Pinole City Council
June 10, 2024

PINOLE PLANNING COMMISSION

MEETING AGENDA
June 10, 2024
7:00 PM
Attend in Person: PINOLE CITY COUNCIL CHAMBERS - 2131 PEAR STREET OR
Attend VIA ZOOM TELECONFERENCE – Details provided below How to Submit Public Comments:

In Person:

Attend meeting at the Pinole City Council Chambers, fill out a yellow public comment card and submit it to the City Clerk.

Via Zoom:

Members of the public may submit a live remote public comment via Zoom video conferencing. Download the Zoom mobile app from the Apple Appstore or Google Play. If you are using a desktop computer, you can test your connection to Zoom by clicking here. Zoom also allows you to join the meeting by phone.

From a PC, Mac, iPad, iPhone or Android:
https://us02web.zoom.us/j/86505375301
Webinar ID: 865 0537 5301
By phone: +1 (669) 900-6833 or +1 (253) 215-8782 or +1 (346) 248-7799 • Speakers will be asked to provide their name and city of residence, although providing this is not required for participation.
• Each speaker will be afforded up to 5 minutes to speak • Speakers will be muted until their opportunity to provide public comment.

When the Chair opens the comment period for the item you wish to speak on, please use the “raise hand” feature (or press *9 if connecting via telephone) which will alert staff that you have a comment to provide and press *6 to unmute. To comment with your video enabled, please let the City Clerk know you would like to turn your camera on once you are called to speak.

Written Comments:

Please submit public comments to Planning Staff before the meeting via email to [email protected].

Please include your full name, city of residence and agenda item you are commenting on.

Planning Commission
Agenda - June 10, 2024

OTHER WAYS TO WATCH THE MEETING
LIVE ON CHANNEL 26. They are retelecast the following week. The Community TV Channel 26 schedule is published on the city’s website at www.ci.pinole.ca.us.

VIDEO-STREAMED LIVE ON THE CITY’S WEBSITE, www.ci.pinole.ca.us and remain archived on the site for five (5) years.

If none of these options are available to you, or you need assistance with public comment, please contact Planning Manager David Hanham at (510) 724-8912 or [email protected].

Americans With Disabilities Act: In compliance with the Americans With Disabilities Act of 1990, if you need special assistance to participate in a City Meeting or you need a copy of the agenda, or the agenda packet in an appropriate alternative format, please contact the City Clerk’s Office at (510) 724-8928. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.

Note: Staff reports are available for inspection on the City Website at www.ci.pinole.ca.us. You may also contact the City Clerk via e-mail at [email protected].

CITIZEN PARTICIPATION:

Persons wishing to speak on an item listed on the Agenda may do so when the Chair asks for comments in favor of or in opposition to the item under consideration. After all of those persons wishing to speak have done so, the hearing will be closed and the matter will be discussed amongst the Commission prior to rendering a decision.

Any person may appeal an action of the Planning Commission or of the Planning Manager by filing an appeal with the City Clerk, in writing, within ten (10) days of such action. Following a Public Hearing, the City Council may act to confirm, modify or reverse the action of the Planning Commission and the Planning Commission may act to confirm, modify, or reverse the action of the Planning Manager. The cost to appeal a decision is $500 and a minimum $2,500 deposit fee.

Note: If you challenge a decision of the Commission regarding a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in writing delivered to the City of Pinole at, or prior to, the public hearing.

Ralph M. Brown Act. Gov. Code § 54950. In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people's business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly. The people of this State do not yield their sovereignty to the agencies, which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.

Planning Commission
Agenda - June 10, 2024

A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. LAND ACKNOWLEDGMENT
Before we begin, we would like to acknowledge the Ohlone people, who are the traditional custodians of this land. We pay our respects to the Ohlone elders, past, present, and future, who call this place, Ohlone Land, the land that Pinole sits upon, their home. We are proud to continue their tradition of coming together and growing as a community. We thank the Ohlone community for their stewardship and support, and we look forward to strengthening our ties as we continue our relationship of mutual respect and understanding.

D. ROLL CALL
E. CITIZENS TO BE HEARD
The public may address the Planning Commission on items that are within its jurisdiction and not otherwise listed on the agenda. Planning Commissioners may discuss the matter brought to their attention, but by State law (Ralph M. Brown Act), action must be deferred to a future meeting. Time allowed: five (5) minutes each.

F. MEETING MINUTES:

1. Planning Commission Meeting Minutes for April 22, 2024 G. PUBLIC HEARINGS
At the beginning of an item, the Chair will read the description of that item as stated on the Agenda. The City Staff will then give a brief presentation of the proposed project. The Commission may then ask Staff questions about the item.

For those items listed as Public Hearings, the Chair will open the public hearing and ask the applicant if they wish to make a presentation. Those persons in favor of the project will then be given an opportunity to speak followed by those who are opposed to the project. The applicant will then be given an opportunity for rebuttal.

The Public Hearing will then be closed and the Commission may discuss the item amongst themselves and ask questions of Staff. The Commission will then vote to approve, deny, approve in a modified form, or continue the matter to a later date for a decision. The Chair will announce the Commission's decision and advise the audience of the appeal procedure.

Note: No Public Hearings will begin after 11:00 p.m. Items still remaining on the agenda after 11:00 p.m. will be held over to the next meeting.

1. Comprehensive Design Review and Conditional Use Permit (PL23-0080, DR23-12, CUP23- 05) Pinole Shores II Redesign
H. OLD BUSINESS
I. NEW BUSINESS

1. Review of Proposed Preliminary Capital Improvement Plan (CIP) FY2024-2025 through 2028- 2029 for Consistency with the General Plan

2. Reselect Members for the Ad-Hoc Planning Commission Sub-Committee J. CITY PLANNER'S/COMMISSIONER'S REPORT

Planning Commission
Agenda - June 10, 2024

K. COMMUNICATIONS
L. NEXT MEETING(S)

1. Planning Commission Regular Meeting, June 24, 2024, at 7:00PM M. ADJOURNMENT
I hereby certify under the laws of the State of California that the foregoing Agenda was posted on the bulletin board at the main entrance of Pinole City Hall, 2131 Pear Street Pinole, CA, and on the City’s website, not less than 72 hours prior to the meeting date set forth on this agenda. _______________________
David Hanham
Planning Manager
POSTED: _______ pm

1 April 22, 2024
1 DRAFT
2 3 MINUTES OF THE REGULAR MEETING
4 PINOLE PLANNING COMMISSION
5 6 April 22, 2024
7 8 THIS MEETING WAS HELD IN A HYBRID FORMAT
9 BOTH IN-PERSON AND ZOOM TELECONFERENCE
10 11
12 A. CALL TO ORDER: 7:02 p.m.
13 14 B. PLEDGE OF ALLEGIANCE
15 16 C. LAND ACKNOWLEDGEMENT: Before we begin, we would like to acknowledge the 17 Ohlone people, who are the traditional custodians of this land. We pay our respects to 18 the Ohlone elders, past, present and future, who call this place, Ohlone Land, the land 19 that Pinole sits upon, their home. We are proud to continue their tradition of coming 20 together and growing as a community. We thank the Ohlone community for their 21 stewardship and support, and we look forward to strengthening our ties as we continue 22 our relationship of mutual respect and understanding. 23 24 D. ROLL CALL
25 26 Commissioners Present: Banuelos, Bender, Lam-Julian, Martinez, Sandoval, Vice27 Chairperson Menis, Chairperson Benzuly 28 29 Commissioners Absent: None
30 31 Staff Present: David Hanham, Planning Manager
32 Erica Gonzalez, City Attorney’s Office
33 Justin Shiu, Contract Planner
34 35 Vice-Chairperson Menis reported on ex parté communications and stated he had sent out 36 email messages about the meeting to his email list and had a conversation with 37 Commissioner Martinez regarding Item I.
38 39 E. CITIZENS TO BE HEARD
40 41 Anthony Vossbrink, Pinole, reported he and other neighbors had raised concerns in the 42 past, but they had not been addressed by City staff, including the current or former City 43 Manager or the Traffic and Pedestrian Safety Committee (TAPS). The concerns were 44 related to street lights that were not synchronized up and down Pinole Valley Road, around 45 the Fitzgerald Drive and Appian Way Corridor down to San Pablo Avenue. He asked why 46 the street lights from Pinole Valley Road from the Trader Joe’s Shopping Center past 47 Pinole Valley High School could not be placed on a delayed blinking system, with a 48 blinking red-light or yellow calming system late at night to the early morning hours, which 49 studies had shown significantly reduced carbon emissions. 50

2 April 22, 2024
1 Mr. Vossbrink also reported that a number of street lights up and down Pinole Valley Road 2 and San Pablo Avene remained to be either repaired or replaced, an ongoing concern for 3 residents who drove at night and had trouble seeing markers and street signs given that 4 half of the lights were out along the route. While City crews were to be sent out twice a 5 year to check or replace the lights and although residents had raised concerns on 6 numerous occasions, very little has been done. He further questioned why directional 7 signs and reflectors in the median strip could not be placed along San Pablo Avenue and 8 Pinole Valley Road. In addition, the aluminum guard rails along the Pinole Valley Bridge 9 remained to be repaired or replaced.
10 11 Planning Manager David Hanham explained that street light issues were under the 12 purview of the Public Works Department.
13 14 Vice-Chairperson Menis understood that road signage and the details of traffic 15 signalization were under the jurisdiction of the Planning Commission. He asked whether 16 the City’s intersections could be set with blinking red or yellow lights at certain times of the 17 day.
18 19 Mr. Hanham clarified that was outside the jurisdiction of the Planning Commission and 20 lighting issues were under the purview of the Public Works Department. He added that 21 studies would be required to consider modifications to the traffic signals with the lights on 22 an 80/20 operation during peak times, and with two-minute intervals late at night. The 23 concerns could be forwarded to the Public Works Department and raised with the TAPS 24 Committee as well.
25 26 F. MEETING MINUTES
27 28 1. Planning Commission Meeting Minutes from March 25, 2024 29 30 Vice-Chairperson Menis requested a correction to Lines 34 through 37 of Page 5 of the 31 March 25, 2024 Planning Commission meeting minutes, as follows:
32 33 Vice-Chairperson Menis understood the ODDS were trying to get rid of subjective 34 standards, such as compatibility with nearby buildings or a neighborhood style, as 35 examples, and replace them with specific design standards that could be applied and 36 he offered a number of examples
37 38 Commissioner Lam-Julian requested the following corrections:
39 40 Lines 10 through 11 of Page 2, to read:
41 42 She [Commissioner Lam-Julian] added the monthly West County Mayors’ 43 Conference was open to the public and the meetings were rotated between cities in 44 Contra Costa County.
45 46 And Lines 13 through 16 of Page 7, to read:
47 48 Commissioner Lam-Julian reported the City’s Code Enforcement Officer had recently 49 presented a flow chart of the process at Pinole National Night Out. She presented 50 on permits at Pinole Rotary Club, which demystified the process and what the City

3 April 22, 2024
1 did behind the scenes. It was possible that information could be incorporated into the 2 Community Engagement Plan.
3 4 MOTION with a Roll Call vote to approve the Planning Commission Meeting Minutes from 5 March 25, 2024, as amended.
6 7 MOTION: Banuelos SECONDED: Martinez APPROVED: 7-0
8 9 G. PUBLIC HEARINGS: None
10 11 H. OLD BUSINESS: None
12 13 I. NEW BUSINESS
14 15 1. Selection of Chair, Vice-Chair and the Ad-Hoc Planning Commission 16 Subcommittee for 2024/2025
17 18 Mr. Hanham presented the staff report dated April 22, 2024, and asked the Planning 19 Commission to select the Planning Commission Chair, Vice-Chair and select members for 20 the Ad-Hoc Planning Commission Subcommittee for 2024/2025. 21 22 Commissioner Martinez nominated Rafael Menis as the Chair of the Planning Commission 23 for 2024/2025.
24 25 Vice-Chairperson Menis accepted the nomination.
26 27 MOTION with a Roll Call vote to elect Rafael Menis as the Planning Commission 28 Chairperson for 2024/2025.
29 30 MOTION: Martinez SECONDED: Sandoval APPROVED: 7-0 31 32 Chairperson Benzuly was recognized for his tenure as the Planning Commission Chair for 33 2023/2024.
34 35 Newly-elected Chairperson Menis chaired the meeting at this time. He thanked the Planning 36 Commission for the nomination and thanked Chairperson Benzuly for his tenure as Chair. 37 38 Commissioner Banuelos nominated Gabriel Sandoval as the Vice-Chairperson of the 39 Planning Commission for 2024/2025, although Commissioner Sandoval was uncertain he 40 would be able to serve and asked whether there was interest from other Commissioners. 41 42 Commissioner Benzuly welcomed someone new to serve which could provide a learning 43 experience.
44 45 When asked, Commissioner Martinez stated he would be unable to serve given a medical 46 condition requiring a number of doctor appointments, and while grateful deferred to 47 Commissioner Lam-Julian, who stated she could not commit fully to serving as the Vice48 Chairperson given time constraints. 49 50

4 April 22, 2024
1 Mr. Hanham clarified in response to the Chair that the Vice-Chairperson would fill in when 2 the Chair was unavailable, and could also serve on the Planning Commission Ad-Hoc 3 Subcommittee but was not required to do so.
4 5 Chairperson Menis highlighted the duties of the Vice-Chairperson, which he suggested would 6 not involve greater duties beyond being a member of the Planning Commission. 7 8 On the discussion, and assuming no one was able to assume the role, Commissioner 9 Martinez expressed the willingness to serve as the Vice-Chairperson of the Planning 10 Commission for 2024/2025.
11 12 MOTION with a Roll Call vote to elect Frankie Martinez as the Planning Commission Vice13 Chairperson for 2024/2025. 14 15 MOTION: Menis SECONDED: Benzuly APPROVED: 7-0
16 17 Mr. Hanham reiterated the Planning Commission Ad-Hoc Subcommittee would meet 18 sporadically to provide input on Planning Commission-related projects on an as-needed 19 basis and would be comprised of three Commissioners. 20 21 Commissioner Banuelos expressed an interest in serving on the Ad-Hoc Subcommittee. 22 23 Commissioner Sandoval commented that while he would like to serve, he did not have the 24 capacity.
25 26 Commissioner Lam-Julian reiterated she could not dedicate any more time out of her 27 existing schedule.
28 29 Commissioner Bender stated he would like to remain seated on the Ad-Hoc 30 Subcommittee.
31 32 Vice-Chairperson Martinez asked if the group would be agreeable to meet at a later time 33 of day when he could serve since the time of meetings conflicted with his existing 34 schedule.
35 36 Chairperson Menis wanted to continue to serve on the Ad-Hoc Subcommittee. 37 38 Mr. Hanham clarified that only three members could serve on the Ad-Hoc Subcommittee 39 since four members would constitute a quorum.
40 41 Vice-Chairperson Martinez bowed out at this time. 42 43 MOTION with a Roll Call vote to select Commissioners Banuelos, Bender, and Chairperson 44 Menis to serve on the Planning Commission Ad-Hoc Subcommittee for 2024/2025. 45 46 MOTION: Menis SECONDED: Benzuly APPROVED: 7-0
47 48 J. CITY PLANNER’S/COMMISSIONER’S REPORT
49 50

5 April 22, 2024
1 Mr. Hanham provided an update on Pinole Shores II with the applicant having applied to 2 change the dimension of the project from two buildings to one with the same square footage. 3 With respect to Pinole Shores II, he explained that the environmental work continued and 4 staff was waiting for traffic and other studies to be completed. The project was anticipated 5 to be presented to the Planning Commission in the late May/early June timeframe. 6 7 Mr. Hanham added that for the Pinole Vista project, the applicant submitted an application to 8 extend the project for one year and a Lot Line Adjustment (LLA) would be considered by the 9 City Council in the next few months; the developer for the BCRE project was completing work 10 on a project in the City of El Cerrito and would move the crew to start on the Pinole project 11 thereafter; SAHA was moving forward and was on schedule; Vista Woods had corrected 12 some foreman issues, with Phases 1 and 2 fronting San Pablo Avenue almost complete and 13 with the framing for Buildings C and D completed. The Vista Woods project was scheduled 14 to be completed around the end of the year or the beginning of 2025. 15 16 Applications for Accessory Dwelling Units (ADUs) continued to be submitted; staff continued 17 to work on the Annual General Plan Consistency Report; the City Council Ad-Hoc Municipal 18 Code Update Subcommittee had met to discuss amendments to the Zoning Code; the 19 Planning Commission Ad-Hoc Subcommittee has done exhaustive work on reviewing the 20 Objective Development Design Standards (ODDS), Three Corridors Specific Plan and Old 21 Town Design Guidelines, with staff to make changes to all documents, to be presented to 22 the Planning Commission in the summer and to the City Council in the fall. The Planning 23 Commission Ad-Hoc Subcommittee would be asked to review the Parklet Design Guidelines 24 and the Planning Commission was expected to be busy through the summer and fall. 25 26 Commissioner Lam-Julian asked the status of Nick the Greek, and Mr. Hanham advised the 27 applicant had applied for a business license, which was to be processed this week. 28 29 Vice-Chairperson Martinez reported that Chairperson Menis had previously raised questions 30 about the color scheme for Vista Woods and whether it would be more pronounced when 31 driving by the property. Having recently driven past the property, he found the colors to be 32 very, very muted and not as pronounced. He asked whether the color scheme could be 33 verified to ensure it matched what had been presented and approved by the Planning 34 Commission.
35 36 Mr. Hanham explained that the project was fluid in terms of what was being done, but he 37 would bring the approved color palette to the Planning Commission at its next meeting as a 38 communication item to ensure the color scheme matched what had been approved. He 39 clarified that no final inspections had been done for the interior or exterior of the buildings. 40 41 Chairperson Menis recognized the project was under construction and it could be in the early 42 stages of painting.
43 44 Commissioner Banuelos asked the status of the new 7-Eleven, to which Mr. Hanham 45 reported the project had issues with PG&E and had to underground utilities but he could 46 follow up on the status. He understood the underground work would not affect the building 47 and while the lights were on, the electricity had been on and off due to the underground work 48 which remained to be completed. PG&E would finalize all of that work. 49 50

6 April 22, 2024
1 Commissioner Banuelos also referenced Pinole Shores I, which had a sewer line at the rear 2 of the property that had not been working. He asked whether the sewer line had been 3 addressed as part of the work for Pinole Shores II. He also understood PG&E had a liaison 4 with elected officials, and he had contacted PG&E in the past to get things moving. 5 6 Mr. Hanham reiterated the reason for the delay for the new 7-Eleven and he understood the 7 PG&E liaison had been contacted. As to Pinole Shores II, he would have to review the 8 easements that ran along the property, although he understood the development would 9 improve where it stubbed in and he would have to check with the Public Works Department 10 about the sewer lines to ensure capacity.
11 12 Chairperson Menis asked about the timeline for PG&E to do the underground work, and Mr. 13 Hanham understood the work was ongoing, there were issues, and he could follow-up to 14 learn the status and provide an update to the Planning Commission at the next meeting. 15 16 Chairperson Menis asked the status of Appian Village, and was informed by Mr. Hanham the 17 affordable housing agreement for the project would be presented to the City Council in the 18 next month. The applicant planned to submit a rough grading permit and had building permits 19 and off-site improvements under review with the City prior to issuance of Final Maps. The 20 project was due to be under construction in the fall. 21 22 Commissioner Benzuly found it had been a great experience to serve on the Planning 23 Commission and watch how the landscape of the City of Pinole would change with new 24 development. He thanked City staff and the City Attorney’s Office for keeping him on track 25 and the Planning Commission for its support over the past four years. 26 27 Chairperson Menis thanked Commissioner Benzuly for his service and tenure as Chair and 28 prior years of service on the Planning Commission, and commended his practical skills which 29 would be missed.
30 31 Commissioner Bender also recognized Commissioner Benzuly and thanked him for his 32 service.
33 34 Commissioner Banuelos found Commissioner Benzuly had a good background, had run 35 meetings well, had done an excellent job and wished him good luck and enjoyment of his 36 private time. He would be missed and could be counted on to be sensible and able to get to 37 the heart of the matter with good comments and instruction. 38 39 Vice-Chairperson Martinez recognized Commissioner Benzuly for his leadership during his 40 time on the Planning Commission. He described him as precise and organized while the 41 Planning Commission considered significant projects, and he thanked him for his guidance 42 and ability to see things from a different lens.
43 44 Commissioner Lam-Julian thanked Commissioner Benzuly for his kindness, patience, 45 leadership and emphasized he would be missed.
46 47 Commissioner Sandoval too thanked Commissioner Benzuly for his service to the City of 48 Pinole and repeated the comments of his fellow Commissioners. He thanked him for being 49 a part of the changes in the Planning Commission and agreed he would be missed. 50

7 April 22, 2024
1 Chairperson Menis again highlighted Commissioner Benzuly’s dedication and skill, wished 2 him well and thanked him for his service.
3 4 Commissioner Benzuly thanked the Planning Commission for the comments. 5 6 Vice-Chairperson Martinez reported he had ex-parté communications with resident Sandy 7 Glanz, regarding a number of outstanding permits she had for repairs to one of her homes. 8 He had shared Mr. Hanham’s contact information and asked that she reach out to him directly 9 for guidance.
10 11 PUBLIC COMMENTS OPENED
12 13 Anthony Vossbrink, Pinole, asked staff to provide an update on the 7-Eleven build out, 14 whether 7-Eleven was a co-owner with Union 76, and whether staff had any status updates 15 on a beer and wine liquor license for the business given his understanding 7-Eleven planned 16 to sell beer and wine contrary to information that had been reported by staff to the City Council 17 and Planning Commission, and which should be publicized to the public. He also asked the 18 status of the Safeway build out and commented the City Council had recently approved a 19 moratorium prohibiting the expansion of existing gas stations and the building of new gas 20 stations; however, a gas station had been one of the components of the Safeway project and 21 Safeway stated if it did not get a gas station there would be difficulties getting permits for its 22 project. He also asked staff to clarify whether the City Council action would impact that 23 development or whether an amendment to the moratorium was needed. 24 25 Additionally, Mr. Vossbrink asked for an update on the former Kmart build out, commented a 26 large sign the City had installed in the parking lot had been removed, and asked the status 27 of the Happy Sashimi Restaurant vacancy and what burden the new build outs would place 28 on the Pinole-Hercules Wastewater Treatment Plant.
29 30 PUBLIC COMMENTS CLOSED
31 32 Mr. Hanham reported on his understanding there had been no movement on 7-Eleven’s 33 license with the Department of Alcoholic Beverage Control (ABC), although Valero had a 34 liquor license for the sale of beer and wine and he would have to check the records to see 35 whether 7-Eleven also planned to sell beer and wine. Union 76 was the new owner of the 36 facility, Valero had moved out and that store may already have a liquor license and there 37 could be only a change of ownership involved, which staff would monitor. 38 39 Mr. Hanham also reported City staff was working with the property owner of the Tara Hills 40 Safeway, the City had installed a fence to prevent unpermitted parking and the property 41 owner was doing their due diligence to secure tenants. He advised that all entitlements for 42 the Pinole Square property had lapsed and as of now Safeway remained operational. For 43 the former Kmart property, now the Pinole Vista site, the applicant was moving forward to 44 extend the project for another year. The signage had been removed by the applicant as part 45 of the original review process.
46 47 In terms of sewer issues, Mr. Hanham explained that the City was broken into two sewer 48 districts; the West County Sewer District and the Pinole-Hercules Wastewater Treatment 49 Plant. He identified the projects that were served by each sewer district and advised at this 50 point in time staff was unaware of any sewer issues with any new build outs.

8 April 22, 2024
1 Mr. Hanham added that when the projects had gone through the entitlement process, they 2 all had the ability to serve letters for sewer service and they could only assume the lines were 3 sufficient to serve the projects. He was otherwise unaware whether a new tenant had been 4 secured for the former Happy Sashimi Restaurant.
5 6 K. COMMUNICATIONS
7 8 Commissioner Lam-Julian reported she had attended several community events to 9 connect with community members, and had participated in Walk and Roll Pinole 2024, 10 with plans for a cleaner and magnified schematic for proposed updates to Tennant 11 Avenue, Fitzgerald Drive, San Pablo Avenue and Appian Way on community preferences. 12 Community input would be sought during the Earth Day celebrations. 13 14 Commissioner Banuelos reported he had recently received a building permit from the City 15 and commented on his understanding the Mayor had received a number of complaints 16 about the timeline for the City’s permit process. He was curious whether the new online 17 system would result in improvements and he urged Commissioners to work with people 18 who could answer questions if the online system was not working. 19 20 Chairperson Menis reported the City had created new job classifications for junior 21 engineers to help with the backlog of permits, which should help to resolve some of the 22 issues.
23 24 Mr. Hanham explained that two Building Technicians were handling all of the processing 25 for the City’s building permits. He acknowledged there had been a huge backlog, with a 26 Permit Technician brought on to resolve the backlog. While there had been some 27 transitions with staff, the new online system was in place and the permit processing 28 timeline had improved. There had also been issues with some of the plans not having 29 been as clean as they should have been, which had added to the timeline for plan checks 30 and multiple third-party plan checkers had been used to review all plans. With the new 31 online system, the hope was to be able to monitor permits in the future, the last component 32 to be implemented as part of the new system, which would further improve the process. 33 34 The Planning Commission discussed the new online permitting system, the challenges of 35 expediting permits in the past and the hope that with the new system, processing of 36 permits would improve. The public was asked to be patient during this time. 37 38 Erica Gonzalez, representing the City Attorney’s Office, when asked by the Chair whether 39 or not the subject discussion was appropriate, explained that as long as the discussion 40 was more about clarification points from the Planning Manager that would not enter into 41 the realm of a full discussion would be acceptable, although back and forth discussion 42 amongst the Commission should be open to the public. 43 44 Chairperson Menis reported the Senior Center would hold its Senior Food Distribution for 45 low-income seniors on April 23, 2024 from 10:00 to 11:00 a.m., with applications able to 46 be filed online along with proof of age and residence. In addition, the Community Services 47 Commission would meet on April 24, 2024 at 5:00 p.m. at City Hall. 48 49
50

9 April 22, 2024
1 Mr. Hanham took the opportunity to express his appreciation to Commissioner Benzuly 2 for his service as a member of the Planning Commission, particularly given his background 3 when some of the more significant development projects had been considered by the 4 Planning Commission.
5 6 L. NEXT MEETING
7 8 The next meeting of the Planning Commission to be a Regular Planning Commission 9 Meeting scheduled for May 13, 2024 at 7:00 p.m.
10 11 M. ADJOURNMENT: 8:25 p.m.
12 13 Transcribed by: Edited by:
14 15 Sherri D. Lewis City Staff
16 Transcriber

TO: PLANNING COMMISSION MEMBERS
FROM: David Hanham, Planning Manager
SUBJECT: Pinole Shores II, 830-848 San Pablo Avenue
DATE: June 10, 2024
Property Owner City of Pinole
2131 Pear Street
Pinole, CA 94564
Applicant GRP Shores, LLC
J Diemer
2350 N. University Drive #848300
Pembroke Pines, FL 33084
Herdman Architecture & Design
16201 Scientific Way
Concord, CA 94520
File Planning Application PL23-0080
Comprehensive Design Review (CDR) DR 23-12
Conditional Use Permit (CUP) Application 23-05
Request Comprehensive Design Review and Conditional Use Permit to develop a project consisting of construction of a tilt up wholesale distribution and warehouse buildings with accessory office space for a total of 116,730 square feet of warehouse and approximately 4,996 square feet of office floor area, as well as site preparation of the vacant 7.37-acre site and
consolidation of parcels.

Location 836-848 San Pablo Avenue, Pinole CA 94564
Assessor Parcel Number(s) 402-230-015, 402-230-016, 402-230-017, 402-230-018, and 402-230-020
Total Area 7.37 acres/321,020 sf
General Plan Land Use Designation SSA, Service Sub Area Specific Plan Sub-Area SSA, San Pablo Avenue Corridor /Service Sub-Area Zoning Classification OIMU, Office Industrial Mixed-Use Review Authority Comprehensive Design Review - Planning Commission – Pinole Municipal Code (PMC) §Table 17.10.060-01; Conditional Use Permit – Planning Commission – PMC § Table 17.10.060-01; Memorandum

California Environmental Quality Act Determination – Planning Commission – CA Public Resources Code §15022

BACKGROUND
In July of 1999, the Pinole Redevelopment Agency (the "Agency") adopted an Economic Development Strategy Plan. The Plan focused on blighted parcels along San Pablo Avenue that could be used to strengthen the City’s Industrial Park. The Plan identified the subject site at 836-848 San Pablo Avenue, the former Anthony Auto Wreckers site, as a site for future redevelopment. The project area is bordered to the south by the Pinole Shores I project, which includes two light industrial buildings, a building that is used for ancillary commercial uses (a restaurant, a commercial kitchen for small business and catering, and a gym). It is bordered to the east by an existing materials yard, to the north by the BNSF Railroad and Bay Trail, and to the west by existing residential developments. The Pinole Shores I project is also located on the original Anthony Auto Wreckers site. Upon purchase of the site, the Agency undertook environmental clean-up due to the prior use. Upon completion of the clean-up, in 2002, the Agency received a Covenant and Environmental Restriction from the California Regional Water Quality Control Board that restricts the use of the site to industrial, commercial or office use. See Figure 1 for proposed project location and surrounding area.

Figure 1: Project Location
In April of 2005, the Agency approved a Disposition & Development Agreement (DDA) with the Panattoni Development Group for the development of the Pinole Shores Business Park at 836-848 San Pablo Avenue. The project was designed to provide ownership opportunities for small businesses owners by creating approximately 149,871 square feet of light industrial, businesses condominiums that could be used for manufacturing, office, warehousing, wholesale distribution, and retail purposes.

In 2006, Pinole Shores I started construction on four buildings identified as 806, 812, 818 and 824 San Pablo Avenue. Each of these addresses have multiple suites due to condominiums maps that were approved for the four buildings. As the buildings were being built for Pinole Shores I, the developer started the financing process the Pinole Shores II project.

In March of 2007, the City and Panattoni Development Company entered into a new DDA for the construction of the Pinole Shores II project. In 2008 there was a collapse in the real estate market – for both commercial and residential real estate. At that time, the Panattoni Development Company determined that the proposed Pinole Shores II project was no longer financially feasible and decided not to purchase the remaining 7.37 acres that was to comprise the Pinole Shores II project. The City and Panettoni subsequently terminated the existing DDA.

On May 28, 2019, the City entered into an Exclusive Negotiating Agreement with General Realty CE, LLC to purchase the property at 836-848 San Pablo. The negotiations resulted in the execution of a DDA with GRP Shores, LLC, (the “Applicant”) an affiliate of General Realty, on May 9, 2022. Certain terms and conditions of the DDA include the City obtaining the necessary easements needed from EBMUD and the Pinole Shores 1 existing project in order to access surface and underground areas needed for the development of the new proposed project. In addition, the Applicant is required to obtain the entitlements necessary to construct the proposed project prior to closing on the property.

In January of 2022, the Applicant submitted a Development Application for a Comprehensive Design Review, and a Parcel Map. In April of 2022, the Applicant submitted a Development Application for a Conditional Use Permit. The purpose of these applications was to construct two-tilt-up buildings totaling 117,943 square feet, a parcel map to consolidate the parcels from five to one, and to allow for a wholesale distribution and reduced parking at the project site. On May 8, 2023, the Planning Commission approved Resolution 23-04 approving a Conditional Use Permit, Comprehensive Design Review, Parcel Map consolidating 5 parcels into one, and a Notice of Exemption for California Environmental Quality Act, (CEQA) compliance.

In November of 2023, the Applicant submitted a Development Application for a Comprehensive Design Review and Conditional Use Permit for the purpose of building one tilt-up building totaling approximately 121,726 square feet (116,730 sf of warehousing, 2,498 sf of office space, and 2,498 sf mezzanine within the building), the ability to have wholesale distribution, and reduced parking.

PROJECT DESCRIPTION
The proposed project has three major components: Comprehensive Design Review, a Conditional Use Permit, and a Parcel Map. The Comprehensive Design Review will review the design of the building, the landscape and parking plan, and overall consistency with the Pinole Shores I project. The Conditional Use Permit will review will determine if wholesale distribution will be allowed at the project site and if a reduction of parking may be granted. The Parcel Map will review the consolidation of five existing parcels through a Parcel Map into one parcel. See Figure 2 for the proposed site plan and landscaping for the new development.

Figure 2 Site Plan
The project would construct one new 43-foot-high “tilt-up” building. Tilt-up construction refers to a series of concrete panels which are poured into forms on the ground and then tilted up into place to comprise a building's exterior walls The project proposes a total of 116,730 square feet of warehouse area 4,996 square feet of office space. The project also includes the installation of parking, lighting, landscaping, and other ancillary improvements to accommodate the proposed development. A more detailed landscape plan is outlined in Exhibit C of this report.

Uses and Layout
The one Building will be located in the middle of the property facing northeast to southwest as stated above will contain 116,730 square feet of warehouse/research/development/industrial space and 2,498 square feet of office space. The Building will have roll-up doors and parking for 18 trucks at the loading

docks. The building will also have the 2,498 square feet of office space on the ground floor and 2,500 square feet on a mezzanine level. The ground floor office spaces in each building will have a conference room, two private offices, a kitchen area, and four bathrooms, two of which are accessible from the office and two from the warehouse area. Each building contains two staircases, one internal to the office space and connects the ground floor with the mezzanine, and the other within the warehouse space providing a connection from the warehouse floor to the mezzanine level.

Parking
The project site will be improved with a 20-foot-wide exclusive access road which will extend from the southeast corner of the site along the perimeter of the building footprint to the southwest corner of the site. Through access will be provided from existing driveways at the adjacent Pinole Shores Business Park.

Access easements will be established to formalize access to the project site through the Pinole Shores Business Park.

The project includes 132 head-in parking spaces with dimensions of nine feet wide by 19 feet deep for passenger vehicles on the periphery of the site, surrounding the new structures. Of the 132 parking spaces, eight will be ADA accessible and four will be clean-air carpool/vanpool spaces. Pursuant to Bay Area Air Quality Management District (BAAQMD) requirements, 19 of the parking spaces be electric vehicle charging spaces, and 38 spaces be charger ready (with infrastructure installed for future charging).

There will be 23 trailer spaces (5 trailer parking spaces and 18 truck loading and unloading spaces at the loading docks. These spaces are equipped with two dock-high roll-up doors.

Accessibility
A pedestrian sidewalk is proposed to provide a connection between the new building and the Pinole Shores Business Park.

The project will install 2 Dero Roundrack at the front entrance of Building One and Building Two. The racks for both building will allow for 8 bike parking spaces, four bikes at Building One and four bikes at Building Two. It should be noted bike parking is not required for industrial pursuant to Section 17.48.120 (B) of the Pinole Municipal Code.

The West Contra Costa Transit Authority (WestCAT) serves the project site. The nearest westbound bus stop is located on San Pablo Avenue adjacent to the Pinole Shores Business Park frontage, and the nearest eastbound bus stop is located across the street at the intersection of San Pablo Avenue and Meadow Avenue.

Landscaping
The applicant is proposing a full-scale preliminary landscape and irrigation plan for this project. The Preliminary Landscape and Irrigation Plan outlines trees, shrubs, ground cover over the project area. The preliminary landscape and irrigation plan on pages L1.00 – L4.00 (Exhibit C) outlines the landscaping requirements as outlined in Chapter 17.44. Landscaping. for this project. Pursuant to Section 17.44.030 final landscape plans are required and are listed in Conditions of Approval 52.

The project will install a sidewalk is proposed to provide a connection between Building Two and the Pinole Shores Business Park.

Development Standards
Table 1 compares the proposed project with the required development standards under Chapter 6 of the Three Corridors Specific Plan and in PMC §17.24.030 and 17.48.050. The table shows that a CUP is required for wholesale distribution at the site.

Table 1. Development Standards
Development
Standard
Code Requirement Proposal for Pinole
Shores II
Development
Complies?
Setbacks PMC- Table 17.24.020-1/Three Corridor Specific Plan - Front 0-5 feet 20 feet Yes
East Side 10 feet 64 feet Yes
West Side 10 feet 91 feet Yes
Rear 0-15 feet 66 feet Yes
Building
Height
4 stories/ 50 feet PMC -Table 17.24.020-1
/Three Corridor Specific Plan Table 6-3
1 story/40 feet Yes
Parking PMC §17.48.040:

Warehousing,
Wholesaling,
Research, and
Other Industrial:
1 Space/1,000 sf
of gross floor
area, plus 1
space for every 4
employees, and 2
loading spaces
Offices, Business
and Professional,
including
medical: 1
Space/250 sf of
gross floor area.

PMC §17.48.110:

Loading Space: 1
Space/10,000 sq
ft, plus 1 space
for additional
each 40,000 sq
feet
Total Required:
137 spaces required, plus 1
space for every 4 employees
and 4 loading spaces.

Details
- Warehouse/ Wholesale/
Research/ Other Industrial
space = 117 parking
spaces
- Employee Fractional:
1 space for every 4
employees1
- Office/ Mezzanine (4,996
sf) = 20 parking spaces
- Loading spaces; 4 spaces
Total Provided:
132 total parking
spaces.
5 loading spaces
Details:
- Warehouse/
Wholesale/
Research/ Other
Industrial space: 117
spaces provided.
- Employee fractional:
undetermined, as an
end-user has not
been identified.
- Office/ Mezzanine: 5
15 spaces provided.
- Loading spaces: 5
spaces provided
No, a CUP is
required2
1 Number of employees unknown at this point in time as an end-user has not been identified. 2 The project is deficient by 5 spaces of the 20 spaces required for the office portion of the use. Additionally, the project does not meet the additional fractional requirement of 1 space per every 4 employees. A CUP is requested to waive these requirements for parking.

Development
Standard
Code Requirement Proposal for Pinole
Shores II
Development
Complies?
Landscaping PMC §17.44.050
General
Landscape
Development
Standards
PMC §17.44.060
Special
Landscape
Requirements
Applicable: PMC
§17.44.060. F.

On-Site
Pedestrian
Pathways.

PMC §17.44.060.

L.3 Parking Lot
Shade
Pages L1.0 through
L4.0 outlines the
landscape
requirements in

17.44.050.

Yes, the
applicant
has
prepared a
landscape
plan in
accordance
with
Chapter

17.44 of the
PMC
Overall Design
The structure is composed of concrete tilt-up wall panels with a similar color scheme and fenestration pattern. With respect to the color palette, the applicant proposes metallic white, light grey, dark grey with stamped concrete. With respect to the windows, the applicant proposes medium performance green reflective glazing with clear anodized mullions windows throughout both buildings. Figures 5 through 8 show the proposed design of the completed project.

Figure 5 Proposed Southeast Elevation

Figure 6: Proposed Southwest Elevation
Figure 7: Proposed Northwest Elevation
Figure 8: Proposed Northeast Elevation
Required Land Use Approvals
Entitlements and approvals required for the project include Comprehensive Design Review, a Conditional Use Permit, and a California Environmental Quality Act (CEQA) determination. Pursuant to PMC Table

17.10.060-1, the Planning Commission has approval authority of the Comprehensive Design Review, Conditional Use Permit, and CEQA determination. It should be noted that the Council has de novo approval authority of the entitlements on a timely filed appeal of the Planning Commission’s decision.

Ad-Hoc Committee Review
The Planning Commission’s Ad-Hoc Committee provided feedback on design treatments for the original design on May 5, 2022, for the original project that was approved by the Planning Commission on May 8, 2023. This feedback resulted in architectural revisions which added more details and interest to the buildings. Comments from the Ad-Hoc Committee are summarized below with the status noted in italics below the comment. Since the new project’s use and impacts were similar to those that were reviewed prior, Staff carried over these comments for the use of the new building.

1. Consider the building design to add a mixture of colors consistent with Pinole Shore I and eliminate the box style development.
• Based on the anticipated use of the buildings, the Applicant was unable to revise the box style of the buildings. However, the Applicant added assorted colors to the building to be consistent with Pinole Shores I. The applicant also added two-foot undulations for every 50 feet, consistent with the Specific Plan, which helps to break up building massing.

2. Consider use of native tree species as much as possible. • The Applicant will consult with the arborist, and a condition of approval (COA) No. 52 has been included in the draft resolution which would require the inclusion of more native trees where possible.

3. Ensure adequate lighting but minimize spillover light. • Preliminary lighting fixture details are included the plans, and a condition of approval (COA No. 41 has been included in the draft resolution that would require the project to comply with Chapter 17.46 of the City’s Municipal Code Lighting standards, which address levels of illumination.

4. Consider adding a traffic signal at the main entrance of Pinole Shores I and San Pablo Avenue. After reviewing this consideration from the Ad-Hoc Committee and the new use of the project, the Applicant will be completing the following:
• After collaborating with the Department of Public Works, the applicant’s traffic engineer and the environmental consultant, the developer agreed to make the following off-site improvements:
a. Construct a traffic signal at the intersection of Meadow Avenue and the most eastern driveway of the Pinole Shores Industrial. Figure 4 shows the conditions of past recommendations as well as the traffic signal recommendation.

5. Sustainability of the building, including solar panels, EV (electric vehicle) parking, all electric buildings.
• The applicant is proposing to install 19 EV parking stalls, 38 EV ready stalls, incorporate sky lights and solar panels on the roofs, as well as make the buildings all electric. In the future, solar paneled covered parking could be installed where applicable with the approval of a building permit. Staff is requiring the applicant to submit a parking plan within the Parking Management Plan (COA No. 36) showing placement of the 19 charging stations and conduit for the additional locations consistent with the Bay Area Air Quality Management District.

Figure 4 Transportation Recommendation

ANALYSIS
The project has been reviewed for consistency with the City’s General Plan, the Three Corridor Specific Plan, and the Zoning Ordinance. As part of the consistency evaluation, the Planning Commission is required to make specific findings and other considerations consistent with Chapters 16.12 (Tentative Maps) and 17.12 (Entitlements) of the PMC in order to approve the Comprehensive Design Review, Conditional Use Permit, and Parcel Map. The following discussions expand on elements considered in the determination of consistency with findings.

General Plan Consistency
The property located at 836-848 San Pablo Avenue has a General Plan Land Use Designation of “SSA” (SubService Area). The SSA designation is intended to maintain and enhance existing land uses while providing land use flexibility and incentives to encourage new private investments and additional development.

Each Service-Sub Area has a different emphasis. San Pablo Avenue Corridor SSA is intended to preserve land for manufacturing and industrial uses, particularly “green industry.” A limited amount of general office, retail and residential uses may be permitted where they will not conflict with the principal industrial uses in the area.

POLICIES
The project helps to implement policies within different elements of the General Plan including the Community Character Element, Land Use and Economic Development Element, Circulation Element, Health and Safety Element, and the Sustainability Element. The policies below are a partial list of the most relevant to the project.

Community Character Element
POLICY CC.1.1 All new development and redevelopment shall adhere to the basic principles of high-quality urban design and architecture including, but

not limited to, human-scaled design, pedestrian orientation, and interconnectivity of street layout, siting buildings to highlight important intersections, entryways, focal points, and landmarks.

POLICY CC.1.2 Require all new development to incorporate high-quality site design, architecture and planning to enhance the overall quality of the built environment in Pinole and create a visually interesting and aesthetically pleasing town environment.

POLICY CC.1.5 Encourage project compatibility, interdependence, and support with neighboring uses, especially between commercial and mixed-use centers and the surrounding residential neighborhoods. Uses should relate to one another with pedestrian connections, transit options, shared parking, landscaping, public spaces, and the orientation and design of buildings.

Land Use and Economic Development Element
POLICY LU.3.3 Require design review of commercial and industrial projects to ensure compatibility with adjacent or nearby land uses, including intensity, access, internal circulation, visual characteristics, noise, odors, fire hazards, vibrations, smoke, discharge of wastes and nighttime lighting.

POLICY LU.7.1 Provide sufficient land for commercial and industrial uses to allow for development that provides basic goods and services to Pinole residents.

POLICY LU.7.3 Continue to strive for a balance between the number of jobs in the Pinole Planning Area and the number of housing units available for workers by encouraging and supporting policies and programs, mixed-use projects which provide both housing and employment opportunities, and the development of affordable housing.

POLICY LU. 7.5 Ensure that new and existing developments can be adequately served by municipal services and facilities in accordance with City standards. New projects which require construction or expansion of public improvements shall pay their fair share of the costs necessary to improve or expand infrastructure to serve them, including street improvements, parks, water storage tanks, sewer and water service, and other public services.

Circulation Element
POLICY CE.1.1 Encourage strategic growth that concentrates future development along Pinole’s three primary transit corridors (San Pablo Avenue, Appian Way, and Pinole Valley Road).

POLICY CE.1.4 Encourage maximum utilization of the existing public transit system and alternate modes of transportation in Pinole.

POLICY CE.1.2 Coordinate development of the circulation system with sustainable land use planning.

POLICY CE.6.1 Encourage the use of carpooling and vanpooling to maintain an acceptable LOS on city streets and I-80.

POLICY CE.6.2 Implement transportation demand management strategies in conjunction with land uses in order to prevent future traffic congestion in the city.

Action CE.7.2.2 Require provision of adequate, convenient, and secure bike parking in conjunction with private development.

POLICY CE.8.1 Require development to provide pedestrian walkways that are safe, interconnected, and accessible by all members of the community.

Health and Safety Element
POLICY HS.6.1 Promote and encourage walking and bicycling as viable forms of transportation to services, shopping, and employment.

POLICY HS.7.3 Reduce the transport of runoff and surface pollutants off site.

Sustainability Element
POLICY SE.3.4 Reduce GHG emissions by reducing vehicle miles traveled and by increasing or encouraging the use of alternative fuels and transportation technologies.

POLICY SE.4.1 Explore and promote opportunities for the City’s use of sustainable energy sources (e.g., solar, wind, biomass, tidal energy generation, methane, geothermal, and hydropower).

POLICY SE.4.3 Pinole will promote and require renewable energy generation and cogeneration where feasible and appropriate.

POLICY SE.4.5 Pinole will continue to promote and support and require, where appropriate, the development of solar energy.

POLICY SE.7.4 In order to reduce vehicle miles traveled and traffic congestion, new development within 1,000 feet of an existing or planned transit stops should be designed to encourage the usage of public transit and minimize the dependence on the automobile through the application of site design guidelines.

Action SE.8.7.3 Require new commercial, multi-family residential, and mixed-use development to provide secure bicycle parking.

Staff Comment: The project is consistent with the General Plan, as demonstrated by the highlighted policies above. The project features high quality architectural design with internal aesthetic and functional connections between the new development and existing development. The project proposes infill development that realizes potential within the existing property to create new opportunities that expand industrial uses. As new construction, the project would be required to comply with current green building standards under the California Building Code, which include energy efficiency standards in buildings, compliance with solar requirements, and electric vehicle (EV) capable infrastructure. By constructing the building in manner proposed by the applicant, the project is consistent with current standards to manage stormwater runoff and intake to existing stormwater facilities. Additionally, new landscaping areas and plantings are proposed on site which creates parking lot shading. The new landscaping will be drought resistance and comply with current State-mandated water efficient standards.

Specific Plan and Zoning Consistency
The Pinole Shores II project is in the San Pablo Avenue Corridor of the Three Corridor Specific Plan. The project is in the service sub-area (SSA) and has a Specific Plan Land Use/Zoning Designation of Office Industrial Mixed-Use (OIMU). See Figure 9 for a map of the Specific Plan and Zoning designation. The intent of OIMU under the Specific Plan is to allow a wide range of office and light industrial development.

This designation is intended for office and light industrial uses with supporting retail and service uses. The predominant use allowed is office and/or light industrial. Retail must be ancillary to the principal industrial activity of the property and cannot exceed 10% of the total usable floor area. Public and quasi/public uses (community centers, public library, city hall, parks and other community-serving uses) are permitted.

At this time, the applicant does not have an end-user identified for this project. However, the applicant has indicated the building will be used primarily used for warehousing and distribution use, and wholesale distribution.

The project is consistent with the following Economic Development Strategy, Land Use, and Circulation Policies in the Specific Plan:

POLICIES
Land Use Policy 5. Support existing viable uses while encouraging a new mix of uses.

Land Use Policy 6. Actively promote the “revitalization” of underutilized land.

Circulation Policy 7. The City will ensure that there are clear rights-of-way for safe passage of pedestrians and bicyclists using San Pablo Avenue, Pinole Valley Road, and Appian Way Economic Development Strategy (San Pablo Avenue Corridor). Support economic development that will bring more housing, retail, and employment to the community.

Figure 9 Specific Plan Designation and Zoning
Specific Plan Zoning
Staff Comment: Based on the policies listed above from the Specific Plan, the project is consistent with the Specific Plan. The property is identified as Opportunity Site #5 in the Specific Plan, where light industrial uses were identified as a potential example of future development and office industrial mixed use would be desired. Additionally, the Specific Plan identifies that Green Industry is a permitted use by right in the OIMU designation. The project includes construction of a new light industrial building.

With the new construction of the building, the leasable space would be approximately 121,766 square feet upon completion of the project. (see Table 2).

Table 2: Total/Leasable Square Footage Proposed
Square Footage Warehouse/
Wholesale/ Research/
Other Industrial
Office Total Square
Footage
Pinole Shores II 116,730 (96%) 4,996 (4%) 121,726 (100%) Comprehensive Design Review Findings
In order to approve the Comprehensive Design Review, the Planning Commission must find for each of the required Comprehensive Design Review findings. Each finding is listed below followed by staff comment and conclusion.

1.The proposed project is consistent with the objectives of the general plan and complies with applicable zoning regulations, planned development, master plan or specific plan provisions, improvement standards, and other applicable standards and regulations adopted by the city.

Project
Location
Project
Location

SAN PABLO AVE

SAN PABLO AVE

Staff Comment: As stated above in this report, General Plan and Specific Plan goals and policies have been identified to satisfy consistency with the project. The project is compatible with the applicable zoning development standards for the project as shown in Table 1, and as otherwise permitted for provision of warehouse, research and development, distribution, and wholesale distribution.

Staff Conclusion: Based on the discussion above, the proposed project is consistent with the General Plan, Three Corridor Specific Plan, and the City of Pinole Zoning Ordinance,

2. The proposed project will not create conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation.

Staff Comment: As part of the environmental component of project a Traffic Impact Study and a Vehicle Miles Traveled Analysis were conducted. Both studies showed that the traffic impacts were less than significant impact and will not create conflicts with implementation measures outlined in the document
Staff Conclusion: Based on the discussion above, the proposed project with not create conflicts with vehicular, bicycle or transportation modes of circulation.

3. The site layout (orientation and placement of buildings and parking areas), as well as the landscaping, lighting, and other development features, are compatible with and complement the existing surrounding environment and ultimate character of the area under the general plan and applicable specific plans.

Staff Comment: As shown on page A2.1 of the March 18, 2024, project plan set (Exhibit C), the proposed building is place strategically to complement existing Pinole Shore I buildings. The plans also show that the primary areas for distribution activity are shielded from existing residential units to the east and west of the project. All proposed lighting has been located such that none of it leaks to adjacent parcels and is consistent with the existing Pinole Shore I project.

As stated above, this project meets General Plan and Specific Plan consistency. The opportunities for landscaping and open space are limited on the property, however the project proposed landscaping areas consistent with the existing Pinole Shores I project. The landscape plans indicate that the landscaping area on the property frontage will be maintained.

Landscaping strips and pockets have been placed around the property while maintaining adequate room for parking and circulation. Pages L1.00 through L4.00 of the design package dated September 14, 2022 (Exhibit C) outline the conceptual landscape plan with potential tree, shrub and ground cover choices that are drought tolerant and well-suited to Pinole’s climate.

Staff Conclusion: Based on the above discussion, the project would be compatible with and complement the existing surrounding environment and ultimate character of the area.

4. Qualifying single-family residential, multi-family residential, and residential mixed-use projects shall comply with all relevant standards and guidelines in the city's currently adopted design guidelines for residential development.

Staff Comment: This finding is not applicable to due to this project not having a residential component.

Staff Conclusion: The finding is not applicable.

In conducting comprehensive design review, the Planning Commission must reflect on the following considerations. Each consideration is listed below followed by staff comment and conclusion.

1. Considerations relating to site layout, the orientation and location of building, signs, other structures, open spaces, landscaping, and other development features in relation to the physical characteristics, zoning, and land use of the site and surrounding properties.

Staff Comment: The Development Package dated March 18, 2024 (Exhibit C), as well as the assessment of the project in this report, demonstrates that the project has been designed to consider all of the development features applicable to the project site and surrounding properties.

The proposed development meets the applicable standards for the land use and zoning for the location.

Staff Conclusion: Based on the discussion in the staff report and the design package dated March 18, 2024. (Exhibit C), the site layout and other design features in relation to the physical characteristics of the site and surrounding properties have been considered.

2. Considerations relating to traffic, safety, and traffic congestion, including the effect of the development plan on traffic conditions on abutting streets, the layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exits, driveways, and walkways, the adequacy of off-street parking facilities to prevent traffic congestion, and the circulation patterns within the boundaries of the development.

Staff Comment: As part of the environmental component of the project a Traffic Impact Study and a Vehicle Miles Traveled Analysis were conducted. Both studies showed that the traffic impacts were less than significant impact and will not create conflicts with implementation measures outlined in the document. Conditions of Approval ENV – COA No. 113 outlines mitigations that will be required for this project.

The project proposes transportation demand management strategies. The design of the building allows for separation between the distribution component and the office component, which alleviates conflict between large delivery trucks and employee’s vehicles. The design of the project also complements the existing Pinole Shores I project so that the parking spaces between the two buildings can be shared and allow for pedestrian access.

Staff Conclusion: As documented in this report, the traffic impact analysis for this project and the proposed project design addresses and considered traffic, safety, traffic congestion and the effect of the development on traffic conditions. The project includes appropriately designed vehicle and pedestrian entrance, exits, driveways and walkways.

3. Considerations necessary to ensure that the proposed development is consistent with the general plan and all applicable specific plans or other city plans, including, but not limited to, the density of residential units.

Staff Comment: This finding is not applicable to this project due to the project not proposing any residential development.

Staff Conclusion: This finding is not applicable for this project.

4. Considerations relating to the availability of city services, including, but not limited to, water, sewer, drainage, police, and fire, and whether such services are adequate based upon city standards.

Staff Comment: The City sent communications to all of the City departments as well as EBMUD for input on availability of city services. Based on preliminary comments received of available utility information. this project has availability of water, sewer, drainage, police, and fire service.

Staff Conclusion: City services are available and adequate to serve the site. Also, the developer will pay impact fees and construct improvements to augment city services for this project.

Conditional Use Permit
Wholesale Distribution Use. At this time, the applicant does not have an end-user identified for this project. The applicant has indicated the buildings will be used primarily used for warehousing and distribution use, and/or wholesale distribution. Wholesaling and distribution are a use that is only allowed at the project site with the approval of a CUP.

Wholesaling and Distribution is listed in Table 17.20.030-1 in PMC § 17.20.030 as requiring a CUP in the OIMU Zoning District. Furthermore, Wholesaling and Distribution is defined by PMC §17.22.020. (H) as:

Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes such establishments as agents, merchandise or commodity brokers, and commission merchants, assemblers, buyers, and associations engaged in the cooperative marketing of farm products, merchant wholesalers, and stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment.

The Applicant’s architect has indicated that the most likely end-user of the building a distribution and/or light manufacturing user. However, since the end-user is unknown at this point, the applicant is requesting approval of the CUP so the building can be marketed and potentially tenanted by a wholesale distribution use.

Parking Reduction. The project includes 132 head-in parking spaces with dimensions of nine feet wide by 19 feet deep for passenger vehicles on the periphery of the site, surrounding the new structures. In calculating required on-site parking for portions of the buildings slated for warehousing, wholesaling, research and other industrial uses, PMC §17.48.040 mandates a ratio of 1 space per every 1,000 sf of gross floor area plus 1 space per every 4 employees. The applicant has provided parking for the project that meets the standard requirement of 1 space per every 1,000 sf (for warehousing, wholesaling, research. However, the project does not meet the or 250 sf (for office) of gross floor area and does not meet the additional fractional requirement which is dependent on the number of employees. As the

applicant has not identified an end-user for this project at this time, the number of employees is unknown, and the fractional requirements has not been met. Section 17.48.060 establishes that Planning Commission may grant a reduction in required parking for any use (except for single-family, ADU or two-family dwellings) through approval of a CUP. Therefore, the applicant is requesting approval of the CUP to waive the further fractional requirement, which is employee dependent, in addition to five of the 20 required parking spaces associated with the requirement to provide 1 space per 250 sf of gross floor area of office.

The architect has reported that based on their understanding of the desired uses and their experience there could be between 100-150 employees within buildings depending on the end user. This estimate takes into consideration all shifts in a 24-hour period, which will depend significantly on the specific tenants. Distribution users would be on the lower end of this estimate, research and development, laboratories or more office-intensive use are on the higher end. The operating hours for this type of use which generally are 7 pm to 7 pm on weekdays however, some uses could require 24/7 operations, with the largest shift of employees being from 7 am to 3 pm. At the lower end of the estimated employee count, the reduction would account for 38 spaces; on the upper end of the estimated employee count, the reduction would account for 63 spaces.

If the reduction is approved by the Planning Commission and once an end user is identified the applicant will be required, per COA No. 38, to conduct a parking analysis utilizing actual employee numbers to ensure that Transportation Demand Management (TDM) measures are sufficient to ensure the project is adequately parked. COA No. 39 ensures that the TDM plan is updated after the end-user is identified. If parking conditions are not satisfied, the applicant will be required to provide additional parking on their project site or apply for a Conditional Use Permit for shared parking with the Pinole Shores I site.

Findings. In order to approve the Conditional Use Permit to allow for wholesale distribution and a parking reduction at the project site, the Planning Commission must find for each of the required Conditional Use Permit findings in the PMC. The Commission must find that the project meets all of the Conditional Use Permit findings under Section 17.12.140 as well as meet three or more of the criteria under Section

17.48.060(B)(1). Each finding is listed below followed by staff comment and conclusion:

1. The proposed use is consistent with the general plan, any applicable specific plans, and all applicable provisions of this title.

Staff Comment: As stated above in this report, General Plan and Specific Plan goals and policies have been identified to satisfy consistency with the project. The project is compatible with the applicable zoning development standards for the project as shown in Table 1, and as otherwise permitted for provision of warehouse, research and development, distribution, and wholesale distribution.

Staff Conclusion: Based on the discussion above, and with the exception of the fractional requirement for employee parking, the proposed project is consistent with the General Plan, Three Corridor Specific Plan, and the City of Pinole Zoning Ordinance, and as otherwise permitted through State Law.

2. The establishment, maintenance, or operation of the use applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be

detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the city.

Staff Comment: As shown on page A6.1 of the project plan dated March 18, 2024 (Exhibit C), the new buildings will be located in the rear of the existing Pinole Shores Business Park and approximately 120 feet from the nearest residential neighborhood to the east of the project site. On Page A6.1 shows the orientation of building has been designed such that the main entrances are located away from the existing residential properties to the west.

The Pinole Shores Business Park was established over 15 years ago. The approval of this project will not be detrimental to the health, safety, peace, moral, comfort or general welfare of persons residing or working in the neighborhood of such use of to the general welfare of the City.

The Pinole Shores project is providing 132 parking spaces in the rear of the property for new building. The San Pablo Avenue Corridor general parking standards call for a reduction in parking when one of five conditions exist. Staff has listed three conditions that exist with the Pinole Shores II project.
1) Shared parking arrangements can demonstrate that peak hour parking demand will not coincide to generate demand that is greater than the parking provided. 2) The property is adequately served by and is in close proximity to frequent transit service. 4) A transportation demand management program will reduce parking demand at the site Staff Conclusion: Based on the orientation of the building and the existing Pinole Shores I project, and by the applying the General Parking Standards in the San Pablo Corridor of the Three Corridor Specific Plan the proposed project will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the city.

3. The site of the proposed use is physically suitable for the type, density and intensity of the use and related structures being proposed.

Staff Comment: The Development Package dated March 18, 2024 (Exhibit C), as well as the assessment of the project in this report demonstrates that the project has been designed to consider all of the development features applicable to the project site and surrounding properties.

Development would meet the applicable standards for the land use and zoning for the location, and as otherwise permitted though State Law.

The Pinole Shores project is providing 132 parking spaces in the rear of the property. The San Pablo Avenue Corridor general parking standards call for a reduction in parking when one of five conditions exist. Staff has listed three conditions that exist with the Pinole Shores II project. 1) Shared parking arrangements can demonstrate that peak hour parking demand will not coincide to generate demand that is greater than the parking provided.

2) The property is adequately served by and is in close proximity to frequent transit service. 4) A transportation demand management program will reduce parking demand at the site Staff Conclusion: Based on the discussion in the staff report and the design package dated March 18, 2024, relating to site layout and other design features in relation to the physical characteristics of the site and surrounding properties have been made.

4. It will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located. The proposed use and related structures are compatible with other land uses, transportation, and service facilities in the vicinity.

Staff Comment: This project is not contrary to specific intent clause, development regulations or performance standards established for the zoning district in which it is located. The proposed uses and related structure are compatible with other land uses, transportation, and service facilities in the vicinity. The structure that is being proposed is more modern in terms of design and functionality to the Center. As stated above, this project meets the development standards in the Three Corridor Specific Plan and the Pinole Municipal Code.

The Pinole Shores project is providing 132 parking spaces in the rear of the property for the building. The San Pablo Avenue Corridor general parking standards call for a reduction in parking when one of five conditions exist. Staff has listed three conditions that exist with the Pinole Shores II project.
1) Shared parking arrangements can demonstrate that peak hour parking demand will not coincide to generate demand that is greater than the parking provided. 2) The property is adequately served by and is in close proximity to frequent transit service. 4) A transportation demand management program will reduce parking demand at the site Staff Conclusion: Based on the analysis above, Staff concludes this finding has been met.

Parking Reduction Findings. Section 17.48.060 establishes that Planning Commission may grant a reduction in required parking through approval of a CUP. In addition to the required Conditional Use Permit findings under Section 17.12.140, in order to grant a reduction in parking the Commission must find that the project meets three or more of the criteria under Section 17.48.060(B)(1). Currently, the Applicant is proposing 132 parking spaces. Based on the parking requirements in the Municipal Code, this project does not meet the standard. The project is required to have 137 parking spaces plus one space for every four employees. At this time there is no end user. Once the Applicant has an end user, they are required to complete a parking ratio study to determine how many additional parking spaces are needed.

The Conditional Use Permit if granted will allow the applicant to waive the additional five parking spaces and the fractional requirement of the one space for every four employees.

Section 17.48.060 (Parking Waiver Findings). In addition to the required Conditional Use Permit findings under Section 17.12.140, in order to grant a reduction in required parking, the Planning Commission must

find that the project can be found to meet at least three of the four required criteria in PMC Section

17.48.060(B)(1) presented below. The criteria are in italics, followed by staff comments:
a. The use will be adequately served by the proposed parking due to the nature of the proposed operation; proximity to frequent transit service; transportation characteristics of persons residing, working, or visiting the site; or because the applicant has undertaken a travel demand management program that will reduce parking demand at the site.

Staff Comment: Depending on the use of the building (Wholesale/Distribution), the hours of operations (24/7), not all of the employees would be in the building at the same time. Due to all of the employees not being in the building, the personnel will not exceed the 132 parking spaces. Based on the site’s proximity to transit and implementation of a travel demand management program, and the 132 proposed parking spaces on site, and transit availability, there is adequate parking proposed. COA No. 38 & 39 require the applicant to complete a travel demand management program that will reduce demand at the site.

Staff Conclusion: Based on the analysis above, the use will be adequately served by the proposed parking and the criterion has been met.
b. Parking demand generated by the project will not exceed the capacity of or have a detrimental impact on the supply of on-street parking in the surrounding area.

Staff Comment: Based on the applicant’s parking analysis, the project will accommodate 132 parking spaces. The Pinole Shores Industrial has a cross access agreement that allows employees to park anywhere within the development. The Pinole Shores I and II projects will have approximately 373 parking spaces with the completion of this project. The supply of on-street parking should not be detrimentally impacted in the surrounding area.

Staff Conclusion: Based on the analysis above, Staff concludes that this criterion has been met. c. The site plan is consistent with the objectives of the zoning district and incorporates features such as unobtrusive off-street parking placed below the ground level of the project with commercial uses above or enclosed parking on the ground floor.

Staff Comment: The site plan meets the objectives of the Zoning District and due to the location of the buildings, tucked behind other buildings and not visible from San Pablo Avenue. This project is consistent with the Pinole Shores I project parking lot alignments that are behind and to the side of the buildings. The spirit of this finding is met as the parking surrounding the building is unobtrusive and professionally landscaped.

Staff Conclusion Based on the analysis above, Staff concludes that this criterion has been met:
d. The applicant has provided on-site parking for car share vehicles via a recorded written agreement between the landowner and the city that runs with the land. Agreement shall provide for proof of a perpetual agreement with a car share agency to provide at least one (1) car share vehicle on-site.

Staff Comment/Conclusion: This criterion is not needed to be evaluated since the first three have been met.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) provides several Categorical Exemptions which are applicable to categories of projects and activities that the Lead Agency has determined do not pose a risk of significant impacts on the environment. The subject project consists of development within the developed urban area of the City of Pinole. The project is exempt under §15332 of the State CEQA Guidelines (Class 32-Infill Development Projects), Sec. 15168 (Consistency with Program EIR) and Sec. 15183 (General Plan/Community Plan Exemption), and under Government Code §65457 (Consistency with Specific Plan). The detail of these exemptions is located in Exhibit B of this report.

PUBLIC NOTIFICATION
Pursuant to California Government Code § 65090 to 65094, public notice must be given at least 10 days before the scheduled date of a hearing. The notice is required to state the date, time, and place of hearing, identify the hearing body, and provide a general explanation of the matter to be considered.

Notice of this hearing was provided in accordance with PMC §17.10.050 in the following manner:
1- Published in at least one newspaper of general circulation in the city. 2- Mailed to the owners of property within a radius of five hundred feet of the exterior boundaries of the property involved in the application. 3- Mailed to the owner of the subject real property or the owner's authorized agent and to each local agency expected to provide water, sewerage, streets, roads, schools, or other essential facilities or services to the proposed project. 4- Posted at City Hall.
5- Mailed to any person who has filed a written request for notice.

STAFF RECOMMENDATION
Staff recommends that the Planning Commission adopt Resolution 24-02 (Exhibit A) approving the Comprehensive Design Review, Conditional Use Permit, and CEQA Exemption for the Pinole Shores II Project at 836 -848 San Pablo Avenue.

EXHIBIT
A. Draft Resolution 24-02 – with Exhibit A, Conditions of Approval B. CEQA Determination – CEQA Exemption, with Environmental Studies C. Plan Set dated March 18, 2024
D. Transportation Demand Management Plan dated December 2022

PLANNING COMMISSION RESOLUTION 24-02
WITH EXHIBIT A: CONDITIONS OF APPROVAL

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PINOLE APPROVING COMPREHENSIVE DESIGN REVIEW (DR23-12) AND CONDITIONAL USE PERMIT FOR WHOLESALE DISTRIBUTION AND PARKING REDUCTION (CUP 23-05), TO CONSTRUCT ONE BUILDING TOTALING 119,228 SQUARE FEET LOCATED AT 830-848 SAN PABLO AVENUE (APNS 402-230-015, 016, 017, 018 & 020) AND FINDING THE PROJECT EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, OneCorp Global in association with Herdman Architecture & Design (Applicant) filed an application with the City of for a Comprehensive Design Review and Conditional Use Permit for the purpose of constructing a concrete tilt-up buildings totaling 119,228 square feet Title 17, of the Pinole Municipal Code (the “Project”; and WHEREAS, the Project site is located on the north side of San Pablo Avenue on a property identified as APNs 402-230-015, 016, 017, 018 & 020; and WHEREAS, the site has a General Plan Land Use Designation of Sub Service Area (SSA) and has a Specific Plan Land Use designation and Zoning designation of SSA/San Pablo Avenue Corridor/Office Industrial Mixed Use, (OIMU); and
WHEREAS, the site is adjacent to the Pinole Shores I project, which includes two light industrial buildings, and a building that is used for ancillary commercial uses (a restaurant, a commercial kitchen for small business and catering, and a gym); and WHEREAS, new non-residential buildings are subject to review and approval of a Comprehensive Design Review application; and
WHEREAS, this project is proposing wholesale distribution as a use for the proposed buildings, which requires a Conditional Use Permit; and WHEREAS, this project is requesting a reduction of parking commiserate with the additional fractional parking required based on number of employees, which requires a Conditional Use Permit; and
WHEREAS, this project successfully implements policies of the General Plan and Three Corridors Specific Plan; and
WHEREAS, the City of Pinole General Plan and Three Corridors Specific Plan were approved, and the Environmental Impact Report (SCH Number 2009022057) was certified on October 20, 2010, by Resolution Number 2010-88, and are hereby incorporated by reference and copies of which are available at City Hall; and
WHEREAS, in compliance with California Environmental Quality Act (CEQA), the City prepared a CEQA Analysis (which is located in Attachment B of the Staff Report); and Exhibit A

WHEREAS, the CEQA Analysis uses streamlining provisions in accordance with CEQA Guidelines 15168 and 15183 for consistency with the General Plan and Three Corridors Specific Plan and the certified Environmental Impact Report (EIR); and WHEREAS, the CEQA Analysis identified environmental conditions of approval, which ensure implementation of applicable mitigation measures and policies set forth in the General Plan, Three Corridors Specific Plan and the corresponding EIR, and which have been incorporated into the Conditions of Approval for the Project; and WHEREAS, the Planning Commission has reviewed the CEQA analysis contained in Attachment B to the Staff Report for this Project dated June 10, 2024; and WHEREAS, the Planning Commission has considered the Project in light of the items listed in Municipal Code sections 17.12.140 and 17.12.150(H), and WHEREAS a notice of public hearing was distributed to all property owners and apartment units within 300 feet of the Project site and a notice was published in the May 24, edition of the West County Times; and
WHEREAS the Planning Commission held a duly noticed public hearing on June 10,2024, and considered all public comments received, the presentation by City staff, the staff report and exhibits, and all other pertinent documents regarding the proposed request.

NOW THEREFORE, BE IT RESOLVED, that the above recitals are true and correct and made part of this resolution.

BE IT FURTHER RESOLVED that the Planning Commission approves and finds that the Project is consistent with the programmatic EIR previously certified by the City for the Three Corridors Specific Plan, and therefore the Project is exempt from further environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15168 and 15183 as further described in the CEQA analysis contained in Attachment B to the staff report dated May 8, 2023.

BE IT FURTHER RESOLVED that the Planning Commission of the City of Pinole hereby approves DR23-12 and CUP 23-05, subject to the Conditions of Approval, applicable to the entire Project, attached as Exhibit A to this Resolution and incorporated herein, and hereby makes the following findings, for the reasons provided in the Planning Commission Staff Report dated June 10, 2024 and incorporated by reference:

Design Review Findings

1. The proposed project is consistent with the objectives of the general plan and complies with applicable zoning regulations, planned development, master plan or specific plan provisions, improvement standards, and other applicable standards and regulations adopted by the city.

2. The proposed project will not create conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation.

3. The site layout (orientation and placement of buildings and parking areas), as well as the

landscaping, lighting, and other development features, are compatible with and complement the existing surrounding environment and ultimate character of the area under the general plan and the Three Corridors Specific Plan: and

4. Qualifying single-family residential, multi-family residential, and residential mixed-use projects shall comply with all relevant standards and guidelines in the city's currently adopted design guidelines for residential development.

Conditional Use Permit Findings

1. The proposed use is consistent with the general plan, any applicable specific plans, and all applicable provisions of this title

2. The establishment, maintenance, or operation of the use applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the city

3. The site of the proposed use is physically suitable for the type, density and intensity of the use and related structures being proposed.

4. It will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located. The proposed use and related structures are compatible with other land uses, transportation, and service facilities in the vicinity.

Reduction of Parking Findings
The Planning Commission also finds that this proposed reduction of 5 parking spaces and the fractional requirement of 1 space per 4 employees parking for the project meets the following three circumstances as stated in Section 17.48.060 (B)(1):
a. The use will be adequately served by the proposed parking due to the nature of the proposed operation; proximity to frequent transit service; transportation characteristics of persons residing, working, or visiting the site; or because the applicant has undertaken a travel demand management program that will reduce parking demand at the site. b. Parking demand generated by the project will not exceed the capacity of or have a detrimental impact on the supply of on-street parking in the surrounding area. c. The site plan is consistent with the objectives of the zoning district and incorporates features such as unobtrusive off-street parking placed below the ground level of the project with commercial uses above or enclosed parking on the ground floor.

PASSED AND ADOPTED by the Planning Commission of the City of Pinole on this 10th day of June 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________________
Rafael Menis, Chair 2024-2025
ATTEST:
________________________________
David Hanham, Planning Manager

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 1 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
General Conditions

1. CONVENANT – The owner shall hold harmless the City, its Council Members, its Planning Commission, officers, agents, employees, and representatives from liability for any award, damages, costs, and fees incurred by the City and/or awarded to any plaintiff in an action challenging the validity of this permit or any environmental or other documentation related to approval of this permit. The owner further agrees to provide a defense for the city in any such action.

Ongoing Community
Development
Department/
Public Works
Department

2. APPROVAL OF CONDITIONS ON CONSTRUCTION PLANS – These Conditions of Approval shall be included or referenced on the coversheet of the project improvement plan and building construction plans.

Prior to issuance
of Building
Permit
Community
Development
Department

3. OCCUPANCY PERMITS – Occupancy permits shall not be granted until construction is completed and finalized in accordance with the approved plans and conditions of approval required by the City, or a bond has been posted to cover all costs of the unfinished work as agreed to by the Community Development Department.

Prior to
Occupancy
Permits
Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 2 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

4. GENERAL – All public improvements shall be made in accordance with the latest adopted Contra Costa County Standard Drawings and Specifications. All work shall conform to the applicable City ordinances. Good housekeeping practices shall be observed at all times during the course of construction. The storing of goods and materials on the sidewalk and/or street will not be allowed unless a special permit is issued. The owner’s representative in charge shall be at the job site during all working hours.

During
Construction
Public Works
Department

5. PERMITS REQUIRED BY OTHER AGENCIES – The applicant shall obtain all permits that may be required by one or more federal, State, or local agency, service provider, or easement holder including but not limited to the following: State Department of Fish and Wildlife, Caltrans. Army Corps of Engineers, Bay Area Air Quality Management District, Kinder Morgan, EBMUD, and PG&E, County Flood Control and Water Conservation District, County Environmental Health, and the West Contra Costa Unified School District. If project is within jurisdiction of any of these agencies, verification of permit or waiver of permit must be given to the Community Development Department prior to issuance of any City permits. If the City is required to be party to the permit and an application and fee is Prior to Issuance
of Permits
Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 3 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
required, the applicant shall reimburse the City for its cost. A Notice of Intent must be issued by the Regional Water Quality Control Board before a permit can be issued and a Notice of Termination must be issued at the end of the project by the Regional Water Quality Control Board before a Certificate of Occupancy is issued.

6. EXERCISE OF ENTITLEMENTS – The applicant has two (2) years to exercise the entitlement. Entitlements shall be considered exercised when a Building Permit is issued for the first building. Requests for extensions shall be in accordance with Section 17.10.100.

Prior to issuance
of Building
Permit
Community
Development
Department
Public Works Conditions

7. PERMITS, BONDS, AND INSURANCE – The applicant shall obtain an encroachment permit, posting the required bonds and insurance, for all work to be done in the City’s right-of-way. This encroachment permit shall be obtained prior to the issuance of a building permit and prior to any work being done in the City’s right-of-way.

Prior to issuance
of Encroachment
Permits
Public Works
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 4 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

8. SITE DEVELOPMENT – The applicant shall submit a site grading and drainage plan with all supporting data, including hydraulic calculations. The grading and drainage plan shall be prepared by a registered Civil Engineer and be approved by the Public Works Department prior to the issuance of any City permits pursuant to PMC §15.36.

Prior to issuance
of Permits
Public Works
Department

9. R
E
REFUSE AREA AND DESIGN – The project shall provide for service by Republic Services. The area and access to trash, recycling, and green waste containers shall be approved in advance by Republic Services.

Prior to the
issuance of
Building Permit
Public Works
Department

10. EROSION CONTROL PLAN – The applicant shall submit an erosion control plan in accordance with the City’s Grading Ordinance (PMC §15.36.190) when grading is performed during winter season (October 1 through April 15). For all sites over one acre, in accordance with the City's Erosion Control Ordinance (PMC §08.20) the applicant shall submit:
a. Storm Water Pollution Prevention Plan (SWPPP)
b. Strom Water Control Plan (SCP) Certified by an Architect or Engineer. c. Operation and Maintenance.

Prior to issuance
of Permits
Public Works
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 5 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

11. PARKING LOTS – The applicant shall submit plans for parking lots showing proper grading, drainage, and conformance to City engineering standards. The plans shall be prepared by a registered Civil Engineer and be approved by the Public Works Director.

Prior to issuance
of Permits
Public Works
Department

12. MATERIAL HAULING – The applicant shall submit a proposed material hauling route and schedule. Said submittal shall be approved by the City Engineer prior to issuance of a building or site development permit. All material hauling activities including but not limited to, adherence to approved route, hours of operation, dust control and street maintenance shall be the responsibility of the applicant (as per Section 15.36.080 of the PMC). Violation of such may be cause for suspension of work.

Prior to issuance
of Permits
Public Works
Department

13. TREATMENT PLANT CAPACITY CONTRIBUTION – The applicant shall pay sewer connection fees pursuant to PMC § 13.05.420 or such similar fees imposed by the City of Pinole, if applicable.

Prior to Issuance
of Building
Permits
Public Works
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 6 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

14. SEWER USE FEES – The applicant shall pay sewer use fees, or such similar fees imposed by the City of Pinole, if applicable.

Prior to issuance
of Building
Permits
Public Works
Department

15. CHARGES FOR PUBLIC WORKS – The applicant shall deposit funds with the City to pay for all engineering, inspection and survey services that may be required during construction of the project in accord with PMC §13.05.430 Prior to issuance
of Permits
Public Works
Department

16. INSPECTIONS – The applicant shall notify the Public Works Department at least forty-eight (48) hours prior to staring any work pertaining to on-site drainage facilities, grading, or paving; all work in the City’s right-of-way as per Section

15.36.230 of the Municipal Code.

Prior to Issuance
of Permits
Public Works
Department

17. UNDERGROUND UTILITIES – The applicant must agree to install all utility service, including telephone, electric power, and other communications lines underground as per Chapter 13.16 of the Municipal Code.

Prior to issuance
of Building
Permits
Public Works
Department

18. STORM DRAINAGE STUDY – The applicant shall submit a completed storm drainage study of the proposed project showing amount of run-off, and existing Prior to issuance
of Building
Permits
Public Works
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 7 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
and proposed drainage structure capacities. This study shall be subject to review and approval by the City Engineer.

19. DRAINAGE PLANS - The applicant shall prepare a construction drainage plan and final drainage plan for Public Works Department review and approval. The construction drainage plan will show how drainage will be handled during construction. The final drainage plan will show how drainage will be handled after construction is complete. The final plans shall demonstrate capacity to manage stormwater runoff. Site design shall avoid drainage of water from one property onto another property and shall be subject to approval by the City Engineer.

Prior to issuance
of Building
Permit
Public Works
Department

20. SIDEWALK, CURB AND GUTTER REPAIR - The applicant shall repair and replace to existing City standards, any sidewalk, curb, and gutter that is damaged now or during construction of this project. A field visit shall be scheduled with Community Development Department and Public Works Department staff prior to the issuance of any construction permits to document pre-construction conditions in the field.

Prior to
Occupancy
Public Works
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 8 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

21. WHEELCHAIR RAMP(S) – The applicant shall construct all wheelchair ramp(s) in accordance with applicable California Building Code and ADA requirements.

During
Construction
Community
Development
Department/
Public Works
Department

22. GRADING AND DEMOLITION PLANS – The applicant shall obtain City approval for the project grading and demolition plans prior to issuance of building permits.

Prior to Issuance
of Building
Permit
Public Works
Department

23. CERTIFIED GRADED PAD – A California-Licensed Engineer shall certify that the graded construction pads have been adequately compacted and designed to support the proposed buildings.

Ongoing through
Construction
Public Works
Department

24. CONSTRUCTION SITE INFORMATION – A construction sign shall be installed on at the construction site that has contains contact person’s name, mobile phone number, and email address shall be posted on the project site during the duration of construction. The property address shall be clearly marked during the construction process.

Ongoing through
Construction
Public Works
Department

25. DEBRIS REMOVAL – All building debris shall be disposed of outside the City of Pinole to a legal dump site.

During
Construction
Community
Development

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 9 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
Department

26. CONSTRUCTION ACTIVITIES – The following provisions shall be followed during site excavation, public works, and building construction activities for the project:
a. Work is restricted to between 7:00A.M. and 5:00 P.M. on weekdays. Work is restricted on federal holidays. Work is allowed on holidays occurring on weekdays that are recognized by the City of Pinole, but not acknowledged federally which include Cesar Chavez's Birthday and the Day After Thanksgiving, but no inspections will be performed.
b. Earth haul and materials delivery to and from the site will be prohibited between the hours of 7:00 - 9:00 A.M. and 3:00 - 6:00 P.M. c. All construction vehicles should be properly maintained and equipped with exhaust mufflers and meet State and Federal standards. d. Newly disturbed soil surfaces shall be watered down regularly by a water truck maintained on site during all day light hours and construction grading activity shall be discontinued in wind conditions greater than 10 During
Construction
Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 10 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
miles per hour.
e. Construction activities shall be scheduled so that paving and foundation placement begin immediately upon completion of grading operation. f. All excavated materials shall be covered with a tarp during transit to and from the site.

27. CONSTRUCTION WASTE MANAGEMENT PLAN – The Applicant shall submit to the Community Development Department a pre-construction waste management plan prior to the issuance of any construction permit to satisfy the CALGreen Building Code requirements.

Prior to Issuance
of Permits
Community
Development
Department

28. CONSTRUCTION WASTE MANAGEMENT REPORT – DEBRIS REMOVAL – The applicant shall complete post-construction waste management report for review and approval by the Community Development Department prior to final inspection to satisfy CALGreen Building Code Requirements. All building debris shall be properly disposed of outside the City of Pinole.

Prior to Issuance
of Permits
Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 11 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

29. PRE-CONSTRUCTION MEETING – The applicant’s construction contractor(s) shall attend a pre-construction meeting as needed with City Staff to coordinate satisfaction of conditions of approval during construction.

Prior to Issuance
of Permits
Community
Development s
Department/
Public Works
Department

30. SOILS REPORT – A soils A soils report containing all design recommendations of footings, retaining walls and any other information pertinent to the soil condition shall be required. The soils report shall be prepared by a licensed soils engineer or geologist.

Prior to Issuance
of Permits
Community
Development s
Department/
Public Works
Department

31. STANDARD DRAWINGS FOR PUBLIC IMPROVEMENT – All public improvements shall be made in accordance with the latest adopted Contra Costa County Standard Drawings and Specifications. All work shall conform to the applicable City Ordinances. Best Construction Management Practices shall be observed at all times during the course or construction.

Prior to Issuance
of Permits
Public Works
Department

32. CONSTRUCTION MANAGEMENT – The storing of goods and materials on the sidewalk and/or street will not be allowed unless a special permit is issued. The Prior to Issuance
of Permits
Public Works
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 12 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
project site shall be kept free of litter and all construction equipment and materials will be secured at the end of each construction day. The applicant’s representative in charge shall be at the job site during all working hours. The public streets adjacent to construction activity shall be maintained in a clean and orderly condition to the satisfaction of the Public Works Director.

33. PUBLIC WORKS INSPECTIONS—The applicant shall notify the Public Works Department at least forty-eight (48) hours prior to the starting any work pertaining to on-site drainage facilities, grading, or paving, as well as any work in the City’s Right-of-Way as per Section 15.36.230 of the PMC. The applicant shall arrange all inspections with the Public Works Inspector.

During
Construction
Public Works
Department
Community Development Conditions

34. UTILITIES – All electrical, telephone, water, C.A.T.V. and similar utility services which provide service to the subject building shall be installed underground. All transformers, meter boxes, etc., shall be screened from view wherever possible.

Prior to
Occupancy
Permits
Community
Development
Department/
Public Works
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 13 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

35. EXTERIOR MATERIAL AND COLORS – All exterior materials and colors shall reflect those in the plan set dated March 18, 2024, approved by the Planning Commission. Once installed, all improvements are to be maintained in accordance with the approved plans. Any changes which affect the exterior character shall be resubmitted to the Community Development Department for review and approval. The Planning Manager may approve minor changes. Any changes determined by the Community Development Department to be significant may be referred to the Planning Commission after conferring with the Chair of the Planning Commission.

Ongoing Community
Development
Department

36. PARKING MANAGEMENT PLAN – The applicant shall submit a final parking management plan for review and approval by the Planning Manager.

Prior to Issuance
of Building
Permit
Community
Development
Department

37. PARKING – The applicant shall demonstrate that the parking requirements under Chapter 17.48 of the PMC and any other building code required for the proposed development have been fulfilled. Each parking space designated for compact cars shall be identified with a pavement marking reading “Compact Only,” or its equivalent. All parking spaces intended to satisfy on-site parking requirements shall be located within the project site boundaries. Additional parking may be Prior to Issuance
of Building
Permit
Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 14 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
used to satisfy on-site parking requirements if project site boundaries change as a result of a recorded parcel map, or a Conditional Use Permit is granted and a shared parking agreement with an abutting property owner is recorded.

38. END USER PARKING ANALYSIS – After an end-user is identified for the building, the applicant shall conduct a parking analysis utilizing actual employee counts, and subject to review and approval by the Planning Manager, to confirm that Transportation Demand Management measures are sufficient to ensure that parking demand will not exceed on-site parking. If additional Transportation Demand Management measures are required to reduce parking demand, the Transportation Demand Management Plan in COA No. 39 shall be updated and submitted for the review and approval by the Planning Manager.

Re-tenanting the buildings shall require an updated parking analysis and may require an updated Transportation Demand Management Plan in order to ensure that that parking demand will not exceed on-site parking. Additional parking may be used to satisfy on-site parking requirements if project site boundaries change as a result of a recorded parcel map, or a Conditional Use Permit is granted and a shared parking agreement with an abutting property owner is recorded.

Prior to Issuance
of Building
Permit
Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 15 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

39. TRANSPORTATION DEMAND MANAGEMENT PLAN – The applicant shall be required to submit a final Transportation Demand Management Plan that includes Transportation Management Associations (TMA) for large employers and commercial/industrial complexes for review and approval by the Planning Manager.

Prior to
Occupancy
Permits
Community
Development
Department

40. TRANSIT – The applicant shall coordinate with WestCAT in conjunction with the relocation of sidewalk for the installation of a new bus shelter at the stop closest to the project site. The applicant shall coordinate with the WestCat on shelter design, which will include seating. Please reference PMC 17.44.050. b. 5 for allowance of shelters in the landscaping areas.

41. LIGHTING – The plan set shall include final lighting fixtures proposed on site.

Lighting shall be consistent with the illumination levels and requirements under Pinole Municipal Code Chapter 17.46, or as otherwise required for the Building Division and Police Department for code compliance and safety.

Any lighting used shall be so arranged as to reflect the light away from adjoining properties or public streets.

Prior to Issuance
of Occupancy
Permit
Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 16 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

42. MECHANICAL EQUIPMENT – All mechanical devices and their component parts, such as air conditioners, evaporative coolers, exhaust fans, or similar equipment located wholly or partially on the roof or wall shall be screened from view. All wall mounted heating units or air conditioners shall be flush-mounted or screened from view.

During
Construction
Community
Development
Department

43. PARKING LOT LIGHTING – Lights shall be provided in the parking area. Any lighting used shall be so arranged as to reflect the light away from adjoining residential areas or public streets. Lighting shall be installed with the intent to provide only as much light as is necessary for public safety and shall satisfy the requirements of Chapter 17.46 of the PMC.

Prior to Issuance
of Occupancy
Permit
Community
Development
Department

44. VENTS, GUTTERS, AND FLASHING, ETC. – All vents, gutters, downspout, flashings, electrical conduits, etc., shall be painted to match the color of the adjacent surface.

Prior to
Occupancy
Permits
Community
Development
Department

45. TRASH ENCLOSURES – All trash enclosures shall be constructed of sturdy, opaque materials, which are in harmony with the architecture of the nearest building and shall meet applicable Contra Costa County Health Department and Prior to
Occupancy
Permit
Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 17 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
City requirements. Trash enclosures shall be covered.

46. NOISE STANDARDS - The noise standards established in the General Plan shall be applicable to all developments. These noise standards apply to exterior and are:

RESIDENTIAL COMMERCIAL INDUSTRIAL
60 dBA (Day) 65dBA (Day & Eve) 75 dBA (All)
55 dBA (Eve) 60 dBA (Night)
50 dBA (Night)
Day: 7 a.m. to 7 p.m.; Evening: 7 p.m. to 10 p.m.; Night: 10 p.m. to 7 a.m.

Ongoing Community
Development
Department

47. SCHOOL, GROWTH AND PARK IMPACT FEES – Prior to issuance of a building permit, the applicant shall pay all applicable school, growth (as per Chapter 3.20 of the Municipal Code) and park (as per Chapter 16.28 of the Municipal Code) impact fee.

Prior to Issuance
of Building
Permit
Community
Development
Department

48. SUBREGIONAL TRANSPORTATION MITIGATION PROGRAM (STMP) FEE – Prior to issuance of a building permit for new construction the applicant shall pay the Prior to Issuance
of Building
Community
Development

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 18 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
applicable STMP fee, pursuant to PMC §16.30. Permit Department

49. DEVELOPMENT IMPACT FEE – The applicant shall pay all applicable development impact fees prior to issuance of the building permit.

Prior to issuance
of Building
Permit
Community
Development
Department

50. COST ESTIMATE – The applicant shall obtain a cost estimate of construction permitting, including plan check and impacts fees, prior to applying for a building permit.

Prior to
Submittal of a
Building Permit
Community
Development
Department

51. GEOTECHNICAL REPORT AND FOUNDATION DESIGN – The project shall implement the recommendations of the Geotechnical Investigation (Soils Management Plan dated 10/3/2022 prepared by Levine-Frick. The project shall avoid the use of driven piles for creation of a deep foundation system. Where there are no alternatives to the use of driven piles, the project may be subject to reconsideration by Planning Commission and revised project documentation to on potential impacts, as deemed necessary by the Community Development Director
.

Prior to issuance
of Building
Permit
Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 19 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

52. GENERAL LANDSCAPING REQUIREMENTS - The Applicant shall prepare a detailed final landscape plan. The final landscaping plan shall be prepared by a landscape architect, registered in California, and shall be submitted to the Community Development Department for review and approval prior to the issuance of a building permit. The landscape plan shall comply with Chapter

15.54 and Chapter 17.38 of the Municipal Code, be in compliance with Condition No. 57 through 60 and shall include the following:
a. Sizes, species, locations of all plant materials.
b. Location of all trees (6 inches in diameter or greater). c. Irrigation plan indicating all components of the irrigation system including sprinklers and other outlets, valves, backflow prevention devices, controllers, and piping.
d. All trees to be a minimum of 15 gallon, double staked and all proposed shrubs on site shall be a minimum of five gallon and use as many native plants and trees as possible.

Prior to issuance
of Building
Permit
Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 20 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
e. Native tree species shall be used to the maximum extent as possible in the planting of new trees, with any non-natives proposed supported with a statement by the landscape architect explaining the planting palette.

53. LANDSCAPING MAINTENANCE – The property owner shall ensure landscaping areas are maintained and that dead trees and vegetation shall be replaced.

Ongoing Community
Development
Department

54. WATER EFFICIENT LANDSCAPE – The project shall demonstrate compliance with water efficient landscape requirements pursuant to Chapter 15.54 of the PMC for review with the building permit plans.

Prior to Issuance
of Building
Permit
Community
Development
Department

55. CONSTRUCTION FENCING PLAN – The applicant shall prepare and submit a final fencing plan for the construction fencing for review and approval by the Community Development Director. All fencing for construction purposes shall be durable and remain in good throughout the life of the construction of the project.

Prior to Issuance
of Building
Permit
Community
Development
Department

56. PARKING LOT LANDSCAPE REQUIREMENTS - All parking areas in excess of 30 stalls shall provide a minimum landscaped area of five feet in width where the facility adjoins a property line. The perimeter-landscaped strip may include any Prior to Issuance
of Building
Permit
Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 21 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
landscaped yard or landscaped area otherwise required and shall be continuous, except for required access to the site of to the parking. Interior landscaping within a parking lot containing 12 of more stalls shall include a minimum of one 15-gallon tree for each four parking spaces as per Section

17.24.050 (c) of the Municipal Code.

57. LANDSCAPING CERTIFICATE OF COMPLETION – A Certificate of Completion shall be submitted by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor certifying that the landscape project has been installed per the approved Landscape Documentation Package.

Prior to
Occupancy
Community
Development
Department

58. TREE REMOVAL – The applicant shall note the location of all mature trees (4 inches in diameter at breast height (measured 4.5 feet above natural grade) or greater) to be removed from the project site, provide an Arborist Report, and submit a tree removal permit application prior to issuance of a building permit.

Prior to the
Issuance of
Building Permit
Community
Development
Department

59. STANDARD TREE REPLACEMENT REQUIREMENTS – All trees that are removed from the site shall be replaced in accordance with the replacement table for existing trees. Any non-protected tree, which is removed, that was shown to be preserved on the final landscaping plan shall be replaced at twice the rate Prior to
Occupancy
Permits
Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 22 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
indicated on the replacement table.

STANDARD REPLACEMENT TABLE FOR EXISTING TREES
Size of Tree
to be
removed.
(Trunk
Diameter)
36 Inch Box 24 Inch Box 15 Gallon 5 Gallon
6” to18” 1 2 10 15
18” to 24” 2 4 15 25
24” to 36” 3 6 20 45
36” & Over 4 8 30 60
Numbers in replacement table refers to quantities to be used to replace each tree. Each tree container size number in the vertical column represents a 100% replacement value for an existing tree removed (size as noted). These numbers (columns) may be mixed as long as proportionate totals will equal 100%. For example: one 24" tree may be replaced with six 24" box trees or three 24" box trees plus ten 15-gallon trees or one 36" box tree plus four 24" box trees, etc.

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 23 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

60. PROTECTED TREE REPLACEMENT REQUIREMENTS - All trees designated as Protected trees pursuant to PMC Chapter 17.98, and which are approved for removal through a Tree Removal Permit issued by the City shall be replaced at a ratio of two replacement trees for each removed Protected tree and in compliance with the following:
a) For each removed Protected tree, one 48-inch or 60-inch box tree, and one 36-inch box trees shall be planted as replacement trees. b) The species of replacement trees and exact planting location is subject to review and approval by the Community Development Director, in consultation with the Planning Commission Ad-Hoc Subcommittee. c) The species selection shall be drought-tolerant and native, shall complement the architectural design of structures on the site, and shall be suitable for the soil and climatic conditions specific to the site. d) A protected tree removal plan, pursuant to PMC Section 17.96.060.D, shall be submitted indicating which protected trees can be removed and shall be used by the Community Development Director to issue a protected tree removal permit in compliance with the action taken on the entitlements.

Prior to the
Issuance of
Building Permit
(tree removal
plan)
Prior to
Occupancy
Permits
(installation of
landscaping)
Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 24 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

61. CONFORMANCE WITH APPROVED PLANS – All building permit drawings and subsequent construction shall substantially conform to the approved planning application drawings. Any modifications must be reviewed by the Planning Manager who shall determine whether the modification requires additional approval of the Planning Commission or City Council.

Prior to Issuance
of Building
Permits
Community
Development
Department

62. MODIFICATION OF APPROVED PLANS – Failure to obtain prior approval to modify the approved plans may result in a fine equal to double the original planning application permit fee and/or withholding of the occupancy permit until such time as the modification(s) to the plans has been reviewed by the Planning Commission or City Council.

Ongoing Community
Development
Department

63. VIOLATION/PENALTY – Any person, firm or corporation, whether as principal, agent employee or otherwise, violating any of the provisions in Title 17 of the Municipal Code or any condition of an approval, permit or license granted pursuant to the provisions of this same title shall be deemed guilty of an infraction, punishable on the first offense by a fine not exceeding one hundred dollars, and on the second offense by a fine not exceeding two hundred dollars and on the third offense and subsequent violation by a fine not exceeding five Ongoing Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 25 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
hundred dollars and shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this title is committed, continued or permitted by such person, firm or corporation.

64. STREET ADDRESS ASSIGNMENT – An Address Assignment Plan for the project shall be submitted for review and approval and shall be reflected in the submitted building plans.

Prior to issuance
of Building
Permit
Community
Development
Department

65. SITE MAINTENANCE – The construction site shall be cleaned of garbage and debris on a daily basis and maintained in an orderly fashion. All construction equipment shall be secured at the end of each day of construction.

Ongoing through
end of
construction
Community
Development
Department
Building Conditions

66. BUILDING CODES – At time of issuance of building permits, the building shall comply with Chapter 15 of the Municipal Code and State Title 24 and the U.S.

Americans with Disabilities Act.

Prior to issuance
of Building
Permit
Building Division

67. INSPECTIONS – The applicant shall arrange all inspections with the Building Division, Fire Department, and Public Works Department. All Building Division Prior to issuance
of Occupancy
Building Division

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 26 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
inspection requests shall be made at least 24 hours in advance. Permits

68. GEOTECHNICAL/SOILS REPORT - A geotechnical/soils report containing all design recommendations of footings, retaining walls and any other information pertinent to the soil condition shall be required and submitted with the permit application. The soils report shall be prepared by a licensed soils engineer or geologist.

Prior to issuance
of Permits
Community
Development
Department /
Public Works
Department

69. SOILS REPORT – A soils report containing all design recommendations of footings, pier holes, retaining walls, and any other information pertinent to the soil condition shall be submitted. The Soils Report shall be prepared by a licensed soils engineer or geologist.

Prior to issuance
of Building
Permit
Building Division

70. DESIGN-LEVEL GEOTECHNICAL INVESTIGATION – The applicant shall submit a design-level geotechnical exploration, which includes performance of a soil boring or other exploration in the southeast corner of the property in order to confirm continuous soil stratigraphy and a lack of evidence indicative of nearby faulting.

Prior to issuance
of Permits
Community
Development
Department /
Public Works
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 27 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

71. PLAN CHECK FEES – A plan check fee shall be paid to the Building Division at time of submission of plans pursuant to PMC §15.02.060
Prior to issuance
of Building
Permit
Building Division

72. CONTRACTORS – Contractors must identify all subcontractors prior to issuance of a building permit. Each subcontractor must obtain a city business license prior to issuance of a building permit or commencing work pursuant to PMC §5.04.020.

Prior to issuance
of Building
Permit
Building Division

73. ADDRESSING – Prior to issuance of a “Certificate of Occupancy” or final building inspection approved numbers and addresses shall be installed on all buildings in compliance with Section 15.02.050 of the Municipal Code:
a. Specific mounting location shall be determined at the time of plan review. b. Address shall be internally or externally lighted during the hours of darkness.

Prior to issuance
of Certificate of
Occupancy
Building Division

74. DEBRIS BOX – The Applicant shall ensure that prior to commencing construction a contractor shall place on-site a minimum 10 cubic yard “debris box” for Prior to
Construction
Building Division

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 28 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
receiving and holding of all construction debris.”

75. CONSTRUCTION NUISANCE PREVENTION – The following provisions shall be followed during all construction activities for the project. a. Prior to any earth hauling operations, the applicant shall submit a Hauling Plan for review and approval by the City Engineer. b. All construction vehicles shall be properly maintained and equipped with exhaust and mufflers that meet state and federal standards. c. Newly disturbed soil surfaces shall be watered down regularly by a water truck maintained on-site during all daylight hours discontinue when winds speed reach 15mph.

Ongoing Building Division
Police Department Conditions

76. FIBER OPTICS – A fiber optics pathway shall be installed from the project site to Prior to Police

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 29 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
the nearest existing fiber optics connection point to the satisfaction of the Building Official. Specifications for the pathway, fiber, interfacing equipment, and junction boxes are available at the Police Department. The equipment necessary to interface with the fiber optics shall be in place in the alarm control panels (fire, burglar, etc.) upon completion of construction Certificate of
Occupancy
Permit
Department

77. DOORS AND ROOF HATCHES – The following conditions shall be met to the satisfaction of the Building Official prior to issuance of a Certificate of Occupancy. a. All exterior doors (including storage and utility room doors) that exit to the outside, to a common hallway or separate units shall be of solid core wood or metal construction.
b. All doors described above shall be equipped with the following locking mechanisms:

Dead Bolt Locks:
i. A minimum of ¾ inch diameter by 1-inch throw.
ii. High security case hardened bezel around the locking mechanism.
iii. Made of case-hardened steel.

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 30 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
iv. High security striker plate (4-screw type, screws a minimum of 1½ inches long).
c. All double doors shall have a dead bolt lock, as described in b above, in the primary door. The secondary door shall have lock mechanisms that secure the top of the door to the door head and the bottom of the door to the floor. Where the double doors are separated by a mullion both doors shall have dead bolts as described in b, above.
d. All entry doors, except those with glass, shall be equipped with a door viewer that has the capabilities of viewing a minimum of 180 degrees. e. Fire blocks shall be placed at a minimum of two (2) studs’ spaces on each side of an exterior door, where locks are required, at the same height as the locks. The design and materials used shall aide in preventing the doorjamb from spreading when a pry tool is used to separate the door from the doorjamb at the lock.

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 31 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
f. All roof hatches (access to roof) shall be securely locked from the inside.

Dead bolt or similar locking mechanism is recommended.

78. WINDOWS AND SLIDING GLASS DOORS – All windows that are accessible from the ground, balconies, walkways, trees, fences, and roof shall be equipped with an auxiliary locking mechanism in addition to the standard manufacturer’s lock.

Prior to
Certificate of
Occupancy
Permit
Police
Department

79. ALARM SYSTEM (INDUSTRIAL) – Each individual building shall be equipped with a burglar alarm system, installed by state licensed contractor. The system shall include:

1. Full perimeter coverage to include all doors requiring locks, windows, skylights, and roof hatches.

2. Interior backup protection such as motion detectors, contracts on key interior doors and glass breakage detection.

3. Battery backup power system with charging system. System shall be hardwired.

Prior to
Certificate of
Occupancy
Permit
Police
Department

80. LANDSCAPING
a. All landscaping shall be of a variety and type that upon reaching maturity Prior to
Certificate of
Police
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 32 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
will not provide concealment for a human being and will not grow to cover windows, doors, light fixtures, or addresses.
b. Bushes/dense vegetation trimmed to 2’ or less.
c. Trim tree canopies to 6’ or higher
d. All trees shall be planted a sufficient distance from the buildings so that upon reaching maturity they will not provide roof access.

Occupancy

81. PUBLIC AREA LIGHTING
a. All exterior doorways, stairwells, pathways, walkways, hallways, and courtyards for commercial and industrial buildings shall be lighted to a minimum of 2-foot candles, minimum maintained, measured at 5 feet above ground.
b. Parking areas for commercial and industrial buildings shall be lighted to a standard of 2-foot candles, minimum measured at ground level where beams overlap.
c. Except as otherwise noted, all security light fixtures shall be mounted a minimum of 10 feet above ground.
d. All required lighting shall be equipped with a photoelectric cell or equivalent technology to turn it on at sunset and off at daybreak. e. All areas where video camera surveillance is required shall meet the Prior to
Certificate of
Occupancy
Police
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 33 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
standards for the camera selected and approved by the Police Department.
f. Separate photometric plans shall be submitted for review in conjunction with proposed phased development submittal to ensure adequate lighting is provided for each of the proposed buildings and for the overall project site.
g. Lighting shall be on a timer for evening hours.
h. Update all lighting to LEDs and following the current foot candle requirement as part of the overall project.

82. RADIO RECEPTION - Prior to occupancy, the owner shall contact the Police Department to provide Police with the opportunity to test radio reception in the buildings to identify any reception issue.

Prior to
Certificate of
Occupancy
Police
Department

83. EXTERNAL VIDEO SURVEILLANCE – Video surveillance cameras shall be required, including all outdoor common areas. Management and employees shall be required to know how to operate the system and playback of files shall be compatible with Windows Media Player. Placement of the video surveillance Prior to
Certificate of
Occupancy
Police
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 34 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
cameras shall be established by the Police Department after review of the plans and intended use of the project. Cameras shall be capable of being monitored from the Police Department upon completion of project.

Fire Department Conditions of Approval

84. FIRE CODE CONFORMANCE – Compliance with the 2019 CFC (California Fire Code), 2019 CBC, (California Building Code) the 20149 NFPA 13 Standards, the NFPA 72 standards, and all local ordinances as they apply to the occupancy and use of the proposed structure and shall be enforced for the scope of work and occupancies of the project redevelopment plan.

Compliance with all other NFPA standards is required where applicable and to the satisfaction of the Fire Marshall and/or Fire Chief.

Prior to issuance
of Building
Permit
Fire
Department

85. CONSTRUCTION PLANS FOR FIRE PREVENTION – Prior to issuance of a building permit, building construction plans and plans for fire extinguishing system shall Prior to issuance
of Building
Fire
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 35 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
be submitted to Contra Costa County Fire for Fire Code plan check. Permit

86. TURNING RADIUS – Fire apparatus turning radius shall be in compliance with the Contra Costa County Standard to accommodate the largest fire truck apparatus.

Prior to issuance
of Building
Permit
Fire
Department

87. FIRE EXTINGUISHING SYSTEM - An automatic fire extinguishing/ sprinkler system is required to be installed
Prior to issuance
of Building
Permit
Fire
Department

88. FIRE ACCESS – Prior to issuance of a building permit, paved fire apparatus roads shall be installed for every building or stockpile of combustible materials located more than 150 feet from fire department vehicle access. Said access roads are to be posted “No Parking Fire Lane” and shall not be used for storage of materials. Fire apparatus turning radius shall be in compliance with the Contra Costa County Standard to accommodate the largest fire truck apparatus Prior to issuance
of Building
Permit
Fire
Department

89. ADDRESS – Addresses shall be a minimum of 6” on a contrasting background visible from the street pre/post construction. Exterior elevated corners of structures shall have 12” numbers.

Prior to Building
Permit Final
Fire
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 36 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

90. KEY VAULT – In order to facilitate emergency access to the structure, a key vault shall be installed as approved by the Contra Costa Fire Department.

Prior to Building
Permit Final
Fire
Department

91. WATER SUPPLY SYSTEM – Prior to issuance of a building permit there shall be an approved and tested water supply system capable of supplying the required fire flow as determined by the Fire Chief or Fire Marshall. Water supply system for staged construction shall provide required fire flows.

Prior to issuance
of Building
Permit
Fire
Department

92. FIRE PREVENTION FEES AND INSPECTION – Prior to issuance of a Certificate of Occupancy or final building inspection, the applicant shall pay all applicable fees in accordance with the City’s Master Fee Schedule and obtain an inspection from the Fire Department. All meetings and inspections shall require a 48-hour advanced notice.

Prior to issuance
of Building
Permit
Fire
Department
Environmental Conditions

93. EVN-COA AES-1:The applicant shall ensure, and the City shall verify that the final lighting plan incorporates applicable requirements set forth in Chapter 17.46 of the Pinole Municipal Code and General Plan Action CC.2.3.4, including that all Prior to issuance
of Building
Permit
Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 37 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
outdoor lighting fixtures be designed, shielded, aimed, located, and maintained to shield adjacent properties and to not provide glare onto adjacent properties or roadways

94. EVN-COA AQ-1: During construction activities including demolition and ground disturbance activities, on and offsite, the contractor shall implement the latest BAAQMD recommended Best Management Practices (BMPs) to control for fugitive dust and exhaust as follows:

1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.

2. All haul trucks transporting soil, sand, or other loose material shall be covered.

3. All visible mud and dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.

Prior to issuance
of Building
Permit
Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 38 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

4. All vehicle speeds on unpaved roads shall be limited to 15 mph.

5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as practicable. Building pads shall be laid as soon as practicable after grading unless seeding or soil binders are used.

6. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points.

7. All construction equipment shall be maintained and
properly tuned in accordance with manufacturer’s
specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper working condition prior to operation.

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 39 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

8. A publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust
complaints shall be posted on the project site prior to the initiation of construction activities. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.

95. ENV-COA AQ-2: During construction activities, contractors shall use construction equipment that has low diesel particulate matter exhaust to minimize emissions and limit use of diesel-powered equipment. The project shall implement a feasible plan to reduce diesel-powered machinery (DPM) emissions by no less than 70 percent through one or both of the following:

1. All construction equipment larger than 25 horsepower used at the site for more than two continuous days or 20 hours total shall meet U.S. EPA Tier 4 emission standards for particulate matter (PM10 and PM2.5), if feasible. If use of Tier 4 equipment is not available, alternatively use equipment that meets U.S. EPA emission standards for Tier 2 or 3
engines and include particulate matter emissions control Prior to issuance
of Building
Permit.

Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 40 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
equivalent to CARB Level 3 verifiable diesel emission control devices that altogether achieve a 70 percent reduction in particulate matter exhaust in comparison to uncontrolled equipment; alternatively (or in combination).

2. Develop a Construction Operations Plan demonstrating that the construction equipment used on-site would achieve a reduction in construction diesel particulate matter
emissions by 70 percent or greater. Such a plan shall be subject to review by an air quality expert and approved by the City prior to commencement of ground-disturbing
activities. Elements of the plan could include a combination of some or all of the following measures:
• Use equipment that meets EPA Tier 4 standards or
alternatively fueled equipment.
• Install of electric power lines during early construction phases to avoid use of diesel generators and
compressors.

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 41 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
• Use electrically powered equipment.
• Use forklifts and aerial lifts for exterior and interior building construction that are electric or
propane/natural gas powered.
• Change construction build-out plans to lengthen phases. • Implement building techniques that result in the use of less diesel-powered equipment.

96. COA BIO-1: Protected trees and protected groves shall be avoided and protected during construction. During project construction, the following measures shall be implemented:

1. Tree Protection Zone. Construction workers and vehicles shall be excluded from entering or disturbing the protected grove to the southeast and the riparian woodland to the east of the project site will be installed and shall include but will not be limited to temporary orange construction
fencing, silt fencing, fiber logs, and signage. Individual trees on the site or on the periphery of the site that may be

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 42 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
impacted by construction shall be protected by exclusion fencing placed at the dripline. No trenching or excavation may occur within the tree protection zone. Following
completion of construction activities all temporary fencing shall be removed.

2. Tree Removal Permit. If any protected trees need to be removed or are inadvertently killed in the course of
construction or if any trenching, grading, or excavation must occur within a tree protection zone, a Tree Removal Permit will be applied for from the City of Pinole and shall be replaced in accordance with Chapter 17.96 of the Pinole Zoning Code.

97. ENV-COA BIO-2: To avoid and minimize potential impacts to nesting birds including passerines and raptors, the following measures shall be implemented:

1. Avoid Nesting Season. Grading or removal of potentially occupied habitat should be conducted outside the nesting season, which occurs between February 1 and August 31.

Prior to issuance
of Grading
Permit
Public Works
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 43 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

2. Survey for Nests. If grading between August 31 and
February 1 is infeasible and groundbreaking must occur
within the nesting season, a pre-construction nesting bird survey of the potentially occupied habitat onsite (trees, shrubs, grassland) and within 200 feet of the project site (i.e., within a zone of influence of the project site) shall be performed by a qualified biologist within 15 days of
groundbreaking. The zone of influence includes those areas outside the project site where nesting birds could be
disturbed by earth- moving vibrations and/or other
construction-related noise. If no nesting birds are observed no further action is required and grading shall occur within one week of the survey to prevent “take” of individual birds that could begin nesting after the survey.

3. Establish Buffer Zones. If active bird nests (either passerine and/or raptor) are observed during the pre-construction survey, a disturbance-free buffer zone shall be established around the occupied habitat.

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 44 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
a. The radius of the required buffer zone can vary
depending on the species, (i.e., 50-300 feet for
passerines and 200-500 feet for raptors), with the
dimensions of any required buffer zones to be
determined by a qualified ornithologist or biologist in consultation with CDFW.
b. To delineate the buffer zone around the occupied
habitat, orange construction fencing shall be placed at the specified radius from the nest within which no
machinery or workers shall intrude.
c. Biological monitoring of active nests shall be conducted by a qualified biologist to ensure that nests are not
disturbed and that buffers are appropriate adjusted by
a qualified biologist as needed to avoid disturbance.
d. No construction or earth-moving activity shall occur within any established nest protection buffer prior to
September 1 unless it is determined by a qualified
ornithologist/biologist that the young have fledged
(that is, left the nest) and have attained sufficient flight

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 45 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
skills to avoid project construction zones, or that the nesting cycle is otherwise completed.

98. ENV-COA CUL-1: To ensure the project does not result in impacts to buried archaeological resources onsite, if present, the following shall be implemented:

1. Training. Prior to commencement of ground-disturbing activities, a Secretary of Interior qualified archaeologist shall conduct a preconstruction Cultural Resource Awareness
training for construction personnel. The training shall familiarize individuals with the potential to encounter prehistoric artifacts or historic-era archaeological deposits, the types of archaeological material that could be
encountered within the project area, and procedures to
follow in the event of a discovery. A representative from the Indian Canyon Mutsun Band of Costanoan shall be invited to participate in the training.

Prior to issuance
of Grading
Permit
Public Works
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 46 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

2. Post-review Discoveries. In the event that cultural
resources are exposed during construction, all earth work occurring within 50 feet of the find shall be immediately stopped until a Secretary of Interior-qualified Archaeologist inspects the material(s), assess historical significance, and consults with Tribes and other stakeholders as needed.

Recommendations for the treatment of the discovery from the Archaeologist will be provided to the City, Tribes, and other stakeholders.

3. Archaeological Monitoring. If cultural resources are exposed during ground-disturbing activities, a Secretary of the Interior-qualified archeologist shall be onsite to monitor ongoing ground-disturbing activities. The monitor shall have the authority to temporarily halt work to inspect areas as needed for potential cultural materials or deposits. Daily monitoring logs shall be completed by the monitor and
submitted to the City within 60 days following completion of construction work. The report shall include the results of

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 47 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
the monitoring program (even if negative), a summary of any findings or evaluation/data recovery efforts, and
supporting documentation (e.g., daily monitoring logs).

99. ENV-COA CUL-2: In the event that human remains are encountered within the project area during project-related, ground-disturbing activities, all work must stop within 100 feet of the discovery area, the area shall be secured to prevent further disturbance, and the County Coroner shall be immediately notified of the discovery. If the County Coroner determines that remains are, or are believed to be Native American, then the Native American Heritage Commission must be contacted by the Coroner so that a “Most Likely Descendant” (MLD) can be designated to provide further recommendations regarding treatment of the remains. A Secretary of Interior-qualified Archaeologist should also evaluate the historical significance of the discovery, the potential for additional human remains to be present, and to provide further recommendations for treatment of the resource in accordance with the MLD recommendations. Federal regulations require that Native American human remains, funerary objects, and object of cultural patrimony are handed consistent with the requirement of the Native American Graves Protection and Prior to issuance
of Grading
Permit
Public Works
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 48 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
Repatriation Act
100. ENV-COA GEO-1: The applicant shall incorporate the recommendations of the Geotechnical Exploration Report prepared by KC Engineering (October 4, 2016) into construction drawings. Prior to issuance of a grading permit, the City shall review and accept the Geotechnical Report and verify that the Report provides adequate information for construction detail including detailed drainage, earthwork, foundation, and pavement recommendations. Final grading plan, construction plans, and building plans shall demonstrate that recommendations set forth in the geotechnical reports and/or to the satisfaction of the City Engineer/Chief Building Official have been incorporated into the design of the project.

Nothing in this condition of approval shall preclude the City Engineer and/or Chief Building Official from requiring additional information to determine compliance with applicable standards. The geotechnical engineer shall inspect the construction work and shall certify to the City, prior to issuance of a certificate of occupancy that the improvements have been constructed in accordance with the geotechnical specifications.

During
Construction
Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 49 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
101. ENV-COA GEO-2: Prior to issuance of a grading permit, an erosion control plan along with grading and drainage plans shall be submitted to the City Engineer for review. The project shall comply with stormwater management requirements and guidelines established by Contra Costa County under the Contra Costa Clean Water Program Stormwater C.3 Guidebook and incorporate Contra Costa County best management practices for erosion and sediment control for construction. All earthwork, grading, trenching, backfilling, and compaction operations shall be conducted in accordance with the City’s Erosion Control requirements, Chapter 15.36.190 of the Municipal Code. Plans shall detail erosion control measures such as site watering, sediment capture, equipment staging and laydown pad, and other erosion control measures to be implemented during all construction activity and include all recommendations made in the Geotechnical Exploration Report to protect slopes from erosion.

Prior to issuance
of a grading
permit
Community
Development
Department
102. ENV-COA GEO-3: Should any potentially unique paleontological resources (fossils) be encountered during development activities; work shall be suspended within 50 feet of the discovery and the City of Pinole Planning Division of the Community Development Department shall be immediately notified. At that time, the City will coordinate any necessary investigation of the discovery with Prior to issuance
of Demolition,
Grading, and
Building Permits
Community
Development
Department/
Public Works
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 50 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
a qualified paleontologist. The project proponent shall be required to implement any mitigation necessary for the protection of paleontological resources. The City and the project applicant shall consider the mitigation recommendations of the qualified paleontologist for any unanticipated discoveries. The City and the project applicant shall consult and agree upon implementation of a measure or measures that the City and project applicant deem feasible and appropriate. Such measures may include avoidance, preservation in place, excavation, documentation, curation, data recovery, or other appropriate measures.
103. ENV-COA GHG-1: The project shall comply with CALGreen Tier 2 EV parking requirements by incorporating the appropriate number of EV and EV capable parking spaces for the project size and type (e.g., for 132 parking stalls, there would need to be 19 stalls equipped with EVSE and 57 pre-plumbed with conduit for future installation of EVSE). As a warehouse project with more than 3 off-street loading spaces, the project shall install 400 KVA of additional raceway conduit and electrical panel capacity to accommodate the future charging of medium- and heavy-duty zero emissions vehicles as required by Section

5.106.5.4.1 of the CALGreen Building Standards Code.

Prior to issuance
of Building
Permit
Public Works
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 51 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
104. ENV-COA HAZ-1: The Soil Management Plan (SMP) approved by the RWQCB in 2002 shall be implemented during the project construction. The SMP shall be the subject of construction worker trainings for all personnel involved in ground-disturbing activities. A condensed version of SMP protocols shall be posted publicly and prominently at construction site gathering places and entry points.

Prior to issuance
of Grading
Permit
Public Works
Department
105. ENV-COA HYD-1: Prior to issuance of a grading permit, the applicant shall prepare a design-level Stormwater Management Plan that incorporates stormwater management requirements and best management practices, per Pinole Municipal Code Chapter 8.20 and Contra Costa County Clean Water Program requirements, including the Contra Costa Clean Water Program Stormwater C.3 Guidebook and demonstrates that the storm drain system has adequate capacity to serve the project. The Stormwater Management Plan shall be reviewed and accepted by the City Engineer.

During
Construction
Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 52 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
106. ENV-COA HYD-2: Prior to issuance of a grading permit, the applicant shall file a Notice of Intent with the RWQCB and demonstrate compliance with the Statewide General Permit for Construction Activities.

In accordance with the National Pollution Discharge Elimination System (NPDES) regulations, the applicant shall prepare and implement a project-specific Stormwater Pollution Prevention Plan, including an erosion control plan, for grading and construction activities. The SWPPP shall address erosion and sediment control during all phases of construction, storage, and use of fuels, and use and clean-up of fuels and hazardous materials. The SWPPP shall designate locations where fueling, cleaning and maintenance of equipment can occur and shall ensure that protections are in place to preclude materials from entering into storm drains or the offsite drainage to the east. The contractor shall maintain materials onsite during construction for containments and clean-up of any spills.

The applicant shall provide approval documentation from the RWQCB to the City verifying compliance with NPDES.

Ongoing Community
Development
Department
107. ENV-COA NOI-1: Construction activities including delivery and hauling shall comply with construction hours as provided under Pinole Municipal Code Prior to issuance
of Building
Permit
Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 53 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
Section 15.02.070 and in accordance with construction best management practices for minimizing noise including:

1. Construction shall be limited to the hours of 7:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays.

Saturday work is allowed in commercial zones only, from 9:00 a.m. to 6:00 p.m., as long as it is interior work and does not generate significant noise. Any work outside of these hours by the construction contractors should require a
special permit from the City Manager. There should be
compelling reasons for permitting construction outside of these designated hours.

2. The construction contractor shall locate stationary noise sources as far from existing sensitive receptors as possible.

If stationary sources must be located near existing sensitive receptors, they shall be muffled and enclosed within
temporary sheds or other structures.

3. At a minimum, the construction contractor shall implement the following control measures: improved mufflers,
equipment redesign, use of intake silencers, ducts, engine

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 54 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
enclosures, and acoustically attenuating shields or shrouds.

Noise controls can reduce noise levels at 50 feet by 1 to 16 dBA, depending on the type of equipment.

4. Equipment used for project construction shall be
hydraulically or electrically powered impact tools (e.g., jack hammers) wherever possible to avoid noise associated with compressed air exhaust from pneumatically powered tools.

Where use of pneumatically powered tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used. A muffler could lower noise levels from the exhaust by up to about 10 dBA. External jackets on the tools themselves shall be used where feasible; this could achieve a reduction of 5 dBA. Quieter procedures shall be used (such as drilling rather than impact equipment) wherever feasible.

5. The unnecessary idling of internal combustion engines shall be prohibited.

6. All construction trucks and vehicles shall access the site via San Pablo Avenue.

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 55 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

7. All staging of construction equipment, trucks, and vehicles shall be limited to the southern and western portions of the project site, as far away from residential development to the east as possible.

8. Prior to the commencement of any construction activities, the construction contractor shall notify, via mail, all residences within a 300-foot radius of the project site of the project’s approximate construction schedule, including the approximate duration of demolition, clearing, grading,
excavation, paving, and building construction, et al. In addition, at least 24 hours prior to grading activities, the construction contractor shall post signage in appropriate locations within a 300-foot radius of the project site. The signage shall include a phone number to the City Public Works Department for residents to call with noise
complaints. If the City Public Works Department receives more than three complaint calls regarding construction
noise, the City reserves the discretion to require the project applicant to conduct an acoustical noise analysis to

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 56 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
determine more appropriate measures to reduce noise
levels due to construction activities.
108. ENV-COA NOI-2: Prior to issuance of building permit, the preliminary sound wall design, and specifications, as presented in Figure 2 of the Noise Report (Appendix G hereto), shall be reviewed by a qualified acoustical engineer and recommendations incorporated into the final design for review and approval by the City. The sound wall shall be continuous from grade to top, with no cracks or gaps, have a minimum surface density of three pounds per square foot (e.g. concrete masonry units (CMU)), 420 feet in length long, and with a minimum height of 10 feet to break the line-of-sight to the noise source, or as otherwise modified through final design per recommendations from an acoustical engineer and approval by the City. Prior to issuance of a certificate of occupancy, construction of the sound wall along the eastern site boundary shall be complete per final design and specification and/or as accepted by the City Engineer.

Ongoing Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 57 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
109. ENV-NOI-3 Exterior activities such as truck maneuvering, loading, and unloading, and deliveries shall be limited to the hours between 7:00 a.m. and 7:00 p.m., Monday through Friday.
110. ENV-COA TRAN-1: Prior to the issuance of Building Permit, the applicant shall provide the project’s fair share contribution as established by the City towards multi-modal improvements in the project vicinity as identified in the Three Corridors Specific Plan by installing a bus shelter at bus stop 25028 on San Pablo Avenue.

Prior to
Occupancy
Permits
Community
Development
Department
111. ENV-COA TRAN-2: Prior to issuance of the certificate of occupancy, a final Transportation Demand Management Plan shall be provided to the Community Development Department for review and approval. The TDM Plan shall include example materials that will be used to educate tenants and employees about the programs and require that a tenant management position assume the role of Transportation Coordinator and detail the program implementation schedule which shall commence with occupation of the building.

Prior to
Occupancy
Permits
Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 58 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
112. ENV-COA TRAN-3: To maintain adequate sight lines at the project driveways, pursuant to Pinole Municipal Code Section 17.98.020, signage, trees, and other landscaping features within the clear vision triangle at driveway and street intersections shall be maintained such that visibility is maintained between thirty (30) inches and seven (7) feet. The applicant shall be responsible for maintaining adequate sight lines from the project driveways and vegetation shall be trimmed to about one foot in height on the west sides of the driveways.

During
Construction
Community
Development
Department
113. ENV-COA TRAN-4: Recommendations of the project specific Transportation Impact Analysis shall be implemented as follows or as otherwise reviewed and accepted by the City Engineer:

1. Prior to issuance of occupancy, the eastbound left turn pocket on San Pablo Avenue shall be lengthened from 60 to 130 feet, increasing the queue storage for large trucks (e.g., WB-40 and WB-67).

2. Prior to issuance of occupancy, the existing crosswalk across the project driveway shall be relocated closer to the
intersection to align with the existing sidewalk along the north Prior to issuance
of building
permit
Public Works
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 59 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
side of San Pablo Avenue, which would provide additional queue storage for vehicles exiting the project site and improve pedestrian circulation along the project frontage.

The existing striping shall be adjusted to improve queue storage for vehicles exiting the project site.

3. Prior to issuance of occupancy, a new stop sign with pavement markings shall be installed at the private parking lot intersection immediately north of the intersection with San Pablo Avenue, which would minimize queuing within the
project site, maintain access to the drive aisle just north of the project driveway, and minimize the inbound project
queues spilling back onto San Pablo Avenue.

4. Prior to issuance of a building permit, the applicant shall submit designs for intersection improvements inclusive of a traffic signal for review and acceptance by the City Engineer.

Prior to issuance of occupancy, a traffic signal and
intersection redesign shall be installed at the San Pablo Avenue/Meadow Avenue/Project Driveway intersection to
the satisfaction of the City Engineer.

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 60 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

1. 114. COA TCUL-1: To protect buried Tribal Cultural Resources that may be encountered during construction activities, the project shall implement environmental COA CUL-1 and COA CUL-2.

Prior to
Certificate of
Occupancy
Community
Development
Department
115. ENV-COA TCUL-2: To protect buried Tribal Cultural Resources that may be encountered during grading and excavation activities, a tribal cultural monitor from the Confederated Villages of Lisjan shall be invited to be present during excavation that is anticipated to penetrate native soils, particularly in the area of the northeastern connection to the municipal storm drain.

Prior to issuance
of Building
Permit
Community
Development
Department
116. ENV-COA UTIL-1: Pursuant to Action GM 2.2.1 Service Standards, prior to issuance of a building permit, the applicant shall secure verification from EBMUD that adequate water supplies are available to serve the project and prior to issuance of occupancy the applicant shall demonstrate that all EBMUD water efficiency requirements have been fulfilled.

Ongoing Community
Development
Department
117. ENV-COA UTIL-2: Pursuant to MM 4.12.6.2, the project shall secure a can and will serve letter demonstrating that there is sufficient sewer/water Ongoing Community
Development

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 61 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
treatment and conveyance capacity prior to issuance of Certificate of Occupancy. The proposed project shall have a unique connection to the public sewer collection system. The connection to the sewer system will require a permit from the City of Pinole, the payment of sewer user fees, and payment of a sewer connection fee prior to the issuance of building permits.

Department
118. ENV-COA UTIL-3: Pursuant to General Plan Action CS.8.1.3 and in accordance with current CALGreen Building Code requirements, a Construction Waste Management Plan shall be prepared and implemented during all stages of construction. The Construction Waste Management Plan shall meet the minimum requirements of the CALGreen code for residential development including but not limited to regional material sourcing (A5.405.1), Bio-based materials (A5.105.2), Reused materials (A5.405.3), and materials with a recycled content (A5.405.4).

Ongoing Community
Development
Department
119. ENV-COA UTIL-4: In accordance with CALGreen Section 4.410.2 onsite recycling shall be provided in readily accessible areas for the depositing, storage and collection of non-hazardous materials including at a minimum paper, cardboard, glass, plastics, organic waste, and metals.

Ongoing Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 24-02 CONDITIONS OF APPROVAL As Reviewed by Planning Commission 62 of 62 Pinole Shores II -836-848 San Pablo June 10, 2024, Design Review (DR) 23-12,
Conditional Use Permit (CUP 23-05),

Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
120. ENV-COA UTIL-5: The applicant shall coordinate with Republic Services to appropriately size trash enclosures and ensure that maximum waste stream diversion occurs by providing onsite pre-sorting for recyclables and compostable organic materials.

Ongoing Community
Development
Department
*Note: Conditions of Approval beginning with “ENV” are based on the CEQA document for the project.

ENVIRONMENTAL CHECKLIST

PURSUANT TO CALIFORNIA PUBLIC RESOURCES CODE
SECTION 21083.3, GOVERNMENT CODE SECTION 65457(a) AND CEQA GUIDELINES SECTIONS 15168 and 15183

PINOLE SHORES II PROJECT
Prepared For:

City of Pinole
2131 Pear Street
Pinole, CA 94564
JUNE 2024
Exhibit B

City of Pinole Pinole Shores II Project
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City of Pinole Pinole Shores II Project
CEQA Analysis Page 3 of 106

PINOLE SHORES II PROJECT CEQA ENVIRONMENTAL CHECKLIST FOR STREAMLINED REVIEW Project Title: Pinole Shores II Project
Lead Agency: City of Pinole
2131 Pear Street
Pinole, CA 94564
Contact Person: David Hanham, Planning Manager
Phone: (510) 724-9842 Email: [email protected]
Project Location: 830-848 San Pablo Avenue, City of Pinole, Contra Costa County, California, 94564
(APN: 402-230-015, 402-230-016, 402-230-017, 402-230-018, and 402- 230-020)
Property Sponsor and
Owner(s):

Property Owner

CITY OF PINOLE
2131 Pear Street
Pinole, CA 94564
Project Applicant
GRP Shores, LLC
John Diemer
2350 N University Dr. #848300
Pembroke Pine, FL 33084
General Plan Designation: Service Sub-Area (SSA)
Zoning: Office Industrial Mixed-Use (OIMU), Planned Development (PD) Specific Plan Designation: Service Sub-Area, San Pablo Avenue Corridor of Three Corridors Specific Plan
Description of project: The project consists of Conditional Use Permit for a wholesale distribution center, a Parcel Map to combine 5 lots into one, site preparation of the vacant

7.37-acre site, and construction of one tilt up building totaling 121,674 square feet, consisting of 116,778 square feet of warehouse and distribution space and approximately 4,896 square feet of office space. The proposed project includes 18 loading docks, 5 truck parking spaces, 132 parking stalls for passenger vehicles, site pedestrian circulation, as well as landscaping that includes stormwater treatment facilities.

Surrounding land uses
and setting; briefly
describe the project’s
surroundings:

The site is surrounded by a variety of uses including office and industrial to the south and west, residential to the east and northwest, and the BNSF railroad and Bay Trail to the north. A grove of protected trees is located to the southeast of the project site.

Other public agency
approvals:

N/A
Have California Native
American tribes requested
consultation pursuant to
PRC section 21080.3.1?
The City conducted notification pursuant to the statutory timeframe provided by Public Resources Code §21080.3.1. Notice was delivered to tribes via email on December 20, 2022. The City of Pinole received two requests for consultation from the Indian Canyon Mutsun Band of Costanoan and the Confederated Village of Lisjan and entered into consultation. Consultation was completed on March 17, 2023. The project redesign was noticed to the tribes on May 20, 2024 and the Confederated Villages of Lisjan and the Amah Mutsun Tribal Band of San Juan Bautista & A.M.T.B. Inc. responded. No further requests for consultation were received.

City of Pinole Pinole Shores II Project
CEQA Analysis Page 4 of 106

PINOLE SHORES II PROJECT

TABLE OF CONTENTS PAGE

1. INTRODUCTION..........................................................................................................................................7

2. PROJECT LOCATION AND DESCRIPTION..............................................................................................7

2.2. PROJECT DESCRIPTION .....................................................................................................................8

3. APPLICABLE CEQA PROVISIONS AND FINDINGS ..............................................................................17

3.1. GENERAL PLAN, SPECIFIC PLAN, AND EIR ....................................................................................18

3.2. CONSISTENCY WITH PROGRAM EIR (CEQA GUIDELINES SECTION 15168)..............................18

3.3. GENERAL PLAN/COMMUNITY PLAN EXEMPTION (CEQA GUIDELINES SECTION 15183) .........19

3.4. CEQA DETERMINATION AND SUMMARY OF FINDINGS ................................................................23

3.5. ENVIRONMENTAL CONDITIONS OF APPROVAL ............................................................................23

4. EVALUATION OF ENVIRONMENTAL EFFECTS....................................................................................24

4.1. AESTHETICS .......................................................................................................................................25

4.2. AGRICULTURAL AND FORESTRY RESOURCES.............................................................................28

4.3. AIR QUALITY .......................................................................................................................................29

4.4. BIOLOGICAL RESOURCES................................................................................................................36

4.5. CULTURAL RESOURCES...................................................................................................................42

4.6. ENERGY...............................................................................................................................................46

4.7. GEOLOGY AND SOILS........................................................................................................................48

4.8. GREENHOUSE GAS EMISSIONS ......................................................................................................53

4.9. HAZARDS AND HAZARDOUS MATERIALS.......................................................................................56

4.10. HYDROLOGY AND WATER QUALITY................................................................................................59

4.11. LAND USE AND PLANNING................................................................................................................65

4.12. MINERAL RESOURCES......................................................................................................................67

4.13. NOISE...................................................................................................................................................68

4.14. POPULATION AND HOUSING ............................................................................................................75

4.15. PUBLIC SERVICES..............................................................................................................................77

4.16. RECREATION ......................................................................................................................................79

4.17. TRANSPORTATION.............................................................................................................................81

4.18. TRIBAL CULTURAL RESOURCES .....................................................................................................87

4.19. UTILITIES AND SERVICE SYSTEMS .................................................................................................90

4.20. WILDFIRE.............................................................................................................................................94

4.21. MANDATORY FINDINGS OF SIGNIFICANCE....................................................................................96

5. REFERENCE DOCUMENTS.....................................................................................................................98

5.1. TECHNICAL APPENDICES.................................................................................................................98

5.2. OTHER DOCUMENTS REFERENCED...............................................................................................98

6. ENVIRONMENTAL CONDITIONS OF APPROVAL ...............................................................................100

TABLE OF FIGURES
FIGURE 1: REGIONAL LOCATION 13
FIGURE 2: PROJECT VICINITY 14
FIGURE 3: LAND USE AND ZONING MAP 15
FIGURE 4: SITE PLAN 16

TABLE OF TABLES
TABLE 1. CONSTRUCTION PERIOD EMSSIONS 31
TABLE 2. OPERATIONAL EMISSIONS 31
TABLE 3. BAAQMD OPERATIONAL SIGNIFICANCE THRESHOLDS AND PROJECT COMPLIANCE 32 TABLE 4. MECHANICAL EQUIPMENT NOISE LEVELS AND RECEIVING LAND USE 71

City of Pinole Pinole Shores II Project
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LIST OF ACRONYMS

APN ASSESSOR PARCEL NUMBER

BAAQMD BAY AREA AIR QUALITY MANAGEMENT DISTRICT

BMP BEST MANAGEMENT PRACTICE

CALEEMOD CALIFORNIA EMISSIONS ESTIMATOR MODEL

CARB CALIFORNIA AIR RESOURCES BOARD

CBC CALIFORNIA BUILDING CODE

CCR CALIFORNIA CODE OF REGULATIONS

CCTA CONTRA COSTA TRANSPORTATION AUTHORITY

CDFW CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE

CEQA CALIFORNIA ENVIRONMENTAL QUALITY ACT

CNEL COMMUNITY NOISE EQUIVALENT LEVEL

CNPS CALIFORNIA NATIVE PLANT SOCIETY

CRHR CALIFORNIA REGISTER OF HISTORICAL RESOURCES

DBA A-WEIGHTED DECIBEL

DEIR DRAFT ENVIRONMENTAL IMPACT REPORT

DTSC DEPARTMENT OF TOXIC SUBSTANCE CONTROL

EIR ENVIRONMENTAL IMPACT REPORT

EV ELECTRIC VEHICLE

EVSE ELECTRIC VEHICLE SERVICE EQUIPMENT

FMMP FARMLAND MAPPING AND MONITORING PROGRAM

FHSZ FIRE HAZARD SEVERITY ZONE

GHG GREENHOUSE GAS

HI HAZARD INDEX

HRA HEALTH RISK ASSESSMENT

HMBP HAZARDOUS MATERIAL BUSINESS PLAN

IS/MND INITIAL STUDY/MITIGATED NEGATIVE DECLARATION

LID LOW IMPACT DEVELOPMENT

LOS LEVEL OF SERVICE

LRA LOCAL RESPONSIBILITY AREA

MGD MILLION GALLONS PER DAY

MBTA MIGRATORY BIRD TREATY ACT

MEI MAXIMUM EXPOSED INDIVIDUAL

MMRP MITIGATION MONITORING AND REPORTING PROGRAM

NPDES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

PPV PEAK PARTICLE VELOCITY

PRC PUBLIC RESOURCES CODE

RCPA REGIONAL CLIMATE PROTECTION AGENCY

ROG REACTIVE ORGANIC GAS

RWQCB REGIONAL WATER QUALITY CONTROL BOARD

SCH STATE CLEARINGHOUSE

SRA STATE RESPONSIBILITY AREA

SWPPP STORM WATER POLLUTION PREVENTION PLAN

SWRCB STATE WATER RESOURCES CONTROL BOARD

TAC TOXIC AIR CONTAMINANTS

USACOE UNITED STATES ARMY CORPS OF ENGINEERS

UGB URBAN GROWTH BOUNDARY

UST UNDERGROUND STORAGE TANK

UWMP URBAN WATER MANAGEMENT PLAN
µG/M3 MICROGRAMS PER CUBIC METER

VHFHSV VERY HIGH FIRE HAZARD SEVERITY ZONE

VMT VEHICLE MILES TRAVELED

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1. INTRODUCTION
This California Environmental Quality Act (CEQA) Analysis evaluates environmental impacts from the proposed Pinole Shores II Project, which would be located to the rear of existing commercial facilities at 830-848 San Pablo Avenue. The Project proposes the construction and operation of one tilt-up building comprising 121,674 square feet of distribution, warehousing, and office space, as well as associated site improvements including parking, loading docks, circulation aisles, and 43,243 square feet of landscaping (hereinafter referred to as the “project”).

Documentation herein has been prepared by the City of Pinole as lead agency as defined in Section 15367 of the CEQA Guidelines and in full accordance with the procedural and substantive requirements of CEQA Guidelines. This CEQA Analysis uses streamlining and tiering in accordance with CEQA Guideline Sections 15168, 15182 and 15183 for consistency with the General Plan and Three Corridors Specific Plan and the certified Environmental Impact Report (EIR).

2. PROJECT LOCATION AND DESCRIPTION
This section provides information on the proposed project including a description of the project location and setting and the characteristics of the proposed project including construction and operations.

2.1. PROJECT LOCATION
The project site is located in the City of Pinole, which is in northwestern Contra Costa County along Interstate 80 (I-80), approximately 12 miles south of Vallejo and 17 miles north of Oakland. The City of Pinole is bordered by the City of Hercules to the north and by the cities of Richmond and San Pablo to the south (Figure 1:

Regional Location).

Project Site Setting
The project site contains 7.37-acre located at 830-848 San Pablo Avenue, approximately 1.2 miles north of Interstate 80 (I-80) and 0.5 miles west of the intersection of San Pablo Avenue and Appian Way and consists of five parcels (Assessor’s Parcel Numbers (APN) 402-230-015, -016, -017, -018, and -020). A Parcel Map to combine all five parcels into one was approved by the Planning Commission on May 8 of 2023 by Resolution 23-04. The site elevations range from 71 feet above mean sea level in the eastern portion of the site to 78 feet above mean sea level in the western portion of the site. The site is undeveloped, has been previously graded and disturbed, subject to routine mowing, weed abatement, and fire suppression activities, and contains ruderal vegetation. There is a stand of protected mature trees to the southeast of the project site and riparian woodland associated with a site drainage on the eastern periphery of the site. The proposed project site was previously filled and graded during Phase 1 of the Pinole Shores Business Park construction that occurred from 2006 to 2009.

The site is landlocked by surrounding development and is accessible by two driveways from San Pablo Avenue and a private loop road. The project site is to the rear of the existing Pinole Shores Industrial Park, which is comprised of four buildings, circulation improvements, parking, (APNs 402-390-021; 402-230-021) and a natural gas pipeline easement (APN 402-230-005). Existing ADA accessible sidewalks and crosswalks are located along the San Pablo Avenue frontage.

The site is surrounded by a variety of established uses including Sugar City Building Materials industrial development to the west, Harbour Cove residential subdivision to the northwest, Burlington Northern Santa Fe (BNSF) railroad to the north1, beyond which is the Bay Trail and San Pablo Bay, a multifamily residential development to the east, and the Pinole Shores Business Park to the south (Figure 2: Project Vicinity).

General Plan and Zoning
1 The BNSF railroad corridor is located along the subject site’s northern boundary and supports both freight and passenger rail. The BNSF railroad is used by the Capitol Corridor Amtrak Line with the closest stop located 7.5 miles to the southwest in Richmond.

City of Pinole Pinole Shores II Project
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The project site has a General Plan Land Use Designation of Service Sub-Area (SSA), is zoned Office Industrial Mixed Use (OIMU) and Planned Development (PD) and is part of the Pinole Shores Industrial Park.

The project site is located within San Pablo Avenue Corridor of the Three Corridors Specific Plan. The SSA of the San Pablo Avenue Corridor is intended to serve as the gateway into Pinole, encourage light and green industry, and to be a transition area between the Mixed-Use subarea and the western City limits of Pinole. The SSA is intended to embrace the area’s historic industrial character while moving towards newer, cleaner industry and allowing land use flexibility. The purpose of the OIMU designation is to preserve land for manufacturing and industrial uses, particularly “green industry”. A limited amount of general office, retail and residential uses may be permitted where such uses would not conflict with the principal industrial uses in the area. The Planned Development designation is a Special Purpose zoning district which recognizes the Pinole Shores Business Park Planned Development zoning designation approved and developed in 2006, prior to adoption of the city’s current 2010 comprehensive Zoning Code update (Figure 3: Land Use and Zoning).

The San Pablo Avenue Corridor is designated as a Priority Development Area (PDA), which are areas identified by Bay Area communities as locations proximate to transit that are planned for investment, new homes, community amenities, and job growth. PDAs are the foundation for sustainable regional growth as envisioned through Plan Bay Area, the region’s Sustainable Community Strategy (SCS). The most recently adopted SCS is the Plan Bay Area 2050 prepared as a joint effort between the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG).2Implementation of PDA’s enhance mobility and economic growth by linking the location of housing and jobs with transit, thus offering a more efficient land use pattern around transit, reducing greenhouse gas emissions, and realizing a greater return on existing and planned transit investments.

2.2.PROJECT DESCRIPTION
The project proposes a warehousing and/or wholesale distribution center use, which is subject to a conditional use permit. The purpose of the conditional use permit is for the individual review of uses typically having unique or unusual site development features or operating characteristics and are intended to ensure compatibility with surrounding areas and uses. The Project proposes 24-hour internal operations and would limit trucking activity, deliveries, and distribution to daytime hours between 7:00 am to 7:00 pm.

The project applicant received approval for a Parcel Map to consolidate the five existing parcels into one (Assessor’s Parcel Numbers (APN) 402-230-015, -016, -017, -018, and -020) through Planning Commission Resolution 23-04 on May 8, 2023. The project would construct one new 47-foot-high tilt-up building containing a total of 121,674 square feet of floor area divided into 116,778 square feet of warehouse/distribution area, 2,448 square feet of office space, and 2,488 square feet of mezzanine above the office space. Tilt-up construction refers to a series of concrete panels which are poured into forms on the ground and then tilted up into place to comprise a building's exterior walls. The warehouse area will be unconditioned, but the office will be serviced by HVAC units mounted on the roof directly above the office area. No other mechanical equipment is planned or proposed for installation on the exterior of the building.

The building will have trailer bays and loading docks with dock-high doors that can accommodate up to 18 WB67 trucks as well as 5 dedicated truck parking stalls. The truck loading docks will face the shared private driveway off of San Pablo. The ground floor office spaces will have a conference room, two private offices, a kitchen area, and four bathrooms, two of which are accessible from the office and two from the warehouse area.

The building contains two staircases, one internal to the office space that connects the ground floor with the mezzanine, and the other within the warehouse space providing a connection from the warehouse floor to the mezzanine level.

As conditioned, the project will construct a 10-foot high sound wall of approximately 420 feet long along the eastern edge of the project driveway to provide noise attenuation from truck activity to nearby residences. The project also includes installation of parking, lighting, landscaping, and other ancillary improvements to accommodate the proposed development (Figure 4: Site Plan).

Architecture
2 Final Plan Bay Area 2050 prepared by ABAG/MTC, adopted October 21, 2021.

City of Pinole Pinole Shores II Project
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The building would be of concrete tilt-up panel construction. The panels will have articulated faces and variable heights and will painted with three different complementary colors to break up the building mass. The two most prominent colors proposed are a white and light gray for most of the exterior with a darker gray color to draw attention to building entrances and as an accent to further break up the mass of the building. Entrances are defined by a decorative open brow awning structure painted metallic white and the main entrance would have a decorative solid canopy also painted metallic white. The overhead doors located at the loading dock will be the same dark gray as the accent color and will be nonreflective. The windows at the office will utilize an aluminum framed storefront system and will be medium performance green reflective colored glazing. A series of panels (non-vision glazing) will be glazed with the same medium green reflective coating to give the impression of windows and will be distributed on all faces of the building. The roof will be punctuated with skylights for passive illumination. There will be one main entrance, located at the southwestern corner of the building, near the office space and multiple access doors around the perimeter and at the loading docks.

Access and Parking
The project site will be improved with a private access road which will extend from the southeast corner of the site around the perimeter of the building to the southwest corner of the site where it will tie into the existing drive aisle at the rear of the existing Pinole Shores Business Park development. The access road also serves as a fire lane and provides width segments ranging from 20 feet at the narrowest point to 30 feet at the widest point.

Through access is provided from the existing drive aisles to the east and west of the adjacent Pinole Shores Business Park (PSBP). A bulb out will be provided opposite of the entrance to the loading dock and truck maneuvering area to provide extra space for turning as trucks exit and enter. Access easements will be established to formalize access to the project site through the PSBP.

The project will include 132 total parking spaces with 79 head-in parking spaces along the periphery of the access road with dimensions of 9 feet wide by 19 feet deep and 11 compact spaces with dimensions of 8.5 by 19 feet for passenger vehicles. Six parking spaces will be ADA accessible standard spaces, 11 will be clean air carpool/vanpool spaces, 4 will be equipped with electric vehicle charging equipment (EVSE), two ADA spaces will be equipped with EVSE including one van accessible space, and 19 will be equipped with conduit for future installation of EVSE. There are 18 trailer loading and unloading bays with dock-high roll up doors and parking for 5 30-foot trucks. In compliance with CalGreen, the project will be required to “pre-plumb” for charging of heavy duty electric trucks (e.g. raceway conduit and 400 KVA of additional panel capacity) for future installation of medium and heavy-duty electric vehicle charging equipment in the truck parking and loading docks.

The project will install pedestrian access at the main entrance and at each access point of the building. The project site vicinity is served by the West Contra Costa Transit Authority (WestCAT). The nearest westbound bus stop is located on San Pablo Avenue adjacent to the PSBP frontage, and the nearest eastbound bus stop is located across the street at the intersection of San Pablo Avenue and Meadow Avenue.

Utilities
There are two existing underground stormwater pipes that bisect the project site in the northeastern most portion of the property. These pipes convey stormwater from public roadways in Pinole and the existing Pinole Shores Industrial Park to an outfall at the San Pablo Bay. One pipe is 48 inches, and the other is 24 inches, and they are serviced and maintained via access to facilities on the project site. The project would install a 24-inch stormwater pipeline to convey stormwater from the project to the junction with existing storm drainage infrastructure. Stormwater will be from impervious surfaces and overflow from proposed stormwater BMPs. The project would also install and maintain an access road for ongoing access and maintenance of the stormwater junction on an as need basis.

Landscaping
The project will contain a total of 43,243 square feet of landscaping, concentrated at the periphery of the building and along the periphery of the access drive aisle including stormwater bioretention areas and bulb outs in the parking area. Landscaping includes trees, shrubs, perennials, groundcover, and native grasses and will provide shade in the parking areas, screen and soften the development from surrounding views, and filter stormwater runoff. Shade trees and landscaping proposed adjacent to the parking areas would provide shade coverage to

City of Pinole Pinole Shores II Project
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51% of the parking stalls. Stormwater runoff from impervious surfaces introduced by the project will be treated by bioretention basins distributed throughout the project site.

Construction
For purposes of this analysis, it is assumed that construction activities will occur over an approximately 1.5- year construction period, from Fall 2024 to Summer to 2026. Construction activities include site preparation and grading, trenching for utilities, construction of vertical elements, paving, internal finishing, architectural coating, and landscaping and lighting. Site preparation would initiate with grubbing to remove ruderal vegetation and grading to level and compact the site. Grading and import of fill soils occurred during the 2006 development of Phase 1 of the Pinole Shores Business Park. No further import or export of fill is expected to be required to achieve site elevations and support structural grades. Grading of the site will be followed by trenching and installation of utilities. Foundation work will be conducted followed by the construction of the tilt up building.

Finally, landscaping, lighting, infrastructure, and finishing details will be installed.

Construction equipment expected to be utilized includes tractors, backhoes, haul trucks, graders, pavers, and water trucks. All construction material and equipment would be staged on-site or, through issuance of an encroachment permit, on abutting rights-of-way. Temporary lane closures on San Pablo Avenue are expected to occur during frontage improvements and utility work.

Construction access routes would be from San Pablo Avenue. A construction trailer, construction worker parking, and the construction yard would be located onsite. Construction activities, start times, end times and deliveries would be within the City’s designated construction hours per municipal code section 15.36.250, between the hours of 7 am to 6 pm Monday through Friday and 8 am to 5 pm on Saturday.

Operation
The project proposes to operate as a warehouse and wholesale distribution facility with ancillary office use. It is anticipated that between 60 and 100 employees would be employed at operation. Hours of operation for exterior activities and truck deliveries and distribution would generally extend from 7:00 am to 7:00 pm Monday through Friday, with some interior uses requiring 24/7 activities. The largest shift of employees onsite is expected to be between the hours of 7:00 am and 3:00 pm.

Offsite Improvements
The project will include offsite improvements along the frontage of San Pablo Avenue including the construction of a bus shelter at the existing westbound bus stop at the front of the Pinole Shores Business Park, restriping and signage to prohibit left-turns into the project driveway, lengthening the eastbound left turn pocket, realignment of the existing crosswalk and striping at the project driveway, installation of a new stop sign and street markings at the private lot intersection north of San Pablo Avenue, and installation of a traffic signal and crosswalks at the project driveway entrance at the intersection of Meadow Avenue and San Pablo Avenue.

Public Outreach
No public outreach has been conducted in the surrounding community for this project.

Entitlements
The project applicant has applied to the City of Pinole for the following entitlements:
● Comprehensive Design Review
● Conditional Use Permit
Other Public Agency Review
The project requires the following approvals from regional agencies:

Pinole Sanitary District for permits to connect to the sanitary sewer.

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California Native American Tribal Consultation
In accordance with AB 52 (PRC Section 21084.2), lead agencies are required to initiate consultation with a tribe with traditional and/or cultural affiliations in the geographic area where a subject project is located if a project may cause a substantial adverse change in the significance of a tribal cultural resource. Should the tribe respond requesting formal consultation, the lead agency must work with the tribe or representative thereof to identify potential impacts and develop avoidance or mitigation measures to reduce potential impacts to tribal cultural resources. In accordance with AB 52, notification of the proposed project was mailed to the following tribes on December 20, 2023, and subsequent notice of design change was issued on May 20, 2024. • The Ohlone Indian Tribe
• Amah Mutsun Tribal Band of Mission San Juan Bautista
• The Confederated Villages of Lisjan
• Guidiville Indian Rancheria
• Indian Canyon Mutsun Band of Costanoan
• Muwekma Ohlone Indian Tribe of the SF Bay Area
Two responses were received from Tribal organization or entities requesting to enter into consultation under AB 52 from the Confederated Villages of Lisjan and the Indian Canyon Mustsun Band of Costanoan.

Additionally, consultation about the project was conducted by Evans & DeShazo (EDS) with a representative from the Indian Canyon Mutsun Band of Costanoan. Recommendations for inclusion of tribal monitors during ground-disturbing activities received through that process are imposed as environmental conditions of approval (See Cultural and Tribal Cultural Resources Sections below). Tribal consultation was completed in March 2023.

With redesign of the project, the City contacted the Tribes and the Confederated Villages of Lisjan asked to be contacted if any cultural resources or burial sites are found during construction and the Amah Mutsun Tribal Band of Mission San Juan Bautista shared information regarding services including training and monitoring. No other responses were received.

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3. APPLICABLE CEQA PROVISIONS AND FINDINGS
The following discussion presents the relevant provisions of CEQA to which the proposed Pinole Shores II Project complies. It provides a determination of consistency with the City’s program level EIR for the General Plan and Specific Plan, and the 2010 FEIR. A description of how the Pinole Shores II Project complies with each provision is presented below. Finally, this section concludes with the CEQA finding and determination that the project is exempt from further environmental review.

3.1. GENERAL PLAN, SPECIFIC PLAN, AND EIR
The City of Pinole General Plan serves as the document that guides future development citywide, expresses the community’s development goals, and public policies relative to land uses. The update of the General Plan was adopted in 2010. The Three Corridors Specific Plan was developed concurrently with the General Plan update to guide development in defined sub-areas of the General Plan to focus development on unique characteristics of these areas. The purpose of the Specific Plan is to focus revitalization along the three corridors: San Pablo Avenue, Pinole Valley Road, and Appian Way.

The General Plan EIR (2010 FEIR) assesses potentially significant environmental impacts associated with implementation of the General Plan and the Three Corridors Specific Plan. The 2010 FEIR provides the public, responsible agencies, and decision makers with information about the probable environmental effects of adoption and implementation of the General Plan Update, Three Corridors Specific Plan, and associated Zoning Code Updates. The 2010 FEIR serves as a programmatic document that is intended to be used to evaluate subsequent projects and activities within the planning area. The findings of the 2010 FEIR are presented below in Section 4 for each environmental category.

3.2. CONSISTENCY WITH PROGRAM EIR (CEQA GUIDELINES SECTION 15168) The City of Pinole certified a program level EIR, the 2010 FEIR, which includes an analysis of the development potential anticipated by land use designation, policies and programs contained in the General Plan and the Three Corridors Specific Plan. The 2010 FEIR provides for streamlining and/or tiering opportunities under CEQA Guidelines Section 15168. CEQA Guidelines 15168(c) states that “later activities in the program must be examined in the light of the program EIR to determine whether an additional environmental document must be prepared.”
APPLICABILITY OF THE PROJECT TO 15168
The proposed Pinole Shores II Project is a “later activity” of the program EIR. Section 4 of this CEQA Analysis provides an assessment of the project’s environmental impacts relative to what was analyzed in the 2010 FEIR.

As described in Section 4, the project does not result in environmental effects that were not previously examined. As such, pursuant to CEQA Guidelines Section 15162 and 15163, no subsequent or supplemental EIR is required. In accordance with CEQA Guidelines Section 15168(c)(2), the City can “approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document would be required.”
CEQA Guidelines 15168(c)(3) provide that “an agency shall incorporate all feasible mitigation measures and alternatives developed in the program EIR into later activities in the program.” Section 6 of this CEQA analysis identifies the relevant environmental conditions of approval that will be required of the proposed Project to demonstrate compliance with mitigation measures set forth in the program level EIR, and policies, programs and goals of the Three Corridors Specific Plan and General Plan.

As described below in Section 4, for each environmental resource topic in the Environmental Checklist, with implementation of mitigation measures, the proposed project would not result in significant impacts beyond those analyzed in the program level EIR. In addition, the project is subject to the payment of Development Impact Fees, which are collected to offset the incremental increase in demands for public services and infrastructure from implementation of the General Plan and Specific Plan.

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3.3. GENERAL PLAN/COMMUNITY PLAN EXEMPTION (CEQA GUIDELINES SECTION 15183) California Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183 allows a streamlined environmental review process for projects that are consistent with the existing zoning, community plan, or general plan policies for which an EIR was certified.

Section 15183 (a) “mandates that projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. This streamlines the review of such projects and reduces the need to prepare repetitive environmental studies.” Section 15183(b) specifies that “in approving a project meeting the requirements of Section 15183, a public agency shall limit its examination of environmental effects to those which the agency determines, in an initial study or other analysis:
1) Are peculiar to the project or the parcel on which the project would be located; 2) Were not analyzed as significant effects in a prior EIR on the zoning action, general plan, or community plan, with which the project is consistent;
3) Are potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action; or 4) Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR.”
Section 15183(c) specifies that if an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards, then an additional EIR need not be prepared for the project solely on the basis of that impact.

Section 15183(d) further states that the streamlining provisions of this section “shall apply only to projects that meet the following conditions:
(1) the project is consistent with a community plan adopted as part of a general plan, a zoning action which zoned or designated the parcel on which the project would be located to accommodate a particular density of development, or a general plan of a local agency; and (2) an EIR was certified by the lead agency for the zoning action, the community plan, or the general plan.” APPLICABILITY OF THE PROJECT TO 15183
The proposed Pinole Shores II Project is consistent with the General Plan land use designation and zoning for the site, as outlined below, and meets the streamlining provisions under CEQA Guidelines Section 15183(d)(1):
(d)(1)(A) The project is consistent with a community plan adopted as part of a general plan.

The City of Pinole General Plan and Three Corridors Specific Plan were approved and the EIR (SCH Number 2009022057) was certified on October 20, 2010, by Resolution Number 2010-88. The project is located on a site with the Office Industrial Mixed Use (OIMU) designation within the Service Subarea (SSA) in the San Pablo Avenue Corridor. The SSA is intended to serve as the gateway into Pinole where light and green industry is encouraged. This SSA serves as a transition between the Mixed-Use Subarea and the western City limits of Pinole. It is intended to embrace the area’s historic character as an industrial area while moving towards newer cleaner industry and allowing land use flexibility.

The purpose of the Office Industrial Mixed-Use District is to allow a wide range of office and light industrial development. This designation is intended for office and light industrial uses with supporting retail and service

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uses. Offices may be developed in an office park setting, but most office and light industrial development stands alone. Commercial and other support services may be integrated vertically and/or horizontally in this district, but the predominant use of integrated developments is office and/or light industrial. Retail must be ancillary to the principal industrial activity of the property and cannot exceed 10 percent of total usable floor area. Public and quasi-public uses (community centers, public library, city hall, parks and other community serving uses etc.) are permitted.

The project consists of the construction of one tilt-up building on an independent parcel adjacent to an existing office and light industrial park. The ultimate tenant of the proposed building is not confirmed but is subject to the OIMU land use and provisions of the Conditional Use Permit for operations as a light industrial and wholesale distribution center.

The proposed Pinole Shores II Project is consistent with the following Three Corridors Specific Plan land use policies related to the San Pablo Avenue Corridor:
• Land Use Policy 6. Actively promote the “revitalization” of underutilized land. • Land Use Policy 8. Encourage the development of mixed-use office buildings in proximity to existing transit stops.
• Land Use Policy 9. Promote a variety of smaller retail and office space opportunities for small business.
(d)(1)(B) The project is consistent with a zoning action which zoned or designated the parcel on which the project would be located to accommodate a particular density of development.

The project is subject to and consistent with the applicable development standards and zoning requirements within the Three Corridors Specific Plan and the Pinole Zoning Code (Title 17 of the Pinole Municipal Code).

Where there is a conflict between the Specific Plan and the zoning code, the Specific Plan takes precedence.

The Pinole Shores II Project is located on a site designated as Office Industrial Mixed Use (OIMU) and the Specific Plan uses the existing development as a model of OIMU development consisting of 30 percent site utilization, 80 percent industrial, 10 percent office, and 10 percent retail. The proposed development will contain 121,674 square feet of building for 38 percent site utilization, 96 percent warehouse or light industrial space, 4 percent office space, and no retail or residential uses are proposed.

The General Plan and Specific Plan have assumed a total maximum development potential of 512,466 square feet of office space and zero (0) square feet of industrial space within the Specific Plan area. Of the existing 336,253 square feet of existing office space stock, 307,233 square feet of additional office space is projected for development within the San Pablo Avenue Corridor. The San Pablo Avenue Corridor contains 426,692 square feet of industrial square footage, or 90 percent of Pinole’s total stock of industrial space. The Specific Plan determined that Pinole’s stock of industrial space is sufficient to current and projected demand and projects a decrease of 3,705 square feet.
(d)(1)(C) The project is consistent with the City of Pinole General Plan.

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The project site is designated Service Sub-Area (SSA) on the City’s General Plan Land Use map. The SSA is intended to maintain and enhance existing land uses while providing land use flexibility and incentives to encourage new private investment and development. Each service sub-area has a different emphasis and, while described in greater detail in the Specific Plan, the San Pablo Avenue emphasis is to preserve land for manufacturing and industrial uses, particularly “green industry”. A limited amount of general office, retail and residential uses may be permitted where they will not conflict with the principal industrial uses in the area.

The Pinole Shores II Project proposes one light industrial building with 116,778 square feet of warehouse area with 4,896 square feet of ancillary office space. The building will be served by new parking spaces for passenger vehicles, parking for trucks, and a loading dock with 18 spaces to accommodate full size trucks. The proposed project is consistent with the following General Plan policies:
• Policy LU.1.1. Increase land use diversity along the San Pablo Avenue, Pinole Valley Road and Appian Way corridors; reduce residential density on large land holdings designated for Rural land use; and maintain other land use designations for a variety of residential, commercial, light industrial, recreational, open space and public purposes which (1) protect environmental resources; (2) provide a mix of housing types, densities and tenure; (3) ensure that a variety of commercial and industrial goods, services and employment opportunities are available; and (4) offer a range of recreational and public facilities to meet the needs of residents.
• Policy LU.1.2. Require all proposed projects to be consistent with the General Plan and other applicable development standards established by the Specific Plan(s) or the City’s Zoning Code. • Policy LU.3.3. Require design review of commercial and industrial projects to ensure compatibility with adjacent or nearby land uses, including intensity, access, internal circulation, visual characteristics, noise, odors, fire hazards, vibrations, smoke, discharge of wastes and nighttime lighting. • Policy LU.4.3. Cluster development at higher densities to protect natural resources and address site development constraint issues, including archaeological sites, access, traffic, emergency services, water and sewer availability, creek and tree protection, steep slopes, potential geologic hazards, grading impacts, view protection and protection of open space resources. • Policy LU.7.1. Provide sufficient land for commercial and industrial uses to allow for development that provides basic goods and services to Pinole residents.
• Policy LU.7.2. Provide for economic development which (1) maintains the City’s ability to finance services and the construction and maintenance of public improvements; (2) offers local employment opportunities for Pinole residents to reduce inter-city commuting; and (3) assures the availability and diversity of resident-serving goods and services.
• Policy LU.7.3. Continue to strive for a balance between the number of jobs in the Pinole Planning Area and the number of housing units available for workers by encouraging and supporting policies and programs, mixed-use projects which provide both housing and employment opportunities, and the development of affordable housing.
• Policy LU.8.2. Utilize the Three Corridors Specific Plan to continue to revitalize the Pinole Valley Road south of Interstate 80, encourage additional medical office use north of Interstate 80, and enhance Pinole Creek as a natural amenity that supports wildlife and provides a trail system connecting Pinole Valley High School and commercial uses adjacent to Interstate 80 with the Old Town area and with San Pablo Bay and the Bay Trail. Continue to encourage the mixed-use nature of Pinole Valley Road while protecting the architectural integrity of existing historic buildings and connecting more recent development to the historic Old Town area. The strategies below shall be used to support this action:
a) Further define and enhance existing regional and neighborhood gateway locations consistent with the Three Corridors Specific Plan;

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b) Ensure that the scale and massing of new development is compatible with Pinole’s small-town character along this corridor;
c) New development shall provide enhanced pedestrian and bicycle mobility features that improve both connections within the corridor and connections to surrounding residential, commercial, recreational, and institutional uses.
• Policy CE.1.1. Encourage strategic growth that concentrates future development along Pinole’s three primary transit corridors (San Pablo Avenue, Appian Way and Pinole Valley Road). • Policy CE.5.1. Provide off-street parking to employees; however preferential parking at several locations in the city shall be made available to vanpools, carpools, alternative fuel vehicles and other transit users, where feasible and appropriate.
• Policy CE.6.2. Implement transportation demand management strategies in conjunction with land uses in order to prevent future traffic congestion in the city.

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3.4. CEQA DETERMINATION AND SUMMARY OF FINDINGS
As summarized above and presented herein, the proposed Pinole Shores II Project is eligible for the following CEQA exemptions:

Consistency with Program EIR. The City of Pinole 2010 FEIR provides for streamlining and/or tiering provisions under CEQA Guidelines Section 15168. This CEQA Analysis demonstrates that the project would not result in substantial changes or involve new information that would warrant preparation of a subsequent EIR because the level of development proposed is within the development assumptions analyzed in the program level EIR (2010 FEIR). No further environmental review is required.

Community Plan Exemption. Streamlined environmental review per Section 15183 of the CEQA Guidelines and California Public Resources Code Section 21083.3. The project is consistent with the General Plan and will not result in significant environmental impacts that were not previously identified as significant project-level, cumulative or offsite effects in the 2010 FEIR. The project is exempt from further CEQA review, since it is consistent with the General Plan.

Findings Summary. As described herein, the proposed project is within the scope of development projected under the General Plan and Three Corridors Specific Plan, for which an EIR was certified in 2010. The proposed Pinole Shores II Project will implement applicable mitigation measures identified in the 2010 FEIR. In addition, the project would be required to comply with applicable conditions of approval and subject to uniformly applied development standards. With implementation of required mitigation measures imposed as environmental conditions of approval, the project would not result in a substantial increase in the severity or significant impacts that were previously identified in the program level EIRs, nor would the project introduce any new significant impacts that were not previously identified. Therefore, there would be no additional environmental impacts beyond those analyzed in the 2010 FEIR.

Each of the above findings provides for a separate and independent basis for CEQA compliance. We do hereby certify that the above determination has been made pursuant to State and Local requirements. _____________________________________________ _______________ Signature: City of Pinole Date

3.5. ENVIRONMENTAL CONDITIONS OF APPROVAL
The project shall incorporate all feasible mitigation measures set forth in findings of fact for prior applicable Environmental Impact Reports (EIR). The following EIRs have been determined by the City to be applicable to the project:
• City of Pinole General Plan EIR (SCH Number 2009022057) In each impact section of the Evaluation of Environmental Impacts, applicable mitigation measures from the findings of fact for the certified EIR are identified. Section 6 of this CEQA Analysis identifies relevant environmental conditions of approval for the project derived from mitigation measures, policies and implementing programs established in the City’s General Plan and Three Corridors Specific Plan and the certified 2010 FEIR.

The Pinole Shores II Project applicant has reviewed all conditions of approval and as signed below is committed to implementing all environmental conditions of approval as part of the project. _______________________________________________ _______________ Signature: Project Applicant Date

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4. EVALUATION OF ENVIRONMENTAL EFFECTS
This section examines the Project’s potential environmental effects within the parameters outlined in CEQA Guidelines Section 15183(b). The “Prior EIRs” (as defined in CEQA Guidelines Section 15183(b)(3)) is the City of Pinole General Plan EIR (2010 FEIR), inclusive of all impact determinations, significance thresholds and mitigation measures identified therein.

Th evaluation builds from the Appendix G Environmental Checklist and has been modified to reflect the parameters outlined in CEQA Guidelines Section 15183(b). The checkboxes in the evaluation below indicate whether the proposed project would result in environmental impacts, as follows:
• New Significant Impact – The proposed Project would result in a new significant impact that was not previously identified in the 2010 FEIR.
• More Severity Impact – The proposed project’s specific impact would be substantially greater than the specific impact described in the 2010 FEIR.
• No Substantial Change – The proposed project would not involve a substantial change from analysis conducted in the 2010 FEIR.
• No Change – The severity of the specific impact of the proposed project would be the same as or less than the severity of the specific impact described in the 2010 FEIR.

Where the severity of the impacts of the proposed project would be the same as or less than the severity of the impacts described in the 2010 FEIR, the checkbox for Equal or Less Severity of Impact Previously Identified in FEIR is checked. Where the checkbox for Substantial Increase in Severity of Previously Identified Significant Impact in FEIR or New Significant Impact is checked, there are significant impacts that are:
• Peculiar to project or project site (CEQA Guidelines Section 15183[b][3]); • Not analyzed as significant impacts in the previous EIRs, including off-site and cumulative impacts (CEQA Guidelines Section 15183[b][2]);
• Due to substantial changes in the project (CEQA Guidelines Section 15162[a][1]); • Due to substantial changes in circumstances under which the project will be undertaken (CEQA Guidelines Section 15162[a][2]); or
• Due to substantial new information not known at the time the EIRs were certified (CEQA Guidelines Sections 15162[a][3] and 15183[b][4]).

As described herein, the proposed Project will be required to comply with all applicable mitigation measures identified in the 2010 FEIR.

This evaluation hereby incorporates by reference the 2010 FEIR discussion and analysis of all environmental topics. The 2010 FEIR significance thresholds have been consolidated and abbreviated in this Checklist; a complete list of the significance thresholds can be found in the 2010 FEIR.

The 2010 FEIR is a program level document that considers the combined effects of implementing several related projects. As such, the analyses presented in the 2010 FEIR represent a cumulative analysis of environmental impacts that may occur from buildout of the Specific Plan and the General Plan.

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4.1. AESTHETICS
Except as provided in Public Resources Code Section
21099, would the project:

New
Significant
Impact Not
Identified in
2010 FEIR
More
Severe
Impact
Relative to
2010 FEIR
No
Substantial
Change
Relative to
2010 FEIR
No Change
Relative to
the 2010
FEIR
a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
historic buildings within a state scenic highway?
c) In non-urbanized areas, substantially degrade the
existing visual character or quality of public views of the site and its surroundings? (Public views are those
that are experienced from publicly accessible vantage
point). If the project is in an urbanized area, would the project conflict with applicable zoning and other
regulations governing scenic quality?
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime views in
the area?
Sources: City of Pinole General Plan/Specific Plan and EIR; and Plan Set, prepared by HDO Architecture, dated March 18, 2024.

General Plan and Specific Plan EIR Findings
The 2010 FEIR evaluated potential impacts to aesthetics in Chapter 4.11 including the Three Corridors Specific Plan area and determined the following:
• Impact 4.11.1- Implementation of the proposed project (General Plan Update, Three Corridors Specific Plan, and Zoning Code Update) would encourage new development and redevelopment activities that could potentially degrade existing scenic vistas. This impact is considered less than significant. • Impact 4.11.2- Implementation of the proposed project (General Plan Update, Three Corridors Specific Plan, and Zoning Code Update) could result in the alteration of visual character. This is considered a less than significant impact.
• Impact 4.11.3- Implementation of the proposed project (General Plan Update, Three Corridors Specific Plan, and Zoning Code Update) would result in the intensification of land uses within the GPU Planning Area, which has the potential to create new sources of daytime glare and nighttime illumination. This impact is considered a less than significant impact.
• Impact 4.11.4- Implementation of the proposed project (General Plan Update, Three Corridors Specific Plan, and Zoning Code Update), along with foreseeable development in the region, would not result in the significant conversion of the city’s visual character. This is considered a less than cumulatively considerable impact.

The 2010 FEIR determined that implementation would result in less than significant impacts regarding degradation of existing scenic vistas, alteration of visual character, and light and glare. No mitigation measures were required for the determination of less than significant impacts.

Project Consistency with the 2010 FEIR

4.1(a) (Scenic Vistas) No Substantial Change Relative to the 2010 FEIR: The 2010 FEIR determined that there are no designated scenic vistas within the city. Although the City contains scenic views of the San Pablo □
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Bay and the surrounding cities that can be seen from the City’s ridgelines, these views were not considered scenic vistas and the 2010 FEIR determined impacts to scenic vistas as less than significant.

The Pinole Shores II Project will introduce a new 2-story light industrial building on a site surrounded by established urban development. Given the site location within an urbanized area with no designated scenic vistas, the proposed project will result in no changes to visual impacts relative to the 2010 FEIR. No trees are currently growing on the project site and no tree removal will be required. The development will introduce approximately 123 new trees. New trees and landscaping will provide visual screening and soften the new development as well as provide shade to the parking lots and biofiltration in the proposed stormwater bioretention areas. Therefore, the project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2010 FEIR.

4.1(b) (Scenic Highways) No Change Relative to the 2010 FEIR: The 2010 FEIR determined that there are no officially designated state scenic highways or highways eligible for a designation by the California Department of Transportation Scenic Highways Program within the City. Accordingly, the project will have no impact on scenic resources within a state scenic highway.

4.1(c) (Visual Character) No Substantial Change Relative to the 2010 FEIR: The 2010 FEIR determined that implementation of the General Plan and Specific Plan could result in alteration to the visual setting in nonurbanized areas and those impacts would be less than significant. Though there are no officially designated scenic vistas within Planning Area, there are scenic views of the San Pablo Bay and the surroundings that can be seen from vantage points along ridgelines. The project is consistent with the intent of the General Plan and the Three Corridors Specific Plan to promote infill development within the urbanized areas of the city along the primary transportation corridors, to protect ridgelines and preserve open space, and to limit the height of buildings to protect long-range views.

The 2010 FEIR indicated that development consistent with the Zoning Code and General Plan policies would protect the visual character of the City. The project is compatible with General Plan Policy CC.1.1 in that it exhibits pedestrian orientation, and interconnectivity of circulation via the provision of sidewalks throughout the development that connect to the sidewalks along San Pablo Avenue, and also provides a connection to the other buildings in the Pinole Shores Business Park. Through Action CC.1.1.3 the project is also subject to the City’s Commercial and Industrial Design Criteria and Guidelines to ensure high quality design and compatibility with the scale and character of the neighborhood.

The project has been evaluated by the City and found to be consistent with the applicable Design Guidelines as follows:
• The site design is pedestrian-oriented providing sidewalks around the entire periphery of the proposed building and at the site frontage.
• The project retains the existing access driveways off San Pablo Avenue.

The 2010 FEIR determined that the General Plan and Three Corridors Specific Plan policies and guidelines would mitigate impacts to visual character by directing development toward existing transportation corridors and protecting scenic resources including historic visual resources, creeks, the San Pablo Bay shoreline, ridgelines, hillsides, and tree and vegetative resources. The site is in an urbanized area and there are no scenic or visual resources present on the project site. Construction of the project will not be detrimental to the scenic quality of Pinole due to removal or infringement upon a significant scenic resource. The proposed building height would not create an impediment to long-range views because it is under the 4-story limit established in the Three Corridors Specific Plan. Therefore, the project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2010 FEIR.

4.1(d) (Lighting and Glare) No Substantial Change Relative to the 2010 FEIR: The 2010 FEIR determined that intensification of land uses may create new sources of light and glare. Application of lighting rules and regulations included in the Pinole Municipal Code was identified in the FEIR as a means to minimize impacts.

The proposed lighting would be in conformance with Chapter 17.46, which governs installation and operation of lighting fixtures. Among the standards for lighting is the requirement for full downward shielding in order to reduce light and glare impacts to adjoining properties and public rights-of-way. Compliance with lighting standards has been imposed under environmental condition of approval AES-1 in accordance with General

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Plan Action CC.2.3.4. Therefore, the project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2010 FEIR.

Applicable 2010 FEIR Mitigation Measures
There are no applicable 2010 FEIR mitigation measures to this project.

Conclusion and Environmental Conditions of Approval
The project would not result in any substantial new or more severe impacts to aesthetics relative to what was identified in the 2010 FEIR. The project would be required to comply with City of Pinole regulations that implement General Plan policies, including Zoning Code standards captured in the following environmental condition of approval:

COA AES-1: The applicant shall ensure, and the City shall verify, that the final lighting plan incorporates applicable requirements set forth in Chapter 17.46 of the Pinole Municipal Code and General Plan Action CC.2.3.4, including that all outdoor lighting fixtures be designed, shielded, aimed, located, and maintained to shield adjacent properties and to not provide glare onto adjacent properties or roadways.

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4.2. AGRICULTURAL AND FORESTRY RESOURCES
Would the project:

New
Significant
Impact Not
Identified in
2010 FEIR
More
Severe
Impact
Relative to
2010 FEIR
No
Substantial
Change
Relative to
2010 FEIR
No Change
Relative to
the 2010
FEIR
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code
section 12220(g)), timberland (as defined by Public
Resources Code section 4526), or timberland zoned
Timberland Production (as defined by Government
Code section 51104(g))?
d) Result in the loss of forest land or conversion of
forest land to non-forest use?
e) Involve other changes in the existing environment
which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
Sources: City of Pinole General Plan/Specific Plan and EIR; and California Department of Conservation Farmland Mapping and Monitoring.

General Plan and Specific Plan EIR Findings
The 2010 FEIR determined under Chapter 1.7 that implementation of the General Plan/Specific Plan would not result in any potentially significant impacts to agricultural land because the city has been largely built out and does not have agricultural operations. Similarly, the City of Pinole lacks forestland and timberland production.

Project Consistency with the 2010 FEIR

4.2(a-e) (Farmland, Agricultural Land, Forest Land) No Change Relative to the 2010 FEIR: The 2010 FEIR determined that buildout will not impact agricultural land. The project site is mapped as Urban and Built-Up Land by the California Department of Conservation. It does not contain farmland or forest land pursuant to Section 12220(g) of the Public Resources Code. The project is within the scope of development projected under the General Plan/Specific Plan and the 2010 FEIR and located on a site designated to support light industrial uses. Therefore, there would be no impact to farmland, agricultural land, or forestland due to the proposed project.

Applicable 2010 FEIR Mitigation Measures
There are no applicable 2010 FEIR mitigation measures to this project.

Conclusion
The project would not result in any new or more severe impacts to agricultural and forestry resources relative to what was identified in the 2010 FEIR. The project consists of development within an urban context that would not impact agricultural or forestland resources and is consistent with the City’s General Plan and Three Corridors Specific Plan.
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4.3. AIR QUALITY
Would the project:

New
Significant
Impact Not
Identified in
2010 FEIR
More
Severe
Impact
Relative to
2010 FEIR
No
Substantial
Change
Relative to
2010 FEIR
No Change
Relative to
the 2010
FEIR
a) Conflict with or obstruct implementation of the
applicable air quality plan?
b) Result in a cumulatively considerable net increase
of any criteria pollutant for which the project region is non-attainment under an applicable federal or state
ambient air quality standard?
c) Exposure of sensitive receptors to substantial
pollutant concentrations?
d) Result in other emissions (such as those leading to
odors) adversely affecting a substantial number of
people?
Sources: City of Pinole General Plan/Specific Plan and EIR; Plan Set, prepared by HDO Architecture, dated March 18, 2024; BAAQMD 2017 Bay Area Clean Air Plan; BAAQMD CEQA Guidelines April 20, 2022; BAAQMD Recommended Methods for Screening and Modeling Local Risks and Hazards, prepared by the BAAQMD, May 2011; and Air Quality and Greenhouse Gas Assessment, prepared by Illingworth & Rodkin, Inc., April 25, 2024.

General Plan and Specific Plan EIR Findings
The 2010 FEIR evaluated potential impacts to air quality in Chapter 4.3 including the Three Corridors Specific Plan area and determined the following:
• Impact 4.3.1- Subsequent land use activities associated with implementation of the proposed project (General Plan Update, Three Corridors Specific Plan, and Zoning Code Update) would result in increased population and vehicle miles traveled that would exceed assumptions used to create the BAAQMD’s Clean Air Plan. Although the GP EIR identified policies that would help reduce the effect of impacts, the impact would be significant and unavoidable, and there are no available mitigation measures. Resolution 2010-88 adopted a statement of overriding consideration for this significant and unavoidable impact citing a sustainability benefit with the following rationale: “The proposed residential and commercial uses and related densities are designed to balance housing and employment opportunities to help reduce trips in and out of the region.” • Impact 4.3.2- Subsequent land use activities associated with implementation of the proposed project (General Plan Update, Three Corridors Specific Plan, and Zoning Code Update) could result in shortterm construction emissions that could violate or substantially contribute to violations of federal and state ambient air quality standards. Implementation of mitigation measure 4.3.2, requiring the use of BAAQMD best management practices for construction emissions, would reduce impacts to less than significant.
• Impact 4.3.3- Subsequent land use activities associated with implementation of the proposed project (General Plan Update, Three Corridors Specific Plan, and Zoning Code Update) could result in longterm, operational emissions that could violate or substantially contribute to violations of federal and state ambient air quality standards. Impacts were determined to be significant and unavoidable, and there are no available mitigation measures. A statement of overriding consideration was adopted with certification of the 2010 FEIR by resolution 2010-88 citing sustainability benefits. • Impact 4.3.4- Implementation of the proposed project (General Plan Update, Three Corridors Specific Plan, and Zoning Code Update) would result in increased population and employment that would result in level of service operations that would be inconsistent with the region’s congestion management □
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Program. Implementation of mitigation measure 4.4.2, for the City to work with county transportation agencies, would reduce impacts to less than significant impacts. The project is consistent with development assumptions within the General Plan and results in no new significant or more severe impact relative to the 2010 FEIR.
• Impact 4.3.5- Subsequent land use activities associated with implementation of the proposed project (General Plan Update, Three Corridors Specific Plan, and Zoning Code Update) could result in projects that would include sources of toxic air contaminants which could affect surrounding land use.

Subsequent land use activities could also place sensitive land uses near existing sources of toxic air contaminants. These factors could result in the exposure of sensitive receptors to substantial concentrations of toxic air contaminants and/or fine particulate matter. General Plan policies that would reduce impacts include Policy SE.7.1, SE.7.9 and LU.3.3. Impacts were determined to be significant and unavoidable, and there are no available mitigation measures. A statement of overriding consideration was adopted with certification of the 2010 FEIR by resolution 2010-88 citing sustainability benefits.
• Impact 4.3.6- Subsequent land use activities associated with implementation of the proposed project (General Plan Update, Three Corridors Specific Plan, and Zoning Code Update) could include sources that could create objectionable odors affecting a substantial number of people or expose new residents to existing sources of odor. Mitigation measure 4.3.6a and 4.3.6b, which includes compliance with BAAQMD best management practices, would reduce impacts to less than significant. • Impact 4.3.7- The General Plan EIR determined that implementation of the proposed project (General Plan Update, Three Corridors Specific Plan, and Zoning Code Update), in combination with cumulative development in the SFBAAB, would result in a cumulatively considerable net increase of ozone and coarse and fine particulate matter. Impacts were determined to be cumulatively considerable, and there are no available mitigation measures. A statement of overriding consideration was adopted with certification of the 2010 FEIR citing sustainability benefits.

Implementation of the General Plan and Specific Plan would result in potentially significant air quality impacts.

Mitigation measures from the 2010 FEIR would reduce the effect of impacts, however not all impacts may be reduced to less than significant levels. A statement of overriding consideration was adopted with certification of the 2010 FEIR.

Project Consistency with the 2010 FEIR

4.3(a) (Conflict with Plan) No Substantial Change Relative to the 2010 FEIR: The 2010 FEIR found that build out of the General Plan would result in significant and unavoidable impacts on air quality, and a statement of overriding considerations was adopted. The General Plan determined that impacts resulting from the increased population and vehicle miles traveled would exceed assumptions used to create the 2010 BAAQMD Clean Air Plan. As it relates to the General Plan and Specific Plan, the development proposed by the Pinole Shores II Project is within the development projections of the 2010 FEIR and would not create new impacts, more significant impacts, or a substantial change from the 2010 FEIR.

In the 2017 and updated 2022 BAAQMD CEQA Air Quality Guidelines, the BAAQMD established thresholds of significance for construction and operation for emission levels that may be considered potentially significant impacts. Project-specific analysis of air pollutant emissions, (Appendix A), quantifies emissions from shortterm construction-related activities (e.g. construction equipment emissions, soil disturbance, transport of materials and worker trips) and long-term operations (e.g., employee, visitor, delivery, and distribution trips, as well as area sources from use of consumer products and landscaping maintenance equipment). For the wholesaling and distribution use of the project during operation, it was estimated that there would be 107 truck trips to the site per day. These trucks were assumed to be heavy heavy-duty trucks (HHDT) and are a source of long-term DPM emissions. Distribution truck trips were assumed to travel to and from the site, with an idling time of 5 minutes at loading docks for each in-bound and out-bound trip. Emissions from truck distribution trips would contribute to cumulative health risk impacts to nearby off-site receptors but would not exceed the BAAQMD single-source threshold.

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Air quality emissions generated by the project would not exceed BAAQMD significance thresholds during construction or at operation, as shown in Tables AQ-1 and AQ-2 below.

Table 1. Construction Period Emissions
Scenario ROG
(Reactive
Organic
Gases)
NOX
(Nitrogen
Oxides)
PM10
Exhaust
PM2.5
Exhaust
2025 0.70 0.65 0.03 0.02
BAAQMD Thresholds
(tons/year)?
10 10 15 10
Exceed Threshold? No No No No
Average Daily Construction Emissions Per Year (pounds/day) 2025 (185 construction
workdays)

9.21 8.65 0.36 0.33
BAAQMD Thresholds
(pounds/day)
54 54 82 54
Exceed Threshold? No No No No
Sources: 2022 BAAQMD CEQA Air Quality Guidelines; and Air Quality and Greenhouse Gas Analysis, April 2024, Illingworth & Rodkin.

Table 2. Operational Emissions
Scenario ROG
(Reactive
Organic
Gases
NOX
(Nitrogen
Oxides)
PM10
Exhaust
PM2.5
Exhaust
2026 Project Operational
Emissions (tons/year)

1.20 0.52 1.08 0.28
Project Truck Trips (tons/year) 0.01 0.65 0.43 0.08
BAAQMD Thresholds
(tons/year)
10 10 15 10
Exceed Threshold? No No No No
2026 Project Operational
Emissions (pounds/day)

6.61 6.44 8.27 1.96
BAAQMD Thresholds
(pounds/day)
54 54 82 54
Exceed Thresholds? No No No No
Sources: 2022 BAAQMD CEQA Air Quality Guidelines; Air Quality and Greenhouse Gas Analysis, April 2024, Illingworth & Rodkin.

There would be temporary generation of fugitive dust in the form of PM10 and PM2.5 during construction activities, particularly during site preparation and grading. BAAQMD does not have a quantitative threshold of significance for fugitive dust. However, the 2022 BAAQMD CEQA Guidelines provide recommendations for best management practices to reduce emissions, including fugitive dust. Mitigation measure 4.3.2, set forth in the 2010 FEIR requires the use of BAAQMD-approved basic construction mitigation measures. The 2010 FEIR concluded that impacts from construction would be less than significant with implementation of mitigations. Best management practices from the latest BAAQMD CEQA Air Quality Guidelines are required to be implemented by the project as imposed by environmental condition of approval AQ-1, consistent with FEIR mitigation measure 4.3.2. At operation air quality emissions are project to fall below the criteria pollutant thresholds of significance. Therefore, the project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2010 FEIR.

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4.3(b) (Increase Criteria Pollutants) No Substantial Change Relative to the 2010 FEIR: The 2010 FEIR identified a cumulatively considerable impact from the net increase of criteria pollutants citywide from buildout of the General Plan, and a statement of overriding considerations was adopted. The project is consistent with the projected buildout of the General Plan. At the project-level, analysis of criteria pollutant emissions from development of the project, as described above in 4.3(a), determine that the project would not exceed criteria pollutant thresholds during construction or at operation and impacts would be less than significant. Therefore, the project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2010 FEIR.

4.3.(c) (Sensitive Receptors) No Substantial Change Relative to the 2010 FEIR: The 2010 FEIR determined impacts to sensitive receptors would be significant and unavoidable, and a statement of overriding consideration was adopted. At the project-level, construction activities would result in short term emissions that could potentially impact nearby sensitive receptors including surrounding residential uses. During construction, onsite activities will result in airborne particles from site disturbance and construction equipment emissions (i.e., diesel particulate matter exhaust emissions from vehicles and heavy equipment operations). Health risks from dieselexhaust emissions are connected to long-term exposure and the associated carcinogenic risk. For toxic air contaminants (TACs) and effects on sensitive groups, health risks are based on a 30-year exposure period in accordance with the Office of Environmental Health Hazard Assessment.

Based on the Air Quality Analysis conducted for the project (Appendix A), it can be concluded that the project’s construction activities would result in significant impacts with respect to health risks to sensitive receptors because they would exceed the BAAQMD single source thresholds for the maximally exposed individual (MEI).

Implementation of the best management practices during construction (in accordance with mitigation measure

4.3.2) as specified in condition of approval AQ-1 would ensure that emissions are minimized. In accordance with Policy SE.7.5, air quality emissions shall be maintained below BAAQMD single-source thresholds by the application of environmental condition of approval AQ-2 which requires that Tier 4 engines be used during project construction or that a Construction Operations Plan be implemented that reduces diesel-powered equipment emissions by 45 percent or greater.

As shown in Table AQ-3 below, the BAAQMD threshold for any single source of TACs is 10 in one million total cancer risk, 0.3 µg/m3for annual PM2.5 and 1.0 for the hazard index. The analysis found that, with application of COAs AQ-1 and AQ-2, during construction the MEI would experience a cancer risk of 3.22 per million, an annual PM2.5 of 0.12 µg/m3, and a hazard index of <0.01, which is below the single source thresholds. As such, with conditions of approval, impacts from project construction activities would result in less than significant health risk to surrounding sensitive receptors.

As shown in the Table below, the BAAQMD threshold for cumulative sources is 100 in one million total cancer risk, 0.8 µg/m3for annual PM2.5 and 10.0 for the hazard index. The analysis found that including construction and other existing cumulative sources in the site vicinity (Crockett’s Auto Body, Central Concrete, the WCCTA gas station, BNSF Railway, and San Pablo Avenue), and with application of COAs AQ-1 and AQ-2, the MEI would experience a cumulative cancer risk of 10.05 per million, a cumulative annual PM2.5 of 0.26 µg/m3, and a cumulative hazard index of <0.05, which is below the cumulative source thresholds. As such, impacts from the project construction activities, combined with other existing emitters in the vicinity would result in less than significant health risk to surrounding sensitive receptors. Therefore, the project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2010 FEIR.

Table 3. Impacts from Combined Sources at Project Maximally Exposed Individual (MEI) Source Cancer Risk
(per million)
Annual PM2.5
(µg/m3)
Hazard
Index
Project Impacts
Project Total/Maximum Without COA
With COA

13.49 (infant)

3.22 (infant)

0.34 0.12

0.01 <0.01
BAAQMD Single-Source Threshold 10 0.3 1.0
Exceed Threshold? Without COA
With COA
Yes
No
Yes
No
No
No

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Source Cancer Risk
(per million)
Annual PM2.5
(µg/m3)
Hazard
Index
Cumulative Sources
Crockett’s Premier Auto Body (Facility ID #14312, Automotive Body, Paint, and Interior Repair and Maintenance), MEI at 955 ft - - <0.01 Central Concrete Pinole Plant (Facility ID #24845,
Ready-Mix Concrete Manufacturing), MEI at 850 ft1
- 0.12 -
Western Contra Costa Transit Authority (Facility ID #108694_1, Gas Dispensing Facility), MEI at 1000+ ft 0.01 - <0.01
Burlington Northern Santa Fe Railway 6.63 0.01 -
San Pablo Avenue, 18,544 ADT 0.19 0.01 <0.01
Combined Sources Without COA
With COA

20.32 10.05

0.48 0.26
<0.05
<0.05
BAAQMD Cumulative Source Threshold 100 0.8 10.0
Exceed Threshold? Without COA
With COA
No
No
No
No
No
No
Sources: 2022 BAAQMD CEQA Air Quality Guidelines; Air Quality and Greenhouse Gas Analysis, April 2024, Illingworth & Rodkin.

4.3(d) (Odors) No Substantial Change Relative to the 2010 FEIR: The 2010 FEIR determined that impacts due to odors would be potentially significant and specified mitigation measure 4.3.6b to reduce such impacts to a less than significant level.

As an warehouse and light industrial development, the project may involve operations that generate odors, such as light industrial and manufacturing. During construction, odors may be emitted from construction equipment and vehicles, but would be minimized through best management practices as imposed through COA AQ-1. As such the project would not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2010 FEIR.

Furthermore, the project would not result in a potential conflict due to introducing an office and light industrial facility into an area with existing heavy industrial use or introducing new or substantial odors. Major sources of potential odors include wastewater treatment plants, wastewater pumping facilities, sanitary landfills, transfer stations, composting facilities, petroleum refineries, asphalt batch plants, chemical and fiberglass manufacturing, painting/coating operations, food processing facilities, and green waste and recycling operations. The permitted uses at the project site and the conditionally allowed uses are limited to those identified by the OIMU land use, use permit, and Specific Plan regulation. Therefore, there would be no new impact relative to the 2010 FEIR due to odors from a potential land use conflict. 2010 FEIR Mitigation Measures
The 2010 FEIR mitigation monitoring and reporting program outlines the following mitigation measures:

MM 4.3.2 The proposed General Plan Update shall include a policy that would require the use of BAAQMD-approved criteria air pollutant reducing Basic Construction Mitigation Measures to all future construction projects within the GPU Planning Area where feasible whether or not construction-related emissions exceed applicable Thresholds of Significance.

Status: Applicable. In accordance with this measure, the project is subject to environmental condition of approval AQ-1.

MM 4.3.6a The proposed General Plan Update shall include an action item that shall require the city to update the Zoning Code to require the City to identify the location of existing odor sources in the city.

Status: Not applicable.

MM 4.3.6b The following policy shall be incorporated into the Sustainability Element of the General Plan:

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When new development that would be a source of odors is proposed near residences or sensitive receptors, either adequate buffer distances shall be provided (based on recommendations and requirements of the BAAQMD CEQA Air Quality Guidelines) or filters or other equipment/solutions shall be provided to reduce the potential exposure to acceptable levels. Potential mitigation associated with this policy requirement will be coordinated with any required permit conditions from BAAQMD.

When new development that would be a source of odors is proposed near residences or sensitive receptors, either adequate buffer distances shall be provided (based on recommendations of the BAAQMD CEQA Air Quality Guidelines) or filters or other equipment/solutions shall be provided to reduce the potential exposure to acceptable levels.

Status: Not applicable. Major sources of potential odors include wastewater treatment plants, wastewater pumping facilities, sanitary landfills, transfer stations, composting facilities, petroleum refineries, asphalt batch plants, chemical and fiberglass manufacturing, painting/coating operations, food processing facilities, and green waste and recycling operations. These uses fall under the heavy industrial definition in Pinole’s municipal code and are either not allowed in the OIMU district or would be allowed only through the CUP process.

Impacts of conditionally allowed uses would be evaluated during the CUP process if required.

Conclusion and Environmental Conditions of Approval
The proposed project is within the scope of development projected under the General Plan and Three Corridors Specific Plan, and there would be no additional impacts to air quality beyond those analyzed in the 2010 FEIR.

The following environmental conditions of approval would apply to the project to implement requirements of the 2010 FEIR mitigation measures.

COA AQ-1: During construction activities including demolition and ground disturbance activities, on and offsite, the contractor shall implement the latest BAAQMD recommended Best Management Practices (BMPs) to control for fugitive dust and exhaust as follows:

1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.

2. All haul trucks transporting soil, sand, or other loose material shall be covered.

3. All visible mud and dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.

4. All vehicle speeds on unpaved roads shall be limited to 15 mph.

5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as practicable. Building pads shall be laid as soon as practicable after grading unless seeding or soil binders are used.

6. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points.

7. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper working condition prior to operation.

8. A publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints shall be posted on the project site prior to the initiation of construction activities. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.

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COA AQ-2: During construction activities, contractors shall use construction equipment that has low diesel particulate matter exhaust to minimize emissions and limit use of diesel-powered equipment.

The project shall implement a feasible plan to reduce diesel-powered machinery (DPM) emissions by no less than 45 percent through one or both of the following:

1. All construction equipment larger than 25 horsepower used at the site for more than two continuous days or 20 hours total shall meet U.S. EPA Tier 4 emission standards for particulate matter (PM10 and PM2.5), if feasible. If use of Tier 4 equipment is not available, alternatively use equipment that meets U.S. EPA emission standards for Tier 2 or 3 engines and include particulate matter emissions control equivalent to CARB Level 3 verifiable diesel emission control devices that altogether achieve a 45 percent reduction in particulate matter exhaust in comparison to uncontrolled equipment; alternatively (or in combination).

2. Develop a Construction Operations Plan demonstrating that the construction equipment used on-site would achieve a reduction in construction diesel particulate matter emissions by 45 percent or greater. Such a plan shall be subject to review by an air quality expert and approved by the City prior to commencement of ground-disturbing activities. Elements of the plan could include a combination of some or all of the following measures:
• Use equipment that meets EPA Tier 4 standards or alternatively fueled equipment. • Install electric power lines during early construction phases to avoid use of diesel generators and compressors.
• Use electrically powered equipment.
• Use forklifts and aerial lifts for exterior and interior building construction that are electric or propane/natural gas powered.
• Change construction build-out plans to lengthen phases. • Implement building techniques that result in the use of less diesel-powered equipment.

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4.4. BIOLOGICAL RESOURCES
Would the project:

New
Significant
Impact Not
Identified in
2010 FEIR
More
Severe
Impact
Relative to
2010 FEIR
No
Substantial
Change
Relative to
2010 FEIR
No Change
Relative to
the 2010
FEIR
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species
identified as a candidate, sensitive, or special status species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US
Fish and Wildlife Service?
c) Have a substantial adverse effect on state or
federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption, or other
means?
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species or with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat conservation plan?
Sources: City of Pinole General Plan/Specific Plan and EIR; Plan Set, prepared by HDO Architecture, dated March 18, 2024; and Biological Resources Analysis, prepared by Monk & Associates Environmental Consultants, October 12, 2022.

General Plan and Specific Plan EIR Findings
Biological resources are protected by federal and state statute including the Federal Endangered Species Act (FESA), the California Endangered Species Act (CESA), the Clean Water Act (CWA), and the Migratory Bird Treaty Act (MBTA) which affords protection to migratory bird species including birds of prey. These regulations provide legal protection for identified plant and animal species of concern and their habitat.

The 2010 FEIR evaluated potential impacts to biological resources in Chapter 4.7 including the Three Corridors Specific Plan area and determined the following:
• Impact 4.7.1- Implementation of the proposed project (General Plan Update, Three Corridors Specific Plan, and Zoning Code Update) would result in direct and indirect loss of habitat and individuals of endangered, threatened, rare, proposed, and candidate plant and wildlife species, plant species identified by the California Native Plant Society with a rating of List 1A or 1B (i.e., rare, threatened, or endangered plants) as well as animal and plant species of concern and other non-listed special status □
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species. This would be a less than significant impact with identified policies including Action OS.1.1.5 and Policy OS.3.9.
• Impact 4.7.2- Implementation of the proposed project (General Plan Update, Three Corridors Specific Plan, and Zoning Code Update) would result in disturbance, degradation, and removal of riparian habitat, coastal oak woodland, and wetland habitats. This would be a potentially significant impact and reduced to less than significant with mitigation measures 4.7.2a and 4.7.2b. • Impact 4.7.3 – Implementation of the proposed project (General Plan Update, Three Corridors Specific Plan, and Zoning Code Update) would result in substantial adverse impacts to and the potential loss of jurisdictional waters of the U.S. This would be a less than significant impact with incorporation of General Plan policies and action items including Policies OS.1.4, OS.1.5, OS.3.9, and Actions OS.1.4.5, OS.1.5.1.
• Impact 4.7.4- Implementation of the proposed project (General Plan Update, Three Corridors Specific Plan, and Zoning Code Update) could interfere substantially with the movement of native resident or migratory fish or wildlife species. This would be a less than significant impact with incorporation of General Plan policies and actions items.
• Impact 4.7.5- Implementation of the proposed project (General Plan Update, Three Corridors Specific Plan, and Zoning Code Update) would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or any adopted biological resources recovery or conservation plan of any federal or state agency. Therefore, there is no impact. • Impact 4.7.6- Implementation of the proposed General Plan and associated project components (Three Corridors Specific Plan, and Zoning Code Update), together with past, present, and probable future projects in the Planning Area and larger regional context, would result in a cumulatively significant loss of biological resources in the region that could be reduced less than cumulatively considerable with mitigation measures 4.7.2a and 4.7.2b. The project’s incremental contribution to this significant cumulative impact is less than cumulatively considerable but will be subject to mitigation measures adopted by the FEIR as appropriate.

As shown on Figure 4.7-2 of the 2010 FEIR, the project site and vicinity have the potential to support specialstatus animal species including the pallid bat, San Pablo song sparrow, and the yellow-headed black bird.

Based on the species descriptions presented on page 4.7.22 of the 2010 FEIR, neither the San Pablo song sparrow nor the yellow-headed black bird is expected to nest onsite since the site lacks salt marshes, tidal slews, and freshwater emergent wetlands.

Biological Resources Assessment
A site-specific Biological Resources Analysis (BRA), dated October 12, 2022, was prepared by Monk & Associates, Environmental Consultants for the subject property on a previously approved design (Appendix B3).

The BRA includes a characterization of the existing site conditions, a description of site analysis methodology and site visit results, review for consistency with applicable policies of the Pinole General Plan relating to biological resources, and environmental conditions of approval. The BRA found that the site has been previously graded and is currently covered in ruderal non-native and invasive vegetation. The site did not appear to be occupied or viable habitat for special status species or plant communities. Some birds were in the vicinity of the project site and in the nearby riparian woodland and protected grove to the southeast of the site. No trees would require removal for construction of the project. As such, a site-specific arborist report pursuant to the Pinole Municipal Code (PMC) Chapter 17.98 was not deemed necessary. 3 It should be noted that the Biological Resources Analysis (BRA) prepared a site specific analysis for a previously proposed and approved design with two buildings, whereas, the project as current proposed is limited to one building. The information presented in the BRA remains applicable to the project site and the project’s potential impacts to biological resources and is appropriately relied upon for the analysis of the proposed project.