, sharing a dwelling unit in a living arrangement usually characterized by sharing living expenses, such as rent or mortgage payments, food costs, and utilities, as well as maintaining a single lease or rental agreement for all members of the household and other similar characteristics indicative of a single household.” This definition is consistent with state law and does not pose a constraint on the development of housing for persons with disabilities.
The definition of households does not require a single lease or rental agreement, rather uses this as an example of one of the characteristics that are indicative of a single household.
However, in order to ensure clarity in the definition of household, as a part of Program 12, the City will review the definition of family and revise as appropriate to ensure that the definition does not require nor imply that it requires a single lease or rental agreement.
California Building Code
The City of Pinole has adopted the 2022 California Building Code, with local amendments.
The modifications and changes were adopted with recommendation by the City of Pinole Building Official. Modifications and changes are reasonable and necessary due to local climactic, geological, or topographical conditions or are otherwise permitted by state law.
Local amendments to the building code can be found in Pinole City Code Chapter 15.04.030 and include changes to definitions, permit issuance conditions, sprinkler system 284 of 565
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requirements, exterior building materials, and slab thickness. Amendments are minor changes, and no modifications pose constraints to development.
The 2022 California Building Standards Code (Cal. Code Regs., Title 24) was published July 1, 2022, and became effective January 1, 2023. Amendments include changes to the California Code of Regulations Title 24, Part 2, Volume 1 of 2 and Part 2, Volume 2 of 2, including the 2019 California Historic Building Code, Title 24, Part 8 and the 2019 California Existing Building Code, Title 24, Part Chapter 10, and all Appendices are adopted by reference.
Specific changes were made sections addressing work exempt from permits, definition for abandoned permits, how permits are issued and to who, information to be include on construction documents, various updates to term definitions, building numbering and lighting, wood burning stove appliances, and restrictions to siding materials in fire hazard severity zones.
Changes to the Building Code which could affect housing production include a new definition for Standard Plans and additional approval requirements. A building official may now approve a set of plans for a building or structure as a "standard plan," provided the applicant has submitted complete sets of plans and paid the plan checking fee. When it is desired to use an approved "standard plan" for an identical structure, three plot plans shall be submitted, and a plan-checking fee equal to one-half of the full plan-checking fee required shall be paid. Such duplicate plans shall be compared, stamped, and kept on the job site. For approval, a Building Official of the City of Pinole is authorized to develop a covered/concealed construction policy for any covered or concealed construction, without prior building inspection, to be opened to ensure compliance with the California Building codes. The policy shall encourage utilization of the least invasive deconstruction methods as possible to document construction methods used, such as photographs, invoices, and structural engineer/architectural engineer reports.
After analysis, changes and amendments made to the California Building Ccode will have a no impact to housing prices or production. If anything, changes made to the code have streamlined processes, made clarifications on definitions, and improved safety while preventing extra time or costs to applicants and the community The City will be adopting the 2022 triennial building code update by the end of 2022.
Code Enforcement
The City’s Code Enforcement staff responds to potential violations of the Pinole Municipal Code. There is one full time and one seasonal code enforcement officer in the City. Code enforcement is both proactive and reactive in the City. Proactive code cases are opened if violations have to do with health, safety, or welfare. Code Enforcement works in tandem with the City’s Building Official to ensure all structures are built with permit and applicable inspections, which ensure health and safety of our constituents 285 of 565
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Most housing-related code cases are building without a permit, outdoor storage (debris, miscellaneous “collections” in the front yard and visible from the public right of way/street/sidewalk), and overgrown vegetation/dead trees posing a hazard.
On- and Off-Site Improvements
The City requires on- and off-site improvements for new developments, which are intended to meet health and safety requirements of the community. On-site improvements that Rresidential developers are responsible for include constructing road, water, sewer, and storm drainage improvements on new housing sites. Property owners are responsible for maintaining landscaping areas and replacing dead trees and vegetation planted as part of the project and parking lot lighting shall be provided to meet requirements of the Lighting Ordinance (PMC 17.46). Site design needs to be able to manage runoff/stormwater on site per standard engineering requirements and projects shall have a connection to the public sewer collection system. Off-site improvements generally include installation of curbs, gutters, and sidewalks for all new development projects.
Additionally, utility undergrounding is generally required in new development areas if feasible and in existing areas where comprehensive redevelopment is proposed. An in-lieu fee may be paid instead for development with less than 500 feet of public frontage or where utilities are located within a dedicated public utility easement. Waivers from undergrounding may be allowed for above-ground meters, transformers, condensers, switches and other related equipment. Waivers from undergrounding may also be granted by the approving authority if the applicant demonstrates the undergrounding requirement has the effect of prohibiting requirement of telecommunication facilities. To assist developers navigate this requirement, Program 3 includes coordination and outreach with PG&E.
Overhead facilities may be installed and maintained for a period of ten days to provide emergency service. Longer terms in cases of unusual circumstances require approval by the Public Works Director to erect, construct, install, maintain, use or operate poles, overhead wires and associated structures.
Chapter 16.20 General Regulations and Design includes standards for local street rights-ofway and curb-to-curb widths, sanitary sewer and storm drainage lines, street lighting, erosion control, landscaping, and easements.
Although it is likely that the costs for the construction of on-site and off-site improvements do have an impact on housing supply and affordability, the requirements are not excessive compared with nearby jurisdictions and are necessary to provide safe transportation access and utility system connections.
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Nongovernmental Constraints
Requests to Develop Below the Anticipated Density
Requests to develop housing at densities below those anticipated in the Housing Element act as a potential constraint to housing development. Table 67 shows the 5th Cycle sites that have or are being developed including the anticipated and actual number of units and anticipated and actual density of the developments. The City received three requests to develop on 5th Cycle RHNA sites. These sites have all been entitled and are discussed in detail in the sites inventory section.
Of the three 5th Cycle sites being developed, two are being developed at much higher densities than anticipated, at 55 and 89.1 dwelling units per acre. The third site being developed is a project on multiple parcels beyond just the parcel identified in the 5th cycle Housing Element. This project is being developed at a density lower than anticipated, 20.9 as opposed to 30.5, but is yielding 43 more units that projected as it includes development of an adjacent parcel. The yields of these projects, in addition to the rest of the approved projects , were considered in determining the realistic yields of the sties inventory for the 6th Cycle.
To understand constraints to development in Pinole, the City interviewed developers who have recent gone through the permitting process. These developers did not identify any development constraints that would preclude them from reaching the maximum density on their projects.
. Over the last housing cycle, the City developed above the densities anticipated for their Cycle 5 Housing Element Opportunity Sites. The projects developed above the anticipated densities are shown in Table 66.
Table 67: 5
th Cycle Sites Developed
Site (APN, Address) Anticipated
# of Units
Actual #
of Units
Anticipated
Density
(du/ac)
Actual/
Proposed
Density (du/ac)
Identified
Site (5th
Cycle)
811 San Pablo Ave (SAHA) 9 33 30 55 Yes
600 Roble (Vista Woods)* 146 179 50 89.1 Yes
2151 Appian Way (Appian
Village)*
113 154 30.5 20.9 Yes
* Cycle 5 Housing Element Opportunity Sites which comprised multiple parcels Land Costs
Land costs have a demonstrable influence on the cost and availability of affordable housing.
Land prices are determined by numerous factors, most important of which are land availability and permitted development densities. As land becomes less available, the price 287 of 565
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of land increases. According to Contra Costa Association of Realtors in 2022 the average sales price for a single-family detached home is $828,110 which is up 6.7% from 2021, however closed sales are down 22% from 2021. The average sales price for a townhouse-condo attached home is $554,909 which is up 22.4% from 2021 with closing sales down 26.7% from 2021.
In Pinole, proximity to the employment centers in Silicon Valley and San Francisco and the scarcity of adequate housing opportunities in western Contra Costa County have influenced upward pressure on land and housing costs.
According to online listings from Zillow.com, in August 2022, there was only one vacant residential parcel listed for sale in the City. This vacant parcel was listed for $1,500,000. The price of land varies depending on a number of factors, including size, location, the number of units allowed on the property, and access to utilities.
Recent vacant land sold is shown by cost and acreage in Table 68; this does not include sale parcel described above. The price for recent land sold ranges from $7.34 to $13.86 per square foot, with an average price of $9.97 per square foot (or $434,293 per acre). The City has little control over land costs.
Table 68: Recent Vacant Lot Sales in Pinole
Acreage Land Cost Cost per sq. ft. Date Sold
0.37 $223,500 $13.86 12/28/21
1.00 $320,000 $7.34 10/07/21
0.79 $300,000 $8.71 05/24/21
Source: Zillow.com, 2022
Construction Costs
Construction costs include the cost of materials and labor. Materials costs include the cost of building materials (wood, cement, asphalt, roofing, pipe, glass, and other interior materials), which vary depending on the type of housing being constructed and amenities provided. In general, construction costs can be lowered by increasing the number of units in a development, until the scale of the project requires a different construction type that commands a higher per square foot cost.
One indicator of construction costs is Building Valuation Data, compiled by the International Code Council (ICC). The unit costs compiled by the ICC include structural, electrical, plumbing, and mechanical work, in addition to interior finish and normal site preparation. The data are national and do not account for regional differences, nor include the price of the land upon which the building is built. The most recent Building Valuation Data, dated August 2022, reports the national average for development costs per square foot for apartments and single-family homes as follows:
• R-2 Residential Multifamily: $153 to $227.64 per square foot 288 of 565
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• R-3 Residential One- and Two-Family Dwelling: $166.08 to $212 per square foot • R-4 Residential Care/Assisted Living Facilities: $193.49 to $269.11 per square foot California building costs tend to be higher than national levels. A 2020 study by the Berkeley Terner Center noted that construction costs in the state are highest in the Bay Area, and reached more than $380 per square foot in 2018.17
Pinole uses both the ICC and RSMeans construction valuation software as a resource for valuations. Pinole area construction cost uses a cost multiplier/index multiplier of 1.2%.
Financing Availability
Interest rates affect homeownership opportunities throughout the City. In August 2022, Freddie Mac’s primary mortgage market survey listed interest rates on home loans at 5.13 percent on a 30-year fixed-loan rate. While low interest rates are expected to prolong the availability of financing, low housing inventory can create competition among potential homebuyers, especially for first-time homebuyers. The sales price of housing is typically adjusted for changes in mortgage rates.
Table 69 displays the number of loan applications received in 2020 for the purpose of purchasing a home in the Oakland-Berkeley-Livermore metropolitan statistical area, which includes the City of Pinole. Specifically, the table provides the number of total applicants, the number of originated applications, the number of applications that were approved but not accepted, and the number of applications denied across various types of loans.
Table 69: Disposition of Home Loans, 2020
Loan Type Total
Applicants
Originated Approved Not
Accepted
Denied Withdrawn /
Other
Conventional
Purchase
42,938 26,224 1,192 3,120 12,402
Government
Backed
Purchase
7,847 4,111 242 598 2,896
Home
Improvement
8,775 4,487 281 1,796 2,211
Refinance 74,951 37,535 2,136 11,064 24,216
Total 134,511 72,357 3,851 16,578 41,725
Source: lendingpatternslite.com, 2020
17 Terner Center for Housing Innovation. The Hard Costs of Construction: Recent Trends in Labor and Materials Costs for Apartment Buildings in California. March 2020. https://ternercenter.berkeley.edu/wpcontent/uploads/2020/08/Hard_Construction_Costs_March_2020.pdf 289 of 565
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Federal and State Programs
The City participates with Contra Costa County as part of the Urban County Program for federal Community Development Block Grant (CDBG) and HOME funds. The CDBG program, sponsored by the US Department of Housing and Urban Development (HUD), is a primary source of funds for the county's community development and housing programs. As an eligible Urban County, as defined by HUD, Contra Costa County receives funds annually to carry out CDBG eligible activities. The county directs these funds to housing, economic development, infrastructure improvements, public facilities, and public service projects designed to meet the needs of very low- and low-income persons. The City can also apply directly to the county for CDBG and HOME funds for specific projects.
Environmental and Infrastructure Constraints
Environmental hazards affecting housing units include geologic and seismic conditions, soil conditions, flood risk, vegetation and wildlife habitat, toxic and hazardous waste, fire hazards, noise levels, and preservation of agricultural lands. Potential environmental constraints in Pinole include seismic hazards, flooding, and fire hazards. Infrastructure constraints include the availability and cost of water and sewer services. The following hazards may impact future development of residential units in the City and can pose a potential constraint to housing development.
Environmental Constraints
Seismic Hazards
Pinole is located approximately 1.5–3.9 miles northeast of the Hayward fault and the Rodgers Creek/Healdsburg fault zone underneath San Pablo Bay and is also located about 18 to 20 miles northeast of the San Andreas fault zone. The Green Valley-Concord fault trend is located approximately 12 miles east of Pinole. Though the San Andreas fault system, which forms the boundary between the North American and Pacific plates, is the principal source 290 of 565
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of earthquakes in California, given its proximity to Pinole, the Hayward fault poses the greatest seismic threat to the City.
Flooding
The City of Pinole is located in a low flood zone. During heavy rain events and high tides, certain areas of the City may experience some flooding.
The FEMA National Flood Hazard Map has identified areas in Pinole that are subject to flooding, which are almost entirely located at the San Pablo Bay shoreline and along Pinole Creek- the two surface water features in the City. Coastal flooding of San Pablo Bay would potentially inundate areas along the northern coast of the City. Flood hazard zones have been mapped by FEMA that would result in the event of significant storm events. The flood hazard zone associated with San Pablo Bay would only affect the bay coastline area of the City and would not impact developments in the City. The flood zone is categorized as a FEMA 100-year flood hazard zone with a 1 percent annual chance of flooding.
Figure 14: Geological Hazards
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Flood zones associated with Pinole Creek are primarily near San Pablo Bay in the northern area of the creek. The flood zone is categorized as a FEMA 500-year flood hazard zone with a 0.2 percent annual chance of flooding, which results from an extraordinary storm event.
Flooding in this area is also unlikely and would not significantly impact critical infrastructure or notable areas within the City. The FEMA flood zones in the City are depicted in Figure 15.
Fire
The Very High Fire Hazard Severity Zone (VHFHSZ) in Pinole is shown in Figure 16 and is located along the southwestern border of the City. Additionally, moderate fire severity areas are located directly south of the City’s southern border.
Figure 15: FEMA Flood Zones
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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).
Water and Sewer Infrastructure
Provision of adequate water and sewer do not constitute a constraint on development in the City.
Figure 16: Fire Hazard Severity Zones
Source: CalFire FRAP
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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
The City made a comprehensive effort to reach lower- and moderate-income individuals to participate in the Housing Element Update. As noted above, the City develop a multi-lingual outreach campaign, contacted a variety of local organizations including advocacy groups and the fair housing service provider, local service providers, and community centered organizations. Postcards were sent to every household in the City inviting them to participate in the Housing Element update process. The City will continue efforts to develop culturally competent outreach programs to connect residents to anti-displacement programs an affordable housing resources with the implementation of Program 20, Program 21, Program
22. 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.
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▪ 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.
▪ 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 299 of 565
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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 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 17 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.
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Figure 17: Census Tracts and RHNA Sites
Source: HCD AFFH Data Viewer
Nine of the twelve census tracts that intersect Pinole have the majority of their area located outside city limits. Three census tracts make up the majority of the land area of the City, as noted in Table 70. There are not large discrepancies between the majority Pinole tracts, despite the composite scores denoting a split between Low and Moderate Opportunity. Of the three main tracts in the city, the environmental opportunity scores of the northern tract that shows a lower score has an index of 0.46, which is only slightly below the 0.50 threshold for the next highest range. Similarly, the economic scores of the three primary tracts range from 0.21 to 0.26, showing little variation despite the category break at 0.25 demonstrating that there are less economic discrepancies than the maps suggest. While the composite scores are not enumerated, these slight variations in the individual component scores suggest that there is likely little variation in overall composite scores, as the Low opportunity areas are likely very close to the Moderate Resource category.
The median incomes of the tracts that make up the majority of the City, thus also being the tracts where the majority of sites are located, cover a relatively small range, between about 301 of 565
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$66,000 and $86,000. Similarly, there is little discrepancy between these tracts in percent of the population that is non-white, as there is little discrepancy in these population demographics as well, with a range generally between 60 and 74 percent.
When evaluating the City for segregation, the City has a moderate dissimilarity index of 31.86, which is just above the threshold of 30.0 for low segregation. Segregation at the City level is much lower than 47.32 index for Contra Costa County as a whole.
With little discrepancy between the fair housing considerations in the primary tracts in Pinole, it is unlikely that the location of the RHNA sites will exacerbate any conditions.
Additionally, there are enough entitled, deed-restricted low-income units to fully meet the low-income RHNA and have a surplus. There are also enough entitled units to fully meet the above moderate-income RHNA and have a surplus. In addition, there are 49 pending very low units and 62 pending moderate units. The pending development beyond development already entitled in the City show a lack of development patterns that exacerbate fair housing conditions.
The eastern portion of Pinole, Tract 3592.02 has lands with steep slopes. There is limited opportunity for significant development in these areas and are not likely to redevelop in the next eight years. Due to the low density development in these areas due to environmental constraints, these low density neighborhoods correlate with slightly higher household income, and a Moderate Opportunity designation, despite there being limited access to transit, employment and services. The City is including Program 4, Program 5, and Program 23 to facilitate and encourage increased access to these areas via ADU and SB 9 development in these neighborhoods.
The majority of RHNA sites are located along the mixed use corridors, where there is greater access to transit employment and services. The City is including Program 19, a place-based improvement program to ensure that the RHNA sites will improve access to resources throughout the City.
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Table 70: Comparison of Fair Housing with Respect to Location Tract RHNA
Units*
TCAC
Composite
Category
Median
Household
Income
Total
Households
% of Population
with a Disability
% of
Children in
FHH
Total
Population
CalEnviroScreen
Percentile
% NonWhite
Census Tracts Mostly Inside of Pinole
3591.02 263 Low Resource $66,897 1,849 13.6% 27.6% 5,159 40.5 74.0% 3591.03 169 Low Resource $74,125 1,957 11.4% 28.4% 5,051 48.6 62.6% 3592.02 43 Moderate
Resource $86,086 2,207 17.1% 18.5% 6,148 19.5 60.0%
Census Tracts Mostly Outside of Pinole
3591.04 0
Moderate
Resource $72,569 849 12.4% 36.2% 1,932 33.1 82.3%
3591.05 0
Moderate
Resource $117,885 1,510 7.6% 8.2% 4,542 25.4 84.8%
3592.04 0
Moderate
Resource $117,986 1,525 10.7% 11.1% 4,702 22.0 83.4%
3601.01 28 Low Resource $85,859 1,577 17.1% 6.8% 4,576 37.0 62.6% 3601.02 0
Moderate
Resource $110,395 1,526 12.0% 8.9% 4,326 5.2 61.4%
3630.00 248 Low Resource $66,705 2,664 16.4% 15.6% 7,043 41.2 67.2% 3640.02 2 Low Resource $57,726 1,829 10.6% 25.1% 5,518 68.4 77.4% 3650.03 0 Low Resource $65,938 2,170 14.4% 19.3% 4,924 52.0 82.2% 3922.00 0 Low Resource $73,814 3,173 13.7% 22.8% 10,605 86.4 83.5% *Includes entitled projects
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Fair Housing Enforcement and Outreach Capacity
Fair housing enforcement and outreach capacity refers to the ability of a locality and fair housing entities to disseminate information related to fair housing laws and rights and provide outreach and education to community members. Enforcement and outreach capacity also includes the ability to address compliance with fair housing laws, such as investigating complaints, obtaining remedies, and engaging in fair housing testing.
In Contra Costa County, local housing, social services, and legal service organizations include the Fair Housing Advocates of Northern California (FHANC), Eden Council for Hope and Opportunity (ECHO) Fair Housing, and Bay Area Legal Aid.
The Ddepartment of Housing and Urban Development’s Office of Fair Housing and Equal Opportunity (HUD FHEO) enforces fair housing by investigating complaints of housing discrimination. Table 71 shows the number of FHEO filed cases in Contra Costa County between 2015 and 2020. A total of 148 cases were filed between 2015 and June 30, 2020, with disability having the highest number of allegation basis followed by racial discrimination and familial status.
Table 71: FHEO Cases in Contra Costa County, 2015-2020
Year Number of
Field Cases
Disability Race National
Origin
Sex Familial
Status
2015 28 17 4 2 2 4
2016 30 14 8 7 5 6
2017 20 12 3 5 1 5
2018 31 20 6 3 4 9
2019 32 27 4 4 4 1
2020 7 4 1 0 2 1
Total 148 94 26 21 18 26
Source: Department of Housing and Urban Development Office of Fair Housing and Equal Opportunity 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 304 of 565
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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.
The Office of Fair Housing and Equal Opportunity (FHEO) received 11 fair housing inquiries between 2013 and 2021. Three of the inquiries were regarding disability discrimination, one was regarding national origin, and the remaining were found to have no identity-related basis. Seven of the cases were found to have no basis or valid issue, and the remaining were not pursued.
In Pinole, three inquiries were made to ECHO regarding fair housing between 2016-2020.
The nature of the first allegation in 2017 was on fair housing discrimination on the basis of racial discrimination. ECHO provided counseling to the client and landlord. The second and fourth inquiry occurred in 2020 and was also on the basis of racial discrimination. Testers from ECHO were sent for investigation but found insufficient evidence to move forward on all three inquiries.
According to the Pinole Housing Element Update survey 39 percent of respondents were not concerned with housing segregation and discrimination with the next highest respondent rate at 19 percent who were somewhat concerned with housing segregation and discrimination.
In addition to the efforts of the above nonprofit groups, Contra Costa County enacted an eviction and rent increase moratorium on April 21, 2020. The eviction moratorium for certain residential tenants and a moratorium on certain residential rent increases ended on September 30, 20212021, 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.
The City of Pinole adheres to all state and federal fair housing laws and is committed to continuing to do so.
Integration and Segregation
Race and Ethnicity
Figure 18 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 305 of 565
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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. The Contra Costa County Analysis of Impediments to Fair Housing Choice notes that since 1990 segregation for African Americans has decreased and segregation levels for Hispanics and Asians and Pacific islanders have increased in the County and Region.
Figure 18: Racial and Ethnic Majority, 2010
Source: HCD AFFH Data Viewer
Figure 19 shows the percent of the population in each block group that is non-White. As shown in Figure 19, 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 306 of 565
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non-White population is comparable between the City and the region as a whole, with a slightly higher proportion in Pinole.
Figure 19: Percent non-White, 2018 and RHNA Sites
Source: HCD AFFH Data Viewer
Figure 20 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. 307 of 565
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Figure 20: 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 21 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%
10%
20%
30%
40%
50%
60%
70%
80%
40-60 60-80 80-100
Percent of RHNA Units
Percent of Population that is Non-White by Block Group
Lower Moderate Above Moderate
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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 21: 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 22, and in comparison with Figure 19 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.
0 10
20 30
40 50
60 70
Non-White/White Black/White Hispanic/White Asian/White
Pinole Contra Costa County San Francisco-Oakland-Hayward Region 309 of 565
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Figure 22: 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.
Additionally, conversations with affordable and market rate developers noted that the availability of vacant and underutilized land along these corridors was a factor in what led to developing in Pinole. Affordable housing developers referenced the increased availability of funding for projects in these corridors as they ranked higher for competitive funding sources.
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. The eastern portion of Pinole with lower percentages of a low-moderate income population are characterized by constrained lands with steep sloped and open spaces. The developable portions have been recently developed and are therefore among the most expensive in the City. There is limited opportunity for significant development in these areas and are not likely to redevelop in the 310 of 565
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next eight years. Due to the relatively new homes and low density development in these areas due to environmental constraints, these low density neighborhoods correlate with higher household income. Additionally, there is limited access to transit, employment and services. The City is including Program 4, Program 5, and Program 23 to facilitate and encourage ADU and SB 9 development in these neighborhoods.
The majority of RHNA sites are located along the mixed use corridors, where there is currently a more predominant low to moderate income population, as shown in Figure 23.
The City is including Program 19, a place-based improvement program to ensure that the RHNA sites will improve access to resources throughout the City. RHNA sites selected are those that are most likely to develop in the next eight years, have access to infrastructure, transit, employment, and services.
Figure 23: Low to Moderate Income Population Comparison of RHNA Units Figure 24 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 24, 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 24: Poverty Status, 2010-2014 and 2015-2019
Source: HCD AFFH Data Viewer
Figure 25 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 25: Housing Choice Vouchers, 2010
Source: HCD AFFH Data Viewer
Familial Status
Figure 26 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 27, 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 26: Children in Female-Headed Households and RHNA Sites, 2015-2019 Source: HCD AFFH Data Viewer
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Figure 27: Female-Headed Households comparison of RHNA Units Figure 28 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 28: Children in Married Couple Households, 2015-2019 Source: HCD AFFH Data Viewer
Persons with Disabilities
The US Census Bureau provides information on the number of persons with disabilities of varying types and degrees. According to the US Census Bureau, a person is considered to have a disability if they have difficulty performing certain functions or difficulty with certain social roles. Affordability of appropriate housing and access, both within the home and to/from the home site, are the primary challenges for persons with disabilities. Access often requires specially designed dwelling units. Additionally, housing locations near public facilities and public transit are important for this special needs group. In 2019, it was estimated by the Census that 14 percent of the population in Pinole, 11 percent in Contra Costa County, and 10 percent in the Bay Area region have a disability. Types of disabilities included in the Census are:
• Hearing difficulty: deaf or has serious difficulty hearing • Vision difficulty: blind or has serious difficulty seeing even with glasses 316 of 565
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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 29 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 29: Disability Characteristics, 2019
Figure 30 shows that the disabled population is evenly distributed throughout Pinole. There are no significant changes in location or concentration of those with a disability between 2010-2014 and 2015-2019. There is no area of the City with an extreme concentration of 8%
7%
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difficulty
Proportion of Population with a Disability by Type
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persons with disabilities. The sites are not expected to cause fair housing concerns as they relate to residents with a disability.
Figure 30: Population with a Disability, 2010-2014 and 2015-2019 Source: HCD AFFH Data Viewer
Regional Comparison
Pinole is a racially integrated City and comparisons to the region reflect this. According to a 2018 study on racial segregation in the San Francisco Bay Area, “Pinole is the most integrated city in Contra Costa County, with a population that is 35 percent white, 26 percent Latino, 22 percent Asian, and 8 percent Black.”18 The updated findings using 2020 census data identified Pinole as one of the six “racially integrated” cities in the Bay Area.19 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 City is racially integrated when compared to the region. There are no significant disparities in access to amenities, conditions 18 Racial Segregation in the San Francisco Bay Area, Part 1. https://belonging.berkeley.edu/racialsegregation-san-francisco-bay-area-part-1 19 The Most Segregated Cities and Neighborhoods in the San Francisco Bay Area. https://belon ging.berkeley.edu/most-segregated-cities-bay-area-2020
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or infrastructure between neighborhoods or based on protected status. This includes equal access to parks, streetscapes, schools, safe routes, infrastructure, community amenities, housing conditions, and general neighborhood conditions. Pinole is a small city that has and continues to make consistent investment in all neighborhoods. Pinole is a small and diverse City that does not have significant variation in access to amenities. Based on windshield surveys and code compliance cases, there does not appear to be a difference in quality of housing in neighborhoods throughout the City; there is no geographic pattern. The City is in the process of moving to an electronic permitting system. This new system will include the ability to spatially review code compliance cases and development permits.
The proposed and entitled RHNA sites are relatively distributed throughout the City and are not anticipated to exacerbate any fair housing concerns.
Racially and Ethnically Concentrated Areas of Poverty and Affluence Racially and Ethnically Concentrated Area of Poverty
HUD defines Racially and Ethnically Concentrated Areas of Poverty (R/ECAP) as areas where the percentage of the population that is non-White is over 50 percent and the percentage of households with incomes below the poverty line is over 40 percent. Alternatively, a neighborhood can be a R/ECAP if it has a poverty rate that exceeds 40 percent or is three or more times the average tract poverty rate for the metropolitan/micropolitan area, whichever threshold is lower.
There are no R/ECAPs in Pinole or in the nearby vicinity, as seen in Figure 31. Additionally, there are no areas of high segregation and poverty, as identified by the California Tax Credit 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.
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Figure 31: 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 32. 320 of 565
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Figure 32: RCAAs Vicinity, 2015-2019
Source: HCD AFFH Data Viewer
Disparities in Access to Opportunities
California Tax Credit Allocation Committee (TCAC)
One tool that can be used to analyze disparities in access to opportunities is the Tax Credit Allocation Committee (TCAC) Opportunity Area resource designations. These were prepared by a task force commissioned by TCAC and HCD to identify areas statewide whose economic, educational, and environmental characteristics support positive outcomes for low-income families. The map is updated annually. Opportunity maps are made for three domains:
economic, environmental, and education. Each map uses a number of indicators to determine its individual score. A composite score and resource designation combining all three designations is then assigned to each block group.
To determine final resource designation, the top 20 percent of overall scores in the economic, environmental, and education categories in a county are labeled as highest resource and the next 20 percent of scores are labeled as high resource. Then, any areas 321 of 565
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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 33. 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 33: 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 average20. As shown in Figure 34, 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.
20 Great Schools, West Contra Costa Unified School District Summary. https://www.greatschools.org/california/richmond/west-contra-costaunified-school-district/ 323 of 565
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Figure 34: 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 35, 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 35: 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
36. 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 6, Program 8, and Program 10 respectively. The City will also include Program 15 permit streamlining and Program 17 acquisition/rehabilitation of blighted or distressed properties to further encourage development in low resource areas. 325 of 565
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Figure 36: TCAC Composite Score
Source: HCD AFFH Data Viewer
Figure 37 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. There are not large discrepancies between the tracts, despite the composite scores denoting a split between Low and Moderate opportunity areas. As described earlier, the individual scores, and it is likely the overall composite scores are very close to each other but just on either side of the category threshold. Of the three main tracts in the city, the environmental opportunity scores of the northern tract that shows a lower score has an index of 0.46, which is only slightly below the
0.5 threshold of the range above. The eastern tract has an index of 0.76 which is only slightly above the 0.75 threshold of the range below. Although the map makes this appear as a large discrepancy in environmental opportunity, the scores are essentially in the same range of 326 of 565
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opportunity (0.5 – 0.75). Similarly, the economic scores of the three primary tracts range from
0.21 to 0.26 (vs the 0.25 threshold), showing little variation despite the discrepancy showed by the ranges displayed in the HCD AFFH map.
Figure 37: TCAC Designation Comparison of RHNA Units
Transportation
Access to adequate transportation and a variety of transit options can help illustrate disparities in access to opportunities. WestCAT is a transit service of the Western Contra Costa Transit Authority, which provides local transit service coverage in western Contra Costa County. It also provides express services to regional transit hubs and stations such as the Salesforce Transit Center in San Francisco and the El Cerrito Del Norte BART Station. WestCAT also offers free dial-a-ride programs for elderly and disabled residents. Both public transportation and Interstate 80 provide access from Pinole to west Contra Costa County and the rest of the Bay Area.
The City also has a few multiuse bike paths, providing safer, nonmotorized transportation options within the City. There is a bike path along Pinole Creek which bisects San Pablo Avenue, one of the major thoroughfares, but does not extend east of Interstate 80. The trail connects to the regional San Francisco Bay Trail, which contains existing portions within City limits.
The Richmond Parkway Transit Center and the Hercules Transit Center are transit and commuter hubs in surrounding communities. The Richmond Parkway Transit Center is located on the west side of the I-80 and Richmond Parkway interchange, just west of the western City limits. The Hercules Transit Center is located less than one and one half miles east of the eastern City limits from San Pablo Avenue. WestCAT operates bus routes that connect to these centers.
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Low Resource Moderate Resource
Percent of RHNA Units
TCAC Composite Category by Tract
Lower Moderate Above Moderate
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Figure 38: 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 39, 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 39: CES Percentile and RHNA Sites
Source: HCD AFFH Data Viewer
Figure 40 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. 329 of 565
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Figure 40: CalEnviroScreen Percentile Comparison of RHNA Units Local Weatherization Efforts
Contra Costa County participated in BayREN, which is 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. There are multiple programs that encourage and incentivize households to make energy efficient upgrades to their homes.
Between 2015 and 2022, twenty five households participated in the weatherization program in the City. The geographic distribution of households participating by census tract is shown in below. As mentioned previously, the majority of the population of Pinole is in three census tracts, and these are the tree tracts that have seen participation in BeyREN programs. These As a part of Program 19: Place-Based Improvements, the City is working with Contra Costa County 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. These areas have had less participation in the existing BayREN programs, so the City will focus outreach and education in these areas first.
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Percent of RHNA Units
CalEnviroScreen Percentile by Tract
Lower Moderate Above Moderate
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Figure 41: BayREN Weatherization Participation by Census Tract, 2015-2022 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.
Although a majority of the RHNA sites are located in low resource areas they are also located along corridors identified in the Three Corridors Specific Plan as areas of investment and growth in Pinole. Along with the Three Corridors Specific Plan there are concurrent capital improvement projects along these corridors to improve safety and access to community amenities and transit including, complete streets and pedestrian infrastructure improvements.
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Additionally, conversations with developers noted that the availability of vacant and underutilized land along these corridors was a factor in what led to developing in Pinole.
Developers referenced the increased availability of funding along these corridors.
The City is including programs to ensure that the RHNA site selection will improve access to resources and amenities in lower-resource areas. This includes Program 19 place-based improvements, Program 21 displacement prevention, and affordable and senior housing incentives with Program 8 and Program 10 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 15 to incentivize mixed-used development, Program 15 streamline the permit process, and target ADU education with Program 23.
Disproportionate Housing Needs
Substandard Housing
Disproportionate housing needs are determined by comparing substandard housing or housing problems to tenure, race, household size, or household age. A household is considered substandard or to have a housing problem if it has one or more of the four following housing problems:
▪ Housing unit lacks complete kitchen facilities
▪ Housing unit lacks complete plumbing facilities
▪ Housing unit is overcrowded
▪ Household is cost burdened
A large household is a household with three or more children, but it is also often calculated as a household with five or more people, as it is for the charts below. An elderly household is calculated as any household with a person over 62 years of age. Large and elderly households are often more likely to experience housing problems.
Renters experience housing problems at a higher rate than owners across all ethnicities.
Black owners and large household owners experience housing problems at the highest rate among housing owners. Hispanic renters experience housing problems at the highest rate overall at around 69 percent. Black renters experience housing problems at the next highest rate at 53 percent, followed by 52 percent of White and 46 percent Asian renters. Rates of housing problems for the Hispanic population are relatively comparable between the City and the County, with 31 and 40 percent between the City and County respectively, and 69 and 64 percent of Hispanic renters in the City and County, respectively, experience housing problems. In 2018, there were no Native American or Pacific Islander populations in the City, which indicates why Figure 42 reads that 0 percent of that population experiences housing problems.
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Figure 42: Housing Problems by Tenure and Race/Elderly/Housing Size Cost burden is when a household spends more than 30 percent of its monthly income on housing costs like rent, mortgage, or utilities. Large households have more costs to support more people and may experience cost burden or a lack of excess funds to amend housing problems. Elderly households may be on a fixed income, which may constrain the ability to pay for maintenance of older homes.
Figure 43: Cost Burden by Tenure and Race/Elderly/Housing Size Overpayment by both owners and renters has decreased in Pinole over time in most areas of the City. The area with the highest levels of overpayment is the same area that has low environmental scores and higher levels of poverty. Overpayment by renters in the City 0%
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White Asian Hispanic Black Nat Am Pac Islander Large Households Elderly All Owner-Occupied Renter-Occupied Contra Costa County
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White Asian Hispanic Black Nat Am Pac Islander Large Households Elderly All Owner-Occupied Renter-Occupied Contra Costa County
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occurs at a comparable level with the County, with both showing approximately 48 percent of these households experiencing cost burden; overpayment by owners occurs at a slightly lower level in the City than in the County. In both cases, renters have higher rates of overpayment than owners.
Figure 44: Overpayment by Owners
Source: HCD AFFH Data Viewer
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Figure 45: Overpayment by Renters
Source: HCD AFFH Data Viewer
To understand the geographic trends of substandard housing in the City, a review of code enforcement cases from April 2020 to March 2023 was conducted. Of the 1,486 code cases open during that time, six substandard housing cases were opened (0.4 percent of all cases).
The approximate locations of these cases are shown in Figure 46. The substandard code enforcement cases are spread throughout the western and northern parts of the City.
Substandard housing cases tend to correlate with areas that have a lower median income.
Code enforcement estimated through a windshield survey 15 – 20 units, less than one percent, in the City are in need of significant repair, under 1 percent of units in the City. Results from the windshield survey also noted that there was no specific neighborhood or street that had clustered substandard housing.
Resources available for improving for substandard housing are provided on the City of Pinole’s website. The following resources are listed:
• Contra Costa County’s Neighborhood Preservation Program - Provides financial assistance through a loan of up to $70,000 to low-income homeowners for home rehabilitation projects.
• Habitat for Humanity East Bay/Silicon Valley (Home Repair) - Repairs, valued up to $10,000, for eligible low-income mobile homeowners to address health and safety deficiencies.
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• Homeowner Energy Efficiency BayREN Program – Rebates and financing assistance for home energy improvements.
• Multifamily Homeowner Energy Efficiency BayREN Program - Financial incentives when to upgrade multifamily building’s energy and water efficiency. • County Weatherization program. Federal and State-funded program available to owners or renters of homes, apartments or mobile homes and whose purpose is to assist low and/or fixed income people in making their homes more energy-efficient.
Figure 46: Substandard Housing Code Enforcement Cases, 2020-2023 Source: City of Pinole Code Enforcement.
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 336 of 565
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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 47: Overcrowded Households
Source: HCD AFFH Data Viewer
Table 72 summarizes overcrowding in Pinole by tenure. Instances of overcrowding vary by tenure, with renters experiencing lower levels of overcrowding than owners. Approximately 247 households, roughly 3.7 percent of all households in Pinole, were experiencing overcrowding in 2019. This included 173 owner-occupied households and 74 renteroccupied households. 337 of 565
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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 72: 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 conducts the annual Point in Time Count (PITC), which counts the sheltered and unsheltered homeless population in each city in the County.
The PITC takes place during the last week of January each year. Per the Contra Costa Health Services website, there were significant inconsistencies discovered in the data of the 2022 PITC and Contra Costa Health Services has been unable to verify the accuracy of the data.21 As such, this element is utilizing the most recent PITC data available from Contra Costa Health, which is the 2020 PITC. The 2023 PITC Annual Report has not yet been released at the time of the writing of this element.
The PITC identified 3,093 both sheltered and unsheltered homeless persons in Contra Costa County. Table 73 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.
21 Contra Costa Health Services. Data Reports, Point in Time Count. https://cchealth.org/h3/coc/reports.php#PIT
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Table 73: West Contra Costa County Unsheltered Point in Time Count, 2020 2022 Jurisdiction Total
Pinole 7
Crockett 35
El Cerrito 24
El Sobrante 9
Hercules 7
North Richmond 22
Richmond 280
Rodeo 62
San Pablo 67
Source: 2020 Contra Costa County: Annual Point in Time Count Report To understand the spatial trends of homelessness in Pinole, the City reviewed recent code enforcement data and contacted the City of Pinole Police Department. The Pinole Police Department’s Community Outreach Unit includes its Homeless Outreach Program. The Police Department noted that in its experience in outreaching with persons experiencing homelessness in the city, the majority, are homeless by choice. The needs of persons experiencing homelessness by choice may include access to meals, showers, and public restrooms.
Though the 2023 PITC has not yet been released, an estimate from the Pinole Police Department identified between 5 – 10 unsheltered homeless persons in the City in 2023.
The Pinole Police Department identified two areas popular with of persons experiencing homelessness in the City - adjacent to the Pinole Library, and besides the bowling alley. From April 2020 through March 2023, there were four code enforcement cases opened for homeless encampments. The location of these cases as well as the locations identified by the Pinole Police Department as popular homeless locations are shown in Figure 48 below.
The location behind the bowling alley was identified by both a code enforcement case and the Pinole Police Department.
These locations areas are not concentrated in one specific street, neighborhood, or corridor in the City. They are not clustered in areas of the City in the low TCAC resource category.
Three of the spots are located relatively close to the I-80 freeway. Three of the points are along Pinole Creek. All of the identified common locations are on parcels with areas that have a number of trees, open space, and the ability to access shade. Five of the six identified homeless areas are within ½ mile of a transit stop, which could provide access to services in Pinole or neighboring jurisdictions. Several spots are also located behind large buildings which provide screening and a form of separation, protection and privacy from other uses.
The location in the southern part of the City is not close to a transit stop. 339 of 565
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Figure 48: Homeless Hotspot Areas
Source: City of Pinole Police Department and Code Enforcement.
There are a number of regional programs available in close proximity to Pinole to assist persons experiencing homelessness. To help meet the special needs of the homeless, the Contra Costa Crisis Center operates a 24-hour homeless hotline that connects homeless individuals and families to resources available in the County. Through the center, homeless persons are given emergency motel vouchers, provided free voicemail boxes, and referred to local service programs, including housing assistance, job training, substance abuse treatment, counseling, and emergency food, health care, and other vital services.
Information regarding these services is available on the City of Pinole’s website.
The Homeless Outreach Program allows the City of Pinole staff to work directly with the homeless persons in Pinole. City staff go out in the field to meet the homeless persons in their environment to monitor their activity as well as their safety. Staff provides information on housing resources to each person experiencing homelessness that is encountered. This program has helped bridge a gap between the City and the homeless population. 340 of 565
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Table 45 in the Housing Needs chapter lists facilities with various programs designed for people experiencing homelessness.
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 49 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 21) and Fair Housing Resources and Services Program (Program 20) to further minimize the risk of displacement. 341 of 565
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Figure 49: 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 19, 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
Local Historical Land Use, Zoning Patterns 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.
With the adoption of the Three Corridors Specific Plan in 2010 and subsequent development, the City has seen growth in areas with access to transit and employment along Appian Way, Pinole Valley, Road, and San Pablo Avenue. The purpose of the Specific Plan is to facilitate revitalization of the San Pablo Avenue, the Pinole Valley Road, and the Appian Way corridors.
The City of Pinole has designated these corridors as Priority Development Areas (PDAs) through FOCUS, a regional development and conservation strategy that promotes more compact land use patterns for the Bay Area. PDAs are locally identified, infill development opportunity areas where there is local commitment to developing more housing along with facilities and services to meet the day-to-day needs of residents in a pedestrian-friendly environment served by transit. Additionally, conversations with affordable and market rate developers noted that the availability of vacant and underutilized land along these corridors was a factor in what led to developing in Pinole. Affordable housing developers referenced the increased availability of funding for projects in these corridors as they ranked higher for competitive funding sources.
Pinole is Racially Integrated
Pinole is a racially integrated City and comparisons to the region reflect this. According to the 2018 study by the University of California, Berkeley on racial segregation in the San Francisco Bay Area, “Pinole is the most integrated city in Contra Costa County, with a population that is 35 percent white, 26 percent Latino, 22 percent Asian, and 8 percent Black.”22 The updated findings using 2020 census data identified Pinole as one of the six “racially integrated” cities in the Bay Area.23
22 Racial Segregation in the San Francisco Bay Area, Part 1. https://belonging.berkeley.edu/racialsegregation-san-francisco-bay-area-part-1 23 The Most Segregated Cities and Neighborhoods in the San Francisco Bay Area. https://belon ging.berkeley.edu/most-segregated-cities-bay-area-2020
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Pinole does not have a pattern of segregation. While the AFFH maps and data show relatively subtle differences between census tracks, it is not possible to determine that the differences are caused by land use patterns resulting from the General Plan or zoning. Pinole’s high level of integration and diversity demonstrates that the land use patterns are providing a range of housing types and opportunities to a wide range of persons and household types and needs.
Additionally, the City conducted outreach to real estate professionals in Pinole inquiring if they had come across any racially restrictive covenants or other discriminatory practices in the City. Two respondents, each with over 20 years of experience in the City, affirmatively stated that they were not aware of any redlining, racial covenants, or other discriminatory practices in Pinole. A third respondent agreed that they had not come across such language in Pinole but had heard from other real estate professionals that racially restrictive verbiage exists in some areas in the cities of Moraga, Lafayette, and Orinda roughly 15-20 miles to the south. A fourth respondent with over 30 years of real estate experience in the area has come across recorded covenants, conditions, and restrictions for properties aged 60-70 years that have discriminatory language. However, they have never encountered discriminatory practices when representing a buyer or seller in a transaction.
Responses in the Housing Element community survey indicate Pinole is a racially integrated jurisdiction. Eighty percent (80%) of respondents said Pinole is racially integrated while 8.2% indicated it was segregated and 12% said they were unsure. Additionally, respondents noted that Pinole has become increasingly integrated in the past 10-20 years and identified Pinole as more integrated than other Bay Area jurisdictions.
No History of Restrictive Voter Initiatives
Pinole has no history of restrictive voter initiatives or growth control measures. The City Clerk’s office conducted a thorough review of the records of proposed and approved voter initiatives. The search found no record of passed or proposed voter initiatives that limited growth in the City. The records review also included contacting Contra Costa County for any records of such ballot initiatives in Pinole; no initiatives were found.
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. 344 of 565
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Regional Growth and Racial Integration
The development pattern of the San Francisco Bay Area is a result of a wide range of coordinated strategies used to continue racial exclusion prior to the state and federal fair housing legislation. Many exclusionary housing policies now common across the United States originated in the Bay Area: San Francisco was among the first cites to use zoning to target specific racial groups with policies, Berkeley’s 1916 zoning ordinance established exclusive single family residential zones, and developers and other organizations created a major barrier to public and affordable housing in Oakland. Though there is no history of such practices in Pinole, the regional effects of exclusionary zoning practices can still be felt across the Bay Area.
In 2018, the Othering & Belonging Institute launched a project to investigate the extent, harm and solutions to racial residential segregation in the San Francisco Bay Area. This project utilized the Divergence Index to identify the most segregated and integrated cities in the Bay Area. According to this project, the City of Pinole was ranked as one of the most integrated cities in the Bay Area with a top five Inter-municipal Divergence score.
Insights from Local Knowledge
The fair housing analysis and prioritization of contributing factors utilized a number of sources of local knowledge to aid in understanding the unique attributes of Pinole as they relate to fair housing issues. The list below summarizes a number of local data sources an outreach efforts the City pursued to contribute to the fair housing analysis and prioritization of contributing factors in the City. The list is not comprehensive but rather provides highlights of sources of local knowledge and how they aided in analysis and forming policies and programs.
• Code enforcement data from 2020 through March 2023 illustrates the spatial distribution and quantity of homelessness and of substandard housing cases in the City. The data highlights any geographic trends in the City. • Conversations with code enforcement regarding substandard housing. Code enforcement did not note any geographic trends of substandard housing and noted they are generally spread throughout the City.
• Conversations with the Police Department regarding the Homeless Outreach Program identified two homeless hotspots and the efforts of the Homeless Outreach Program.
• Data from BayREN of program participation show which areas in the City are utilizing the BayREN programs. This data helped to inform the geographic trends and roll-out of the partnership with BayREN that is part of Program 19. • Conversations with developers who have recently undergone development in the City, including affordable housing developers, to understand constraints to housing 345 of 565
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development, especially housing development for lower-income and special needs households, in Pinole and the region.
• Outreach to four real estate professionals in the City to understand their experience with any discrimination or racial covenants in Pinole and the region. • Data from the City’s fair housing provider, ECHO, regarding the number and type of fair housing complaints in the City.
• Use of the Contra Costa County Analysis of Impediments to understand regional trends and patterns and how they relate to Pinole, as well as to understand which trends commonalities and differences between Pinole and the rest of the County.
The City also utilized information from the extensive public outreach including survey results, workshop participation, focus groups, and recommendations from the Planning Commission and City Council, as documented in the Public Participation section of the AFFH as well as staff experience and knowledge to contribute to the fair housing analysis of the Housing Element.
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 74 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. 346 of 565
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Table 74: 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 6)
• SB 9 Technical Assistance (Program
5)
• Affordable Housing Incentives
(Program 8)
• Housing for Extremely Low-Income
Households and Persons with
Disabilities (Program 9)
• Senior Housing Incentives (Program
10)
• Displacement Prevention / Housing
Mobility (Program 21)
• Home Sharing and Tenant Matching
(Program 11)
High
Access to
Opportunities
• Lower access to
opportunities than
Contra Costa County as
a whole
• Place-Based Improvements
(Program 19)
• Fair Housing Resources and
Services (Program 20)
• Housing Resources Education
(Program 22)
• Home Sharing and Tenant Matching
(Program 11)
ModerateHigh
Segregation and
Integration
• Lack of affordable
housing stock
• Land-Use environmental
restrictions
• Outreach and Technical Assistance
to Applicants (Program 3)
• Facilitate ADU Production (Program
4)
• SB 9 Technical Assistance (Program
5)Incentives for Mixed-Use
Developments (Program 6)
• Affordable Housing Incentives
(Program 8)
• Zoning Amendments (Program 12)
• Place-Based Improvements
(Program 19)
• ADU Education (Program 23)
Moderate
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Identified Fair
Housing Issue
Contributing Factor Action (Program #) Priority
Outreach and
Enforcement
Capacity
• Lack of widely
publicized housing
information
• Place-Based Improvements
(Program 19)
• Fair Housing Resources and
Services (Program 20)
• Housing Resources Education
(Program 22)
• ADU Education (Program 23)
Low
Table 75 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. 348 of 565
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Table 75: 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
6 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
5 The City is in the process of creating informational materials to assist applicants and property owners in submitting
applications for the development of SB 9 projects, which would highlight permit requirements and development
standards to promote greater clarity in preparing submittals.
Zoning amendments and objective
design standards by Q2 2025.
Creation of simplified lot split form
by Q1 2024.
Targeted
promotion in the
R1 zone. Targeted
promotion of SB 9
units in
Facilitation of
10 SB 9
applications
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Programs
or Other
Activities
Specific Commitment Timeline Geographic
Targeting
2023–2031
Metric
Materials are anticipated to be completed in 2023. In the interim, City staff provides guidance to applicants and owners through correspondences by phone, email, and
counter meetings to help applicants understand State
standards and provisions under SB 9, discuss preliminary design concepts, and explain permit procedures.
Additionally, the City is in the process of establishing objective design standards. Objective design standards
would provide greater predictability and clarity regarding design attributes for new residential development and
support ministerial review and are anticipated to be
completed within two years of Housing Element adoption.
The City has recently received its first SB 9 application. In an effort to encourage and facilitate development in single family zone, the City will pursue a number of technical assistance and facilitation efforts including:
• Updating the zoning code. This will include a review of developmental standards that could constrain SB 9
development and updating the zoning code to remove such constraints.
• Creating a simplified lot split form to process SB 9 projects and provide the form online
• Ensure objective design standards for SB 9 units (Program 13)
This program works in conjunction with Program 23, ADU, JADU, and SB 9 Education, which provide a variety resources and outreach to homeowners regarding SB 9.
neighborhoods
where geographic
review identifies
fewer were built.
Program
8 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
Within two years of Housing
Element Adoption
Citywide Completion of
initial review of
affordable
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Programs
or Other
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Specific Commitment Timeline Geographic
Targeting
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Metric
affordable housing beyond the City’s 15 percent inclusionary requirement.
housing
developments
within
prescribed
timeline.
Expedited
review of
projects to
take 50% less
time than the
normal review
process.
Program
9 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
10 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
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Targeting
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Metric
incentives for
senior housing
development
in one project
throughout the
planning
period.
Program
21 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 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.
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.
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
income
discrimination
and housing
choice
vouchers to 35
households
annually.
Program
11 The Home Sharing and Tenant Matching program will work in tandem with educating residents and facilitating additional ADU and JADU developments across the City. The pamphlets developed in Program 22 will include detailed the Pinole home sharing program, once developed, and references to other educational and financial resources for homeowners
incorporating and ADU and/or JADU on their properties or seeking housemates to live in their JADU.
Develop program components,
outreach strategies and compile
resources within three years of
Housing Element adoption.
Citywide 10 tenant
matches
completed
throughout the
planning
period.
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or Other
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Specific Commitment Timeline Geographic
Targeting
2023–2031
Metric
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.
Segregation and Integration
Program
3 The City will provide technical assistance to developers to encourage provision of affordable housing that are consistent with City goals.
The City will engage and coordinate with other public
agencies, faith and community-based organizations, and
housing developers.
Technical assistance provided as
needed. Develop comprehensive
coordinated review procedures with
all city departments within one year
of Housing Element adoption. Create
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.
Faith-based
organizations and
facilities across
Pinole.
Technical
assistance to
all affordable
housing
applicants.
Make the
comprehensive
coordinated
review with all
city
departments
standard
operating
procedure for
all residential
developments.
Annual review
of available
funding
sources and
contact to
other agencies
and
developers.
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Programs
or Other
Activities
Specific Commitment Timeline Geographic
Targeting
2023–2031
Metric
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 is in the process of creating informational materials to assist applicants and property owners in submitting
applications for the development of SB 9 projects, which would highlight permit requirements and development
standards to promote greater clarity in preparing submittals.
Materials are anticipated to be completed in 2023. In the interim, City staff provides guidance to applicants and owners through correspondences by phone, email, and
counter meetings to help applicants understand State
standards and provisions under SB 9, discuss preliminary design concepts, and explain permit procedures.
Additionally, the City is in the process of establishing objective design standards. Objective design standards
would provide greater predictability and clarity regarding design attributes for new residential development and
support ministerial review and are anticipated to be
completed within two years of Housing Element adoption.
The City has recently received its first SB 9 application. In an effort to encourage and facilitate development in single Zoning amendments and objective
design standards by Q2 2025.
Creation of simplified lot split form
by Q1 2024.
Targeted
promotion in the R1
zone. Targeted
promotion of SB 9
units in
neighborhoods
where geographic
review identifies
fewer were built.
Facilitation of
10 SB 9
applications
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or Other
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Targeting
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Metric
family zone, the City will pursue a number of technical assistance and facilitation efforts including:
• Updating the zoning code. This will include a review
of developmental standards that could constrain SB 9
development and updating the zoning code to remove such constraints.
• Creating a simplified lot split form to process SB 9
projects and provide the form online
• Ensure objective design standards for SB 9 units
(Program 13)
This program works in conjunction with Program 23, ADU, JADU, and SB 9 Education, which provide a variety resources and outreach to homeowners regarding SB 9.
Program
6 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
8 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
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within
prescribed
timeline.
Expedited
review of
projects to
take 50% less
time than the
normal review
process.
Program
12 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
19 As a part of the EJ Element, the City will pursue programs to increase environmental health and quality of life across Pinole.
The City is working with County develop a contractual
arrangement to develop an enhanced BayREN Home+ rebate
incentive structure for Pinole homeowners and multifamily property owners to undertake needed energy efficiency
projects.
The City has multiple projects in its Capital Improvements Plan identified to improve mobility and active transportation opportunities in the western part of the City.
As identified in CIP Schedule;
Environmental Justice Element
adopted by the end of 2023. BayREN
rebates in the 2022-23 fiscal year.
Targeted roll out of
program to Western
Pinole/EJ Element
Impacted
Community first.
Completed
Capital
Improvement
Projects and
Adopted
Environmental
Justice
Element.
Program
23 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 Develop outreach strategies and
compile resources within two years
of Housing Element adoption.
Promotion of Home Sharing and
Increased
promotion of ADUs,
JADUs, and SB 9
potential in higher
Increased
development
of ADUs from 3
to 5 annually.
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Programs
or Other
Activities
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Targeting
2023–2031
Metric
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 11.
Tenant Matching (Program 11) six
months after program development.
opportunity areas
of the City as
determined by
TCAC opportunity
area maps.
Development
of 1 JADU
annually.
Access to Opportunities
Program
19 As a part of the EJ Element, the City will pursue programs to increase environmental health and quality of life across Pinole.
The City is working with County develop a contractual
arrangement to develop an enhanced BayREN Home+ rebate
incentive structure for Pinole homeowners and multifamily property owners to undertake needed energy efficiency
projects.
The City has multiple projects in its Capital Improvements Plan identified to improve mobility and active transportation opportunities in the western part of the City.
As identified in CIP Schedule;
Environmental Justice Element
adopted by the end of 2023. BayREN
rebates in the 2022-23 fiscal year.
Targeted roll out of
program to Western
Pinole/EJ Element
Impacted
Community first.
Completed
Capital
Improvement
Projects and
Adopted
Environmental
Justice
Element.
Program
20 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 Biennial fair housing workshops.
Ongoing provision of resources and
referrals to fair housing service
providers. Review of demographics
to determine appropriate translation
Hold at least 50% of
in person
workshops for fair
housing in west
Pinole, or other
areas with low
Provide annual
workshops or
information
fairs with the
County fair
housing
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Programs
or Other
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Targeting
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Metric
the County’s fair housing service provider or another qualified fair housing service provider in the City of Pinole.
The City will make educational and training resources
available to tenants, landowners, homeowners, and any other residents who may be affected by fair housing policy.
The City will continue to encourage improved community
participation and representation in all official city business, events, and communications. The City will contract with a translation service as needed for meetings, putting a standard note on all hearing notices and communications in Tagalog, Spanish and Chinese indicating that interpretation and
translation services are available upon request. The City will contract with a translation service for direct on the spot translation/interpretation needs at the front counter.
The City will review demographic changes in the City to determine if translation should be provided for new or
additional languages every four years. Translation to
additional languages added as determined by demographic analysis.
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.
and interpretation languages every 4
years.
access to
opportunities per
the most recent
TCAC opportunity
area map.
provider or
another
qualified fair
housing
provider.
Provide fair
housing
resources or
referrals to 50
households
annually.
Program
22 The City will promote and advertise available housing resources to residents through a variety of mediums. The City will continue to promote homebuyer assistance programs
available through the County and State, such as the Mortgage Credit Certificate (MCC) program and California Housing Finance Agency’s down payment assistance programs.
Provision of information within 18
months of Housing Element
adoption. Presence at community
events at least once per year.
Citywide Provision of
housing
information to
approximately
75 residents
annually.
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Programs
or Other
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Targeting
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Metric
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.
Program
11 The Home Sharing and Tenant Matching program will work in tandem with educating residents and facilitating additional ADU and JADU developments across the City. The pamphlets developed in Program 22 will include detailed the Pinole home sharing program, once developed, and references to other educational and financial resources for homeowners
incorporating and ADU and/or JADU on their properties or seeking housemates to live in their JADU.
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
19 As a part of the EJ Element, the City will pursue programs to increase environmental health and quality of life across Pinole.
The City is working with County develop a contractual
arrangement to develop an enhanced BayREN Home+ rebate
incentive structure for Pinole homeowners and multifamily property owners to undertake needed energy efficiency
projects.
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
20 The City will advertise the services of and collaborate with the County’s contracted fair housing provider, currently ECHO Housing. ECHO housing holds monthly Regional Fair Housing Trainings for tenants, landlords, service providers, and staff of local governments. The City will hold an annual workshop with the County’s fair housing service provider or another qualified fair housing service provider in the City of Pinole.
The City will make educational and training resources
available to tenants, landowners, homeowners, and any other residents who may be affected by fair housing policy.
The City will continue to encourage improved community
participation and representation in all official city business, events, and communications. The City will contract with a translation service as needed for meetings, putting a standard note on all hearing notices and communications in Tagalog, Spanish and Chinese indicating that interpretation and
translation services are available upon request. The City will contract with a translation service for direct on the spot translation/interpretation needs at the front counter.
The City will review demographic changes in the City to determine if translation should be provided for new or
additional languages every four years. Translation to
additional languages added as determined by demographic analysis.
The City will also participate in the Regional Analysis of Impediments to Fair Housing Choice, which is updated every 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
five years. The City will work with the County to publicize the outreach program for the update.
Program
22 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.
Program
23 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 11.
Develop outreach strategies and
compile resources within two years
of Housing Element adoption.
Promotion of Home Sharing and
Tenant Matching (Program 11) 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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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 76.
Table 76: 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 362 of 565
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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 77 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 77: 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.
As a part of the Housing Element update process, the City reviewed all applications for development received. There were no applications for development in the 5th Cycle that were denied, reduced in size, or withdrawn.
Multifamily developments in the City have had success in meeting the densities required by the Zoning Ordinance. Table 78 lists the recent multifamily projects built, approved, or proposed in the City. The table shows the project, land use, zoning, density, number of units, 363 of 565
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maximum density of the zone, and yield percentage of the project. Seven recent projects have density yields ranging from 55 percent to 183 percent, with an average of 109 percent of the maximum permitted density. The project with the 55 percent yield, the BCRE project, was designed around keeping the existing commercial/office building that is to remain, lowering the yield. For Appian Village, there were site-specific considerations such as steeply sloped areas around the western property line and Specific Plan height limitations when adjacent to single family residential that the applicant chose to design around, lowering the yield of the project to 63 percent. Three of the seven projects used density bonuses to achieve densities greater than allowed by the underlying zoning. This greatly increased the individual and the average project yield.
To project future development yields a very conservative approach was taken. Rather than use the actual average yield (109%), the City deducted all additional units derived from density bonuses. In this manner, the yields from the recent projects were limited to a maximum of 100% of the maximum density instead of using the actual yields of up to 183% on 43% of the sites, as shown in Table 78. This lowered the average yield from 109% to 83%, as shown in Table 78. 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.
The realistic capacity calculations above consider the potential for commercial development on the site in the three mixed-use zones in the City. The RHNA inventory only includes sites in the CMU and RMU mixed-use zones. The inventory does not include any sites in zones that do not allow for 100 percent residential development. The RMU zone requires at least 51 percent residential use. Both the RMU and CMU allow for 100 percent residential developments. CMU allows up to 100 percent of the floor area for residential use for developments with the inclusionary affordable housing component and community benefits as specified in the General Plan.
The City reviewed recent development, both residential and non-residential, in the mixeduse zones to determine realistic capacity. Seventy percent (70%) of all development projects in the mixed-use zones in the last eight years have been either entirely residential or mixeduse. An average yield of the residential projects in the RMU and CMU zone is 107 percent of the maximum residential density. The combined yield is 75% (70% of sites x 107% of max density). The City has had three recent redevelopment of sites as commercial-only uses. All occurred in the CMU zoning district which is oriented towards commercial in general and allows for 100 percent commercial uses onsite by right. These developments included a Valero gas station demolished and rebuilt as a 7-Eleven gas station, an approved demolition 364 of 565
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and rebuild of the majority of the aging Appian 80 Shopping Center and Safeway supermarket, and redevelopment of a vacant medical office building as a CVS pharmacy. The Valero gas station site was small, adjacent to the freeway, and not generally suitable for housing; the Appian 80 site maintains the same shopping center use but is not precluded from future additional redevelopment for residential opportunities; and the CVS site replaces a vacant office building with a commercial building compatible with the commercial and office development in the surrounding area. As discussed above and shown in Table 78 below, realistic capacity calculations take into consideration the capacity for commercial development through the reduction of yield from the 107% in zones that allow commercial use to 70%. The assumed 70% yield is less than 75% combined yield (70% of mixed-use zoned sites x 107% of max residential density).
Table 78: Recently Built, Approved, or Proposed Multifamily Projects Project Land Use Zoning
Project
Density
(du/acre) Acres
Num.
of
Units
Max
Density
Yield
Percent
Calculated
Percent
(100% max)
Vista Woods MUSA R4 89 2.01 179 50 178% 100%
Appian Village SSA,
Appian
Way
Corridor
RMU/
CMU
20.9 7.37 154 32.7* 63% 63%
BCRE MixedUse Office and
Residential
SSA,
Pinole
Valley
Road
Corridor
OPMU 16.6 0.61 29 30 55% 55%
SAHA
Veteran’s
Housing
MUSA CMU 55 1.79 34 30 183% 100%
Pinole Vista SSA,
Appian
Way
Corridor
CMU 37.6 5.93 223 30 125% 100%
1479 San
Pablo Ave
MUSA RMU 29.7 0.10 3 35 85% 85%
810 E Meadow Suburban
Residentia
l
R2 15.2 0.33 5 20 76% 76%
Average 109.3% 82.7%
* Density calculated proportional to acreage between two zones Du/acre = dwelling units per acre
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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 79 displays the assumed yields for multifamily zones, by zone and provides and estimated yield density for each. Based on higher recent trends in development, a 70 percent yield is a conservative estimate that is highly likely to be achieved and exceeded as the proposed RHNA sites are developed.
Table 79: 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 366 of 565
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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.
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 50 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 50: 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 51. 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 51: 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.
The City complies with requirements regarding water and sewer priority allocation to affordable housing. As needed, the City will coordinate with EBMUD, WCWD, and the Pinole/Hercules Water Pollution Control Plant (WPCP) Joint Powers Authority to facilitate adoption of similar policies or to ensure adherence to California Public Utilities Commission policies on water/sewer priority for affordable housing. In 2016, the City adopted a policy for water and sewer services to provide priority allocation to affordable housing in the event a rationing system is implement.
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Entitled and Pending Projects
A total of 635 entitled units are counted toward meeting the RHNA, as listed in Table 80.
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.
All entitled projects are anticipated to be completed in the 6th Cycle. There are no known barriers to the completion of any of these projects within the 6th Cycle. The City reviewed residential development applications received during the previous cycle, and there were no projects that were withdrawn, decreased in size, or denied.
Entitled and pending projects are described in detail below. Appendix D includes letters from developers of these projects indicating their intent to complete the projects in the next eight years. Appendix B provides additional information on pending projects. The City is committed to ensuring adequate sites are available to meet the RHNA, and should circumstances change and any of these projects are not anticipated for completion during the 6th Cycle, the City will identify additional sites and programs as necessary (see Program 1).
Projects with affordable units are deed-restricted for a length of 55 years. All very low, low, and moderate income units listed in Table 80 will be deed-restricted. Agreements approved by City Council are required for all projects with affordable (including moderate-income) units to document the terms of affordability. The approval of agreements are required prior to final inspection. 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.
Appian Village
Appian Village is an all-electric residential condominium housing development. It consists of 154 units including 8 units for sale to low-income households and 23 units for sale to moderate income households. It is the reuse of a former hospital site. The project was entitled in one hearing with the Planning Commission. The demolition permit was issued on September 9, 2022 and the building permit submitted on December 13, 2022. 370 of 565
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SAHA Affordable Veteran’s Housing
The Satellite Affordable Housing Associates (SAHA) development is 33 units on a 0.61 acre previously vacant infill parcel. The development is all lower-income housing units. The project is on city-owned land and the City is contributing over three million dollars in Housing Asset Funds towards the project’s construction. The project was entitled in under five months from application submittal and in one hearing with the Planning Commission. A grading permit was submitted on July 5, 2022 and building permit was submitted on December 12, 2022. Construction will begin in June 2023.
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BCRE Mixed-Use
This mixed-use project consists of adding 29 units and additional office/commercial space to an existing office/commercial use on a 1.79 acre site. It was entitled in one hearing with the Planning Commission. The grading permit was submitted on January 30, 2023. 372 of 565
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Vista Woods
The Vista Woods project is 179 units on a 2.01 acre site and is 100 percent affordable senior housing. The project is currently under construction. The project was entitled in less than six months from the application submittal and in one hearing with the Planning Commission.
Building permits were issues within four months of building permit submittal. The Affordable Housing Agreement was approved by City Council on November 16, 2021. 373 of 565
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Pinole Vista
The Pinole Vista project is a 223 unit redevelopment project on a 5.93 acre site with a vacant former commercial building. There are 13 very low and 14 low income units included in the development. The project includes horizontal mixed use and connections to existing transit.
It was entitled in one hearing with the Planning Commission and one hearing with the City Council. The building permit application is anticipated by October 2023. 374 of 565
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Other Developments
There are eight of other small developments included in the pending project list, totaling 17 units. Appendix B provides additional information on these pending projects. They include:
• Four new single family homes with new ADUs (8 total units) • Two new single family homes
• A new triplex
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• A new four-lot subdivision, including one for sale moderate income unit Table 80: 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 and Program 23 to incentivize and encourage ADU development. This includes continuing the process of working with the state to update the ADU ordinance to comply with state law. 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. The programs also include monitoring the affordability levels of ADUs to ensure they are being built at the projections below. If annual production and affordability rates do not match the estimates included in the Sites and 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 or identify additional sites using the additional development opportunity list the City maintains.
The ADU programs also This includes measures to specifically facilitate ADU construction for lower-income households per California Government Code Section 65583(c)(7). 376 of 565
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ADU Production Trends
Table 81 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 81: 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,
24 which contains the affordability assumptions for ADUs as shown in Table 82. 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 82: ADU Affordability Assumptions
Percent Income Category # of ADUs
30% Very Low 7
30% Low 7
30% Moderate 7
10% Above Moderate 3
24 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 83, 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. 378 of 565
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Table 83: 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 84. 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). 379 of 565
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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 84: 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.”25 The vacant site capacity is shown by zone in Table 85.
25 HCD. Housing Element Sites Inventory Guidebook. https://www.hcd.ca.gov/communitydevelopment/housing-element/docs/sites_inventory_memo_final06102020.pdf. 380 of 565
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Table 85: 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 87 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 84, 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.
Recent development of non-vacant sites in the City include:
• An entitled redevelopment of a former Kmart into a mixed-use development with 223 units.
• The demolition of the existing vacant Doctors Medical Center Pinole Campus and a subsequent development of 154 units.
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• 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.
• A former redevelopment property adding four units into an existing mixed-use building
• A former redevelopment property adding two units into an existing commercial space.
Land-improvement ratios were also calculated and considered in site selection. The comparison of assessed values for land and improvements (land-improvement ratios) is a reliable indicator of whether and to what extent sites are utilized. Typically, a newly improved site will have a ratio of well under 0.2, or where the improvements are valued at five times the value of the land. The greater the ratio, the greater the value of the land and greater likelihood that it will be redeveloped. All of the non-vacant sites included in the inventory have a land-improvement ratio that is greater than 1.0, with the sites having ratios of 10.0 and 1.2.
The table below compares aspects of recent redeveloped sites to RHNA opportunity sites.
The opportunity sites share similarities with the recent redeveloped sites such as the year built, acreage, land improvement ratio, and maximum density. Especially when comparing the opportunity sites to the BCRE project, the similarities are even closer in addition to each of the projects being mixed-use. The comparison on non-vacant sites to recent projects below can be used as justification for likelihood of redevelopment.
A floor area ratio is not utilized in any of the zones of Pinole. The two opportunity sites have significant additional floor area that could be developed before reaching any maximum floor area requirements. There is no maximum developable floor area or building coverage; the sites are just limited by setbacks and height.
Table 86: Comparison on Non-Vacant Sites to Recent Projects Project Jurisdiction Year Built Acreage LIR Max. Density Appian Village Pinole 1967 7.37 38.4 32.7*
BCRE Mixed-Use Pinole 1984 0.61 0.8 30
Pinole Vista Pinole 1981 5.93 5.6 30
Vista Woods Pinole 1948, 1984 2.01 120 50
612 Tennent Pinole 1908 0.12 0.57 35
2279 Park Pinole 1945 0.12 1.4 35
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Opportunity Site #1 Pinole 1975 0.6 10.0 30
Opportunity Site #3 Pinole 1966 1.6 1.2 35
Table 87: Non-Vacant Site Capacity
Opportunity Site # APN Zone Capacity
Opportunity Site #1 360010031 CMU 14
Opportunity Site #3 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. The existing commercial use is not anticipated to be an impediment to redevelopment due to the age of the building, high land-improvement ratio, and location of the parcel. The existing use could be maintained with redevelopment, similar to a recently approved project in the OPMU mixed-use zone. There is no maximum developable floor area or building coverage; the site is limited by applicable setbacks and height.
2727 Pinole Valley Road, APN 360010031
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2727 Pinole Valley Road, APN 360010031
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,
similar to a recently approved project in the OPMU zone. 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. The existing commercial use is not anticipated to be an impediment to redevelopment due to the age of the building, high land-improvement ratio, and location of the parcel.
725 San Pablo Avenue, APN 403051012
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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 7, 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 19). 386 of 565
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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 88: 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. 389 of 565
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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) 390 of 565
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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 6).
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. 392 of 565
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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. 393 of 565
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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 89. ▪ 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). 395 of 565
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Table 89: 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 396 of 565
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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).
The City will conduct a mid-cycle review of units built and capacity to meet the RHNA in 2027.
If the entitled projects are not anticipated to be completed during the 6th at this time, the City will identify additional sites from the list described above and/or programs to adequately meet the RHNA.
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. Creation of additional development opportunity site list to use in the case of a net loss within three months of Housing Element adoption. Mid-cycle review by Q1 2027. Identification of additional sites or programs by Q3 2027.
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. 397 of 565
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• The City will conduct informational sessions and directly contact RHNA site owners to inform them about development opportunities on their property.
Implementing Agency: Community Development Department
Supporting Agencies: City Manager’s Department, IT Department Timeline: Create City webpage for RHNA sites and post sites within 6 months of adoption; update annually, or as needed. Conduct annual outreach to affordable housing builders.
Contact RHNA site owners twice during the planning period, including once during the first 18 months post Housing element adoption.
Funding Source: General Fund
Quantified Objective: Maintain accurate and publicly available residential site inventory throughout the planning period. Outreach with 100 percent of RHNA site owners twice during the planning period.
Program 3. Outreach to Developers 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. • Facilitate communication with applicants and PG&E to assist with requirements of utility undergrounding.
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).
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• Work with developers by creating a developer interest list and periodically assessing development needs to encourage new residential development to provide affordable housing.
• Annual and proactive outreach to developers of housing for special needs and lowerincome households. The City shall contact affordable such housing builders annually and provide information about sites to facilitate development of affordable rental housing.
• Notify developers of interest in including some options for larger (3+ bedroom) units in residential development projects.
• Contact other public agencies such as the Contra Costa County Housing Authority or Contra Costa County Department of Conservation and Development at least once a year for funding and partnering opportunities.
• Contact faith-based organizations in Pinole to discuss opportunities for housing at their facilities and provide information 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 and housing for special needs populations. Annual outreach to public agencies and community and faith-based 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 23, 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. 399 of 565
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If annual production and affordability rates do not match the estimates included in the Sites and 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 resourcesadopt another ADU program or identify additional sites using the additional development opportunity list the City maintains 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.
• 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 5 – 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 or in-lieu fees, 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; additional ADU program or identification of sites within 6 months if production and affordability are not matching estimates. Adopted amnesty program and developed fast track program within 2 years of Housing Element adoption. Review geographic distributions of ADUs biennially. 400 of 565
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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. SB 9 Technical Assistance and Facilitation
The City is in the process of creating informational materials to assist applicants and property owners in submitting applications for the development of SB 9 projects, which would highlight permit requirements and development standards to promote greater clarity in preparing submittals. Materials are anticipated to be completed in 2023. In the interim, City staff provides guidance to applicants and owners through correspondences by phone, email, and counter meetings to help applicants understand State standards and provisions under SB 9, discuss preliminary design concepts, and explain permit procedures. Additionally, the City is in the process of establishing objective design standards. Objective design standards would provide greater predictability and clarity regarding design attributes for new residential development and support ministerial review and are anticipated to be completed within two years of Housing Element adoption.
The City has recently received its first SB 9 application. In an effort to encourage and facilitate development in single family zone, the City will pursue a number of technical assistance and facilitation efforts including:
• Updating the zoning code. This will include a review of developmental standards that could constrain SB 9 development and updating the zoning code to remove such constraints.
• Creating a simplified lot split form to process SB 9 projects and provide the form online
• Ensure objective design standards for SB 9 units (Program 13) This program works in conjunction with Program 23, ADU, JADU, and SB 9 Education, which provide a variety resources and outreach to homeowners regarding SB 9.
Implementing Agency: Community Development Department
Supporting Agency: Finance Department
Timeline: Zoning amendments and objective design standards by Q2 2025. Creation of simplified lot split form by Q1 2024.
Funding Source: General Fund,
Quantified Objective: Facilitation of 10 SB 9 applications. 401 of 565
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Geographic Targeting: Targeted promotion in the R1 zone. Targeted promotion of SB 9 units in neighborhoods where geographic review identifies fewer were built.
Program 5.Program 6. 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 7).
• Prepare, update, or revise EIR as appropriate to provide CEQA clearances for projects that comply with existing zoning . The City will review and update as necessary the EIR prepared for the GP and Specific Plan so that individual projects can utilize opportunities for tiering from environmental documentation and streamlining provided under CEQA, where applicable, which can reduce duplicative analyses and streamline environmental review. The City will begin the review within 3 years of Housing Element adoption and complete it within 6 years of adoption. • 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. Begin the review of environmental documents within 3 years of Housing Element adoption and complete it within 6 years of 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.
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Housing to Meet the Needs of All Income Levels and Special Needs Groups Program 6.Program 7. 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 and provide ownership of housing for moderate and lower-income households 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 8).
The City will continue to require 15 percent of the units located in new residential developments of four or more to be affordable, and of those units, 40 percent must be affordable to very low income households with the construction of units off-site as an alternative. The City will pursue creation of an in-lieu fee alternative for the inclusionary housing requirement to provide flexibility for smaller projects and to create a new funding source for affordable housing projects.
Implementing Agency: Community Development Department
Supporting Agency: Finance Department
Timeline: Three years after Housing Element adoption
Funding Source: Housing Successor Low and Moderate Income Housing Asset Fund; Contra Costa County, State and Federal funding programs as available.
Quantified Objective: Create a housing fund policy guide, create in-lieu fee alternative and funding source. For applicable development projects, maintain a minimum requirement of 15 percent inclusionary units, and of those 40 percent of units affordable to very low income households.
Geographic Targeting: Target 50 percent of affordable housing funding towards development of affordable housing and facilitating ownership of housing for moderate and lower-income households in higher opportunity areas.
Program 7.Program 8. 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 403 of 565
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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 in excess of the 15 percent inclusionary units requirementd.
The City will continue to provide incentives for lot consolidation requests made to facilitate low-income housing through strategies that may include, but are not limited to:
• Flexibility in development standards.
• Ministerial approval of lot consolidation requests made in order to facilitate development of affordable housing.
Additional incentives the City shall investigate include but are not limited to:
• Standard planning application fee waivers based on the affordability level proposed.
Implementing Agency: Community Development Department
Supporting 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.Program 9. Housing for Extremely Low, Very Low, Low, and Moderate Income Households and Special Needs Households, Including Persons with Disabilities
To encourage and facilitate the development of housing for lower income households, especially ELIextremely low income households and special needs households, including housing for persons with disabilities, the City is pursuing a number of efforts identified in this program and in coordination with other programs in the Housing Element. As identified 404 of 565
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in the needs analysis of this Housing Element, special needs households with the greatest identified need in Pinole include the elderly and persons with disabilities. Specific actions and timelines to assist in the development of housing for extremely low-, very low-, low-, and moderate-income households, as well as housing for persons with special needs are as follows:
• Develop a Housing Successor’s Low and Moderate Income Housing Asset Fund Policy that prioritizes affordable housing developments for extremely-low income households, households with special needs and households with persons with disabilities. (see Program 7). The policy guide will consider RHNA requirements, local housing needs, such as the needs of special needs households, demographics, and fair housing objectives, among other factors and will be completed within 3 years of Housing Element adoption. (see Program 7).
• Develop a fee waiver program that would provide low or no-cost building permits to age-qualified, ELI lower income households, and qualified special needs disabled households to make improvements to their home for universal design. The fee waiver program will help reduce costs for qualifying special needs households to improve their homes. The City will develop a list of qualifying households and qualifying upgrades for the program. Eligible improvements may include plumbing, roofing, water damage, accessibility/mobility modifications, and improvements to make moving around inside and outside the home easier, such as stair lifts and hand rails.
The Program will be completed with 18 months of Housing Element adoption. • Reduce parking standards for ELI lower-income household developments. Zoning Ordinance amendments for will be completed within two years of Housing Element adoption.
• Contact housing service providers within Contra Costa County to determine the best way to facilitate development of housing for extremely low-income households and special needs households, including persons with disabilities within one year of Housing Element adoption.
• 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), and other special needs households.
• Implement a waiver of park impact fees for all deed-restricted affordable units in excess of the 15 percent inclusionary units requirement within two years of Housing Element adoption (see Program 8.)
• A suite of actions to encourage development of housing for seniors as outlined Program 10. Actions include reducing parking for senior housing developments, a home sharing and tenant matching program, enhanced rebate options for energy efficient home improvements, and participation in regional programs. 405 of 565
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• Annually contact developers of special needs and lower income housing to assist in development where feasible by:
o Assisting and supporting new applications.
o Providing priority processing, in coordination with Program 8. o Evaluate fee deferrals or subsidies and design modifications. o Facilitating site acquisition.
o Hosting an annual workshop for developers to provide information on the City’s regulations regarding housing development, opportunities and sites available for development, and the City’s development incentives.
Implementing Agency: Community Development Department
Supporting Agencies: Community Services Department, Finance Department Timeline: Annual review of funding opportunities, collaboration with services providers, and contact of developers. Annual developer workshop and proactive contact of housing developers. Coordination with Contra Costa County within one year of Housing Element adoption. Use of one or more incentives for ELI lower income 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. Assist 25 lower income or special needs households with the fee waiver program. Use of one or more incentives for lower income and/or households with persons with disability housing development in one project throughout the planning period.
Program 9.Program 10. 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 9). • Enhanced rebate incentives for homeowners to make it financially feasible to undertake energy efficient and weatherization projects (per Program 19). 406 of 565
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• Promote home match shared housing programs (per Program 11), 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. Continue the partnership with the Contra Costa and Solano Food Bank to provide food resources to the community and seniors.
Additional incentives the City shall investigate include but are not limited to:
• Investigate Density Bonus beyond state law.
• Allow smaller senior units via an equivalent density unit factor that would count one senior unit as a fraction of a regular dwelling unit.
Implementing Agency: Community Development Department
Supporting Agency: Public Works Department
Timeline: Within two years of Housing Element adoption.
Funding Source: General Fund
Quantified Objective: Use of one or more incentives for senior housing development in one project throughout the planning period.
Program 10.Program 11. 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 23 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:
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• 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 23).
• 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
Quantified Objective: 10 tenant matches completed throughout the planning period.
Removal of Governmental Constraints
Program 11.Program 12. 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).
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• Review and revise standards and definitions for both group homes and residential care facilities to ensure that they are fully compliant with all appropriate state laws and that there are no constraints on group homes in the Zoning Code. This includes an amendment to allow group homes in the R zone as a permitted use by right as is allowed in all other residential zones and adding a definition of group residential to the Zoning Code.
• Review the definition of family and revise as appropriate to ensure that the definition does not require, or imply that it requires a single lease or rental agreement. • Amend the zoning ordinance to comply with state density bonus law (California Government Code section 65915). Specifically the update will increase the maximum density bonus from 35 to 50 percent, add student housing as a housing type that is eligible for density bonus incentives, reduce parking from 2 to 1.5 spaces for two and three bedroom units and from 2.5 to 2 spaces for four or more bedroom units. The City is complying with state density bonus law though the code is not yet updated. • The City will reduce the level of approval for a parking reduction or shared parking agreement from a conditional use permit to an administrative use permit, which approval by the Zoning Administrator. The City will review the four criteria for a parking reduction to evaluate additional criteria or/and reduce the minimum number of required criteria.
• The City will further study parking requirements and reduce them so they do not post a constraint on development. Specifically, the City will do one or more of the following:
remove or reduce guest parking, remove covered parking requirements, allow tandem parking, or reduce minimum parking requirements. The City is pursuing assistance with parking evaluation and reduction through MTC-ABAG’s parking policy technical assistance.
• Implementing Agency: Community Development Department Supporting Agency: N/A, MTC-ABAG (parking policy technical assistance) Timeline: Within two years of Housing Element adoption.
Funding Source: General Fund
Quantified Objective: Not Applicable
Program 12.Program 13. SB 330 Objective Design Standards and SB 35 Streamlining Compliance
SB 330 enacts changes to local development policies, permitting, and processes that will be in effect through January 1, 2025. SB 330 places new criteria on the application requirements and processing times for housing developments; prevents localities from decreasing the housing capacity of any site, such as through downzoning or increasing open space requirements, if such a decrease would preclude the jurisdiction from meeting its RHNA 409 of 565
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housing targets; prevents localities from establishing non-objective standards; and requires that any proposed demolition of housing units be accompanied by a project that would replace or exceed the total number of units demolished. Additionally, any demolished units that were occupied by lower-income households must be replaced with new units affordable to households with those same income levels.
The City will ensure compliance with SB 330, by requiring any demolished units that were occupied by lower-income households to be replaced with new units affordable to households with those same income levels and establishing objective design standards.
Pursuant to SB 330, the City will review and amend the Zoning Ordinance and Design Review Guidelines to ensure that all development standards, design guidelines, and findings are objective, and promote certainty in the planning and approval process. The objective standards will also include standards for SB 9 projects. The City has begun the process and is currently cataloging existing objective and subjective standards. Through implementing objective design standards, the City is aiming to reduce the time it takes to complete the comprehensive design review process.
The City will review its approval processes to accommodate SB 35 streamlined applications and by-right applications for permanent supportive housing and navigation centers. The City will provide information regarding the SB 35 process on its website.
Implementing Agency: Community Development Department
Supporting Agency: Public Works Department
Timeline: Within two years of Housing Element adoption.
Funding Source: General Fund, SB 2 Grant
Quantified Objective: Adopted zoning amendments. Faster permit turnaround time.
Program 13.Program 14. 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 410 of 565
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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.Program 15. 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 8)
The City is in the process of implementing an electronic permitting application and tracking system. The online permitting process will help to expedite permitting procedures and will make permitting submittals and subsequent reviews easier for applicants, including allowing applicants to review items needed for submittals, check current project status, and digitally submit materials.
Implementing Agency: Community Development Department
Supporting Agency: Public Works Department
Timeline: Within two years of Housing Element adoption. Electronic permitting process anticipated to be in place by the end of 2023.
Funding Source: General Fund
Quantified Objective: Amended zoning ordinance.
Conserve, Preserve, and Improve the Housing Stock
Program 15.Program 16. 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. 411 of 565
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• 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.Program 17. 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.
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.
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Program 17.Program 18. Housing Preservation/Below Market Rate Regulations and Conversions
The City will take appropriate steps to preserve affordable units. This includes ensuringe that the units with covenants for below-market rate unitsaffordability covenants that are close to expiration are conserved or replaced and will remain affordable to moderate and lower income households.
Specifically, the City will:
• Contact the property owners to assess their interest in extending the affordability covenant for the at-risk units.
• Work with property owners to notify tenants of potential conversion to market rate, pursuant to State law.
• Contact affordable housing developers/providers to solicit their interest and financial capacity in acquiring the at-risk units.
Additionally, the City will continue to, either by itself or through a third-party contractor, implement and monitor rental and resale restrictions for low- and moderate-income units assisted or constructed by the former Redevelopment Agency to assure that these units remain at an affordable price level as they are occupied and transferred. The City conducts annual compliance monitoring on over 300 affordable units to ensure property owners and management are complying with affordable income and rent restrictions required by City agreements. The City expects to monitor over 400 affordable units as new affordable units are constructed over the next five years. The majority of affordable units are at rental properties. The City monitors two ownership units to ensure the property owners continue living at their properties as their primary residence or sell their units to income qualified buyers.
Implementing Agency: Community Development Department
Supporting Agency: N/A
Timeline: Notification processes as covenants for below-market rate units are set to expire.
Contact of property owners and affordable housing developers/providers at least twice throughout the planning period. Monitor rental and resale restrictions annually.
Funding Source: Housing Successor Low and Moderate Income Housing Asset Fund; Contra Costa County, State and Federal funding programs as available.
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). 413 of 565
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Affirmatively Further Fair Housing
Program 18.Program 19. 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, and park quality in the western part of the City. Projects in the west side of Pinole include:
• Appian Way Complete Streets. This project includes preliminary engineering and design to provide continuous sidewalks and bike lanes along Appian Way, from unincorporated El Sobrante to about 1500 feet north of the City limit. • Pedestrian Improvements at Tennent Ave. Improvements to Tennent Avenue at the Railroad Crossing will facilitate safe movement of bicycles and pedestrians and connect the gap from Bayfront Park to Railroad Avenue that exists on the trail. • Safety Improvements at Appian Way and Marlesta Road: Safety improvements to improve crossing conditions for pedestrians and bicyclists. • Active Transportation Plan: Development of an Active Transportation Plan will act as a guide for active mobility within and around Pinole. The plan will identify an integrated network of walkways and bikeways that connect Pinole neighborhoods 414 of 565
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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. • Park Master Plan: Preparation of a park master plan will aid the City in developing a strategic approach to park maintenance and operation. The master plan will allow the City to quantify and qualify the existing park system, identify deficiencies, and develop a financial analysis of the cost to maintain and operate park assets. The master plan will also consider differences in quality between parks on a geographic level and address this accordingly in the plan.
• Improvements at Fernandez Park: Replacement of rubberized surface improvements at tot lot and replacement of existing engineered mulch with rubberized surface at older age play equipment.
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.Program 20. 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 415 of 565
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at City Hall, Pinole Library, and at the Pinole Senior Center, as well as on the City’s website.
Staff will continue to refer all fair housing complaints to ECHO Housing, a local fair housing advocacy firm, or other groups that provide comparable service.
The City will continue to encourage improved community participation and representation in all official city business, events, and communications. The City will contract with a translation service as needed for meetings, putting a standard note on all hearing notices and communications in Tagalog, Spanish and Chinese indicating that interpretation and translation services are available upon request. The City will contract with a translation service for direct on the spot translation/interpretation needs at the front counter.
The City will review demographic changes in the City to determine if translation should be provided for new or additional languages every four years. Translation to additional languages added as determined by demographic analysis.
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.Program 21. 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 20.
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. 416 of 565
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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.
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.Program 22. 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 20.
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
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Supporting Agency: Community Services Department, City Manager’s Department, Pinole Community Television
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.Program 23. 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, such as CalHOME funding for homeowners to build ADUs. 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 provide information regarding ADUs, JADUs, and SB 9 opportunities at no less than 2 events annually. Events could include workshops, a Q&A session, or presence at community events throughout the year. Examples of community events where the City may provide the information include National Night Out, the summer concert series, the Earth Day Event, and the Easter Egg Hunt.
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 20. 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 property.
This program will work in conjunction with Program 11. 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
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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 11) six months after program development. Outreach at no less than 2 events annually.
Funding Source: General Fund
Quantified Objective: Increased development of ADUs from 3 to 5 annually. Development of 1 JADU annually.
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. 419 of 565
Appendix A
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APPENDIX A: SITES INVENTORY MAP
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The numbered labels correspond with
the Site ID # in the Sites Inventory List
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APPENDIX B: SITES INVENTORY LIST
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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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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: PUBLIC PARTICIPATION
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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. 427 of 565
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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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Appendix C
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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 San Pablo Avenue and Oak Ridge
Banner at Pinole Swimming Pool Banner at Pinole Senior Center 432 of 565
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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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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 443 of 565
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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 444 of 565
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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 445 of 565
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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 446 of 565
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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
448 of 565
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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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450 of 565
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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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CITY OF PINOLE 290
Q8. “Other” responses.
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CITY OF PINOLE 291
Q9. Please describe any other considerations, policies, or programs the City should consider here:
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CITY OF PINOLE 292
454 of 565
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CITY OF PINOLE 293
455 of 565
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456 of 565
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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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CITY OF PINOLE 300
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
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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
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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
469 of 565
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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
470 of 565
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CITY OF PINOLE 309
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
472 of 565
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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
473 of 565
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CITY OF PINOLE 312
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 475 of 565
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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 476 of 565
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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 Fund26, which helps Black potential homebuyers with down payment assistance through a zero percent-interest loan, to be paid back only when the home is refinanced or sold. California Association of Realtors Housing Affordability Fund27 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.
26 https://give.richmondcf.org/campaigns/17536-black-wealth-builder-s-fund 27 https://www.car.org/difference/haf/hafclosingcostgrantprogram 477 of 565
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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. 478 of 565
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COMMUNITY WORKSHOP #1 (MAY 11, 2022)
Live Poll Results
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CITY OF PINOLE 318
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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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Appendix C
HOUSING ELEMENT UPDATE
CITY OF PINOLE 323
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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Appendix C
HOUSING ELEMENT UPDATE
CITY OF PINOLE 324
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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Appendix C
HOUSING ELEMENT UPDATE
CITY OF PINOLE 325
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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Appendix D
HOUSING ELEMENT UPDATE
CITY OF PINOLE 326
APPENDIX D: DEVELOPER LETTERS
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Appendix D
HOUSING ELEMENT UPDATE
CITY OF PINOLE 327
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Appendix D
HOUSING ELEMENT UPDATE
CITY OF PINOLE 328
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Appendix D
HOUSING ELEMENT UPDATE
CITY OF PINOLE 329
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Appendix D
HOUSING ELEMENT UPDATE
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Appendix D
HOUSING ELEMENT UPDATE
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Appendix D
HOUSING ELEMENT UPDATE
CITY OF PINOLE 332
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Appendix D
HOUSING ELEMENT UPDATE
CITY OF PINOLE 333
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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.
ATTACHMENT A, EXHIBIT B
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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. No changes to the General Plan land use designations within the City are proposed. 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). 497 of 565
PLANNING COMMISSION RESOLUTION 23-01
WITH EXHIBIT A: REVISED 2023-2031 HOUSING ELEMENT
AND EXHIBIT B: NOTICE OF EXEMPTION
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PINOLE
RECOMMENDING TO THE CITY COUNCIL THE APPROVAL OF GENERAL PLAN AMENDMENT 22-01 FOR ADOPTION OF THE REVISED 2023-2031 HOUSING ELEMENT
AND APPROVAL OF THE CEQA EXEMPTION PURSUANT TO CEQA GUIDELINES SECTION 15061(b)(3) FOR THE 2023-2031 HOUSING ELEMENT UPDATE WHEREAS, California Government Code Sections 65580-65589.8 require amendment of the City’s current General Plan Housing Element to address the assigned housing needs of current and future City residents; and
WHEREAS, the City of Pinole’s share of regional housing need is established by the Association of Bay Area Governments (“ABAG”) and this period’s related Regional Housing Needs Allocation (“RHNA”) was adopted by ABAG in December 2021; and WHEREAS, ABAG determined that Pinole’s fair share of the RHNA for the period between 2023 and 2031 is a total of 500 units in the following housing affordability income categories: 121 very low income units, 69 low income units, 87 moderate income units, and 223 above moderate income units; and
WHEREAS, on March 22, 2022, the City Council received an introduction to the Land Use Planning for Pinole process, which included the Housing Element Update as well as updates to the existing Health and Safety Element and preparation of a new Environmental Justice Element; and
WHEREAS, from March 2022 through July 2022, the City conducted extensive public outreach to understand housing needs from the community, which included creating a housing element update website, posting a multilingual survey, conducting a focus group, stakeholder interviews, and two virtual community workshops, and advertisements of engagement opportunities and information through social media, email, notifications in the City’s bi-weekly reports, mailed postcards, flyers, community TV advertisements, and banners posted throughout the city; and
WHEREAS, on July 13, 2022, the City Council and Planning Commission held a special joint meeting to receive a comprehensive status update of the project; and WHEREAS, on October 17, 2022, the public review draft of the Housing Element was released for public review and comment, with a digital copy available through the City’s webpage, which links to the dedicated General Plan Update, and a hardcopy available at City Hall;
WHEREAS, on October 24, 2022, the Planning Commission reviewed the public review draft Housing Element and provided feedback and recommendations to the City Council; and WHEREAS, on November 15, 2022, the City Council reviewed the public review draft Housing Element; and
WHEREAS, on December 2, 2022, the 2023-2031 Housing Element was prepared,
ATTACHMENT B
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which incorporated updates to the public review draft following consideration of feedback received through the public comment period, the Planning Commission meeting, and City Council meeting, and was submitted to the California Department of Housing and Community Development (HCD) for review; and
WHEREAS, on December 12, 2022, the Planning Commission reviewed the 2023-2031 Housing Element and recommended adoption to the City Council; and WHEREAS, on January 17, 2023, the City Council reviewed and adopted the 2023-2031 Housing Element; and
WHEREAS, on January 30, 2023, City staff received preliminary review comments on the 2023-2031 Housing Element from HCD; and
WHEREAS, on February 17, 2023, City staff prepared and published an updated draft of the 2023-2031 Housing Element to respond to preliminary review comments received from HCD; and
WHEREAS, on March 2, 2023, City staff received formal review comments on the 2023- 2031 Housing Element from HCD; and
WHEREAS, on March 24, 2023, City staff prepared and published the revised 2023- 2031 Housing Element based on preliminary and formal review comments received from HCD; and
WHEREAS, the City initiated consultation with Native American Tribes to invite consultation on the Housing Element update, pursuant to SB18, via email sent on December 19, 2022, certified mail sent on December 21, 2022, and followed up with phone calls on December 21, 2023 and January 5, 2023; and
WHEREAS, the City received one written request via email for maps on February 22, 2023, replied to the email with map attachments on February 27, 2023, and received no further comments; and
WHEREAS, the City prepared the revised 2023-2031 Housing Element in consideration of State and local planning policies and local conditions and context, including economic, environmental, and fiscal factors; and
WHEREAS, the Housing Element must be adopted to comply with State law, affirmatively further fair housing, and facilitate and encourage a variety of housing types for all income levels, including multifamily housing; and
WHEREAS, the Housing Element update qualifies for an exemption in the California Environmental Quality Act (“CEQA”) under CEQA Guidelines Section 15061(b)(3), as 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, and no changes to General Plan land use designations within the City are proposed; and WHEREAS the Planning Commission held a duly noticed public hearing on March 27, 2023, and considered the staff report and related background documents and materials as well as the testimony of all persons speaking or providing information on this matter; and 499 of 565
NOW THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Pinole hereby recommends that the City Council approve General Plan Amendment 22-01 to adopt the revised 2023-2031 Housing Element, attached as Exhibit A, to repeal and replace the existing Housing Element of the General Plan, and approve the CEQA Exemption for the Housing Element Update, attached as Exhibit B, based on the following determinations:
1. The above information within this resolution is true and correct; and
2. The Housing Element Update qualifies for a California Environmental Quality Act (CEQA) Exemption under CEQA Guidelines section 15061(b)(3); and
3. The amendments to the City’s General Plan Housing Element are consistent with applicable provisions of State law.
BE IT FURTHER RESOLVED THAT that the Planning Commission of the City of Pinole hereby recommends that the City Council authorize the City Manager to make iterative changes to the revised 2023-2031 Housing Element in response to comments from HCD to support state certification of the revised 2023-31 Housing Element. Such changes by the City Manager shall not change the policy of the City or include any legislative actions.
PASSED AND ADOPTED by the Planning Commission of the City of Pinole on this 27th day of March 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________________
Ann Moriarty, Chair 2022-2023
ATTEST:
________________________________
David Hanham, Planning Manager
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EXHIBIT A
REVISED 2023-2031 HOUSING ELEMENT
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EXHIBIT B
NOTICE OF EXEMPTION
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Response to HCD Comments for the City of Pinole’s 6th Cycle (2023-2031) Draft Housing Element 3/24/2023
1 2
3 4
5 6
7 A B C D E F
# Chapter Topic Comment Section / Page Number Summary of Response 1 A. Housing Needs
Resources and
Constraints
Housing Costs While the element includes estimated rents for residents, it utilizes American Community Survey (ACS) data. The element should supplement census data with other sources (e.g., local knowledge).
Rental Prices: 51-52 Expanded the Rental Prices section to include a local average rent data source to supplement census data . 2 A. Housing Needs
Resources and
Constraints
Disproportionate
Housing Needs,
Including
Displacement Risk:
The element includes some general information on persons experiencing homelessness and housing conditions but should also evaluate those needs, impacts and patterns within the City, such as areas of higher need. For homelessness, the element should examine patterns of need or areas with higher concentrations of persons experiencing homelessness, including access to
transportation and services.
For housing conditions, the element should discuss any areas of potentially higher needs of rehabilitation and replacement. The element should utilize local data and knowledge such as service providers and code enforcement officials to assist this analysis.
Disproportionate Housing
Needs: Substandard
Housing and Displacement;
172-173, 175-178
Conducted a review of code enforcement cases from 2020 through 2023 and identified both homeless encampment cases and substandard housing cases. Mapped each type of cases, analyzed spatial trends, and provided resources available for each group.
Conducted outreach with the Pinole Police department to identify homeless encampment areas in the City and for local knowledge from the Pinole Police Department's Homeless Outreach Program.
Added Figure 46 - a map of homeless spots identified by code enforcement cases and through the Police Department's Homeless Outreach.
Updated the PITC information to 2020 data, as Contra Costa County is unable to verify the 2022 data and the 2023 data is not out. 3 A. Housing Needs
Resources and
Constraints
Local Data and
Knowledge
The element must include local data, knowledge, and other relevant factors to discuss and analyze any unique attributes about the City related to fair housing issues. The element should complement federal, state, and regional data with local data and knowledge where appropriate to capture emerging trends and issues, including utilizing knowledge from local and regional advocates and service providers, City staff and related local and county planning documents and service providers, City staff and related local and county planning documents and should include an analysis of the history of exclusionary zoning in the City as well as how it contributes to existing patterns of segregation.
Disproportionate Housing
Needs: Substandard
Housing and Displacement;
172-173, 175-178, Other
Contributing Factors: 180-
184, Appendix D
The Housing Element was revised to include additional local data and knowledge from local sources. The following updates were made:
- An analysis and review of code enforcement data from the past three years as it relates to homeless encampments and substandard housing
- Information on the location of homeless encampments from the City of Pinole Police Department - Data on participation by census tract in BayREN programs over the last 8 years - Information from developers who have recently gone through the permitting process in the City - The experience of local real estate professionals regarding fair housing in the City - Additional review of the survey responses from residents discussing their experience with segregation and fair housing issues in the City
4 A. Housing Needs
Resources and
Constraints
Affirmatively
Furthering Fair
Housing (AFFH) and
Sites Inventory:
The element must analyze how the identified sites contribute to or mitigate fair housing issues. An analysis should address all of the income categories of identified sites with respect to location, the number of units by all income groups and how that affects the existing patterns for all components of the assessment of fair housing (e.g., segregation and integration, access to opportunity).
If sites exacerbate conditions or isolates the RHNA by income group, the element should identify further program actions (not limited to the RHNA) that will be taken to promote equitable quality of life throughout the community (e.g., housing mobility and new opportunities in higher resource areas)
AFFH: 141-143 Added a table to the City Overview in the AFFH to compare the tracts in the City and to show that there is no significant, pervasive pattern of segregation that could be exacerbated by site selection or location. Included a map to show the bounds of the census tracts that intersect with Pinole to illustrate that may discrepancies in the opportunity scoring may be do to land uses outside the City bounds. Cited programs that promote housing mobility and housing options of various income levels in high opportunity areas 5 A. Housing Needs
Resources and
Constraints
Contributing Factors
to Fair Housing
Issues
Based on the outcomes of a complete analysis, the element must re-assess and prioritize contributing factors to fair housing issues.
Fair Housing Issues,
Contributing Factors, and
Meaningful Action: 183,
185-200
Re-prioritized contributing factors, including moving access to opportunities from a Moderate priority to a High priority. Updated program list to include SB 9 program to promote housing mobility Response to HCD Letter dated March 2. 2023
1 ATTACHMENT C
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Response to HCD Comments for the City of Pinole’s 6th Cycle (2023-2031) Draft Housing Element 3/24/2023
1 2
A B C D E F
# Chapter Topic Comment Section / Page Number Summary of Response 8 9
10 11
6 A. Housing Needs
Resources and
Constraints
Progress toward the
Regional Housing
Needs Allocation
(RHNA):
The housing element appears to rely on approved and pending projects to accommodate a portion the City’s regional housing need for lower-income households. While the housing element includes the number of units for each project by income group, it should also demonstrate the affordability, specifically for moderate income units. The element should utilize anticipated or actual rents, sales prices, or other mechanisms (e.g., financing, affordability restrictions) ensuring their affordability.
Entitled and Pending
Projects; 210-216
Added clarification that all of the lower and moderate income units in the pending projects will be deed restricted. Projects with affordable units are deed-restricted for a length of 55 years. All very low, low, and moderate income units listed in Table 78 will be deed-restricted. Agreements approved by City Council are required for all projects with affordable (including moderate-income) units to document the terms of affordability. The approval of agreements are required prior to final inspection 7 A. Housing Needs
Resources and
Constraints
Suitability of NonVacant SitesThe element should analyze the extent that existing uses may impede additional residential development. For example, the element could describe examples (City or comparable areas) of converting existing uses to higher density residential
development, include current market demand for the existing use, provide analysis of existing leases or contracts that would perpetuate the existing use or prevent additional residential development and include current information on development trends and market conditions in the City and relate those trends to the sites identified. The element should also consider indicators such as age and condition of the existing structure, existing versus allowable floor area, low improvement to land value ratio, as well as acreage of properties and support the validity of those assumptions based on recent trends or other information.
Non-Vacant Sites: 221-223 Expanded non-vacant sites analysis to include a table to compare year built, acreage, land improvement ratio, maximum density an allowable vs actual FAR of pending projects and opportunity sites to support development assumptions. The non-vacant sites share similarities with recently developed projects and are comparable when considering age, LIR, acreage, allowable density, and existing vs allowable floor area ratio.
8 A. Housing Needs
Resources and
Constraints
Zoning for a Variety
of Housing Types
Emergency Shelters: For your information, if applicable, the element may need to address new requirements related to capacity and other factors for emergency shelters. For more information, including timing requirements, please see HCD’s memo at
https://www.hcd.ca.gov/sites/default/files/docs/planning-andcommunity/ab2339-notice.pdf Emergency Shelters: 105-
106
The City is compliant with AB 2339 (2023) that requires zoning designations identified to allow emergency shelters as a permitted use without a conditional use or other discretionary permits also allow residential uses. The City allows emergency shelters without a conditional use or other discretionary permits in the OIMU zone. This is a mixed-use zone that also permits residential use including two-family dwellings, ADUs, JADUs, supportive housing, and transitional housing. The OIMU in the service sub-area also allows livework facilities and allowed multi-family residential with a CUP. 9 A. Housing Needs
Resources and
Constraints
Zoning for a Variety
of Housing Types
Permanent Supportive Housing: Supportive housing shall be a use by-right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses pursuant to Government Code section 65651. The element must demonstrate compliance with this requirement and include programs as appropriate.
Supportive and
Transitional Housing; 106-
107
Supportive housing is a permitted use by-right in every residential zone in the City. This includes all zones in the City were multifamily and mixed uses are allowed, as well as nonresidential zones permitting multifamily uses, as shown in Table 59.
Transitional is also permitted use by-right in every zone in the City were multifamily and mixed uses are allowed, as well as nonresidential zones permitting multifamily uses, as shown in Table 59. Transitional housing is not permitting in the rural (R) zone; however, only single-family dwellings are permitted in this zone, and no multifamily uses or mixed-use are permitted.
As defined in section 17.22.020 of the Pinole Municipal Code, both supportive and transitional housing “shall be permitted, conditionally permitted or prohibited in the same manner as other residential dwellings of the same type in the same zone under this code and applicable state law.”
2 Response to HCD Letter dated March 2. 2023
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Response to HCD Comments for the City of Pinole’s 6th Cycle (2023-2031) Draft Housing Element 3/24/2023
1 2
A B C D E F
# Chapter Topic Comment Section / Page Number Summary of Response 12 13
14 15
16 10 A. Housing Needs
Resources and
Constraints
Electronic Sites
Inventory:
Pursuant to Government Code section 65583.3, subdivision (b), upon adoption of the housing element, the City must submit an electronic version of the sites inventory with its adopted housing element to [email protected]. Please note, the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/planning-and-communitydevelopment/housing-open-data-tools/housing-elementdownload-tool for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance.
N/A The electronic sites inventory was submitted to HCD on 03-07-23. 11 A. Housing Needs
Resources and
Constraints
Land Use Controls: The element must identify and analyze all relevant land use controls impacts as potential constraints and evaluate the cumulative impacts of land use controls on the cost and supply of housing, including the ability to achieve maximum densities and cost and supply of housing. Specifically, the element should analyze heights and setbacks and add or modify programs as necessary.
Cumulative Effect of
Development Standards:
97-98
New table shows how the maximum density is met and exceeded in recent projects with existing development standards. This comparison and analysis includes heights and setbacks. In some cases project exceed density maximums by leveraging concessions for density bonuses and inclusionary housing.
12 A. Housing Needs
Resources and
Constraints
Parking
Requirements:
The element must analyze the parking requirements (pp. III-7) for multifamily residential dwellings for its impact as a potential constraint on housing and include a program to address identified constraints. For additional information, see the Building Blocks at https://www.hcd.ca.gov/planning-and-communitydevelopment/housing-elements/building-blocks/land-usecontrols.
Development Standards:
94-96
Program 12: 248-250
Added a cost estimate per parking space. Added a commitment to Program 12 to do one of more of the following: remove or reduce guest parking, remove covered parking requirements, allow tandem parking, and reduce minimum parking requirements. 13 A. Housing Needs
Resources and
Constraints
Building Codes: The element should identify any local amendments to building codes analyze impacts on housing costs.
California Building Code:
121-122
Expanded California Building Code section to include analysis of local amendments to the building code for impacts on housing costs. 14 A. Housing Needs
Resources and
Constraints
Housing for Persons
with Disabilities
The element describes the City’s definition of family utilized in zoning then concludes its not a constraint but should include analysis to support this conclusion or consider other conclusions.
For example, the family definition appears to require a single lease agreement which may be an impediment to housing for persons with disabilities.
In addition, the element should describe and analyze which zones permit group homes (regardless of licensing) for six or fewer and seven or more persons and the accompanying permit procedures.
An analysis should address any exclusion of group homes from residential zones and permit procedures such as conditional use permits which may act as a constraint on housing for persons with disabilities.
Housing for Persons with
Disabilities: 120-121
Added an analysis regarding group residential homes to the Housing for Persons with Disabilities section. There are no restrictions on group residential in single or multi-family zones. A conditional use permit is required in the mixed-use zones. The group residential use does not have any cap or limit on the number of residents. There is no difference in review or policy for group homes with more than six residents. Modified Program 12 to include amending the Zoning Ordinance so that group residential is allowed in the R zone, a definition of group homes is added, and to make any other modifications to group home and residential care facility requirements to ensure they are compliant with state law and additionally do not pose any constraints on housing for persons with disabilities.
Added clarification that the single lease agreement is an example, not a requirement. Modified Program 12 to include a review and revision of the definition of household to ensure clarity that a single lease is not required. 3 Response to HCD Letter dated March 2. 2023
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Response to HCD Comments for the City of Pinole’s 6th Cycle (2023-2031) Draft Housing Element 3/24/2023
1 2
A B C D E F
# Chapter Topic Comment Section / Page Number Summary of Response 17 18
19 15 A. Housing Needs
Resources and
Constraints
Processing and
Permit Procedures
The element must describe and analyze permit processing procedures as potential constraints on housing supply, cost, timing, feasibility and approval certainty, particularly for residential development affordable to lower-income households.
The element should discuss what processes are discretionary versus ministerial and clarify whether design review is discretionary. Further, design review processes should be analyzed for impacts on the number of units and denial of projects as well as disparities in processing times between single family and multifamily housing projects.
Further, the element should analyze the total average permit processing time between single family and multifamily housing.
Permit Processing
Procedure: 108-114
Added a step-by-step outline of the permitting process in Pinole and 7 examples of the permitting timelines, 5 multifamily and 2 single family examples.
Added a subsection for the discretionary design review processes. The City conducted a review of recent projects since 2015 that went through the Comprehensive Design Review Process. The Comprehensive Design Review process was not used to reduce the density, size of units, or number of units for any project. Two recent projects increased in size throughout the review process, with the Pinole Vista projecting increasing from 214 to 223 units and the Hazel Street subdivision increasing from three to four units, including one unit for sale at the moderate income level. All of the reviewed projects were approved in one Planning Commission hearing. 16 A. Housing Needs
Resources and
Constraints
Approval Time and
Requests for Lesser
Densities:
The element must address requests to develop housing at densities below those anticipated in the sites inventory and the length of time between receiving approval for housing
development and submittal of application for building permits.
The analysis must address any hinderances on housing
development and programs should be added as appropriate.
Requests to Develop Below
The Anticipated Density:
123-124
Clarified and added analysis to "Requests to Develop Below Anticipated Density" section. The City received 3 requests for development on 5th cycle sites. All of the sites developed with more units than projected on the 5th Cycle Housing Element. Two sites developed at higher densities, and one developed at a lower density, but developed with an adjacent parcel, so still yielded more nits. 17 B. Housing Programs As noted in Finding A3, the element does not include a complete site analysis; therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types.
Entitled and Pending
Projects; 210-216, NonVacant Sites: 221-223
The Housing Element has been revised to include a complete sites analysis. Revisions to the sites inventory included:
- Clarification that all lower and moderate income units in the approved projects with be deed restricted for a period of 55-years. - Adding a table of recent development trends comparing qualities of the two non-vacant sites in the inventory and recent projects in Western Contra Costa County. This analysis helped to show trends that the non-vacant sites and the recently developed sites have in common to establish the viability of the two sites in the inventory. Factors considered include acreage, building age, and LIR, among others.
Reduce parking standards for ELI lower-income household developments. Zoning Ordinance amendments for will be completed within two years of Housing Element adoption.
- 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 within one year of Housing Element adoption. - 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), and other special needs households.
- Implement a waiver of park impact fees for all deed-restricted affordable units in excess of the 15 percent inclusionary units requirement within two years of Housing Element adoption (see Program 8.) - A suite of actions to encourage development of housing for seniors as outlined Program 10. 4 Response to HCD Letter dated March 2. 2023
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# Chapter Topic Comment Section / Page Number Summary of Response 20 21
22 23
18 B. Housing Programs Assist in
Development
Programs:
The element must include a program(s) with specific actions and timelines to assist in the development of housing for extremely low-, very low-, low-, and moderate-income households, including specific actions to assist housing for persons with special needs (e.g., farmworkers, elderly, homeless and persons disabilities, including developmental).
Program 9: 243-245 Program 9: Housing for Lower Income Households and Special Needs Households, Including Persons with Disabilities, was modified to include more specific actions and timelines.
Specific actions and timelines included in the Program are:
- Develop a Housing Successor’s Low and Moderate Income Housing Asset Fund Policy that prioritizes affordable housing developments for extremely-low income households, households with special needs and households with persons with disabilities. The policy guide will consider RHNA requirements, local housing needs, such as the needs of special needs households, demographics, and fair housing objectives, among other factors and will be completed within 3 years of Housing Element adoption. (see Program 7). - Develop a fee waiver program that would provide low or no-cost building permits to age-qualified, ELI lower income households, and qualified special needs disabled households to make improvements to their home for universal design. The fee waiver program will help reduce costs for qualifying special needs households to improve their homes. The City will develop a list of qualifying households and qualifying upgrades for the program. Eligible improvements may include plumbing, roofing, water damage, accessibility/mobility modifications, and improvements to make moving around inside and outside the home easier, such as stair lifts and hand rails. 19 B. Housing Programs As noted in Findings A4 and A5, the element requires a complete analysis of potential governmental and nongovernmental
constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.
Program 12: 248-250 The Housing Element has been revised to include a complete constraints analysis. Revisions and additions to the constraints chapter include:
- An analysis of how recent projects meet and exceed the maximum density with the City's existing development standards, including an analysis on setbacks and heights
- A clarified, step-by-step outline of the permitting process -Recent projects timelines showing the timelines of the permitting process - Clarification that the City has received 3 developments on 5th Cycle sites. One development yielded lower density than anticipated, though still had 43 more units than anticipated as it was developed with an adjacent parcel - An added a commitment to Program 12 to do one of more of the following: remove or reduce guest parking, remove covered parking requirements, allow tandem parking, and reduce minimum parking requirements. 20 B. Housing Programs As noted in Finding A2, the element must include a complete assessment of fair housing. Based on the outcomes of that analysis, the element must add or modify programs. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitment, metrics, milestones, and geographic targeting as appropriate and must address housing mobility enhancement, new housing choices and affordability in high opportunity areas, place-based strategies for community preservation and
revitalization and displacement protection.
Housing Programs: 235-
257
The Housing Element has been revised to include a complete analysis of fair housing. Revisions and additions to the AFFH section include:
- A spatial analysis of homelessness and local data from code enforcement and the Pinole Police Department - A spatial analysis of substandard housing using data from code enforcement - Local data on BayREN programs participation over the last 8 years - A summary of sources used for local data including code enforcement, BayREN, Contra Costa County, local real estate professionals, developers with projects in the City, and knowledge from the planning department - Additional analysis on how RHNA sites do not exacerbate, but improve, fair housing conditions. 21 B. Housing Programs ADU Programs While the element includes Program H2-4: Accessory Dwelling Units (ADUs), which includes a commitment to create a public outreach program to encourage ADU development, it does not include a timeline of when or how often the outreach will occur.
The Program should be revised to include a timeline which sets forth a schedule of actions during the planning period.
Program 23: 256-257 The City will provide information regarding ADUs, JADUs, and SB 9 opportunities at no less than 2 events annually. Events could include workshops, a Q&A session, or presence at community events throughout the year. 5 Response to HCD Letter dated March 2. 2023
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# Chapter Topic Comment Section / Page Number Summary of Response 24 22 C. Public Participation While the element includes a general summary of the public participation process. The element could describe the efforts to circulate the housing element among lower- and moderateincome households and organizations that represent them and to involve such groups and persons in the element throughout the process. In addition, the element should also summarize the public comments and describe how they were considered and incorporated into the element.
Public Participation: 5, 9-
10, 12-13
AFFH: 134
Expanded on the Public Participation section to include outreach efforts to developers during the 90-day HCD review. Added a summary of the two letters that were received prior to and during the public review period.
Expanded on the Outreach section in the AFFH Chapter to discuss efforts to reach lower-and moderate-income individuals as well as included Program 20-22 to show the City's commitment for continued outreach to service providers and lower-income population. 6 Response to HCD Letter dated March 2. 2023
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29 30
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# Chapter Topic Comment Section / Page Number Summary of Response Initial Informal
Comment
Housing Needs
Assessment
Lower Income
Households
Overpaying
While the element includes overall overpayment analysis, the element should include explicit data regarding overpayment.
Housing Needs: Housing
Stock Characteristics; 56
The HE includes overpayment by income level and tenure, including low, very low, and extremely low income households broken down in Table 28 with a county comparison. The element also includes overpayment by extremely low income households in Table 53.
Added Table 29 to sum overpayment data for each of the lower income levels.
Initial Informal
Comment
Housing Needs
Assessment
People with
Developmental
Disabilities
The element should supplement census data with other sources (e.g., local knowledge).
Housing Needs: Special
Housing Needs; 63, 78 - 79,
Program 9: 243 - 245
Added local disability data to needs section; Table 35 lists resources available in the City for persons with developmental disabilities.
Local services to support persons with developmental disabilities include Cole Vocational Services and Pathway to Choices, which provide living services, adult day programs, behavior management, and competency training to people with developmental disabilities.
Program 9 includes developing a fee waiver program that would provide low or no-cost building permits to age-qualified, ELI households, and households with persons with disabilities to make improvements to their home for universal design.
Initial Informal
Comment
Sites Inventory and
Analysis
RHNA Progress The element must describe and analyze availability, including any known barriers, phasing, build out horizons, drop out rates and anticipated completion. Affordability should be established.
Sites and Resources:
Entitled and Pending
Projects; Realistic
Capacity; 210, 327 - 334
Added a subsection documenting the status of each large pending projects, including short approval time frame. Added Appendix D of letters from developers indicating their anticipation of and commitment to completing their projects within the next 8 years.
The City reviewed its 5th Cycle applications and found no projects that were withdrawn, reduced in size, or denied.
Added note that affordability is maintained through agreements approved by City Council prior to receiving the certificate of occupancy of the project.
Initial Informal
Comment
Sites Inventory and
Analysis
Realistic Capacity The element must describe and analyze the likelihood for 100 percent non-residential uses in zones that allow commercial development
Sites and Resources:
Realistic Capacity; 204
Added discussion of capacity for 100 percent non-residential uses and recent commercial to commercial redevelopment. All sites are in zones that allow 100% residential development. The realistic capacity calculations take into consideration the capacity for commercial development through the reduction of residential yield from the 106.5% in zones that allow commercial use to 70%.
Initial Informal
Comment
Zoning for a Variety
of Housing Types
ADUs The City ADU ordinance was found out of compliance, HCD to send ADU team letter. The element must demonstrate compliance with this requirement and include programs as appropriate.
Affordability of ADUs should be established.
Sites and Resources:
Accessory Dwelling Units;
103,
Program 4: 238 - 240
The City streamlines the permitting of ADUs by processing them as a plan check of a building permit and does not require separate planning permits for ADUs. Program 4 includes the necessary revisions to the ADU ordinance to comply with State Law: 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. If annual production and affordability rates do not match the estimates included in the Sites and 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 or identify additional sites using the additional development opportunity list the City maintains.
Initial Informal
Comment
Zoning for a Variety
of Housing Types
Emergency Shelters Development standards cleared up with program 11. However, emergency shelters are only allowed in one zone, and through discretionary review. Should be allowed by right. Establish suitability of zone/ adjacent to transportation and fit for human habitation. The element must demonstrate compliance with this requirement and include programs as appropriate.
Fair Housing Issues,
Contributing Factors, and
Meaningful Action: 183,
185-200
Program 11 is included to revise emergency shelter standards so that they comply with state law.
The Zoning Ordinance permits emergency shelters by right in the OIMU zone subject to the same development and management standards as other permitted uses in the zone. Emergency shelters are allowed by-right in the OIMU zone in the Three Corridor specific plan. This area along San Pablo is fit for human habitation, has access to infrastructure, is within 0.5 miles of transit stops, along the most walkable area in Pinole, and provides access to employment centers and commercial amenities. There are a number of residential uses at varying densities adjacent to this zone. The zone does not allow for heavy industrial uses. Other residential uses allowed in the OIMU zone include two-family dwellings, ADUs and JADUs, supportive housing, and transitional housing. The element identified 5.6 acres of vacant OIMU uses, which is more than adequate to provide for capacity for emergency shelters for the City's PITC (7).
Informal Comments from Meeting with HCD on January 30, 2023 - Resolved with Interim Draft dated February 17, 2023 1 509 of 565
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35 36
37 38
39 40
Initial Informal
Comment
Governmental and
Non-governmental
Constraints
SROs SROs are approved through conditional use permit only. The element must demonstrate compliance and include a program to facilitate construction.
Constraints on Housing:
Providing for a Variety of
Housing Types; 107
Program 8: 242 - 243
Program 9: 243 - 245
The Housing Element was revised provide the following analysis on SROs in the City: There is no potential constraint on the development of SRO residences. The code allows the construction of very small, efficiency, or micro-units of all affordability levels in all zones that allow residential uses.
The City’s definition for SROs is “multi-unit housing for very low-income persons that typically consists of a single room and shared bath and also may include a shared common kitchen and common activity area. SROs may be restricted to seniors or be available to persons of all ages. Subsidized versions may be supervised by a government housing agency.” SROs are eligible for reduced parking standards through Program 9 and affordable housing incentives in Program 8.
Initial Informal
Comment
Governmental and
Non-governmental
Constraints
SB330 The element should include a program to establish compliance with SB 330 and needs more specific language.
Housing Programs:
Program 13; 248 - 249
Included Program 13 language to constraints section;
Modified Program 13 (SB 330 compliance) to provide specific language that the City will ensure compliance with SB 330, by requiring any demolished units that were occupied by lower-income households to be replaced with new units affordable to households with those same income levels and establishing objective design standards.
Initial Informal
Comment
Governmental and
Non-governmental
Constraints
Fees The element must describe and analyze impact fees used in cumulative analysis and provide a comparison to neighboring jurisdictions
Constraints: Planning,
Building, and Development
Impact Fees; 119, 115
Program 14: 249 - 250
Added total row for development impact fee table by use. Included neighboring jurisdictions to the Planning Related Fees table as well as included a Regional Fee Comparison section. Noted that most of the Pinole fees compare favorably with fees required by other cities in the region. Referenced Program 14, Fee Evaluation and Publicization, including review of development impact fees by Q4 2023. Noted that the 2022 Fee Study led to a reduced fee schedule. A developer specifically noted that the reduced fees in Pinole were attractive and were more fair for larger projects. Table 64 demonstrates that the review fees are proportionate - smaller for smaller, missing middle projects. Also noted that ADUs are processed ministerially with just a building permit, not a separate planning permit or fee.
Initial Informal
Comment
Governmental and
Non-governmental
Constraints
On-/Off-site
Improvements
The element must describe and analyze development standards and evaluate cost impacts for on and off site improvements.
Constraints: On-and OffSite Improvements; 123 -
124
Program 3: 237 - 238
Added specific standards of on and off-site improvements and evaluated the cost of their requirement.
Added technical assistance and coordination with PG&E to assist with facilitating the requirement of undergrounding utilities to Program 3
Initial Informal
Comment
Governmental and
Non-governmental
Constraints
Ordinance Analysis The inclusionary housing requirement needs more analysis as a constraint, such as the lack of an in-lieu fee and application to quadplexes. Include or revise programs as appropriate.
Constraints: Inclusionary
housing; 98
Program 6: 241
Added trends of recent development to establish that 40% is not a constraint to development. Included a recent example where the developer proposed more than (48%) the minimum 40% very low income units. This and other recently approved market and affordable housing projects demonstrate that the cumulative regulations are resulting in the desired effect of meeting over 80% of the City's RHNA before the 8-year planning period began.
Clarified that Program 6 commits to creating an in-lieu fee so that the inclusionary housing ordinance is not a constraint on smaller projects.
Initial Informal
Comment
Governmental and
Non-governmental
Constraints
Density Bonus The element must establish compliance / add specificity to its density bonus program.
Constraints on Housing:
Density Bonus; 100
Program 12: 247 - 248
The Housing Element notes that the existing density bonus provisions need to be updated to be compliant with current state law and that the City is implementing and complying with State standards. Program 12 includes an update to ensure compliance with density bonus law, and specifically identifies required revisions.
Specifically the update will increase the maximum density bonus from 35 to 50 percent, add student housing as a housing type that is eligible for density bonus incentives, reducing parking from 2 to 1.5 spaces for two and three bedroom units and from 2.5 to 2 spaces for four or more bedroom units. The City is complying with state density bonus law though the code is not yet updated.
Initial Informal
Comment
Governmental and
Non-governmental
Constraints
Conserve and
Improve, preserving
outreach
The element must include a housing preservation program. Program 18: 251 - 252 Modified/clarified that Program 18 is a preservation of below market rate units in the City.
Initial Informal
Comment
Governmental and
Non-governmental
Constraints
Affirmatively
Furthering Fair
Housing
Element must include timing for alternative actions if assumptions regarding sites and approved projects are not met.
Program 1: 235 - 236; 239 Amended Program 1 to add a mid-cycle review of the HE to ensure adequate sites and progress in 2027. Modified ADU program to ensure additional programs or strategies within 6 months of any identified shortfall. 2 510 of 565
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# Chapter Topic Comment Section / Page Number Summary of Response Informal Comments from Meeting with HCD on January 30, 2023 - Resolved with Interim Draft dated February 17, 2023 41 Initial Informal
Comment
Governmental and
Non-governmental
Constraints
ADUs Element must include timing for alternative actions if assumptions regarding ADU production not met.
Programs: Adequate Sites
and Housing Production to
Meet Regional Needs; 239
Modified Program 4 to state that if ADU production does not match the estimates in the sites inventory the City will either adopt additional ADU programs or identify additional sites using the additional development opportunity list the City maintains. 3 511 of 565
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
March 2, 2023
Lilly Whalen, Director
Community Development Department
City of Pinole
2131 Pear Street
Pinole, CA 94564
Dear Lilly Whalen,
RE: City of Pinole’s 6th Cycle (2023-2031) Draft Housing Element Thank you for submitting the City of Pinole (City) draft housing element update received for review on December 2, 2022, along with revisions received February 17, 2023.
Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. HCD considered comments from YIMBY Law, CarLa and 350 Contra Costa, pursuant to Government Code section 65585, subdivision (c). as well as conversations facilitated by City Staff on January 30 and February 28, 2023.
The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code).
The enclosed Appendix describes the revisions needed to comply with State Housing Element Law.
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (January 31, 2023), then any rezoning to make prior identified sites available or accommodate the regional housing needs allocation (RHNA), including for lower-income households, shall be completed no later than one year from the statutory
ATTACHMENT D
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Lilly Whalen, Director