Pinole City Council
November 19, 2024

EXHIBIT A
Scope of Work
December 2024 Page 10 of 24 EECBG-24-XXX
Exhibit A City of Pinole
The Subrecipient shall:
o Identify all activities requiring subaward agreements to complete work under this agreement, as well as the specific sub-subrecipients for each, pursuant to the approved project as described in this SOW.
o Prior to execution, submit a copy of each subaward agreement to the CAM for review, if requested.
o Execute agreements with sub-subrecipients.
o Submit copies of all final executed subaward agreements, if requested by the CAM. o Manage and coordinate sub-subrecipient and vendor activities. o Enforce sub-subrecipient and vendor agreement provisions. o In the event of sub-subrecipient or vendor failure to perform, recommend solutions to resolve the problem.
o If additional sub-subrecipients or vendors are identified as necessary to complete the project work under this agreement, notify the CAM within ten (10) calendar days of identifying this need and provide information on related project activities. The CAM may request copies of any applicable documents.

Subrecipient Products:
o List of all sub-subrecipient, vendors, and activities requiring subaward agreements to complete work under this agreement
o Copies of draft subaward agreements for review, if requested by the CAM o Copies of final executed subaward agreements, if requested by the CAM o Copies of applicable documents for any additional sub-subrecipients identified as necessary to complete the project work under this agreement. • Subtask 1.6: Final Meeting
The goal of this subtask is to discuss closeout of this agreement and review the project. At the discretion of the CAM, this meeting may be held via conference call, MS Teams, or Zoom.

The Subrecipient shall:
o Meet with CEC staff prior to the term end date of this agreement. The CAM will designate the specific location. The Subrecipient Project Manager and the CAM will attend this meeting. The CAM will determine any additional appropriate meeting participants. The administrative and technical aspects of agreement closeout will be discussed at the meeting.
o Present findings, conclusions, and recommended next steps (if any) for the agreement based on the information included in the Final Report detailed in Task 3.

EXHIBIT A
Scope of Work
December 2024 Page 11 of 24 EECBG-24-XXX
Exhibit A City of Pinole
o Prepare a written document of meeting agreements and unresolved activities. o Prepare a schedule for completing the closeout activities for this agreement, based on determinations made within the meeting.

Subrecipient Products:
o Written documentation of meeting agreements and unresolved activities o Schedule for completing closeout activities.

B. Task 2 – Technical Project Tasks
Project Activity #1: Community Building Decarbonization Planning A key element of community building decarbonization will be the formulation of materials, case studies, and resources for easy reference to streamline implementation. The development of a virtual all-electric building resource center will act as a one-stop shop for the community to explore available electrification assessments, turn-key installations by state-vetted contractor, low up-front costs and on-bill financing, and equipment/labor warranties.

A suite of case studies and cost-effective strategies for electric buildings by prototype would also support this goal in addition to producing content for educational materials to highlight the benefits of going all-electric. Concurrently, the City will work to make electrification the most cost-effective alternative. This will entail researching regional policies and programs that can be explored to advocate support for carbon-free electricity as the most cost-effective energy option.

The City will explore methods such as meeting and strategizing with MCE and Pacific Gas and Electric Company (PG&E) on how to complete a cost-effectiveness study to provide clean electricity at lower rate than gas and design utility rates to support electrification in way that appeases the utility provider and customer. The study can look into both the volatility of natural gas rates and savings that affect the utility provider and customer, long-term savings if customers went electric, leveraging savings through off-peak hours, and other potential methods to present clean electricity as the more favorable, affordable energy choice. The City will spend minimal staff hours for this task to learn what opportunities and strategies are available to present electricity in a favorable light over natural gas. The City will bolster these studies, researching different regional policies and programs available to support the transition to electrification, as well as how the City can use its platform to encourage and implement these policies and programs when feasible.

The City will also need to work with its electricity provider(s) to conduct an electrification infrastructure and capacity feasibility study to identify expected increases in electricity demand, as well as simultaneously identify infrastructure improvements and demand reduction through energy efficiency as well as local renewable and storage projects such as microgrids, bidirectional charging infrastructure, and virtual power plants to meet demand and unburden the grid via efficiency and load flexibility measures.

EXHIBIT A
Scope of Work
December 2024 Page 12 of 24 EECBG-24-XXX
Exhibit A City of Pinole
A cost-feasibility analysis for residential and commercial buildings will also be conducted to understand the upfront and on-bill costs, as well as working with the community and other jurisdictions to identify barriers with replacement and permit compliance. The development of a Building Performance Standard Program to yield a required energy use per square foot standard for commercial buildings over 20,000 square feet will also be studied. Targeted outreach and tailored campaigns will be crucial for the success of these building decarbonization goals.
• Subtask 2.A.1: Develop a Virtual All-Electric Building Resource Center The goal of this subtask is a one-stop-shop for the community to explore local resources and contractors for a streamlined approach to achieve ordinance compliance. The virtual all-electric building resource center will be a conduit for the Pinole community to accelerate the building energy goals in the CAAP. It will be a streamlined and simple resource that will house all information on how to get started will electrification projects, connect with local and vetted contractors, provide available rebates and financing, and permitting support such as concierge services and more.

Development of this virtual all-electric building resource center will include the ability for the CEC to provide comments and feedback on the draft version before its final launch.

The Subrecipient shall:
o Develop a virtual all-electric building resource center available in different languages.

Subrecipient Products:
o Draft virtual all-electric building resource center
o Final virtual all-electric building resource center
• Subtask 2.A.2: Compile Case Studies and Cost-Effective Strategies for Electric Buildings by Prototype
The goal of this subtask is to compile case studies and cost-effective strategies for electric buildings by prototype to present easily digestible information that succinctly conveys electrification as the most beneficial option.

The Subrecipient shall:
o Compile case studies and cost-effective strategies for electric buildings by prototype.

Subrecipient Products:
o Written compilation of case studies/cost-effective strategies for electric buildings by prototype
• Subtask 2.A.3: Conduct Outreach and Engagement to Building Developers, Owners, and Contractors
The goal of this subtask is to conduct outreach and engagement with community members, such as building developers, owners, and contractors, to greatly consider the cost and

EXHIBIT A
Scope of Work
December 2024 Page 13 of 24 EECBG-24-XXX
Exhibit A City of Pinole
environmental benefits of building decarbonization.

The Subrecipient shall:
o Provide outreach and engagement to building owners, developers, and contractors.

Subrecipient Products:
o Documentation of outreach and engagement activities, which will include agendas, location information, attendee names, and pictures from info sessions, as well as outreach materials and detailed information about other methods of outreach (mailings, emails, community partner support, etc.)
• Subtask 2.A.4: Explore Regional Policy and Programs that Allow for Utility Rates that are Supportive of Electricity
The goal of this subtask is to explore where the City can leverage existing regional policies and programs supporting utility rates, which make electricity the more affordable option, and compile a list of these policies, programs, methods, and strategies.

The Subrecipient shall:
o Research regional policies and programs that can be explored to advocate support for carbon-free electricity as the most cost-effective energy option.

Subrecipient Products:
o Written documentation of staff research on regional policies and programs that can be explored to advocate, either by support on the City’s platform or integration into City operations, to advocate support for utility rates in favor of clean electricity • Subtask 2.A.5: Strategize Methods for Completing a Cost-Effectiveness Study and Designing Utility Rates that are Supportive of Electrification The goal of this subtask is to strategize methods for conducting a cost-effectiveness study and designing utility rates to further increase adoption of electrification by positioning electricity as the most attractive option for energy consumption.

The Subrecipient shall:
o Work with MCE and PG&E to strategize methods that can be explored to design utility rates and conduct a cost-effectiveness study to provide clean electricity at rates lower than natural gas rates.

Subrecipient Products:
o Meeting minutes with MCE and PG&E and written updates on the methods, feasibility, and progress for conducting a cost-effectiveness study and utility rate design supporting electrification
• Subtask 2.A.6: Electrification Infrastructure and Capacity Feasibility Study The goal of this subtask to learn the electrification infrastructure and capacity with

EXHIBIT A
Scope of Work
December 2024 Page 14 of 24 EECBG-24-XXX
Exhibit A City of Pinole
increased demand and scope areas for local energy generation and storage to meet demand.

The Subrecipient shall:
o Conduct the Electrification Infrastructure and Capacity Feasibility Study.

Subrecipient Products:
o Written report including findings of the Electrification and Capacity Feasibility Study • Subtask 2.A.7: Cost-Feasibility Analysis for Building Electrification The goal of this subtask is to determine the up front and on-bill costs for electrification strategies and learning barriers (including equity barriers) by conducting a Cost-Feasibility Analysis for Building Electrification.

The Subrecipient shall:
o Conduct the Cost-Feasibility Analysis for Building Electrification.

Subrecipient Products:
o Written report including findings of the Cost-Feasibility Analysis for Building Electrification, including information on electrification strategies and learning/equity barriers
• Subtask 2.A.8: Targeted Outreach and Tailored Campaigns The goal of this subtask is to further identify barriers to electrification and provide education on resources via targeted outreach and tailored campaigns.

The Subrecipient shall:
o Develop and conduct targeted outreach and tailored campaigns to identify barriers to electrification and provide education on resources.

Subrecipient Products:
o Written documentation detailing targeted outreach and tailored campaigns developed and conducted
• Subtask 2.A.9: Building Performance Standard Program
The goal of this subtask is to develop a Building Performance Standard Program that yields a threshold for energy use per square foot in commercial and industrial buildings over 20,000 square feet. It will include implementation and compliance support.

A Draft Building Performance Standard Program will be provided to the CEC for comment and feedback before establishing the final program. It will include a pre-development phase (program and policy cost-effective analyses), data collection phase (historical electricity and natural gas consumption data), retro commissioning phase, and a GHG performance standard.

EXHIBIT A
Scope of Work
December 2024 Page 15 of 24 EECBG-24-XXX
Exhibit A City of Pinole
The Subrecipient shall:
o Develop a Building Performance Standard Program.

Subrecipient Products:
o Draft Building Performance Standard Program, which will include policy goals, stakeholder engagement, performance metrics, covered buildings, performance targets, timeline, and compliance pathways
o Final Building Performance Standard Program
Project Activity #2: Municipal Building Decarbonization Planning It is crucial that the City lead by example. For this reason, the City needs to develop a comprehensive Municipal Building Decarbonization Plan. The CAAP directs the City to develop a plan to electrify and decarbonize all municipal building and facilities by 2035. The plan will include an inventory of existing fossil fuel-powered buildings and facilities, available alternatives and costs, a prioritization schedule which benefits vulnerable communities first. • Subtask 3.B.1: Select a Consultant to Support Plan Development The goal of this subtask is to release an RFP to hire a specialized consultant project manager that is skilled with municipal building decarbonization planning.

The Subrecipient shall:
o Release an RFP and select a specialized consultant to support development of a Municipal Building Decarbonization Plan.

Subrecipient Products:
o RFP and proposal documents from the selected consultant • Subtask 3.B.2: Inventory of Existing Fossil-Fuel Powered Equipment The goal of this subtask is to produce an inventory of existing fossil-fuel powered equipment to understand the breadth of necessary changes to achieve the plan’s goals.

The Subrecipient shall:
o Produce an inventory of existing fossil-fuel powered equipment in municipal buildings.

Subrecipient Products:
o Written inventory of existing fossil-fuel powered equipment in municipal buildings • Subtask 3.B.3: Research Alternatives and Lifecycle Costs The goal of this subtask is to research clean energy equipment and understand lifecycle costs, such as energy generation; storage; electric vehicle (EV) charging capacity; heating, ventilation, and air conditioning (HVAC); lighting equipment; water heaters; occupancy sensors; boilers; pool pumps; etc.

EXHIBIT A
Scope of Work
December 2024 Page 16 of 24 EECBG-24-XXX
Exhibit A City of Pinole
The Subrecipient shall:
o Research clean energy alternatives to equipment and lifecycle costs.

Subrecipient Products:
o Detailed list of cost-effective alternatives and their lifecycle costs resulting from the research efforts
• Subtask 3.B.4: Prioritized Schedule of Upgrades by Need for Vulnerable Communities
The goal of this subtask is to determine the rollout of clean energy equipment by creating a prioritized schedule of upgrades by need for vulnerable communities.

The three (3) municipal buildings prioritized for energy upgrades first will be the Senior Center, Tiny Tots facilities, and Youth Center, as these buildings primarily serve youth and senior populations who are more susceptible to poor air quality attributed to natural gas equipment.

The Subrecipient shall:
o Develop a prioritized schedule of upgrades by impact for the buildings that serve vulnerable communities. The schedule will include municipal building name, respective clean energy equipment, and planned procurement and installation dates.

Subrecipient Products:
o Written prioritized schedule of upgrades
• Subtask 3.B.5: Draft Municipal Decarbonization Plan
The goal of this subtask is to prepare findings into a Draft Municipal Decarbonization Plan, which will encompass the current inventory, clean alternatives and lifecycle cost comparison, and schedule of upgrades.

The Subrecipient shall:
o Develop findings into a Draft Municipal Decarbonization Plan.

Subrecipient Products:
o Draft Municipal Building Decarbonization Plan
• Subtask 3.B.6: Seek Input on the Draft Municipal Building Decarbonization Plan The goal of this subtask is to create a plan that is implementation and actionable by seeking input from staff and the public.

The Subrecipient shall:
o Gather and incorporate feedback from staff and public via virtual comment boards on the Draft Municipal Building Decarbonization Plan.

EXHIBIT A
Scope of Work
December 2024 Page 17 of 24 EECBG-24-XXX
Exhibit A City of Pinole
Subrecipient Products:
o Written documentation of staff and public input on the Draft Municipal Building Decarbonization Plan
• Subtask 3.B.7: Final Municipal Building Decarbonization Plan The goal of this subtask is to create the final version of the Municipal Building Decarbonization Plan for final adoption.

The Subrecipient shall:
o Finalize the Municipal Building Decarbonization Plan for final Council approval and adoption
Subrecipient Products:
o Final Municipal Building Decarbonization Plan
• Subtask 3.B.8: Select Consultant for Designing a PV Microgrid System for the City’s WWTP
The goal of this subtask is release an RFP to select a consultant to design a PV Microgrid System for the City’s WWTP.

The Subrecipient shall:
o Release an RFP and select a consultant to design a PV Microgrid System for the WWTP.

Subrecipient Products:
o RFP and proposal documents from the selected consultant • Subtask 3.B.9: Final Design of PV Microgrid System
The goal of this subtask is to review the draft design and finalize the design of the PV Microgrid System from the consultant.

The Subrecipient shall:
o Review the draft design and approve the final design of the PV Microgrid System.

Subrecipient Products:
o Draft design of the PV Microgrid System
o Final design of the PV Microgrid System
Project Activity #3: Advancing Municipal Operations to Support Building Decarbonization
To reach compliance with new reach code adoption in the CAAP, it is imperative that City modify operations in order to streamline and expedite decarbonization goals. The CAAP directs the City to enforce ordinance compliance through a comprehensive permitting compliance program which includes features such as dedicated time for routine staff training,

EXHIBIT A
Scope of Work
December 2024 Page 18 of 24 EECBG-24-XXX
Exhibit A City of Pinole
developing easy-to-understand web-based compliance checklists and permit applications, online permitting systems, and zero-cost permit fees for heat pumps. Additionally, the City would like to incorporate a Water Heater Loaner Program at City Hall where the community can check out temporary water heaters if an electrical panel upgrade is required. • Subtask 4.C.1: Technical Assistance to Develop a Comprehensive Permitting Compliance Program
The goal of this subtask is to research and select an organization that is skilled in developing comprehensive permitting compliance programs.

The Subrecipient shall:
o Research technical assistance and select an organization to develop a Permitting Compliance Program.

Subrecipient Products:
o Written documentation of technical assistance research completed o Contract documents with the selected skilled organization • Subtask 4.C.2: Develop Features of the Permitting Compliance Program The goal of this subtask is to brainstorm the most impactful and necessary programmatic features of a Permitting Compliance Program such as protected time to focus on compliance, easy-to-understand compliance checklist, and zero-cost permit fees.

The Subrecipient shall:
o Develop potential programmatic features of the Permitting Compliance Program.

Subrecipient Products:
o Written documentation including potential programmatic features of the Permitting Compliance Program
• Subtask 4.C.3: Seek Input from Staff on the Permitting Compliance Program The goal of this subtask is to vet the brainstormed potential programmatic features with staff to reduce them to the most impactful and necessary features for a streamlined Permitting Compliance Program.

The Subrecipient shall:
o Seek input from staff on the potential programmatic features of the Permitting Compliance Program.

Subrecipient Products:
o Written documentation of staff input on the programmatic features of the Permitting Compliance Program

EXHIBIT A
Scope of Work
December 2024 Page 19 of 24 EECBG-24-XXX
Exhibit A City of Pinole
• Subtask 4.C.4: Pilot and Troubleshooting of Permitting Compliance Program The goal of this subtask is to soft launch a pilot the Permitting Compliance Program and understand where there are bugs and troubleshoot accordingly for a refined and smooth program.

The Subrecipient shall:
o Pilot the Permitting Compliance Program and keep a record of bugs and troubleshooting solutions.

Subrecipient Products:
o Written record of bugs and troubleshooting solutions on the piloted Permitting Compliance Program
• Subtask 4.C.5: Final Permitting Compliance Program
The goal of this subtask is to incorporate findings from the soft launch pilot and fine-tune for a final well-coordinated Permitting Compliance Program.

The Subrecipient shall:
o Finalize the Permitting Compliance Program.

Subrecipient Products:
o Final Permitting Compliance Program, which will be detailed and delivered in a document that will run through the final strategies of the program including, but not limited to, the following:
▪ Providing dedicated time for routine staff training to incorporate into existing building inspections.
▪ Imposing fees for noncompliance to offset staff costs and encourage voluntary compliance.
▪ Establishing easy-to-understand web-based compliance checklists and permit applications.
▪ Facilitating online permitting.
▪ Providing zero-cost permit fees for heat pump installations. • Subtask 4.C.6: Develop Logistics for the Water Heater Loaner Program The goal of this subtask is to develop and brainstorm ideas for a Water Heater Loaner Program.

The Subrecipient shall:
o Develop and brainstorm ideas for the Water Heater Loaner Program.

EXHIBIT A
Scope of Work
December 2024 Page 20 of 24 EECBG-24-XXX
Exhibit A City of Pinole
Subrecipient Products:
o Written documentation of developed and brainstormed ideas for the Water Heater Loaner Program
• Subtask 4.C.7: Seek Input from Staff on the Water Heater Loaner Program The goal of this subtask is to vet the brainstormed ideas with staff to reduce them to the most impactful and necessary features for the final Water Heater Loaner Program.

The Subrecipient shall:
o Seek input from staff on the Water Heater Loaner Program.

Subrecipient Products:
o Written documentation of staff input on the Water Heater Loaner Program • Subtask 4.C.8: Finalize the Water Heater Loaner Program The goal of this subtask is to produce a streamlined final Water Heater Loaner Program.

The Subrecipient shall:
o Finalize the details of the Water Heater Loaner program.

Subrecipient Products:
o Final Water Heater Loaner Program, which will be detailed and delivered in a document that includes program conditions and rules, checkout periods, process to get started, etc.
• Subtask 4.C.9: Seek Approval of the Water Heater Loaner Program The goal of this subtask is to seek Council approval of the Water Heater Loaner Program.

The Subrecipient shall:
o Seek approval of the of the finalized Water Heater Loaner Program.

Subrecipient Products:
o Written documentation confirming Council adoption of the Water Heater Loaner Program
• Subtask 4.C.10: Develop a Revolving Fund Program to Accelerate Community Building Decarbonization Measures Implementation
The goal of this subtask is to set up the programmatic features and conditions of a Revolving Fund Program offered by the City to members of the community without disposable income to receive a zero (0) or low interest loan to begin building decarbonization measures that might have high initial costs.

The Subrecipient shall:
o Develop features and conditions of the Revolving Fund Program.

EXHIBIT A
Scope of Work
December 2024 Page 21 of 24 EECBG-24-XXX
Exhibit A City of Pinole
Subrecipient Products:
o Written details on the features and conditions of the Revolving Fund Program. • Subtask 4.C.11: Replenish Sub-Subrecipient (Contra Costa County) with Additional Funds for Rebates and Program Administration Costs for the City’s Already Established Pinole Energy Enhancement Rebate (PEER) Pilot Program Initiative The goal of this subtask is to replenish the City’s PEER Pilot Program Initiative, which provides rebates to incentivize the community into implementing building decarbonization and energy-efficiency measures.

The Subrecipient shall:
o Provide funds to the sub-subrecipient Contra Costa County for use as rebates in the PEER Pilot Program Initiative.

Subrecipient Products:
o Written program report from sub-subrecipient Costa County on issued rebates Project Activity #4: Adoption of Codes and Ordinances
The City’s CAAP directs the development and adoption of different codes and ordinances in order to achieve building decarbonization goals. Grant funding will be used to support Council adoption of two (2) reach codes and two (2) ordinances:
• Subtask 5.D.1: Seek Council Adoption for Codes and Ordinances The goal of this subtask is only to seek Council adoption of the following developed codes and ordinances:
o A reach code requiring all central air conditioning (AC) unit’s installations and replacements be two-way for existing residential.
o A reach code requiring all central AC unit’s installations and replacements be twoway for existing commercial. o A single margin energy score or more stringent ordinance to avoid new natural gas building construction.
o An end-of-flow ordinance that would require natural gas lines be capped and decommissioned in existing buildings by 2045.

The Subrecipient shall:
o Seek Council adoption
Subrecipient Products:
o Written documentation confirming Council adoption of codes and ordinances

EXHIBIT A
Scope of Work
December 2024 Page 22 of 24 EECBG-24-XXX
Exhibit A City of Pinole
Project Activity #5: Workforce Development
A green workforce to streamline and carry out installations is central to increasing ordinance compliance. Funding will be used to help shape and develop this workforce as well as develop curriculum for workforce training programs. Training programs will provide installers, local contractors, and building owners/operations key information for a robust workforce program.

With targeted outreach to members of vulnerable communities, this process will greatly consider equity by bringing their awareness of the workforce development. • Subtask 6.E.1: Work with CAAP Partners to Develop Recruitment Strategies for a Green Workforce
The goal of this subtask is to work with CAAP partners to develop a strategy plan for how to recruit the green workforce composed of members who will most benefit from the opportunity.

The Subrecipient shall:
o Work with CAAP partners to develop recruitment strategies for a green workforce composed of members who will most benefit from the opportunity.

Subrecipient Products:
o Written documentation of developed recruitment strategies for a green workforce • Subtask 6.E.2: Work with CAAP Partners to Develop Green Workforce Trainings Curriculum
The goal of this subtask is to work with CAAP partners to develop curriculum for the green workforce trainings.

The Subrecipient shall:
o Work with CAAP partners to develop green workforce training curriculum.

Subrecipient Products:
o Green workforce training curriculum online modules
• Subtask 6.E.3: Seek Input on Recruitment Strategies and Green Workforce Trainings The goal of this subtask is to seek input on recruitment strategies and green workforce trainings from stakeholders, such as installers, local contractors, building owners, developers, Contra Costa College, Workforce Development Board of Contra Costa County, etc.

The Subrecipient shall:
o Seek input on the green workforce trainings from stakeholders.

Subrecipient Products:
o Written documentation detailing the process of seeking input from stakeholders on the green workforce trainings

EXHIBIT A
Scope of Work
December 2024 Page 23 of 24 EECBG-24-XXX
Exhibit A City of Pinole
• Subtask 6.E.4: Develop a System to Refer Workers and Track Building Decarbonization Projects Completed by the Workforce
The goal of this subtask is to develop a system to refer workers and tracking the number of Building Decarbonization Projects completed by the trained green workforce.

The Subrecipient shall:
o Develop a system to refer workers and track the number of Building Decarbonization Projects completed by the trained green workforce.

Subrecipient Products:
o Written details and strategies about the system for referring workers and tracking the number of Building Decarbonization Projects completed by the trained green workforce
C. Task 3 – Final Reporting
• Subtask 3.1: Final Report
The goal of this subtask is to prepare a comprehensive written Final Report that describes the original purpose, activities, outcomes, and lessons learned during the project under this agreement. The Subrecipient shall document successful completion of all project activities, tasks, and products.

Upon the request of the CAM or designated project contact, the Subrecipient shall provide photos, graphs, documents, and data summaries to fully describe the project and all outcomes, as well as to support distribution of project information to other parties.

The Final Report shall be prepared in language easily understood by the public or layperson with a limited technical background. In addition, the Final Report shall be a public document and must be completed prior to the termination date of the agreement or within sixty (60) days of the depletion of funds.

The CAM or designated project contact will provide the Subrecipient with the Final Report template.

The CEC shall:
o Provide a final report template to the Subrecipient upon request.

CEC Products:
o Final report template
• Subtask 3.1.1 – Final Report Outline
The CEC shall:
o Review and provide comments on the draft outline of the Final Report

EXHIBIT A
Scope of Work
December 2024 Page 24 of 24 EECBG-24-XXX
Exhibit A City of Pinole
The Subrecipient shall:
o In accordance with the CEC Style Manual, prepare and submit a draft outline of the Final Report to the CAM or designated project contact for review and approval. o Review comments received on the draft outline and if there are any issues with the recommended changes, discuss them with the CAM or designated project contact. o Prepare and submit a final outline of the Final Report, incorporating CAM or designated project contact comments.

CEC Products:
o Comments on the draft outline of the Final Report (if applicable) Subrecipient Products:
o Draft outline of the Final Report
o Final outline of the Final Report
• Subtask 3.1.2 – Final Report
The CEC shall:
o Review and provide comments on the draft version of the Final Report The Subrecipient shall:
o Prepare a draft version of the Final Report in accordance with the approved outline and submit it to the CAM or designated project contact for review and approval at least two (2) months prior to the agreement end date.
o Review comments received on the draft Final Report and if there are any issues with the recommended changes, discuss them with the CAM or designated project contact. o Prepare and submit the last version of the Final Report, incorporating CAM or designated project contact comments.

CEC Products:
o Comments on the draft version of the Final Report (if applicable) Subrecipient Products:
o Draft Final Report
o Final Report

EXHIBIT B
Schedule of Products and Due Dates
December 2024 Page 1 of 7 EECBG-24-XXX
Exhibit A-1 City of Pinole
Activities Tasks/Subtasks Timetable
in Months Subrecipient Product(s)
Subtask 1.1:

Kick-Off Meeting
Start: 01/2025
Complete: 01/2025
• Updated Schedule of Products and
Due Dates (if applicable)
Subtask 1.2:

Invoices and
Reconciliation
Reports
Start: 01/2025
Complete: 04/2027
• First advance payment invoice (if
applicable)
• Second advance payment invoice (if
applicable)
• Quarterly reconciliation reports
• Quarterly standard invoices
• Proof of payment for incurred costs (if
applicable)
• Final retention invoice
Subtask 1.3:

Quarterly Progress
Reports
Start: 01/2025
Complete: 04/2027 • Quarterly progress reports
Subtask 1.4:

Critical Project
Review (CPR)
Meetings
TBD: Scheduled by
CAM (if necessary) • CPR Report(s)
Subtask 1.5:

Execute and
Manage Subaward
Agreements
Start: 01/2025
Complete: 04/2027
• List of all sub-subrecipient, vendors,
and activities requiring subaward
agreements to complete work under
this agreement
• Copies of draft subaward agreements
for review (if requested by CAM)
• Copies of final executed subaward
agreements (if requested by CAM)
• Copies of applicable documents for
any additional sub-subrecipients
identified as necessary to complete
the project work under this
agreement
Task 1 – General
Project Tasks
Subtask 1.6:

Final Meeting
TBD: Scheduled by
CAM (prior to the term
end date of this
agreement)
• Written documentation of meeting
agreements and unresolved activities
• Schedule for completing closeout
activities

EXHIBIT B
Schedule of Products and Due Dates
December 2024 Page 2 of 7 EECBG-24-XXX
Exhibit A-1 City of Pinole
Activities Tasks/Subtasks Timetable
in Months Subrecipient Product(s)
Subtask 2.A.1:

Develop a Virtual
All-Electric Building
Resource Center
Start: 01/2025
Complete: 05/2025
• Draft virtual all-electric building
resource center
• Final virtual all-electric building center
Subtask 2.A.2:

Compile Case
Studies and CostEffective Strategies
for Electric Buildings
by Prototype
Start: 01/2025
Complete: 04/2025
• Written compilation of case
studies/cost-effective strategies for
electric buildings by prototype
Subtask 2.A.3:

Conduct Outreach
and Engagement to
Building Developers,
Owners, and
Contractors
Start: 04/2025
Complete: 07/2025
• Documentation of outreach and
engagement activities, which will
include agendas, location
information, attendee names, and
pictures from info sessions, as well
as outreach materials and detailed
information about other methods of
outreach (mailings, emails,
community partner support, etc.)
Subtask 2.A.4:

Explore Regional
Policy and Programs
that Allow for Utility
Rates that are
Supportive of
Electricity
Start: 04/2025
Complete: 08/2025
• Written documentation of staff
research on regional policies and
programs that can be explored to
advocate, either by support on the
City’s platform or integration into City
operations, to advocated support for
utility rates in favor of clean electricity
Subtask 2.A.5:

Strategize Methods
for Completing a
Cost-Effectiveness
Study and Design
Utility Rates that are
Supportive of
Electrification
Start: 08/2025
Complete: 11/2025
• Meeting minutes with Marin Clean
Energy (MCE) and Pacific Gas and
Electric Company (PG&E) and
written updates on the methods,
feasibility, and progress for
conducting a cost-effectiveness study
and utility rate design supporting
electrification
Task 2 – Technical
Tasks, Activity #1:

Community
Building
Decarbonization
Planning
Subtask 2.A.6:

Electrification
Infrastructure and
Capacity Feasibility
Study
Start: 08/2025
Complete: 11/2025
• Written report including findings of
the Electrification and Capacity
Feasibility Study

EXHIBIT B
Schedule of Products and Due Dates
December 2024 Page 3 of 7 EECBG-24-XXX
Exhibit A-1 City of Pinole
Activities Tasks/Subtasks Timetable
in Months Subrecipient Product(s)
Subtask 2.A.7:

Cost-Feasibility
Analysis for Building
Electrification
Start: 11/2025
Complete: 02/2026
• Written report including findings of
the Cost-Feasibility Analysis for
Building Electrification, including
information on electrification
strategies and learning/equity
barriers
Subtask 2.A.8:

Targeted Outreach
and Tailored
Campaigns
Start: 02/2026
Complete: 08/2026
• Written documentation detailing
targeted outreach and tailored
campaigns developed and conducted
Task 2 – Technical
Tasks, Activity #1:

Community
Building
Decarbonization
Planning
Subtask 2.A.9:

Building
Performance
Standard Program
Start: 11/2025
Complete: 02/2026
• Draft Building Performance Standard
Program, which will include policy
goals, stakeholder engagement,
performance metrics, covered
buildings, performance targets,
timeline, and compliance pathways
• Final Building Performance Standard
Program
Subtask 3.B.1:

Select a Consultant
to Support Plan
Development
Start: 08/2025
Complete: 09/2025
• RFP and proposal documents from
the selected consultant
Subtask 3.B.2:

Inventory of Existing
Fossil-Fuel Powered
Equipment
Start: 09/2025
Complete: 10/2025
• Written inventory of existing fossilfuel powered equipment in municipal buildings
Subtask 3.B.3:

Research
Alternatives and
Lifecycle Costs
Start: 10/2025
Complete: 12/2025
• Detailed list of cost-effective
alternatives and their lifecycle costs
resulting from the research efforts
Subtask 3.B.4:

Prioritized Schedule
of Upgrades by
Need for Vulnerable
Communities
Start: 12/2025
Complete: 01/2026
• Written prioritized schedule of
upgrades
Task 2 – Technical
Tasks, Activity #2:

Municipal Building
Decarbonization
Planning
Subtask 3.B.5:

Draft Municipal
Decarbonization
Plan
Start: 01/2025
Complete: 02/2026 • Draft Municipal Decarbonization Plan

EXHIBIT B
Schedule of Products and Due Dates
December 2024 Page 4 of 7 EECBG-24-XXX
Exhibit A-1 City of Pinole
Activities Tasks/Subtasks Timetable
in Months Subrecipient Product(s)
Subtask 3.B.6:

Seek Input on the
Draft Municipal
Building
Decarbonization
Plan
Start: 02/2026
Complete: 03/2026
• Written documentation of staff and
public input on the Draft Municipal
Building Decarbonization Plan
Subtask 3.B.7:

Final Municipal
Building
Decarbonization
Plan
Start: 03/2026
Complete: 03/2026
• Final Municipal Building
Decarbonization Plan
Subtask 3.B.8:

Select Consultant for
Designing a
Photovoltaic (PV)
Microgrid System for
the City’s
Wastewater
Treatment Plant
(WWTP)
Start: 04/2026
Complete: 06/2026
• RFP and proposal documents from
the selected consultant
Task 2 – Technical
Tasks, Activity #2:

Municipal Building
Decarbonization
Planning
Subtask 3.B.9:

Final Design of PV
Microgrid System
Start: 07/2026
Complete: 10/2026
• Draft design of the PV Microgrid
System
• Final design of the PV Microgrid
System
Subtask 4.C.1:

Technical
Assistance to
Develop a
Comprehensive
Permitting
Compliance
Program
Start: 08/2025
Complete: 10/2025
• Written documentation of technical
assistance research completed
• Contract documents with the selected
skilled organization Task 2 – Technical
Tasks, Activity #3:

Advancing
Municipal
Operations Subtask 4.C.2:

Develop Features of
the Permitting
Compliance
Program
Start: 10/2025
Complete: 12/2025
• Written documentation including
potential programmatic features of
the Permitting Compliance Program

EXHIBIT B
Schedule of Products and Due Dates
December 2024 Page 5 of 7 EECBG-24-XXX
Exhibit A-1 City of Pinole
Activities Tasks/Subtasks Timetable
in Months Subrecipient Product(s)
Subtask 4.C.3:

Seek Input from
Staff on the
Permitting
Compliance
Program
Start: 12/2025
Complete: 01/2026
• Written documentation of staff input
on the programmatic features of the
Permitting Compliance Program
Subtask 4.C.4:

Pilot and
Troubleshooting of
Permitting
Compliance
Program
Start: 01/2026
Complete: 05/2026
• Written record of bugs and
troubleshooting solutions on the
piloted Permitting Compliance
Program
Subtask 4.C.5:

Final Permitting
Compliance
Program
Start: 05/2026
Complete: 07/2026
• Final Permitting Compliance Program
document
Subtask 4.C.6:

Develop Logistics of
the Water Heater
Loaner Program
Start: 12/2025
Complete: 02/2026
• Written documentation of developed
and brainstormed ideas for the Water
Heater Loaner Program
Subtask 4.C.7:

Seek Input from
Staff on the Water
Heater Loaner
Program
Start: 02/2026
Complete:04/2026
• Written documentation of staff input
on the Water Heater Loaner Program
Subtask 4.C.8:

Finalize the Water
Heater Loaner
Program
Start: 04/2026
Complete:06/2026
• Final Water Heater Loaner Program,
which will be detailed and delivered
in a document that includes program
conditions and rules, checkout
periods, process to get started, etc.

Subtask 4.C.9:

Seek Approval of the
Water Heater
Loaner Program
Start: 06/2026
Complete: 07/2026
• Written documentation confirming
Council adoption of the Water Heater
Loaner Program
Task 2 – Technical
Tasks, Activity #3:

Advancing
Municipal
Operations
Subtask 4.C.10:

Develop a Revolving
Fund Program to
Accelerate
Community Building
Decarbonization
Measures
Implementation
Start: 07/2026
Complete: 10/2026
• Written details on the features and
conditions of the Revolving Fund
Program.

EXHIBIT B
Schedule of Products and Due Dates
December 2024 Page 6 of 7 EECBG-24-XXX
Exhibit A-1 City of Pinole
Activities Tasks/Subtasks Timetable
in Months Subrecipient Product(s)
Task 2 – Technical
Tasks, Activity #3:

Advancing
Municipal
Operations
Subtask 4.C.11:

Replenish SubSubrecipient (Contra
Costa County) with
Additional Funds for
Rebates and
Program
Administration Costs
for the City’s Already
Established Pinole
Energy
Enhancement
Rebate (PEER) Pilot
Program Initiative
Start: 01/2025
Complete: 12/2025
• Written program report from subsubrecipient Costa County on issued rebates
Task 2 – Technical
Tasks, Activity #4:

Adoption of Codes
and Ordinances
Subtask 5.D.1:

Seek Council
Adoption for Codes
and Ordinances
Start: 01/2025
Complete: 02/2025
• Written documentation confirming
Council adoption of codes and
ordinances
Subtask 6.E.1:

Work with CAAP
Partners to Develop
Recruitment
Strategies for a
Green Workforce
Start: 06/2026
Complete: 08/2026
• Written documentation of developed
recruitment strategies for a green
workforce
Subtask 6.E.2:

Work with CAAP
Partners to Develop
Green Workforce
Trainings Curriculum
Start: 08/2026
Complete: 12/2026
• Green workforce training curriculum
online modules
Task 2 – Technical
Tasks, Activity #5:

Workforce
Development
Subtask 6.E.3:

Seek Input on
Recruitment
Strategies and
Green Workforce
Trainings
Start: 12/2026
Complete: 02/2027
• Written documentation detailing the
process of seeking input from
stakeholders on the green workforce
trainings

EXHIBIT B
Schedule of Products and Due Dates
December 2024 Page 7 of 7 EECBG-24-XXX
Exhibit A-1 City of Pinole
Activities Tasks/Subtasks Timetable
in Months Subrecipient Product(s)
Task 2 – Technical
Tasks, Activity #5:

Workforce
Development
Subtask 6.E.4:

Develop a System to
Refer Workers and
Track Building
Decarbonization
Projects Completed
by the Workforce
Start: 02/2027
Complete: 04/2027
• Written details and strategies about
the system for referring workers and
tracking the number of Building
Decarbonization Projects completed
by the trained green workforce
Subtask 3.1.1:

Final Report Outline
Start: 01/2027
Complete: 02/2027
• Draft outline of the Final Report
• Final outline of the Final Report Task 3 – Final
Reporting Subtask 3.1.2:

Final Report
Start: 03/2027
Complete: 04/2027
• Draft Final Report
• Final Report

CITY COUNCIL
REPORT 9.H.

DATE: NOVEMBER 19, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: DAVID HANHAM, PLANNING MANAGER
SUBJECT: PUBLIC CONVENIENCE NECESSITY FINDING FOR SPROUTS FARMERS MARKET AT 1300 PINOLE VALLEY ROAD

RECOMMENDATION
City staff recommends that the City Council adopt a Resolution (Attachment A) approving a determination of Public Convenience or Necessity (PCN) for Sprouts Farmers Market's proposed alcohol sales (on-site sales of beer, wine, and distilled spirits) at 1300 Pinole Valley Road.

BACKGROUND
Terri Dickerhoff, on behalf of Sprouts Farmers Market, has requested City approval of a “Finding of Public Convenience or Necessity” (PCN) to apply for a Conditional Use Permit (CUP24-02) to sell beer, wine, and distilled spirits for off-site consumption at their store located at 1300 Pinole Valley Road. Currently, Sprouts Farmers Market holds a Type 20 License, permitting the sale of beer and wine for off-site consumption, which was approved by the Planning Commission in 2014 as part of the Gateway Shopping Center Project.

The California Department of Alcoholic Beverage Control (ABC) regulates alcoholic beverage licensing under State Law. A Type 21 license allows the sale of beer, wine, and distilled spirits for off-site consumption. To obtain a Type 21 license, businesses must 1) apply to ABC and 2) receive a Conditional Use Permit from the City. Pursuant to Section 23958.4 of the Business and Professions Code, if the business is located in an area with an undue concentration of licensed liquor establishments or reported crime, then it is necessary for the applicant to show that "public convenience and necessity" would be served by the issuance.

When a business applies for a new or modified license, ABC assesses whether there is an “undue concentration” of licenses in the relevant Census Tract. This determination is based on a ratio of on-sale retail licenses to the population. In Census Tract 3591.03, ABC considers more than five on-site sale Type 21 licenses to indicate over-concentration. Once ABC identifies an undue concentration, the local governing body must determine whether there is a public convenience or necessity (PCN) to justify the additional license. Local jurisdictions may grant this determination, allowing for an increase in alcohol sales despite over-concentration.

ABC data indicates six active on-site alcohol sales licenses within Census Tract 3591.03, including the existing Sprouts Farmers Market license. This tract covers areas north of Interstate 80 and east of Appian Way, including Pinole Valley Road. The following table lists current establishments with on-site alcohol sales licenses:

Retail Alcohol Sales Establishments in Census Tract 3591.03 Business Location License Type
Bill's Liquor 2350 San Pablo Ave Wine, Beer, and Spirits Appian Liquors 1677 San Pablo Ave Wine, Beer, and Spirits Pump House 700 Tennent Ave Wine, Beer, and Spirits
CVS Pharmacy 1617 Canyon Drive Wine, Beer, and Spirits
Sprouts Farmers Market 1300 Pinole Valley Road Wine and Beer Safeway 4000 San Pablo Ave, Hercules Wine and Beer
Source: State Department of Alcoholic Beverage Control, October 24, 2024 According to Chapter 17.59 of the Municipal Code, the City Council is responsible for approving PCN requests. A PCN determination is required before the Planning Commission can consider a conditional use permit for alcohol sales. If the City Council denies the PCN determination, Sprouts Farmers Market will not be eligible for a Type 21 license in Census Tract 3600.00.

If the PCN determination is approved, the Planning Commission will review the proposed modification to Sprouts Farmers Market's Conditional Use Permit to allow spirit sales, including imposing any necessary conditions. The Planning Commission's decision can be appealed to the City Council. Conditions on alcohol sales should be applied to the use permit rather than the PCN determination.

Sprouts Farmers Market representatives have indicated that offering beer, wine, and spirits would enhance customer convenience by matching the selection available at other nearby establishments.

REVIEW AND ANALYSIS
Section 17.59.030 (B) of the Pinole Municipal Code requires five specific findings to be satisfied for a PCN determination. Staff has prepared these findings based on the proposed operation statement and floor plans.

1. The proposed establishment with alcohol sales will promote the City’s economic health, consistent with the General Plan and any applicable Specific Plan policies to further zoning district purposes.

Establishing a Type 21 license will enable Sprouts Farmers Market to expand its product offerings, which aligns with the commercial zoning and General Plan land use designations for this parcel. Additionally, this use implements Policy LU7.2 from the Land Use and Economic Development section of the General Plan. The expanded selection of alcohol is anticipated to generate additional sales tax revenue for the City.

2. The economic benefits associated with the establishment could not reasonably be achieved without the proposed alcohol sales.

Sprouts Farmers Market is a full-service grocery store offering a variety of merchandise, including frozen foods, deli meats, dairy, produce, fresh meat, and seasonal products, in

addition to beer, wine, and spirits. Although alcohol sales account for a small portion of overall sales and floor area, they are crucial for maintaining the store’s status as a full-service grocery provider. This variety is necessary for Sprouts to remain competitive with other grocery businesses in the area.

3. The applicant has not operated a licensed establishment, which has been the subject of verified complaints or violations regarding alcohol, public safety or nuisance statutes or regulations.

The California Department of Alcoholic Beverage Control (ABC) has not identified any infractions on existing licenses for other Sprouts Farmers Market locations in California.

4. The Police Department has reported that the proposed establishment would not be expected to add to crime in the area.

The Police Department has indicated that the sale of beer, wine, and spirits at this location is not expected to contribute to an increase in crime. Additionally, no serious incidents related to alcohol sales have occurred at this location since Sprouts Farmers Market began selling beer and wine in 2014. The Police Department has not raised any objections to the request.

5. Alcoholic beverages sold by the applicant are incidental to the other products available for sale at the establishment.

Sprouts Farmers Market primarily sells food products, such as fresh meat, produce, and frozen items. The store building covers approximately 27,014 square feet, with a gross sales area of about 15,991 square feet. The designated area for beer, wine, and spirits is approximately 110 linear square feet, accounting for less than 1% of the total floor area. Sprouts Farmers Market does not sell cigarettes or products associated with high abuse potential, such as 40-ounce malt liquors, low-priced, screw-top fortified wines (e.g., Ripple, MD 20/20), or small containers of spirits.

FISCAL IMPACT
There are no adverse fiscal impacts to the City associated with this request.

ATTACHMENTS
A. Resolution

RESOLUTION NO. 2024-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE, COUNTY OF CONTRA

COSTA, STATE OF CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR A TYPE 21 ALCOHOL SALES LICENSE,

INCLUDING BEER, WINE, AND SPIRITS, AT THE EXISTING SPROUTS FARMERS MARKET LOCATED AT 1300 PINOLE VALLEY ROAD, PINOLE, CA 94564, APN: 401- 410-020
WHEREAS, since 2014, Sprouts Farmers Market has held a Conditional Use Permit and a license from the State Department of Alcoholic Beverage Control (ABC) allowing the sale of beer and wine for off-site consumption; and WHEREAS, the owner of Sprouts Farmers Market intends to apply for a Type 21 off-site alcohol sales license from ABC and has filed an application for a Conditional Use Permit with the City of Pinole to include the sale of spirits, in addition to beer and wine; and
WHEREAS, the State Department of Alcoholic Beverage Control (ABC) has notified the City of Pinole that an undue concentration of alcohol sales licenses exists within Census Tract 3591.03; and
WHEREAS, a determination of Public Convenience or Necessity (PCN) is required to allow additional off-site alcohol sales licenses in an over-concentrated Census Tract; and
WHEREAS, ABC has indicated that no active disciplinary actions have been taken against other Sprouts Farmers Market locations in California for alcohol sales violations; and
WHEREAS, the Pinole Police Department has confirmed that the sale of beer, wine, and spirits is not expected to increase calls for service or crime activity at this location; and
WHEREAS, the City Council has considered the request for a determination of Public Convenience or Necessity, the staff report, and the required findings pursuant to Section 17.59.030(B) of the Pinole Municipal Code.

NOW THEREFORE, BE IT RESOLVED that the Pinole City Council does hereby take the following actions:

SECTION 1. The City Council of the City of Pinole makes the following findings, as supported in the Staff Report dated November 19, 2024:

1. The proposed Type 21 alcohol sales at Sprouts Farmers Market will promote the City’s economic health and are consistent with the General

Plan and any applicable Specific Plan policies to further the purposes of the Commercial Mixed-Use Zoning District.

2. The economic benefits associated with the Type 21 alcohol sales at Sprouts Farmers Market could not reasonably be achieved without the proposed alcohol sales.

3. The applicant has not operated a licensed establishment that has been the subject of verified complaints or violations regarding alcohol, public safety, or nuisance statutes or regulations.

4. The Police Department has reported that the sale of beer, wine, and spirits at the existing establishment would not be expected to increase crime in the area and has raised no objections to the request.

5. Alcoholic beverages sold by the applicant are incidental to other products available for sale at the establishment, which primarily offers food products, including fresh meat, produce, and frozen goods. The designated alcohol sales area constitutes less than 1% of the total floor space.

SECTION 2: The City Council of the City of Pinole hereby affirms a determination of Public Convenience or Necessity to support a Type 21 alcohol sales license request for off-site beer, wine and spirits sales at the Sprouts Farmers Market, located at 1300 Pinole Valley Road, as a prerequisite to obtaining a Conditional Use Permit as required by Chapter 17.59 of the Pinole Municipal Code.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 19th day of November 2024 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was introduced, passed and adopted on adopted on this 19th day of November 2024
____________________________
Heather Bell
City Clerk

CITY COUNCIL
REPORT 9.I.

DATE: NOVEMBER 19, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: FABY GUILLEN, CAPITAL IMPROVEMENT/ENVIRONMENTAL PROGRAM

MANAGER
SUBJECT: DAYLIGHTING LAW ASSEMBLY BILL (AB) 413 - FOR INTERSECTIONS

AND CROSSWALKS

RECOMMENDATION
Receive a report related to Daylighting Law Assembly Bill (AB) 413 for intersections and crosswalks.

BACKGROUND
The City Council requested a future City Council informational agenda item on Assembly Bill 413.

AB 413, commonly known as the “Daylighting Bill,” was designed to increase visibility at crosswalks in California. In October 2023, the State of California approved Assembly Bill 413 (AB 413),
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB413 which amended section 22500 of the California Vehicle Code and added language pertaining to stopping, standing, or parking of a vehicle within a certain distance of the vehicle approach side of a marked or unmarked crosswalk. The amendment went into effect January 1, 2024.

Specifically, the amended code prohibits parking within “20 feet of the vehicle approach side of any marked or unmarked crosswalk or within 15 feet of any crosswalk where a curb extension is present”. Additionally, AB 413 states that a local authority may choose to determine a different threshold by ordinance if the distance is justified by established traffic safety standards and these new distance locations are marked using paint, sign, or other means to prohibit vehicles in the area.

REVIEW AND ANALYSIS
Both marked and unmarked crosswalks exist at all intersections, thus this new law requires agencies to strike the balance between designating parking prohibitions through markings and/or signs and their subsequent maintenance, educating residents, and working with law enforcement. While AB 413 went into effect on January 1, 2024, the law stipulates that only warnings may be given for violations, with citations beginning on January 1, 2025.

Staff is providing a presentation explaining AB 413 that includes examples of marked and unmarked crosswalks and parking prohibitions due to AB 413, as well as potential benefits to the community of Pinole.

As a result of this new law, City staff are in the process of evaluating various intersections for installing red curbs. We will prioritize areas with high pedestrian and bicycle volume.

FISCAL IMPACT
Public Works operations and maintenance staff will be able to install the required red curb markings and use readily available red curb paint. A gallon of red curb paint typically costs less than $100 and can cover up to 90 square feet. Red curb paint bought in bulk may reduce material costs. Red curb paint typically lasts 12 to 18 months, and there will be an associated maintenance cost to re-paint the curbs when the original red curb paint begins to fade.

ATTACHMENTS
A. Assembly Bill No. 413

Assembly Bill No. 413
CHAPTER 652
An act to amend Section 22500 of the Vehicle Code, relating to vehicles. [Approved by Governor October 10, 2023. Filed with Secretary of State October 10, 2023.]
legislative counsel’s digest
AB 413, Lee. Vehicles: stopping, standing, and parking.

Existing law prohibits the stopping, standing, or parking of a vehicle in certain places and under certain conditions, including within an intersection, on a sidewalk or crosswalk, or in front of a fire station. Existing law additionally authorizes local jurisdictions to, by ordinance, restrict parking in certain areas, at certain times, and for certain reasons, and to establish metered parking.

This bill would prohibit the stopping, standing, or parking of a vehicle within 20 feet of the vehicle approach side of any unmarked or marked crosswalk or 15 feet of any crosswalk where a curb extension is present, as specified. The bill would, prior to January 1, 2025, authorize jurisdictions to only issue a warning for a violation, and would prohibit them from issuing a citation for a violation, unless the violation occurs in an area marked using paint or a sign.

By restricting parking in certain areas, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The people of the State of California do enact as follows:

SECTION 1. Section 22500 of the Vehicle Code is amended to read:
22500. A person shall not stop, park, or leave standing any vehicle whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or official traffic control device, in any of the following places:
(a)  Within an intersection, except adjacent to curbs as may be permitted by local ordinance.

94

(b)  On a crosswalk, except that a bus engaged as a common carrier or a taxicab may stop in an unmarked crosswalk to load or unload passengers when authorized by the legislative body of a city pursuant to an ordinance. (c)  Between a safety zone and the adjacent right-hand curb or within the area between the zone and the curb as may be indicated by a sign or red paint on the curb, which sign or paint was erected or placed by local authorities pursuant to an ordinance.
(d)  Within 15 feet of the driveway entrance to a fire station. This subdivision does not apply to any vehicle owned or operated by a fire department and clearly marked as a fire department vehicle. (e)  (1)  In front of a public or private driveway, except that a bus engaged as a common carrier, schoolbus, or a taxicab may stop to load or unload passengers when authorized by local authorities pursuant to an ordinance. (2)  In unincorporated territory, where the entrance of a private road or driveway is not delineated by an opening in a curb or by other curb construction, so much of the surface of the ground as is paved, surfaced, or otherwise plainly marked by vehicle use as a private road or driveway entrance, shall constitute a driveway.
(f)  On a portion of a sidewalk, or with the body of the vehicle extending over a portion of a sidewalk, except electric carts when authorized by local ordinance, as specified in Section 21114.5. Lights, mirrors, or devices that are required to be mounted upon a vehicle under this code may extend from the body of the vehicle over the sidewalk to a distance of not more than 10 inches.
(g)  Alongside or opposite a street or highway excavation or obstruction when stopping, standing, or parking would obstruct traffic. (h)  On the roadway side of a vehicle stopped, parked, or standing at the curb or edge of a highway, except for a schoolbus when stopped to load or unload pupils in a business or residence district where the speed limit is 25 miles per hour or less.
(i)  Except as provided under Section 22500.5, alongside curb space authorized for the loading and unloading of passengers of a bus engaged as a common carrier in local transportation when indicated by a sign or red paint on the curb erected or painted by local authorities pursuant to an ordinance.
(j)  In a tube or tunnel, except vehicles of the authorities in charge, being used in the repair, maintenance, or inspection of the facility. (k)  Upon a bridge, except vehicles of the authorities in charge, being used in the repair, maintenance, or inspection of the facility, and except that buses engaged as a common carrier in local transportation may stop to load or unload passengers upon a bridge where sidewalks are provided, when authorized by local authorities pursuant to an ordinance, and except that local authorities pursuant to an ordinance or the Department of Transportation pursuant to an order, within their respective jurisdictions, may permit parking on bridges having sidewalks and shoulders of sufficient width to permit parking without interfering with the normal movement of traffic on the roadway. Local authorities, by ordinance or resolution, may 94 Ch. 652 — 2 —

permit parking on these bridges on state highways in their respective jurisdictions if the ordinance or resolution is first approved in writing by the Department of Transportation. Parking shall not be permitted unless there are signs in place, as may be necessary, to indicate the provisions of local ordinances or the order of the Department of Transportation. (l)  In front of or upon that portion of a curb that has been cut down, lowered, or constructed to provide wheelchair accessibility to the sidewalk. (m)  In a portion of a highway that has been designated for the exclusive use of public transit buses.
(n)  (1)  (A)  Within 20 feet of the vehicle approach side of any marked or unmarked crosswalk or within 15 feet of any crosswalk where a curb extension is present.
(B)  Notwithstanding subparagraph (A), a local authority may establish a different distance if both of the following requirements are met:
(i)  A local authority establishes the different distance by ordinance that includes a finding that the different distance is justified by established traffic safety standards.
(ii)  A local authority has marked the different distance at the intersection using paint or a sign.
(2)  Notwithstanding paragraph (1), a local authority may permit commercial vehicle loading or unloading within 20 feet of the vehicle approach side of any marked or unmarked crosswalk or within 15 feet of any crosswalk where a curb extension is present if both of the following requirements are met:
(A)  A local authority authorizes the commercial vehicle loading and unloading by ordinance and identifies the crosswalk or crosswalks in the ordinance.
(B)  A local authority has marked the commercial loading and unloading areas with paint or signage.
(3)  Notwithstanding paragraph (1), a local authority may permit parking for bicycles or motorized scooters within 20 feet of a crosswalk. (4)  Prior to January 1, 2025, jurisdictions may only issue a warning, and shall not issue a citation, for a violation unless the violation occurs in an area marked using paint or a sign.

SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

O
94 — 3 — Ch. 652

CITY COUNCIL
REPORT 9.J.

DATE: NOVEMBER 19, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: FABY GUILLEN, CAPITAL IMPROVEMENT/ENVIRONMENTAL PROGRAM

MANAGER
SUBJECT: 2024 ENGINEERING AND TRAFFIC SPEED SURVEY REPORT

RECOMMENDATION
Accept the 2024 Engineering and Traffic Survey prepared by Willdan Engineering and adopt a resolution establishing Safety Corridors and Land or Facility that Generates High Concentrations of Bicyclists or Pedestrians, and establish the speed limits recommended in the Study.

BACKGROUND
The California Vehicle Code (CVC) requires that Cities establish speed limits in a prescribed manner. For residential streets that have specific roadway characteristics, the speed limit may be set at 25 miles per hour. In the City of Pinole, the vast majority of our roadways fit into this category.

For non-residential roadways, the CVC requires that an Engineering and Traffic Survey be conducted every five years to justify a posted speed limit. The rationale is that speed limits on non-residential roadways must be based upon the speed at which the majority of traffic is flowing. The CVC further states that radar enforcement is expressly prohibited unless the posted speed limit is justified with a current engineering and traffic survey.

REVIEW AND ANALYSIS
For non-residential roadways, the CVC requires that an Engineering and Traffic Survey be conducted every five years to justify a posted speed limit. The rationale is that speed limits on non-residential roadways must be based upon the speed at which the majority of traffic is flowing. The CVC further states that radar enforcement is expressly prohibited unless the posted speed limit is justified with a current engineering and traffic survey.

Willdan has prepared the 2024 Engineering and Traffic Survey in accordance with the regulations set forth to govern the setting of speed limits. The Survey lists the CVC regulations on pages 1 through 10. It is important to follow the requirements so that enforcement is defensible. For the most part the City of Pinole speeds of travel remain consistent with prior surveys. However, this survey shows that speed of travel exceeds the posted limits at several segments. Some of these segments have special conditions not readily apparent to the driver.

Special conditions applicable to these segments can be defined as areas with moderate traffic that may not be apparent to unfamiliar drivers; segments that are designated as safety

corridors or as a land or facility that generates high concentrations of bicycles and pedestrians. Due to these special conditions, based on Guidelines from AB-43, Willdan is recommending the previous speed limit recommendations to remain and to establish Safety Corridors and Land or Facility that Generates High Concentrations of Bicyclists or Pedestrians. They recommend that we reduce the posted speed limits on five segments. All segments surveyed are shown in the following table. The five segments warranting a decrease are highlighted.

The City of Pinole Police Department has reviewed the recommendations in the Survey and supports the decreases in speed limits. Again, it is important to follow the requirements so that Police have the means to enforce the speed limits.
* It should be noted that there was a typo in the consultant's report regarding No. 7. The existing speed limit is 25 mph, and this will be corrected in the final report.

FISCAL IMPACT
The fiscal impacts associated with this action are limited to the cost of changing the signage in the field. We estimate the cost of the sign change to be approximately $10,000. There are currently funds remaining in the Annual Signage Program of $20,000. The cost of this signage change will be funded from that source.

ATTACHMENTS
A. Resolution
B. 2024 Engineering & Traffic Survey Report

RESOLUTION NO. 2024 -_

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, ACCEPTING THE 2024 ENGINEERING AND TRAFFIC SURVEY; ESTABLISHING SAFETY CORRIDORS AND LAND OR

FACILITY THAT GENERATES HIGH CONCENTRATIONS OF BICYCLISTTS OR PEDESTRIANS; AND ESTABLISHING SPEED LIMITS RECOMMENDED IN THE SURVEY.

WHEREAS, The California Vehicle Code requires that speed limits be justified by an Engineering and Traffic Survey in order to be enforceable by the use of radar; and
WHEREAS, The California Vehicle Code requires that an Engineering and Traffic Survey be conducted every five years to justify and enforce posted speed limits; and
WHEREAS, The City of Pinole desires to have an enforceable speed limit established on Citywide roads; and
WHEREAS, The City Engineer has asked that Willdan Engineering prepare the appropriate engineering and traffic surveys on Citywide roads; and WHEREAS, Willdan Engineering has prepared and submitted an Engineering and Traffic Survey; and
WHEREAS, The Survey shows that speeds of travel remain consistent with prior surveys; and
WHEREAS, The Survey shows that speeds of travel exceed the posted limits at several segments; and
WHEREAS, Some of these segments have special conditions not readily apparent to the driver, as defined on the Survey.

WHEREAS, Due to these special conditions, Willdan is recommending some of the previous speed limit recommendations to remain and to establish Safety Corridors and Land or Facility that Generates High Concentrations of Bicyclists or Pedestrians.

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

1. Accept the Engineering and Traffic Survey Report as Final (herein as Exhibit A).

2. Establish Safety Corridors and Land or Facility that Generates High

Concentrations of Bicyclists or Pedestrians.

3. Establish the speed limits recommended in the Study as shown on the table below:

STREET SEGMENTS WITH

RECOMMENDED SPEED CHANGES
No. Street From To Existing New Change
1 Appian Way San Pablo Ave. 1-80 Freeway 35 35 0
2 Appian Way 1-80 Freeway South City Limit 35 35 0
3 Fitzgerald Dr. Richmond
Parkway Appian Way 35 35 0
4* Pinole Valley Rd. Tennent Ave. Granada Ct. 30 25 -5
5* Pinole Valley Rd. Granada Ct. Simas Ave. 35 30 -5
6 Pinole Valley Rd. Simas Ave. South City Limit 35 35 0 7* San Pablo Ave. East City Limit Oak Ridge Rd. 30 25 -5 8* San Pablo Ave. Oak Ridge Rd. Sunnyview Dr. 35 25 -10 9* San Pablo Ave. Sunnyview Dr. West City Limit 40 30 -10 10 Simas Ave. Pinole Valley Rd.
(East)
Pinole Valley Rd.
(West) 25 25 0
11 Tara Hills Dr. Appian Way West City Limit 30 30 0
12 Tennent Ave. Railroad Ave. Pinole Valley Rd. 25 25 0 “*” Indicates segment warranting a decrease.

BE IT FURTHER RESOLVED that the Pinole City Council authorizes Public Works Department to post the new speed limits hereby established for citywide roadways.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 19th day of November 2024 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was introduced, passed and adopted on this 19th day of November, 2024.
___________________________
Heather Bell, CMC
City Clerk

City of N Pinole
2024 Engineering and
Traffic Survey Report
October 2024
Willdan Engineering
13191 Crossroads Pkwy N Suite 405
City of Industry, CA 91746
562.908.6200

2024 Engineering and Traffic Survey Report

CITY OF PINOLE
October 31, 2024
Sanjay Mishra
Public Works Director
2131 Pear Street
Pinole, CA 94564
Subject: 2024 Engineering and Traffic Survey
Dear Mr. Mishra:

As requested, Willdan has completed an Engineering and Traffic (E&T) Survey to justify and update the posted speed limits along 12 street segments in the City of Pinole. These segments were last surveyed in 2013 and require an update to comply with the 10-year limitation set forth in the California Vehicle Code (CVC).

We are pleased to submit the enclosed Report that describes the E&T survey procedures and contains recommendations for posted speed limits on the City’s arterial and collector street system. A summary of these recommendations is included in the Analysis. Supporting documentation for each speed zone recommendation is provided in the Appendices.

The Report was conducted in accordance with applicable provisions of the CVC, following procedures outlined in the California Manual on Uniform Traffic Control Devices Revision 8 (California MUTCD) dated January 2024, and as required by Section 627 of the CVC. The Report is intended to satisfy the requirements of Section 40802 of the CVC to enable the continued use of radar for traffic speed enforcement.

Guidelines from AB-43 were used in this E&T Survey to recommend the previous speed limit recommendation to remain and to establish land or facilities that generate high concentrations of bicyclists and pedestrians.

We appreciate the opportunity to serve the City of Pinole and the assistance and cooperation afforded to us during the course of this study.

Very truly yours,

WILLDAN
Nicolle Spann, P.E., T.E.

Traffic Engineer
Enclosure

2024 Engineering and Traffic Survey Report

CITY OF PINOLE
Table of Contents
Introduction........................................................................................................2 Elements Of the Engineering and Traffic Survey.......................................................................................3 Speed Sampling......................................................................................................................................3 Crash History..........................................................................................................................................5 Conditions Not Readily Apparent to Motorists......................................................................................5 Retain Currently Adopted or Restore Immediately Prior Speed Limit – New from AB 43......................5 Land or Facilities that Generate High Concentrations of Pedestrians or Bicyclists ...............................5 Survey Conditions...............................................................................................7 Survey Locations........................................................................................................................................7 Data Collection ..........................................................................................................................................7 Speed Data.............................................................................................................................................7 Field Review Data ..................................................................................................................................7 Crash Data .............................................................................................................................................8 Land or Facility that Generates High Concentrations of Bicyclists or Pedestrians – New from AB 43 ..8 Analysis ..............................................................................................................8 Criteria.......................................................................................................................................................8 Results and Engineering and Traffic Survey Recommendations...............................................................9 Retain Currently Adopted or Restore Immediately Prior Speed Limit Application...................................9 Speed Limit Recommendations...............................................................................................................10 Table 1- Summary of Recommendations.............................................................................................11 Table 2- Street Segments with Recommended Speed Changes...........................................................13 Segments with Special Conditions ..........................................................................................................14 Segments defined as Land or Facility that Generates High Concentrations of Bicyclists or Pedestrians17 Table 3 – Segments defined as Land or Facility that Generates High Concentrations of Bicyclists or Pedestrians ..........................................................................................................................................17 Legislative References.......................................................................................18 Applicable Sections of California Vehicle Code.......................................................................................18 Engineering and Traffic Surveys...........................................................................................................18 Basic Speed Law...................................................................................................................................19 Speed Law Violations...........................................................................................................................19 Prima Facie Speed Limits .....................................................................................................................19 Business Activity Districts.....................................................................................................................21 Minimum and Maximum Prima Facie Speed Limits ............................................................................22 Downward Speed Zoning.....................................................................................................................23

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Safety Corridors and Land or Facility that Generates High Concentrations of Bicyclists or Pedestrians (Added code from AB 43).....................................................................................................................23 Maintaining Posted Speeds (Added code from AB 43) ........................................................................24 Boundary Line Streets..........................................................................................................................24 Speed Trap Prohibition.........................................................................................................................24 Speed Trap ...........................................................................................................................................25 Speed Trap Evidence ............................................................................................................................27

APPENDIX A
Street Segment Data

APPENDIX B
Radar Speed Distribution Forms

APPENDIX C
Survey Equipment

2024 Engineering and Traffic Survey Report

CITY OF PINOLE
2 Introduction
This Engineering and Traffic (E&T) Survey is intended to be the basis for the establishment, revision, and enforcement of speed limits for selected streets within the City of Pinole. This E&T Survey presents recommended speed limits for 12 street segments in the City of Pinole. E&T Surveys are required by the State of California to establish intermediate speed limits on local streets and to enforce those limits using radar or other speed measuring devices. Historically, these surveys must be updated every 7 to 10 years to ensure the speeds reflect current conditions.

E&T Surveys are prepared under the direction of California Vehicle Code (CVC). The CVC also requires that the surveys be conducted based on the methodology required by the California MUTCD Revision 8 (California MUTCD) dated January 2024.

Assembly Bill No. 43 (AB 43), signed in October 2021, has given local agencies more leeway to lower and maintain speed limits. The California Vehicle Code was amended in 2022 and the California MUTCD was amended in January 2024 to implement laws and guidelines with the changes set forth in AB 43. There were three major changes to how speed limits can be recommended under AB 43 as follows:

1. An E&T Survey conducted more than 7 years ago may be extended to 14 years (previously to 10 years) if a traffic engineer certifies that no changes in roadway or traffic conditions have occurred [CVC 40802 (c)(2)(B)(i)(II)].

2. A local authority may establish and designate safety corridors throughout their jurisdiction. The local authority may recommend a speed limit with an additional five mile per hour reduction on segments designated as safety corridors. Local authorities may not lower a speed limit under this section until June 30, 2024, or until the Judicial Council has developed an online tool for adjudicating infraction violations statewide, whichever is sooner.

3. If a local authority, after completing an E&T Survey, finds that the speed limit is still reasonable or safe, the local authority may retain the current speed limit or restore the immediately prior speed limit if that speed limit was established with an E&T Survey and if a registered engineer has evaluated the section of highway and determined that no additional general purpose lanes have been added to the roadway since completion of the traffic survey that established the prior speed limit.

This E&T survey was requested by the City for the proper posting of speed limits and to enable the Police Department to utilize radar or other electronic speed measuring devices for speed enforcement.

CVC Sections 40801 and 40802 require E&T Surveys that verify the prima facie speed limit before enforcement by such a device is legal. The law further specifies that these surveys be conducted every 5 years. The surveys can be extended to 7 years provided the City’s Police Department(s) have completed a 24-hour radar operator course [CVC 40802(c)(2)(B)(i)(I)].

Posted speed limits are established primarily to protect the general public from the reckless and unpredictable behavior of dangerous drivers. They provide law enforcement with a clearly understood method to identify and apprehend violators of the basic speed law (CVC Section 22350). This law states

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3 that "No person shall drive a vehicle on a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property." The posted speed limit gives motorists a clear warning of the maximum speed that is reasonable and prudent under typical driving conditions.

The basic fundamentals for establishing speed limits recognize that the majority of drivers behave in a safe and reasonable manner, and therefore, the normally careful and competent actions of a reasonable driver should be considered legal. Speed limits established on these fundamentals conform to the consensus that those who drive the highway determine what speed is reasonable and safe, not on the judgment of one or a few individuals. A radar speed study is usually conducted to record the prevailing speed of reasonable drivers.

Speed limits are also established to advise drivers of conditions which may not be readily apparent to a reasonable driver. For this reason, accident history, roadway conditions, traffic characteristics, and land use must also be analyzed before determining speed limits. Speed limit changes are usually made in coordination with physical changes in roadway conditions or roadside developments. Unusually short zones of less than one-half mile in length should be avoided to reduce driver confusion.

The E&T Surveys for the City were conducted in accordance with procedures outlined in the California MUTCD and as required by Section 627 of the CVC. The Code further describes three elements of an E&T Survey:

1. Measurement of prevailing speed;

2. Accident history; and

3. Roadway characteristics not readily apparent to the motorist.

Additionally, it is generally accepted that speed limits cannot be successfully enforced without voluntary compliance by a majority of drivers. Consequently, only the driver whose behavior is clearly out of line with the normal flow of traffic is usually targeted for enforcement.

Elements Of the Engineering and Traffic Survey
The California MUTCD specifies the methodology to be used for completing E&T Surveys. This methodology includes an evaluation of current vehicle speeds, accident history and conditions not readily apparent to motorists. The basic elements of the E&T Survey are discussed in more detail as follows:

Speed Sampling
Existing vehicle speeds are surveyed by a certified radar operator with a calibrated radar unit in an unmarked vehicle. Speed samples are taken for each segment representing a statistically significant sample of current traffic. This data is then evaluated to identify the distribution of speeds. A key element in the evaluation is the identification of the 85th percentile speed. The 85th percentile speed is the speed at or below which 85 percent of the traffic travels. This threshold represents what is

2024 Engineering and Traffic Survey Report

CITY OF PINOLE
4 historically found to be a safe and reasonable speed for most drivers based on common roadway conditions. A speed limit is established in the three options below.

Options:
▪ Closest to 85th Percentile Speed – A speed limit is established at the nearest 5-mile per hour increment to the 85th percentile speed.
▪ California MUTCD Option 2 - For cases in which the nearest 5 mph increment of the 85thpercentile speed would require a rounding up, then the speed limit may be rounded down to the nearest 5 mph increment below the 85th percentile speed, if no further reduction is used. Refer to CVC Section 21400(b).
▪ Reduction using Segments with Special Conditions - For cases in which the nearest 5 mph increment of the 85th-percentile speed would require rounding down, the posted speed may be reduced by an additional 5 mph from the nearest 5 mph increment of the 85th-percentile speed, in compliance with CVC Section 627 and 22358.5.

If the speed limit to be posted has had the 5 mph reduction applied, then an E&T Survey shall document in writing the conditions and justification for the lower speed limit. The reasons for the lower speed limit shall be in compliance with CVC Section 627 and 22358.5.

The following examples are provided to explain the application of these speed limit criteria:

If the 85th percentile speed in a speed survey for a location was 33 mph, the 3 options may be applied as follows:
▪ Closest to 85th Percentile Speed - The 85th percentile speed would round up to the nearest 5- mph increment. The speed limit would be established at 35 mph since it is the closest 5 mph increment to the 33 mph speed.
▪ California MUTCD Option 2 - Instead of rounding up to 35 mph, the speed limit can be established at 30 mph, but no further reduction can be applied. ▪ Reduction using Segments with Special Conditions - The first step is to round up, then the speed limit would be established at 35 mph since it is the closest 5 mph increment to the 33 mph speed.

As indicated by this option, this 35 mph established speed limit could be reduced by 5 mph to 30 mph if conditions and justification for using this lower speed limit are documented in the E&T Survey. However, it is best to apply MUTCD Option 2 in these scenarios as it will not require documentation of conditions and justification to lower the speed limit.

If the 85th percentile speed in a speed survey for a location was 37 mph, the 3 options may be applied as follows:
▪ Closest to 85th Percentile Speed - The 85th percentile speed would round down to the nearest 5- mph increment. The speed limit would be established at 35 mph since it is the closest 5 mph increment to the 37 mph speed.

2024 Engineering and Traffic Survey Report

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5 ▪ California MUTCD Option 2 – This option is not applicable to 85th percentile speeds that already round down to the nearest 5-mph increment using the “Closest to 85th Percentile Speed” option. ▪ Reduction using Segments with Special Conditions - The first step is to round down, then the speed limit would be established at 35 mph since it is the closest 5 mph increment to the 37 mph speed. As indicated by this option, this 35 mph established speed limit could be reduced by 5 mph to 30 mph if conditions and justification for using this lower speed limit are documented in the E&T Survey.

Crash History
Reported crashes are reviewed for each street segment to determine if there is a higher than expected average rate of crashes. A segment that has an above-average crash rate typically suggests conditions that are not readily apparent to motorists.

Conditions Not Readily Apparent to Motorists
Each street segment is field inspected to identify roadway conditions that may not be readily apparent to motorists. A determination is made whether any conditions are significant and warrant the recommendation of the speed limit 5 mph below the basic speed limit.

Retain Currently Adopted or Restore Immediately Prior Speed Limit – New from AB 43 The City may retain the currently adopted speed limit without further reduction or restore the immediately prior adopted speed limit without further reduction as provided in CVC Section 22358.8, added through AB 43.

The currently adopted speed limit or immediately prior adopted speed limit shall only be retained, by ordinance, if after completing an E&T Survey, the City finds that the speed limit is still more than reasonable or safe, and that speed limit was established with an E&T Survey and if a registered engineer has evaluated the section of highway and determined that no additional general purpose lanes have been added to the roadway since completion of the traffic survey that established the prior speed limit.

If the City decides to use a lower speed limit based on CVC Section 22358.8, after completing an E&T Survey and finding that the speed limit is still more than is reasonable or safe, it shall not be reduced by any more than 5 mph from the currently adopted speed limit or not below the immediately prior speed limit. Refer to CVC Section 22358.8(b).

Land or Facilities that Generate High Concentrations of Pedestrians or Bicyclists The provisions of CVC Section 22358.7 to additional lower the speed limit (by designating safety corridor or on portion of highway is adjacent to any land or facility that generates high concentrations of bicyclists or pedestrians), shall not be applicable until actions required per CVC Section 22358.7 by Department of Transportation and Judicial Council are completed or June 30, 2024, whichever is sooner.

A land or facility that generates high concentrations of bicyclists or pedestrians is a portion of the highway where one or more of any of the generators listed below are present within a distance of 1320

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6 feet. Crash data that demonstrates a highway segment is within the top twenty percent of pedestrian and/ or bicyclist fatalities or serious injuries over a three-to-five year period may be used in lieu of one of the generators listed below.

If the speed limit to be posted has had the 5 mph reduction applied, then an E&TS shall document in writing the conditions and justification for the lower speed limit and be approved by a registered Civil or Traffic Engineer. The reasons for the lower speed limit shall be in compliance with CVC Sections 627 and 22358.5. Refer to Section 22358.6(b).

The total reduction in the speed limit using the nearest 5 mph increment, rounding up, rounding down and using 5 mph speed reduction, plus an additional 5 mph speed reduction for safety corridor designation, shall not exceed 12.4 mph from the 85-percentile speed. Refer to CVC Section 22358.6(e).

2024 Engineering and Traffic Survey Report

CITY OF PINOLE
7 Survey Conditions
Survey Locations
The procedures described below describe the criteria and methods used to survey selected streets within the City of Pinole. The specific location of the radar speed survey for each street segment was selected after considering the following:

1. Minimum stop sign and traffic signal influence.

2. Minimum visibility restrictions.

3. Non-congested traffic flow away from intersections and driveways.

4. Minimum influence from curves or other roadway conditions that would affect the normal operation of a vehicle.

Data Collection
Data of existing conditions was obtained including prevailing speed of vehicles, traffic crashes, visibility restrictions, and roadway conditions within the community. Speed data and field reviews were conducted at 12 locations during the months of December 2023 and January 2024.

Speed Data
Radar speed measurements were conducted at 12 locations during the month of December 2023. The radar speed distribution forms are in Appendix B. All surveys were conducted in good weather conditions, during off-peak hours on weekdays. The radar unit was operated from an unmarked vehicle to minimize any influence on driver behavior. Typically, a minimum sample size of 100 vehicles or the total samples during a maximum period of 2 hours were obtained for each segment. Traffic speeds in both directions were recorded for individual segments.

Field Review Data
A field review was conducted for each of the selected street segments in the City with consideration for the following factors:

1. Street width and alignment;

2. Pedestrian activity and traffic flow characteristics;

3. Number of lanes and other channelization and striping patterns;

4. Frequency of intersections, driveways, and on-street parking;

5. Location of stop signs and other regulatory traffic control devices;

6. Visibility obstructions;

2024 Engineering and Traffic Survey Report

CITY OF PINOLE
8 7. Land use and proximity to schools;

8. Pedestrian and bicycle usage;

9. Uniformity with existing speed zones and those in adjacent jurisdictions; and

10. Any other unusual condition not readily apparent to the driver.

Crash Data
Crash data was obtained from the California Highway Patrol’s Statewide Integrated Traffic Records System (SWITRS) electronic crash database. For this study, crash data was used from the latest 3 years of reported accidents from January 1, 2021 to December 31, 2023. The crash rates for the 70 segments are expressed in crashes per million vehicle miles (C/MVM). To calculate these rates, 24-hour traffic volumes were collected for each street segment. This information was then entered into the following formula to determine the crash rate:

𝑹 =
𝑪 × 𝟏, 𝟎𝟎𝟎, 𝟎𝟎𝟎
𝒕 × 𝟑𝟔𝟓 𝒅𝒂𝒚𝒔
𝒚𝒆𝒂𝒓
× 𝒍 × 𝒗
C = Number of midblock crashes over time period
R = Crash Rate (crashes/million vehicle miles)
t = Time Period Covered (in years)
l = Length of Segment (miles)
v = Traffic Volume (average daily traffic)
The segment crash rate was then compared to the average statewide crash rate of similar roadways.

The average statewide crash rates were obtained from 2021 Collision Data on California State Highways published by Caltrans.

Land or Facility that Generates High Concentrations of Bicyclists or Pedestrians – New from AB 43
Segments with land or facilities that generate high concentrations of bicyclists or pedestrians were established under the guidelines set forth in the California MUTCD.

Fatal and severe injury crash data were gathered using UC Berkeley’s Transportation Injury Mapping System (TIMS) from January 1, 2019 to March 31, 2024. The identification of appropriate land or facilities were identified in the field review of the segments.

Analysis
Criteria
Survey data was compiled and analyzed to determine the recommended speed limit in accordance with several criteria contained in The California MUTCD. Some of the criteria used are:

A. The critical speed or 85th percentile speed is that speed at or below which 85 percent of the traffic is moving. This speed is the baseline value in determining what the majority of drivers believe is safe and reasonable. Speed limits set higher than the critical speed are not considered

2024 Engineering and Traffic Survey Report

CITY OF PINOLE
9 reasonable and safe. Speed limits set lower than the critical speed make a large number of reasonable drivers "unlawful," and do not facilitate the orderly flow of traffic. The “basic speed limit” is the nearest 5 mph increment to the 85th percentile speed.

B. The 10 mile per hour (mph) pace speed is the 10 mph increment that contains the highest percentage of vehicles. It is a measure of the dispersion of speeds across the range of the samples surveyed. An accepted practice is to keep the speed limit within the 10 mph pace while considering the critical speed and other factors that might require a speed lower than the critical speed.

C. The crash rate for each street segment is compared to average crash rates that can be reasonably expected to occur on streets and highways in other jurisdictions, in proportion to the volume of traffic per lane mile. These average crash rates have been developed by the State of California and are considered reasonable for use in the City of Pinole.

Results and Engineering and Traffic Survey Recommendations The Engineering and Traffic Survey Forms, presented in Appendix A, illustrate results of a thorough evaluation of available data and recommend a speed limit for each street segment surveyed based on the guidelines for an Engineering and Traffic Survey set forth by the California MUTCD and the CVC. A complete summary of all recommendations is shown in Table 1. In each case, the recommended speed limit was consistent with the prevailing behavior as demonstrated by the radar speed measurements.

Typically, a speed limit in the upper range of the 10-mile pace was selected unless a crash rate significantly higher than expected was discovered or roadway conditions not readily apparent to the driver were identified. Any segments with recommended speed limits 5 mph or more below the basic speed limit are fully explained later in this report.

The Legislature, in adopting Section 22358.5 of the CVC, has made it clear that physical conditions, such as width, curvature, grade and surface conditions, or any other condition readily apparent to a driver, in the absence of other factors, would not be the basis for special downward speed zoning. In these cases, the basic speed law (CVC Section 22350) is sufficient to regulate such conditions.

Retain Currently Adopted or Restore Immediately Prior Speed Limit Application Using CVC Section 22358.8, a new section added due to AB 43, the City can choose to use previous speed limits from the currently adopted or immediately prior Engineer’s E&T recommendations. This decision is made by the City after an Engineering and Traffic Survey has been completed and is applicable if each of the following three conditions are met:

1. The agency identifies that the posted speed limit is reasonable or safe

2. An Engineer has verified that no general purpose lanes have been added

3. The speed limit was established with an Engineering and Traffic Survey For segments with limits that have been redefined and currently have two different posted speed limits along the segment, the lower of the two speed limits may be retained since the segment has consistent

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CITY OF PINOLE
10 roadway and land use conditions and is adequately combined as a single segment, verified by an Engineer.

The recommendations set forth using this section are considered separate from the Engineering and Traffic Survey Recommendations. After the E&T Survey recommendations have been made, City staff and an Engineer may decide that the posted speed limit is appropriate and can retain currently adopted or restore immediately prior speed limits set by previous E&T Surveys.

When this 2024 adopted E&T Survey expires after either 7 or 14 years, a new E&T Survey will be prepared to recertify the speed limits. It should be noted that the Engineer’s E&T recommendation shall be used as the currently adopted speed limit, as opposed to the City’s speed limit recommendation. On roadway segments when the City’s speed limit recommendation is different than the Engineer’s E&T speed limit recommendation, future recommendations may be made to retain currently adopted or restore immediately prior speed limits using CVC Section 22358.8. In cases where the City recommendation is different than the Engineer’s E&T recommendation, the City’s speed limit recommendation should not be used to retain the currently adopted speed limit in a future E&T Survey prepared either 7 or 14 years after this E&T Survey has been adopted. For future use, the City and Engineer preparing the next E&T Survey should refer to the Engineer’s E&T recommendation identified in the segments with special conditions section in this report.

Speed Limit Recommendations
The recommendations contained in this Report are intended to establish prima facie speed limits. They are not intended to be absolute for all prevailing conditions. All prima facie speed violations are actually violations of the basic speed law (CVC Section 22350). This statute states that a person shall not drive a vehicle at a speed greater than is safe having regard for traffic, roadway, and weather conditions. A prima facie limit is intended to establish a maximum safe speed under normal conditions.

Table 1 summarizes the data collected and recommended speed limit for each segment in this E&T Survey.

Table 2 identifies the street segments with recommended changes in posted speed limit.

Table 1 - Summary of Recommendations
Street From To ADT
Dist.
(mi.)
Collision
Rate****
Exp.
85%
Speed
10 mi.

Pace
% in
Act. Pace
Posted
Speed
Limit
Rec.

Speed
No. Limit Comments*

CITY OF PINOLE
APPIAN WAY SAN PABLO AVE INTERSTATE 80 0.9 14,102 0.30 0.07 42 33-42 78 Use 2017 E&T Recommendation
1 35** % 35**
APPIAN WAY INTERSTATE 80 SOUTH CITY
LIMIT
2 0.6 24,066 0.30 0.25 35 38 29-38 80 % 35 CA MUTCD Option 2 FITZGERALD DR RICHMOND PKWY APPIAN WAY 1 16,857 0.30 0.11 40 31-40 79 Use 2017 E&T Recommendation
3 35 % 35

PINOLE VALLEY
RD

TENNENT AVENUE GRANADA
COURT
4 1.3 14,700 0.30 0.00 30** 32 23-32 88 % 25** Moderate Pedestrian Use

PINOLE VALLEY
RD
GRANADA COURT SIMAS AVENUE 0.4 10,795 0.30 0.00 41 32-41 80 Hidden Driveways, Uncontrolled Crosswalks***
5 35 % 30

PINOLE VALLEY
RD

SIMAS AVENUE SOUTH CITY
LIMIT
6 1.9 7,387 0.30 0.00 35** 38 30-39 88 % 35** CA MUTCD Option 2

SAN PABLO
AVENUE

EAST CITY LIMIT OAK RIDGE
ROAD
7 0.6 19,905 0.30 0.00 30 37 24-46 76 % 25 Moderate Pedestrian Use***

SAN PABLO
AVENUE

OAK RIDGE ROAD SUNNYVIEW
DRIVE

0.9 19,032 0.02 0.05 35 26-35 81 Uncontrolled Crosswalks, Moderate Pedestrian Use***
8 35 % 25

SAN PABLO
AVENUE
SUNNYVIEW DRIVE WEST CITY LIMIT 1 18,027 0.37 0.05 41 32-41 81 Uncontrolled Crosswalks, Moderate Pedestrian Use***
9 40 % 30

SIMAS AVENUE PINOLE VALLEY RD
(EAST)

PINOLE VALLEY
(WEST)

1.3 582 0.65 1.21 32 22-31 78 Residential Density,
Uncontrolled Crosswalks
10 25 % 25
2024 Engineering and Traffic Survey Report
* See "Segments with Special Conditions" section for comments on segments using special conditions or AB 43 to maintain the previous or prior ET 11 **** Accident rate units: Fatal and Injury Collisions per One Million Vehicle Miles ** 25 mph when children are present
Act.: Actual Collision Rate
Exp.: Expected Collision Rate based on the Caltrans 2021 Crash Data on California State Highways Rate *** Segment defined as "Land or Facility that Generates High Concentrations of Bicyclists or Pedestrians" See "Segments with Special Conditions" section for justification

Table 1 - Summary of Recommendations
Street From To ADT
Dist.
(mi.)
Collision
Rate****
Exp.
85%
Speed
10 mi.

Pace
% in
Act. Pace
Posted
Speed
Limit
Rec.

Speed
No. Limit Comments*

CITY OF PINOLE
11 TARA HILLS APPIAN WAY WEST CITY LIMIT 0.7 12,331 0.30 0.11 30 34 25-34 84 % 30 CA MUTCD Option 2

TENNENT
AVENUE

RAILROAD AVENUE PINOLE VALLEY
ROAD
12 0.9 7,494 0.65 0.00 25 31 20-36 84 % 25 Residential Density 2024 Engineering and Traffic Survey Report
* See "Segments with Special Conditions" section for comments on segments using special conditions or AB 43 to maintain the previous or prior ET 12 **** Accident rate units: Fatal and Injury Collisions per One Million Vehicle Miles ** 25 mph when children are present
Act.: Actual Collision Rate
Exp.: Expected Collision Rate based on the Caltrans 2021 Crash Data on California State Highways Rate *** Segment defined as "Land or Facility that Generates High Concentrations of Bicyclists or Pedestrians" See "Segments with Special Conditions" section for justification

Table 2 - Street Segments with Recommended Speed Changes No. Street From To Existing New Change

CITY OF PINOLE
4 PINOLE VALLEY RD TENNENT AVENUE GRANADA COURT 30 25 - 5 5 PINOLE VALLEY RD GRANADA COURT SIMAS AVENUE 35 30 - 5 7 SAN PABLO AVENUE EAST CITY LIMIT OAK RIDGE ROAD 30 25 - 5 8 SAN PABLO AVENUE OAK RIDGE ROAD SUNNYVIEW DRIVE 35 25 - 10 9 SAN PABLO AVENUE SUNNYVIEW DRIVE WEST CITY LIMIT 40 30 - 10 2024 Engineering and Traffic Survey Report 13

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CITY OF PINOLE
Segments with Special Conditions
The following segments surveyed had recommended speed limits that were 5 miles per hour (mph) or more above or below the 85th percentile speed due to conditions not readily apparent to the driver.

Each segment is discussed below.

Segment 1 – Appian Way – San Pablo Avenue to Interstate 80 This segment is currently posted at 35 mph and has two lanes in each direction with an ADT of 14,102 vehicles per day. The adjacent land is residential and commercial with a school zone along the 0.9-milelong segment. The 85th percentile speed is 42 mph and would normally justify a 40 mph posted speed limit using the closest 5 mph speed. Since the 2017 E&T Survey, this segment has not added any additional through lanes and the speed limit was properly set by an E&T Survey. This segment was identified by the City to apply Section 22358.8 of the California Vehicle Code to retain the existing speed limit from the 2017 E&T Survey to keep the speed limit posted at 35 mph. In addition, 25 mph school zones are recommended to remain in place per Section 22352 of the California Vehicle Code.

Segment 3 – Fitzgerald Drive – Richmond Parkway to Appian Way This segment is currently posted at 35 mph and has two lanes in each direction with an ADT of 16,857 vehicles per day. The adjacent land is commercial along the 1.0-mile-long segment. The 85th percentile speed is 40 mph and would normally justify a 40 mph posted speed limit using the closest 5 mph speed.

Since the 2017 E&T Survey, this segment has not added any additional through lanes and the speed limit was properly set by an E&T Survey. This segment was identified by the City to apply Section 22358.8 of the California Vehicle Code to retain the existing speed limit from the 2017 E&T Survey to keep the speed limit posted at 35 mph.

Segment 4 – Pinole Valley Road – Tennent Avenue to Granada Court This segment is currently posted at 30 mph and has two lanes in each direction with an ADT of 14,700 vehicles per day. The adjacent land is residential and commercial with a school along the 1.3-mile-long segment. The 85th percentile speed is 32 mph and would normally justify a 30 mph posted speed limit.

However, due to moderate pedestrian traffic that may not be apparent to unfamiliar drivers, a lower speed limit is prudent. It is recommended that the speed limit be posted at 25 mph for the above reason.

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CITY OF PINOLE
Segment 5 – Pinole Valley Road – Granada Court to Simas Avenue This segment is currently posted at 35 mph and has two through lanes in each direction with an ADT of 10,795 vehicles per day. The adjacent land is residential along the 0.4-mile-long segment. The 85th percentile speed is 41 mph and would normally justify a 40 mph posted speed limit. However, due to hidden driveways, moderate pedestrian use and uncontrolled crosswalks that may not be apparent to unfamiliar drivers, a lower speed limit is prudent. Additionally, this segment is identified as a land or facility that generates high concentrations of bicycles and pedestrians. The segment has sidewalk, crosswalk, and bikeway presence along the corridor. Because this segment is established as a land or facility that generates high concentrations of bicycles and pedestrians, an additional 5 mph reduction can be applied. It is recommended that the speed limit be posted at 30 mph for the above reasons. This recommendation falls within the limitations requiring the recommendation be no more than 12.4 mph under the 85th percentile speed.

Segment 7 – San Pablo Avenue – East City Limit to Oak Ridge Road This segment is currently posted at 30 mph and has two through lanes in each direction with an ADT of 19,905 vehicles per day. The adjacent land is commercial along the 0.6-mile-long segment. The 85th percentile speed is 37 mph and would normally justify a 35 mph posted speed limit. However, due to moderate pedestrian use that may not be apparent to unfamiliar drivers, a lower speed limit is prudent.

Additionally, this segment is identified as a land or facility that generates high concentrations of bicycles and pedestrians. The segment has sidewalk and retail presence along the corridor. Because this segment is established as a land or facility that generates high concentrations of bicycles and pedestrians, an additional 5 mph reduction can be applied. It is recommended that the speed limit be posted at 25 mph for the above reasons. This recommendation falls within the limitations requiring the recommendation be no more than 12.4 mph under the 85th percentile speed.

Segment 8 – San Pablo Avenue – Oak Ridge Road to Sunnyview Drive This segment is currently posted at 35 mph and has two through lanes in each direction with an ADT of 19,032 vehicles per day. The adjacent land is commercial along the 0.9-mile-long segment. The 85th percentile speed is 35 mph and would normally justify a 35 mph posted speed limit. However, due to moderate pedestrian use and uncontrolled crosswalks that may not be apparent to unfamiliar drivers, a lower speed limit is prudent. Additionally, this segment is identified as a land or facility that generates high concentrations of bicycles and pedestrians. The segment has sidewalk and retail presence along the corridor and has had a fatal pedestrian-involved crash in the last 5 years. Because this segment is established as a land or facility that generates high concentrations of bicycles and pedestrians, an additional 5 mph reduction can be applied. It is recommended that the speed limit be posted at 25 mph for the above reasons. This recommendation falls within the limitations requiring the recommendation be no more than 12.4 mph under the 85th percentile speed.

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CITY OF PINOLE
Segment 9 – San Pablo Avenue – Sunnyview Drive to West City Limit This segment is currently posted at 40 mph and has two through lanes in each direction with an ADT of 18,027 vehicles per day. The adjacent land is commercial and a religious facility along the 1.0-mile-long segment. The 85th percentile speed is 41 mph and would normally justify a 40 mph posted speed limit.

However, due to moderate pedestrian use and uncontrolled crosswalks that may not be apparent to unfamiliar drivers, a lower speed limit is prudent. Additionally, this segment is identified as a land or facility that generates high concentrations of bicycles and pedestrians. The segment has sidewalk, crosswalk, religious facility and retail presence along the corridor. Because this segment is established as a land or facility that generates high concentrations of bicycles and pedestrians, an additional 5 mph reduction can be applied. It is recommended that the speed limit be posted at 30 mph for the above reasons. This recommendation falls within the limitations requiring the recommendation be no more than 12.4 mph under the 85th percentile speed.

Segment 10 – Simas Avenue – Pinole Valley Road (East) to Pinole Valley Road (West) This segment is currently posted at 25 mph and has one through lane in each direction with an ADT of 582 vehicles per day. The adjacent land is residential the 1.3 -mile-long segment. The 85th percentile speed is 32 mph and would normally justify a 30 mph posted speed limit. However, due to uncontrolled crosswalks that may not be apparent to unfamiliar drivers and a high residential density, a lower speed limit is prudent. It is recommended that the speed limit remain posted at 25 mph for the above reason.

Segment 12 – Tennent Avenue – Railroad Avenue to Pinole Valley Road This segment is currently posted at 25 mph and has one through lane in each direction with an ADT of 7,494 vehicles per day. The adjacent land is residential with a park and church along the 0.9 -mile-long segment. The 85th percentile speed is 31 mph and would normally justify a 30 mph posted speed limit.

However, due to a high residential density, a lower speed limit is prudent. It is recommended that the speed limit remain posted at 25 mph for the above reason.

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CITY OF PINOLE
Segments defined as Land or Facility that Generates High Concentrations of Bicyclists or Pedestrians
The following segments surveyed had recommended speed limits that added an additional 5 miles per hour (mph) reduction due to conditions that define the segment as a Land or Facility that Generates High Concentrations of Bicyclists or Pedestrians
Table 3 – Segments defined as Land or Facility that Generates High Concentrations of Bicyclists or Pedestrians
No. Street From To
5 Pinole Valley Road Granada Court Simas Avenue
7 San Pablo Avenue East City Limit Oak Ridge Road
8 San Pablo Avenue Oak Ridge Road Sunnyview Drive
9 San Pablo Avenue Sunnyview Drive West City Limit

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CITY OF PINOLE
Legislative References
Applicable Sections of California Vehicle Code
The following sections of the CVC are from the most recently published CVC as of August 2023 and contain new sections pertaining to AB 43.

Engineering and Traffic Surveys
Section 627.
(a) “Engineering and traffic survey,” as used in this code, means a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities.
(b) An engineering and traffic survey shall include, among other requirements deemed necessary by the department, consideration of all of the following:
(1) Prevailing speeds as determined by traffic engineering measurements. (2) Accident records.
(3) Highway, traffic, and roadside conditions not readily apparent to the driver. (c) When conducting an engineering and traffic survey, local authorities, in addition to the factors set forth in paragraphs (1) to (3), inclusive, of subdivision (b) may consider all of the following:
(1) Residential density, if any of the following conditions exist on the particular portion of highway and the property contiguous thereto, other than a business district:
(A) Upon one side of the highway, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses of business structures.
(B) Upon both sides of the highway, collectively, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures.
(C) The portion of highway is longer than one-quarter of a mile but has the ratio of separate dwelling houses or business structures to the length of the highway described in either subparagraph (A) or (B).
(2) Safety of bicyclists and pedestrians, with increased consideration for vulnerable pedestrian groups including children, seniors, persons with disabilities, users of personal assistive mobility devices, and the unhoused.

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CITY OF PINOLE
Basic Speed Law
Section 22350.

No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.

Speed Law Violations
Section 22351.
(a) The speed of any vehicle upon a highway not in excess of the limits specified in Section 22352 or established as authorized in this code is lawful unless clearly proved to be in violation of the basic speed law.
(b) The speed of any vehicle upon a highway in excess of the prima facie speed limits in Section 22352 or established as authorized in this code is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place and under the conditions then existing.

Prima Facie Speed Limits
Section 22352.

The prima facie limits are as follows and shall be applicable unless changed as authorized in this code and, if so changed, only when signs have been erected giving notice thereof:
(a) Fifteen miles per hour:
(1) When traversing a railway grade crossing, if during the last 100 feet of the approach to the crossing the driver does not have a clear and unobstructed view of the crossing and of any traffic on the railway for a distance of 400 feet in both directions along such railway. This subdivision does not apply in the case of any railway grade crossing where a human flagman is on duty or a clearly visible electrical or mechanical railway crossing signal device is installed but does not then indicate the immediate approach of a railway train or car. (2) When traversing any intersection of highways, if during the last 100 feet of the driver’s approach to the intersection, the driver does not have a clear and unobstructed view of the intersection and of any traffic upon all of the highways entering the intersection for a distance of 100 feet along all those highways, except at an intersection protected by stop signs or yield right-of-way signs or controlled by official traffic control signals. (3) On any alley.
(b) Twenty-five miles per hour:
(1) On any highway other than a state highway, in any business or residence district unless a different speed is determined by local authority under procedures set forth in this code.

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CITY OF PINOLE
Section 22357.1.

Notwithstanding Section 22357, a local authority may, by ordinance or resolution, set a prima facie speed limit of 25 miles per hour on any street, other than a state highway, adjacent to any children’s playground in a public park but only during particular hours or days when children are expected to use the facilities. The 25 mile per hour speed limit shall be effective when signs giving notice of the speed limit are posted.

Section 22358.4
(a)
(1) Wherever a local authority determines upon the basis on an engineering and traffic survey that the prima facie speed limit of 25 miles per hour established by subdivision (b) of Section 22352 is more than reasonable or safe, the local authority my, by ordinance or resolution, determine and declare a prima facie speed limit of 20 or 15 miles per hour, whichever is justified as the appropriate speed limit by that survey.
(2) An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected up on the highway.
(b)
(1) Notwithstanding subdivision (a) or any other provision of law, a local authority may, by ordinance or resolution, determine and declare prima facie speed limits as follows:
(A) A 15 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance less than 500 feet from, or passing, a school building or the grounds of a school building, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching, at a distance of less than 500 feet from, or passing, school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a school warning sign that indicates a speed limit of 15 miles per hour.
(B) A 25 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of 500 to 1,000 feet from, a school building or the grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 25 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching, at a distance of 500 to 1,000 feet from, school grounds that are not separated from the highway by a fence, gate, or

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CITY OF PINOLE
other physical barrier while the grounds are in use by children and the highway is posted with a school warning sign that indicates a speed limit of 25 miles per hour. (2) The prima facie limits established under paragraph (1) apply only to highways that meet all of the following conditions:
(A) A maximum of two traffic lanes.
(B) A maximum posted 30 miles per hour prima facie speed limit immediately prior and after the school zone.
(3) The prima facie limits established under paragraph (1) apply to all lanes of an affected highway, in both directions of travel.
(4) When determining the need to lower the prima facie speed limit, the local authority shall take the provisions of Section 627 into consideration.
(5)
(A) An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway. (B) For the purposes of subparagraph (A) of paragraph (1), school warning signs indicating a speed limit of 15 miles per hour may be placed at a distance up to 500 feet away from school grounds.
(C) For the purposes of subparagraph (B) of paragraph (1), school warning signs indicating a speed limit of 25 miles per hour may be placed at a distance between 500 and 1,000 feet away from school grounds.

Business Activity Districts
Section 22358.9.
(a)
(1) Notwithstanding any other law, a local authority may, by ordinance, determine and declare a 25 or 20 miles per hour prima facie speed limit on a highway contiguous to a business activity district when posted with a sign that indicates a speed limit of 25 or 20 miles per hour. (2) The prima facie limits established under paragraph (1) apply only to highways that meet all of the flowing conditions:
(A) A maximum of four traffic lanes.
(B) A maximum posted 30 miles per hour prima facie speed limit immediately prior to and after the business activity district, if establishing a 25 miles per hour speed limit.

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CITY OF PINOLE
(C) A maximum posted 25 miles per hour prima facie speed limit immediately prior to and after the business activity district, if establishing a 20 miles per hour speed limit. (b) As used in this section, a “business activity district” is that a portion of a highway and the property contiguous thereto that includes central or neighborhood downtowns, urban villages, or zoning designations that prioritize commercial land uses at the downtown neighborhood scale and meets at least three of the following requirements in paragraphs (1) to (4), inclusive:
(1) No less than 50 percent of the contiguous property fronting the highway consists of retail or dining commercial uses, including outdoor dining, that open directly onto sidewalks adjacent to the highway.
(2) Parking, including parallel, diagonal, or perpendicular spaces located alongside the highway. (3) Traffic control signals or stop signs regulating traffic flow on the highway, located at intervals of no more than 600 feet.
(4) Marked crosswalks not controlled by a traffic control device. (c) A local authority shall not declare a prima facie speed limit under this section on a portion of a highway where the local authority has already lowered the speed limit as permitted under Section 22358.7, has retained the currently adopted speed limit under Section 22358.8, or has restored the immediately prior adopted speed limit under Section 22358.8. (d) A local authority shall issue only warning citation for violation of exceeding the speed limit by 10 miles per hour or less for the first 30 days that a lower speed limit is in effect as authorized by this section.

Minimum and Maximum Prima Facie Speed Limits
Section 22357.
(a) Whenever a local authority determines upon the basis of an engineering and traffic survey that a speed greater than 25 miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon any street other than a state highway otherwise subject to a prima facie limit of 25 miles per hour, the local authority may by ordinance determine and declare a prima facie speed limit of 30, 35, 40, 45, 50, 55 or 60 miles per hour or a maximum speed limit of 65 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe. The declared prima facie or maximum speed limit shall be effective when appropriate signs giving notice thereof are erected upon the street and shall not thereafter be revised except upon the basis of an engineering and traffic survey. This section does not apply to any 25-mile-per-hour prima facie limit, which is applicable when passing a school building or the grounds thereof or when passing a senior center or other facility primarily used by senior citizens.

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CITY OF PINOLE
Section 22358.
(a) Whenever a local authority determines upon the basis of an engineering and traffic survey that a speed greater than 65 miles per hour is more than is reasonable or safe upon any portion of any street other than a state highway where the limit of 65 miles per hour is applicable, the local authority may by ordinance determine and declare a prima facie speed limit of 60, 55, 45, 40, 35, 30, 25, 20, or 15 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe, which declared prima facie limit shall be effective when appropriate signs giving notice thereof are erected upon the street.

Section 22358.3.

Whenever a local authority determines upon the basis of an engineering and traffic survey that the prima facie speed limit of 25 miles per hour in a business or residence district or in a public park on any street having a roadway not exceeding 25 feet in width, other than a state highway, is more than reasonable or safe, the local authority may, by ordinance or resolution, determine and declare a prima facie speed limit of 20 or 15 miles per hour, whichever is found most appropriate and is reasonable and safe. The declared prima facie speed limit shall be effective when appropriate signs giving notice thereof are erected upon the street.

Section 22360.
(a) Whenever a local authority determines upon the basis of an engineering and traffic survey that the speed limit of 65 miles per hour is more than is reasonable or safe upon any portion of a highway other than a state highway for a distance of not exceeding 2,000 feet in length between district, either business or residence, the local authority may determine and declare a reasonable and safe prima facie limit thereon lower than 65 mile per hour, but not less than 25 miles per hour, which declared prima facie speed limit shall be effective when appropriate signs giving notice thereof are erected upon the street or highway.

Downward Speed Zoning
Section 22358.5.

It is the intent of the Legislature that physical conditions such as width, curvature, grade and surface conditions, or any other condition readily apparent to a driver, in the absence of other factors, would not require special downward speed zoning, as the basic rule of Section 22350 is sufficient regulation as to such conditions.

Safety Corridors and Land or Facility that Generates High Concentrations of Bicyclists or Pedestrians (Added code from AB 43)
Section 22358.7.
(a) If a local authority, after completing an engineering and traffic survey, finds that the speed limit is still more than is reasonable or safe, the local authority may, by ordinance, determine and declare a

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CITY OF PINOLE
prima facie speed limit that has been reduced an additional five miles per hour for either of the following reasons:
(1) The portion of highway has been designated as a safety corridor. A local authority shall not deem more than one-fifth of their streets as safety corridors. (2) A portion of the highway is adjacent to any land or facility that generates high concentrations of bicyclists or pedestrians, especially those from vulnerable groups such as children, seniors, persons with disabilities, and the unhoused.

Maintaining Posted Speeds (Added code from AB 43)
Section 22358.8.
(a) If a local authority, after completing an engineering and traffic survey, finds that the speed limit is still more than is reasonable or safe, the local authority may, by ordinance, retain the currently adopted speed limit or restore the immediately prior adopted speed limit if that speed limit was established with an engineering and traffic survey and if a registered engineer has evaluated the section of highway and determined that no additional general purpose lanes have been added to the roadway since completion of the traffic survey that established that speed limit. (b) This section does not authorize a speed limit to be reduced by any more than five miles per hour from the currently adopted speed limit nor below the immediately prior speed limit. (c) A local authority shall issue only warning citations for violations of exceeding the speed limit by 10 miles per hour or less for the first 30 days that a lower speed limit is in effect as authorized by this section.

Boundary Line Streets
Section 22359.

With respect to boundary line streets and highways where portions thereof are within different jurisdictions, no ordinance adopted under Sections 22357 and 22358 shall be effective as to any such portion until all authorities having jurisdiction of the portions of the street concerned have approved the same. This section shall not apply in the case of boundary line streets consisting of separate roadways within different jurisdictions.

Speed Trap Prohibition
Section 40801.

No peace officer or other person shall use a speed trap in arresting, or participating or assisting in the arrest of, any person for any alleged violation of this code nor shall any speed trap be used in securing evidence as to the speed of any vehicle for the purpose of an arrest or prosecution under this code.

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CITY OF PINOLE
Speed Trap
Section 40802.
(a) A "speed trap" is either of the following:
(1) A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance. (2) A particular section of a highway with a prima facie speed limit that is provided by this code or by local ordinance under subparagraph (A) of paragraph (2) of subdivision (a) of Section 22352, or established under Section 22354, 22357, 22358, or 22358.3, if that prima facie speed limit is not justified by an engineering and traffic survey conducted within five years prior to the date of the alleged violation, and enforcement of the speed limit involves the use of radar or any other electronic device that measures the speed of moving object. This paragraph does not apply to a local street, road, or school zone.
(b)
(1) For purposes of this section, a local street or road is one that is functionally classified as “local” on the “California Road System Maps,” that are approved by the Federal Highway Administration and maintained by the Department of Transportation. It may also be defined as a “local street or road” if it primarily provides access to abutting residential property and meets the following three conditions:
(A) Roadway width of not more than 40 feet.
(B) Not more than one-half of a mile of uninterrupted length. Interruptions shall include official traffic control signals as defined in Section 445.
(C) Not more than one traffic lane in each direction.
(2) For purposes of this section “school zone” means that area approaching or passing a school building or the grounds thereof that is contiguous to a highway and on which is posted a standard “SCHOOL” warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. “School zone” also includes the area approaching or passing any school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children if that highway is posted with a standard “SCHOOL” warning sign.
(3) For purposes of this section, “senior zone” means that area approaching or passing a senior center building or other facility primarily used by senior citizens, or the grounds thereof that is contiguous to a highway and on which is posted a standard “SENIOR” warning sign, pursuant to Section 22352.
(4) For purposes of this section, “business activity district” means a section of highway described in subdivision (b) of Section 22358.9 in which a standard 25 miles per hour of 20 miles per hour speed limit sign has been posted pursuant to paragraph (1) of subdivision (a) of that section.

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(c)
(1) When all the following criteria are met, paragraph (2) of this subdivision shall be applicable and subdivision (a) shall not be applicable:
(A) When radar is used, the arresting officer has successfully completed a radar operator course of not less than 24 hours on the use of police traffic radar, and the course was approved and certified by the Commission on Peace Officer Standards and Training. (B) When laser or any other electronic device is used to measure the speed of moving objects, the arresting officer has successfully completed the training required in subparagraph (A) and an additional training course of not less than two hours approved and certified by the Commission on Peace Officer Standards and Training.
(C)
(i) The prosecution proved that the arresting officer complied with subparagraphs (A) and (B) and that an engineering and traffic survey has been conducted in accordance with subparagraph (B) of paragraph (2). The prosecution proved that, prior to the officer issuing the notice to appear, the arresting officer established that the radar, laser, or other electronic device conformed to the requirements of subparagraph (D). (ii) The prosecution proved the speed of the accused was unsafe for the conditions present at the time of alleged violation unless the citation was for a violation of Section 22349, 22356, or 22406.
(D) The radar, laser, or other electronic device used to measure the speed of the accused meets or exceeds the minimal operational standards of the National Traffic Highway Safety Administration, and has been calibrated within the three years prior to the date of the alleged violation by an independent certified laser or radar repair and testing or calibration facility.
(2) A “speed trap” is either of the following:
(A) A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance. (B)
(i) A particular section of a highway or state highway with a prima facie speed limit that is provided by this code or by local ordinance under paragraph (1) of of subdivision (b) of Section 22352, or established under Section 22354, 22357, 22358, or 22358.3, if that prima facie speed limit is not justified by an engineering and traffic survey conducted within one of the following time periods, prior to the date of the alleged violation, and enforcement of speed limit involves the use of radar or any other electronic device that measures the speed of moving objects:

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(I) Except as specified in subclause (II), seven years. (II) If an engineering and traffic survey was conducted more than seven years prior to the date of the alleged violation, and a registered engineer evaluates the section of the highway and determines that no significant changes in roadway or traffic conditions have occurred including, but not limited to, changes in adjoining property or land use, roadway width, or traffic volume, 14 years. (ii) This subparagraph does not apply to a local street, road, or school zone, senior zone, business activity district, or speed limit adopted under Section 22358.7 or 22358.8.

Speed Trap Evidence
Section 40803.
(a) No evidence as to the speed of a vehicle upon a highway shall be admitted in any court upon the trial of any person in any prosecution under this code upon a charge involving the speed of a vehicle when the evidence is based upon or obtained from or by the maintenance or use of a speed trap. (b) In any prosecution under this code of a charge involving the speed of a vehicle, where enforcement involves the use of radar or other electronic devices which measure the speed of moving objects, the prosecution shall establish, as part of its prima facie case, that the evidence or testimony presented is not based upon a speed trap as defined in paragraph (2) of subdivision (a) of Section 40802.
(c) When a traffic and engineering survey is required pursuant to paragraph (2) of subdivision (a) of Section 40802, evidence that a traffic and engineering survey has been conducted within five years of the date of the alleged violation or evidence that the offense was committed on a local street or road as defined in paragraph (2) of subdivision (a) of Section 40802 shall constitute a prima facie case that the evidence or testimony is not based upon a speed trap as defined in paragraph (2) subdivision (a) of Section 40802.

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CITY OF PINOLE

APPENDIX A
Street Segment Data

2024 ENGINEERING AND TRAFFIC SURVEY Segment 1

CITY OF PINOLE
Date of Speed Survey 2/1/2024
Time of Speed Survey 13:45
85th Percentile Speed 42
50th Percentile Speed 37
10 mph Pace 33-42
Percentage of Vehicles in Pace 78
Posted Speed Limit 35
Total Fatal and Injury Crashes 1
Statewide Average Crash Rate 0.30
Crash Rate 0.07
On-Street Parking None
Length of Segment 0.90
Sidewalks Yes
Driveways Yes
Width 64
Adjacent Land Use Residential, Commercial, School
Field Study By GL Checked By NS

OPERATING CHARACTERISTICS
mph
mph

CRASH HISTORY

ROADWAY CHARACTERISTICS
CERTIFICATION: I, Nicolle Spann, do hereby certify that this Engineering and Traffic Survey within the City of Pinole was performed under my supervision and is accurate and complete. I am duly registered in the State of California as a Professional Engineer (Traffic).

Nicolle Spann Date
fatal and injury crashes/MVM
feet
miles
Speed Limit 35
Use 2017 E&T Recommendation
mph
Justification
mph
fatal and injury crashes/MVM
10/7/2024

RECOMMENDATION
mph
Number of Survey Samples 157
Average Daily Traffic (ADT) 14,102
Number of Lanes 4
Marked Uncontrolled X-Walks At Marlesta
Date of ADT 2/2024
Date Range 4/1/2021-3/31/2024
%

STREET APPIAN WAY
FROM SAN PABLO AVE TO INTERSTATE 80
CERTIFICATION DATE 10/7/2024
Pedestrian Traffic Light
Truck Traffic Light
Vertical Curve Yes
Horizontal Curve Yes
Visibility Good
Roadway Conditions Good
Lighting Yes
2017 ET Speed Limit 35 mph
2010 ET Speed Limit 35 mph
State Registration Number
TR 2933
Type of Traffic Control Signal at San Pablo, Terra Hills, and I-80

2024 ENGINEERING AND TRAFFIC SURVEY Segment 2

CITY OF PINOLE
Date of Speed Survey 2/6/2024
Time of Speed Survey 12:30
85th Percentile Speed 38
50th Percentile Speed 34
10 mph Pace 29-38
Percentage of Vehicles in Pace 80
Posted Speed Limit 35
Total Fatal and Injury Crashes 4
Statewide Average Crash Rate 0.30
Crash Rate 0.25
On-Street Parking Near 2646 Appian
Length of Segment 0.60
Sidewalks Yes
Driveways Yes
Width 60-80
Adjacent Land Use Commercial, Residential
Field Study By GL Checked By NS

OPERATING CHARACTERISTICS
mph
mph

CRASH HISTORY

ROADWAY CHARACTERISTICS
CERTIFICATION: I, Nicolle Spann, do hereby certify that this Engineering and Traffic Survey within the City of Pinole was performed under my supervision and is accurate and complete. I am duly registered in the State of California as a Professional Engineer (Traffic).

Nicolle Spann Date
fatal and injury crashes/MVM
feet
miles
Speed Limit 35
CA MUTCD Option 2
mph
Justification
mph
fatal and injury crashes/MVM
10/7/2024

RECOMMENDATION
mph
Number of Survey Samples 148
Average Daily Traffic (ADT) 24,066
Number of Lanes 2-4
Marked Uncontrolled X-Walks At Argyle, and Mason
Date of ADT 2/2024
Date Range 4/1/2021-3/31/2024
%

STREET APPIAN WAY
FROM INTERSTATE 80 TO SOUTH CITY LIMIT
CERTIFICATION DATE 10/7/2024
Pedestrian Traffic Light
Truck Traffic Light
Vertical Curve No
Horizontal Curve At Michael
Visibility Good
Roadway Conditions Good
Lighting Yes
2017 ET Speed Limit 35 mph
2010 ET Speed Limit 35 mph
State Registration Number
TR 2933
Type of Traffic Control Signal at Fitzgerald

2024 ENGINEERING AND TRAFFIC SURVEY Segment 3

CITY OF PINOLE
Date of Speed Survey 2/6/2024
Time of Speed Survey 14:55
85th Percentile Speed 40
50th Percentile Speed 36
10 mph Pace 31-40
Percentage of Vehicles in Pace 79
Posted Speed Limit 35
Total Fatal and Injury Crashes 2
Statewide Average Crash Rate 0.30
Crash Rate 0.11
On-Street Parking No
Length of Segment 1.00
Sidewalks Yes
Driveways Yes, many
Width 60
Adjacent Land Use Commercial
Field Study By GL Checked By NS

OPERATING CHARACTERISTICS
mph
mph

CRASH HISTORY

ROADWAY CHARACTERISTICS
CERTIFICATION: I, Nicolle Spann, do hereby certify that this Engineering and Traffic Survey within the City of Pinole was performed under my supervision and is accurate and complete. I am duly registered in the State of California as a Professional Engineer (Traffic).

Nicolle Spann Date
fatal and injury crashes/MVM
feet
miles
Speed Limit 35
Use 2017 E&T Recommendation
mph
Justification
mph
fatal and injury crashes/MVM
10/7/2024

RECOMMENDATION
mph
Number of Survey Samples 156
Average Daily Traffic (ADT) 16,857
Number of Lanes 4
Marked Uncontrolled X-Walks None
Date of ADT 2/2024
Date Range 4/1/2021-3/31/2024
%

STREET FITZGERALD DR

FROM RICHMOND PKWY TO APPIAN WAY
CERTIFICATION DATE 10/7/2024
Pedestrian Traffic Light
Truck Traffic Light
Vertical Curve No
Horizontal Curve Near 1441 Fitzgerald
Visibility Good
Roadway Conditions Good
Lighting Yes
2017 ET Speed Limit 35 mph
2010 ET Speed Limit 30 mph
State Registration Number
TR 2933
Type of Traffic Control Signal at "Target", "Best Buy", and "Pinole Vista"

2024 ENGINEERING AND TRAFFIC SURVEY Segment 4

CITY OF PINOLE
Date of Speed Survey 2/7/2024
Time of Speed Survey 9:00
85th Percentile Speed 32
50th Percentile Speed 29
10 mph Pace 23-32
Percentage of Vehicles in Pace 88
Posted Speed Limit 30
Total Fatal and Injury Crashes 0
Statewide Average Crash Rate 0.30
Crash Rate 0.00
On-Street Parking Yes
Length of Segment 1.30
Sidewalks Yes
Driveways Yes
Width 64
Adjacent Land Use Residential, Commercial, School
Field Study By GL Checked By NS

OPERATING CHARACTERISTICS
mph
mph

CRASH HISTORY

ROADWAY CHARACTERISTICS
CERTIFICATION: I, Nicolle Spann, do hereby certify that this Engineering and Traffic Survey within the City of Pinole was performed under my supervision and is accurate and complete. I am duly registered in the State of California as a Professional Engineer (Traffic).

Nicolle Spann Date
fatal and injury crashes/MVM
feet
miles
Speed Limit 25
Moderate Pedestrian Use
mph
Justification
mph
fatal and injury crashes/MVM
10/7/2024

RECOMMENDATION
mph
Number of Survey Samples 157
Average Daily Traffic (ADT) 14,700
Number of Lanes 2-4
Marked Uncontrolled X-Walks None
Date of ADT 2/2024
Date Range 4/1/2021-3/31/2024
%

STREET PINOLE VALLEY RD

FROM TENNENT AVENUE TO GRANADA COURT
CERTIFICATION DATE 10/7/2024
Pedestrian Traffic Moderate
Truck Traffic Light
Vertical Curve No
Horizontal Curve Yes
Visibility Good
Roadway Conditions Good
Lighting Yes
2017 ET Speed Limit 30 mph
2010 ET Speed Limit 30 mph
State Registration Number
TR 2933
Type of Traffic Control Signal:Henry, Kaiser, I-80, Estates,Ramona; Stop: Shea

2024 ENGINEERING AND TRAFFIC SURVEY Segment 5

CITY OF PINOLE
Date of Speed Survey 2/8/2024
Time of Speed Survey 10:30
85th Percentile Speed 41
50th Percentile Speed 37
10 mph Pace 32-41
Percentage of Vehicles in Pace 80
Posted Speed Limit 35
Total Fatal and Injury Crashes 0
Statewide Average Crash Rate 0.30
Crash Rate 0.00
On-Street Parking Yes
Length of Segment 0.40
Sidewalks Yes
Driveways Yes
Width 64
Adjacent Land Use Residential
Field Study By GL Checked By NS

OPERATING CHARACTERISTICS
mph
mph

CRASH HISTORY

ROADWAY CHARACTERISTICS
CERTIFICATION: I, Nicolle Spann, do hereby certify that this Engineering and Traffic Survey within the City of Pinole was performed under my supervision and is accurate and complete. I am duly registered in the State of California as a Professional Engineer (Traffic).

Nicolle Spann Date
fatal and injury crashes/MVM
feet
miles
Speed Limit 30
Hidden Driveways, Uncontrolled Crosswalks
mph
Justification
mph
fatal and injury crashes/MVM
10/7/2024

RECOMMENDATION
mph
Number of Survey Samples 207
Average Daily Traffic (ADT) 10,795
Number of Lanes 4
Marked Uncontrolled X-Walks None
Date of ADT 2/2024
Date Range 4/1/2021-3/31/2024
%

STREET PINOLE VALLEY RD

FROM GRANADA COURT TO SIMAS AVENUE
CERTIFICATION DATE 10/7/2024
Pedestrian Traffic Moderate
Truck Traffic Light
Vertical Curve No
Horizontal Curve Yes
Visibility Good
Roadway Conditions Good
Lighting Yes
2017 ET Speed Limit 35 mph
2010 ET Speed Limit 35 mph
State Registration Number
TR 2933
Land or Facility that Generates High Concentrations of Bikes or Peds Type of Traffic Control Stop at Simas

2024 ENGINEERING AND TRAFFIC SURVEY Segment 6

CITY OF PINOLE
Date of Speed Survey 2/8/2024
Time of Speed Survey 11:40
85th Percentile Speed 38
50th Percentile Speed 35
10 mph Pace 30-39
Percentage of Vehicles in Pace 88
Posted Speed Limit 35
Total Fatal and Injury Crashes 0
Statewide Average Crash Rate 0.30
Crash Rate 0.00
On-Street Parking Yes
Length of Segment 1.90
Sidewalks Yes
Driveways Yes
Width 24-36
Adjacent Land Use Residential, School
Field Study By GL Checked By NS

OPERATING CHARACTERISTICS
mph
mph

CRASH HISTORY

ROADWAY CHARACTERISTICS
CERTIFICATION: I, Nicolle Spann, do hereby certify that this Engineering and Traffic Survey within the City of Pinole was performed under my supervision and is accurate and complete. I am duly registered in the State of California as a Professional Engineer (Traffic).

Nicolle Spann Date
fatal and injury crashes/MVM
feet
miles
Speed Limit 35
CA MUTCD Option 2
mph
Justification
mph
fatal and injury crashes/MVM
10/7/2024

RECOMMENDATION
mph
Number of Survey Samples 177
Average Daily Traffic (ADT) 7,387
Number of Lanes 2
Marked Uncontrolled X-Walks At Savage, Monte Verde, Simas, Wright Date of ADT 2/2024
Date Range 4/1/2021-3/31/2024
%

STREET PINOLE VALLEY RD

FROM SIMAS AVENUE TO SOUTH CITY LIMIT
CERTIFICATION DATE 10/7/2024
Pedestrian Traffic Light
Truck Traffic Light
Vertical Curve No
Horizontal Curve Yes
Visibility Good
Roadway Conditions Good
Lighting Yes
2017 ET Speed Limit 35 mph
2010 ET Speed Limit 35 mph
State Registration Number
TR 2933
Type of Traffic Control None

2024 ENGINEERING AND TRAFFIC SURVEY Segment 7

CITY OF PINOLE
Date of Speed Survey 2/7/2024
Time of Speed Survey 14:15
85th Percentile Speed 37
50th Percentile Speed 33
10 mph Pace 24-46
Percentage of Vehicles in Pace 76
Posted Speed Limit 30
Total Fatal and Injury Crashes 0
Statewide Average Crash Rate 0.30
Crash Rate 0.00
On-Street Parking Yes
Length of Segment 0.60
Sidewalks Yes
Driveways Yes
Width 64
Adjacent Land Use Commercial
Field Study By GL Checked By NS

OPERATING CHARACTERISTICS
mph
mph

CRASH HISTORY

ROADWAY CHARACTERISTICS
CERTIFICATION: I, Nicolle Spann, do hereby certify that this Engineering and Traffic Survey within the City of Pinole was performed under my supervision and is accurate and complete. I am duly registered in the State of California as a Professional Engineer (Traffic).

Nicolle Spann Date
fatal and injury crashes/MVM
feet
miles
Speed Limit 25
Moderate Pedestrian Use
mph
Justification
mph
fatal and injury crashes/MVM
10/7/2024

RECOMMENDATION
mph
Number of Survey Samples 173
Average Daily Traffic (ADT) 19,905
Number of Lanes 4
Marked Uncontrolled X-Walks None
Date of ADT 2/2024
Date Range 4/1/2021-3/31/2024
%

STREET SAN PABLO AVENUE

FROM EAST CITY LIMIT TO OAK RIDGE ROAD
CERTIFICATION DATE 10/7/2024
Pedestrian Traffic Moderate
Truck Traffic Moderate
Vertical Curve No
Horizontal Curve No
Visibility Good
Roadway Conditions Good
Lighting Yes
2017 ET Speed Limit 30 mph
2010 ET Speed Limit 25 mph
State Registration Number
TR 2933
Land or Facility that Generates High Concentrations of Bikes or Peds Type of Traffic Control Signal at Tennent, Quilan, Fernandez and Oak Ridge

2024 ENGINEERING AND TRAFFIC SURVEY Segment 8

CITY OF PINOLE
Date of Speed Survey 2/8/2024
Time of Speed Survey 10:45
85th Percentile Speed 35
50th Percentile Speed 31
10 mph Pace 26-35
Percentage of Vehicles in Pace 81
Posted Speed Limit 35
Total Fatal and Injury Crashes 1
Statewide Average Crash Rate 0.02
Crash Rate 0.05
On-Street Parking Yes
Length of Segment 0.90
Sidewalks Yes
Driveways Yes
Width 24-36
Adjacent Land Use Commercial
Field Study By GL Checked By NS

OPERATING CHARACTERISTICS
mph
mph

CRASH HISTORY

ROADWAY CHARACTERISTICS
CERTIFICATION: I, Nicolle Spann, do hereby certify that this Engineering and Traffic Survey within the City of Pinole was performed under my supervision and is accurate and complete. I am duly registered in the State of California as a Professional Engineer (Traffic).

Nicolle Spann Date
fatal and injury crashes/MVM
feet
miles
Speed Limit 25
Uncontrolled Crosswalks, Moderate Pedestrian Use
mph
Justification
mph
fatal and injury crashes/MVM
10/7/2024

RECOMMENDATION
mph
Number of Survey Samples 173
Average Daily Traffic (ADT) 19,032
Number of Lanes 4
Marked Uncontrolled X-Walks At Alvarez, Jones, Third, & Adams Date of ADT 2/2024
Date Range 4/1/2021-3/31/2024
%

STREET SAN PABLO AVENUE

FROM OAK RIDGE ROAD TO SUNNYVIEW DRIVE
CERTIFICATION DATE 10/7/2024
Pedestrian Traffic Moderate
Truck Traffic Light
Vertical Curve No
Horizontal Curve No
Visibility Good
Roadway Conditions Good
Lighting Yes
2017 ET Speed Limit 35 mph
2010 ET Speed Limit 35 mph
State Registration Number
TR 2933
Land or Facility that Generates High Concentrations of Bikes or Peds Type of Traffic Control Signal at Oak Ridge, Appian and Sunnyview

2024 ENGINEERING AND TRAFFIC SURVEY Segment 9

CITY OF PINOLE
Date of Speed Survey 2/7/2024
Time of Speed Survey 12:50
85th Percentile Speed 41
50th Percentile Speed 37
10 mph Pace 32-41
Percentage of Vehicles in Pace 81
Posted Speed Limit 40
Total Fatal and Injury Crashes 1
Statewide Average Crash Rate 0.37
Crash Rate 0.05
On-Street Parking Yes
Length of Segment 1.00
Sidewalks Yes
Driveways Yes
Width 64
Adjacent Land Use Commercial, Church
Field Study By GL Checked By NS

OPERATING CHARACTERISTICS
mph
mph

CRASH HISTORY

ROADWAY CHARACTERISTICS
CERTIFICATION: I, Nicolle Spann, do hereby certify that this Engineering and Traffic Survey within the City of Pinole was performed under my supervision and is accurate and complete. I am duly registered in the State of California as a Professional Engineer (Traffic).

Nicolle Spann Date
fatal and injury crashes/MVM
feet
miles
Speed Limit 30
Uncontrolled Crosswalks, Moderate Pedestrian Use
mph
Justification
mph
fatal and injury crashes/MVM
10/7/2024

RECOMMENDATION
mph
Number of Survey Samples 169
Average Daily Traffic (ADT) 18,027
Number of Lanes 4
Marked Uncontrolled X-Walks At Meadow, and Walter
Date of ADT 2/2024
Date Range 4/1/2021-3/31/2024
%

STREET SAN PABLO AVENUE

FROM SUNNYVIEW DRIVE TO WEST CITY LIMIT
CERTIFICATION DATE 10/7/2024
Pedestrian Traffic Moderate
Truck Traffic Light
Vertical Curve No
Horizontal Curve No
Visibility Good
Roadway Conditions Good
Lighting Yes
2017 ET Speed Limit 40 mph
2010 ET Speed Limit 40 mph
State Registration Number
TR 2933
Land or Facility that Generates High Concentrations of Bikes or Peds Type of Traffic Control Signal at Pinole Shores, Del Monte and Tara Hills

2024 ENGINEERING AND TRAFFIC SURVEY Segment 10

CITY OF PINOLE
Date of Speed Survey 2/8/2024
Time of Speed Survey 12:45
85th Percentile Speed 32
50th Percentile Speed 27
10 mph Pace 22-31
Percentage of Vehicles in Pace 78
Posted Speed Limit 25
Total Fatal and Injury Crashes 1
Statewide Average Crash Rate 0.65
Crash Rate 1.21
On-Street Parking Yes
Length of Segment 1.30
Sidewalks Yes
Driveways Yes
Width 40
Adjacent Land Use Residential
Field Study By GL Checked By NS

OPERATING CHARACTERISTICS
mph
mph

CRASH HISTORY

ROADWAY CHARACTERISTICS
CERTIFICATION: I, Nicolle Spann, do hereby certify that this Engineering and Traffic Survey within the City of Pinole was performed under my supervision and is accurate and complete. I am duly registered in the State of California as a Professional Engineer (Traffic).

Nicolle Spann Date
fatal and injury crashes/MVM
feet
miles
Speed Limit 25
Residential Density, Uncontrolled Crosswalks
mph
Justification
mph
fatal and injury crashes/MVM
10/7/2024

RECOMMENDATION
mph
Number of Survey Samples 105
Average Daily Traffic (ADT) 582
Number of Lanes 2
Marked Uncontrolled X-Walks At Hermosa, Silver, and Savage Date of ADT 2/2024
Date Range 4/1/2021-3/31/2024
%

STREET SIMAS AVENUE

FROM PINOLE VALLEY RD (EAST) TO PINOLE VALLEY (WEST)
CERTIFICATION DATE 10/7/2024
Pedestrian Traffic Light
Truck Traffic Light
Vertical Curve Yes
Horizontal Curve Yes
Visibility Good
Roadway Conditions Good
Lighting Yes
2017 ET Speed Limit 25 mph
2010 ET Speed Limit 25 mph
State Registration Number
TR 2933
Type of Traffic Control Stop at both Pinole Valley Road intersections

2024 ENGINEERING AND TRAFFIC SURVEY Segment 11

CITY OF PINOLE
Date of Speed Survey 2/7/2024
Time of Speed Survey 10:30
85th Percentile Speed 34
50th Percentile Speed 31
10 mph Pace 25-34
Percentage of Vehicles in Pace 84
Posted Speed Limit 30
Total Fatal and Injury Crashes 1
Statewide Average Crash Rate 0.30
Crash Rate 0.11
On-Street Parking Yes
Length of Segment 0.70
Sidewalks Yes
Driveways Yes
Width 64
Adjacent Land Use Commercial, Residential
Field Study By GL Checked By NS

OPERATING CHARACTERISTICS
mph
mph

CRASH HISTORY

ROADWAY CHARACTERISTICS
CERTIFICATION: I, Nicolle Spann, do hereby certify that this Engineering and Traffic Survey within the City of Pinole was performed under my supervision and is accurate and complete. I am duly registered in the State of California as a Professional Engineer (Traffic).

Nicolle Spann Date
fatal and injury crashes/MVM
feet
miles
Speed Limit 30
CA MUTCD Option 2
mph
Justification
mph
fatal and injury crashes/MVM
10/7/2024

RECOMMENDATION
mph
Number of Survey Samples 154
Average Daily Traffic (ADT) 12,331
Number of Lanes 4
Marked Uncontrolled X-Walks None
Date of ADT 2/2024
Date Range 4/1/2021-3/31/2024
%

STREET TARA HILLS

FROM APPIAN WAY TO WEST CITY LIMIT
CERTIFICATION DATE 10/7/2024
Pedestrian Traffic Light
Truck Traffic Light
Vertical Curve Yes
Horizontal Curve Yes
Visibility Good
Roadway Conditions Good
Lighting Yes
2017 ET Speed Limit 30 mph
2010 ET Speed Limit 30 mph
State Registration Number
TR 2933
Type of Traffic Control Signal at Appian, "Safeway"; Stop at Shawn, Kildare

2024 ENGINEERING AND TRAFFIC SURVEY Segment 12

CITY OF PINOLE
Date of Speed Survey 2/8/2024
Time of Speed Survey 9:00
85th Percentile Speed 31
50th Percentile Speed 27
10 mph Pace 20-36
Percentage of Vehicles in Pace 84
Posted Speed Limit 25
Total Fatal and Injury Crashes 0
Statewide Average Crash Rate 0.65
Crash Rate 0.00
On-Street Parking Yes
Length of Segment 0.90
Sidewalks Yes
Driveways Yes
Width 34-44
Adjacent Land Use Residential, Park, Church
Field Study By GL Checked By NS

OPERATING CHARACTERISTICS
mph
mph

CRASH HISTORY

ROADWAY CHARACTERISTICS
CERTIFICATION: I, Nicolle Spann, do hereby certify that this Engineering and Traffic Survey within the City of Pinole was performed under my supervision and is accurate and complete. I am duly registered in the State of California as a Professional Engineer (Traffic).

Nicolle Spann Date
fatal and injury crashes/MVM
feet
miles
Speed Limit 25
Residential Density
mph
Justification
mph
fatal and injury crashes/MVM
10/7/2024

RECOMMENDATION
mph
Number of Survey Samples 109
Average Daily Traffic (ADT) 7,494
Number of Lanes 2
Marked Uncontrolled X-Walks At Pear & Plum
Date of ADT 2/2024
Date Range 4/1/2021-3/31/2024
%

STREET TENNENT AVENUE

FROM RAILROAD AVENUE TO PINOLE VALLEY ROAD
CERTIFICATION DATE 10/7/2024
Pedestrian Traffic Light
Truck Traffic Light
Vertical Curve No
Horizontal Curve No
Visibility Good
Roadway Conditions Good
Lighting Yes
2017 ET Speed Limit 25 mph
2010 ET Speed Limit 25 mph
State Registration Number
TR 2933
Type of Traffic Control Signal at San Pablo, Pinole Vly; Stop at Park, La Salle

2024 Engineering and Traffic Survey Report

CITY OF PINOLE

APPENDIX B
Radar Speed Distribution Forms

Spot Speed Study
Prepared by: National Data & Surveying Services
Northbound & Southbound
DATE: Location:

DAY: Posted Speed: 35 MPH
Speed
mph ALL Vehicles
<=10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 1
28 29 2
30 31
32 5
33 2
34 8
35 5
36 15
37 10
38 13
39 10
40 14
41 14
42 11
43 9
44 2
45 5
46 5
47 3
48 3
49 1
50 1
51 2
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
>=70
Class Count
Average
Speed Range
50th
Percentile
85th
Percentile
10 MPH
Pace # in Pace
Percent in
Pace % / # Below Pace % / # Above Pace
ALL 141 39.5 27 - 51 39 mph 44 mph 34 - 43 109 77% 7% / 10 16% / 22

SPEED PARAMETERS
Appian Way Bet. San Pablo Ave & I-80
City of Pinole
Northbound & Southbound Spot Speeds
Tuesday
9/13/2016
Project #: 16-7602-001
0 2 4 6 8 10 12 14 16
70 68
66 64
62 60
58 56
54 52
50 48
46 44
42 40
38 36
34 32
30 28
26 24
22 20
18 16
14 12
10 Speed - MPH
Number of Vehicles

Spot Speed Study
Prepared by: National Data & Surveying Services
Northbound & Southbound
DATE: Location:

DAY: Posted Speed: 35 MPH
Speed
mph ALL Vehicles
<=10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 5
28 29 5
30 6
31 4
32 21
33 14
34 16
35 6
36 11
37 6
38 13
39 7
40 7
41 4
42 2
43 44 1
45 46
47 48
49 50
51 52
53 54
55 56
57 58
59 60
61 62
63 64
65 66
67 68
69 >=70
Class Count
Average
Speed Range
50th
Percentile
85th
Percentile
10 MPH
Pace # in Pace
Percent in
Pace % / # Below Pace % / # Above Pace
ALL 128 34.6 27 - 44 34 mph 39 mph 31 - 40 105 82% 12% / 16 6% / 7

SPEED PARAMETERS
Appian Way Bet. I-80 & South City Limit
City of Pinole
Northbound & Southbound Spot Speeds
Tuesday
9/13/2016
Project #: 16-7602-002
0 2 4 6 8 10 12 14 16 18 20 22 24
70 68
66 64
62 60
58 56
54 52
50 48
46 44
42 40
38 36
34 32
30 28
26 24
22 20
18 16
14 12
10 Speed - MPH
Number of Vehicles

Spot Speed Study
Prepared by: National Data & Surveying Services
Eastbound & Westbound
DATE: Location:

DAY: Posted Speed: 35 MPH
Speed
mph ALL Vehicles
<=10
11 12
13 14
15 16
17 18
19 20
21 22 1
23 24
25 26 1
27 28 8
29 2
30 3
31 2
32 6
33 9
34 2
35 3
36 7
37 6
38 39 2
40 1
41 1
42 43
44 45
46 47
48 49
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
>=70
Class Count
Average
Speed Range
50th
Percentile
85th
Percentile
10 MPH
Pace # in Pace
Percent in
Pace % / # Below Pace % / # Above Pace
ALL 54 32.9 22 - 41 33 mph 37 mph 28 - 37 48 89% 3% / 2 8% / 4

SPEED PARAMETERS
Fitzgerald Dr Bet. Richmond Pkwy & Appian Way
City of Pinole
Eastbound Spot Speeds
Tuesday
9/13/2016
Project #: 16-7602-003
0 2 4 6 8 10
70 68
66 64
62 60
58 56
54 52
50 48
46 44
42 40
38 36
34 32
30 28
26 24
22 20
18 16
14 12
10 Speed - MPH
Number of Vehicles

Spot Speed Study
Prepared by: National Data & Surveying Services
Northbound & Southbound
DATE: Location:

DAY: Posted Speed: 30 MPH
Speed
mph ALL Vehicles
<=10
11 12
13 14
15 16
17 18
19 20
21 22
23 2
24 9
25 11
26 19
27 13
28 5
29 19
30 22
31 8
32 6
33 4
34 3
35 1
36 37 1
38 39
40 41
42 43
44 45
46 47
48 49
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
>=70
Class Count
Average
Speed Range
50th
Percentile
85th
Percentile
10 MPH
Pace # in Pace
Percent in
Pace % / # Below Pace % / # Above Pace
ALL 123 28.3 23 - 37 29 mph 31 mph 24 - 33 116 94% 1% / 2 5% / 5

SPEED PARAMETERS
Pinole Valley Rd Bet. Tennent Ave & I-80
City of Pinole
Northbound & Southbound Spot Speeds
Tuesday
9/13/2016
Project #: 16-7602-004
0 2 4 6 8 10 12 14 16 18 20 22 24
70 68
66 64
62 60
58 56
54 52
50 48
46 44
42 40
38 36
34 32
30 28
26 24
22 20
18 16
14 12
10 Speed - MPH
Number of Vehicles

Spot Speed Study
Prepared by: National Data & Surveying Services
Northbound & Southbound
DATE: Location:

DAY: Posted Speed: 30 MPH
Speed
mph ALL Vehicles
<=10
11 12
13 14
15 16
17 18
19 20
21 22
23 1
24 2
25 2
26 5
27 2
28 4
29 6
30 14
31 15
32 10
33 16
34 9
35 11
36 8
37 3
38 3
39 3
40 2
41 3
42 43 1
44 45
46 47
48 49
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
>=70
Class Count
Average
Speed Range
50th
Percentile
85th
Percentile
10 MPH
Pace # in Pace
Percent in
Pace % / # Below Pace % / # Above Pace
ALL 120 32.4 23 - 43 32 mph 36 mph 28 - 37 96 80% 10% / 12 10% / 12

SPEED PARAMETERS
Pinole Valley Rd Bet. Granada Court & Simas Ave
City of Pinole
Northbound & Southbound Spot Speeds
Tuesday
9/13/2016
Project #: 16-7602-006
0 2 4 6 8 10 12 14 16 18
70 68
66 64
62 60
58 56
54 52
50 48
46 44
42 40
38 36
34 32
30 28
26 24
22 20
18 16
14 12
10 Speed - MPH
Number of Vehicles

Spot Speed Study
Prepared by: National Data & Surveying Services
Northbound & Southbound
DATE: Location:

DAY: Posted Speed: 35 MPH
Speed
mph ALL Vehicles
<=10
11 12
13 14
15 16
17 18
19 20
21 1
22 23
24 25
26 27
28 4
29 3
30 6
31 7
32 14
33 7
34 14
35 15
36 15
37 9
38 13
39 7
40 6
41 3
42 1
43 1
44 45
46 1
47 48
49 50
51 52
53 54
55 56
57 58
59 60
61 62
63 64
65 66
67 68
69 >=70
Class Count
Average
Speed Range
50th
Percentile
85th
Percentile
10 MPH
Pace # in Pace
Percent in
Pace % / # Below Pace % / # Above Pace
ALL 127 34.9 21 - 46 35 mph 38 mph 30 - 39 107 84% 6% / 8 10% / 12

SPEED PARAMETERS
Pinole Valley Rd Bet. Simas Ave & South City Limit
City of Pinole
Northbound & Southbound Spot Speeds
Tuesday
9/13/2016
Project #: 16-7602-007
0 2 4 6 8 10 12 14 16
70 68
66 64
62 60
58 56
54 52
50 48
46 44
42 40
38 36
34 32
30 28
26 24
22 20
18 16
14 12
10 Speed - MPH
Number of Vehicles

Spot Speed Study
Prepared by: National Data & Surveying Services
Eastbound & Westbound
DATE: Location:

DAY: Posted Speed: 25 MPH
Speed
mph ALL Vehicles
<=10
11 12
13 14
15 16
17 18
19 20 1
21 1
22 1
23 24 7
25 8
26 7
27 7
28 18
29 10
30 9
31 10
32 15
33 7
34 10
35 6
36 3
37 1
38 5
39 2
40 41 1
42 43
44 45
46 47
48 49
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
>=70
Class Count
Average
Speed Range
50th
Percentile
85th
Percentile
10 MPH
Pace # in Pace
Percent in
Pace % / # Below Pace % / # Above Pace
ALL 129 30.2 20 - 41 30 mph 34 mph 25 - 34 101 78% 7% / 10 14% / 18

SPEED PARAMETERS
San Pablo Ave Bet. Pinole Valley Rd & Oak Ridge Ave
City of Pinole
Eastbound & Westbound Spot Speeds
Tuesday
9/13/2016
Project #: 16-7602-009
0 2 4 6 8 10 12 14 16 18 20
70 68
66 64
62 60
58 56
54 52
50 48
46 44
42 40
38 36
34 32
30 28
26 24
22 20
18 16
14 12
10 Speed - MPH
Number of Vehicles
Rd Page 263 of 403
Spot Speed Study
Prepared by: National Data & Surveying Services
Eastbound & Westbound
DATE: Location:

DAY: Posted Speed: 25 MPH
Speed
mph ALL Vehicles
<=10
11 12
13 14
15 16
17 18
19 20 1
21 22
23 24
25 1
26 2
27 3
28 9
29 2
30 8
31 13
32 15
33 13
34 9
35 6
36 7
37 8
38 3
39 2
40 4
41 1
42 43 1
44 1
45 46
47 48
49 50
51 52
53 54
55 56
57 58
59 60
61 62
63 64
65 66
67 68
69 >=70
Class Count
Average
Speed Range
50th
Percentile
85th
Percentile
10 MPH
Pace # in Pace
Percent in
Pace % / # Below Pace % / # Above Pace
ALL 109 32.9 20 - 44 33 mph 37 mph 28 - 37 90 83% 6% / 7 12% / 12

SPEED PARAMETERS
San Pablo Ave Bet. Oak Ridge Ave & Appian Way
City of Pinole
Eastbound & Westbound Spot Speeds
Tuesday
9/13/2016
Project #: 16-7602-010
0 2 4 6 8 10 12 14 16
70 68
66 64
62 60
58 56
54 52
50 48
46 44
42 40
38 36
34 32
30 28
26 24
22 20
18 16
14 12
10 Speed - MPH
Number of Vehicles
Rd Page 264 of 403
Spot Speed Study
Prepared by: National Data & Surveying Services
Eastbound & Westbound
DATE: Location:

DAY: Posted Speed: 40 MPH
Speed
mph ALL Vehicles
<=10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26 1
27 28 1
29 2
30 2
31 3
32 11
33 6
34 6
35 9
36 14
37 12
38 9
39 15
40 6
41 3
42 4
43 2
44 2
45 2
46 3
47 1
48 49 1
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
>=70
Class Count
Average
Speed Range
50th
Percentile
85th
Percentile
10 MPH
Pace # in Pace
Percent in
Pace % / # Below Pace % / # Above Pace
ALL 115 36.9 26 - 49 37 mph 41 mph 31 - 40 91 79% 5% / 6 16% / 18

SPEED PARAMETERS
San Pablo Ave Bet. Sunnyview Dr & West City Limit
City of Pinole
Eastbound & Westbound Spot Speeds
Tuesday
9/13/2016
Project #: 16-7602-012
0 2 4 6 8 10 12 14 16
70 68
66 64
62 60
58 56
54 52
50 48
46 44
42 40
38 36
34 32
30 28
26 24
22 20
18 16
14 12
10 Speed - MPH
Number of Vehicles

Spot Speed Study
Prepared by: National Data & Surveying Services
Northbound & Southbound
DATE: Location:

DAY: Posted Speed: 25 MPH
Speed
mph ALL Vehicles
<=10
11 12
13 14
15 16
17 18
19 20
21 22 1
23 3
24 3
25 18
26 14
27 13
28 16
29 2
30 10
31 6
32 4
33 3
34 4
35 3
36 37 1
38 39
40 41
42 43
44 45
46 47
48 49
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
>=70
Class Count
Average
Speed Range
50th
Percentile
85th
Percentile
10 MPH
Pace # in Pace
Percent in
Pace % / # Below Pace % / # Above Pace
ALL 101 28.0 22 - 37 27 mph 31 mph 25 - 34 90 89% 6% / 7 4% / 4

SPEED PARAMETERS
Simas Ave Bet. Pinole Valley Rd & Mendocino Dr
City of Pinole
Northbound & Southbound Spot Speeds
Wednesday
9/14/2016
Project #: 16-7602-014
0 2 4 6 8 10 12 14 16 18 20
70 68
66 64
62 60
58 56
54 52
50 48
46 44
42 40
38 36
34 32
30 28
26 24
22 20
18 16
14 12
10 Speed - MPH
Number of Vehicles

Spot Speed Study
Prepared by: National Data & Surveying Services
Eastbound & Westbound
DATE: Location:

DAY: Posted Speed: 30 MPH
Speed
mph ALL Vehicles
<=10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 1
26 10
27 22
28 13
29 14
30 13
31 9
32 12
33 8
34 6
35 7
36 3
37 3
38 1
39 40
41 42 1
43 44
45 46
47 48
49 50
51 52
53 54
55 56
57 58
59 60
61 62
63 64
65 66
67 68
69 >=70
Class Count
Average
Speed Range
50th
Percentile
85th
Percentile
10 MPH
Pace # in Pace
Percent in
Pace % / # Below Pace % / # Above Pace
ALL 123 30.2 25 - 42 30 mph 34 mph 26 - 35 114 93% 0% / 1 7% / 8

SPEED PARAMETERS
Tara Hills Dr Bet. Appian Way & West City Limit
City of Pinole
Eastbound & Westbound Spot Speeds
Wednesday
9/14/2016
Project #: 16-7602-015
0 2 4 6 8 10 12 14 16 18 20 22 24
70 68
66 64
62 60
58 56
54 52
50 48
46 44
42 40
38 36
34 32
30 28
26 24
22 20
18 16
14 12
10 Speed - MPH
Number of Vehicles

Spot Speed Study
Prepared by: National Data & Surveying Services
Northbound & Southbound
DATE: Location:

DAY: Posted Speed: 25 MPH
Speed
mph ALL Vehicles
<=10
11 12
13 14
15 16
17 18
19 20
21 1
22 23 6
24 12
25 17
26 14
27 12
28 10
29 6
30 6
31 5
32 4
33 2
34 1
35 2
36 1
37 1
38 1
39 1
40 41
42 43
44 45
46 47
48 49
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
>=70
Class Count
Average
Speed Range
50th
Percentile
85th
Percentile
10 MPH
Pace # in Pace
Percent in
Pace % / # Below Pace % / # Above Pace
ALL 102 27.4 21 - 39 27 mph 31 mph 23 - 32 92 90% 0% / 1 9% / 9

SPEED PARAMETERS
Tennent Ave Bet. Railroad Ave & San Pablo Ave
City of Pinole
Northbound & Southbound Spot Speeds
Wednesday
9/14/2016
Project #: 16-7602-016
0 2 4 6 8 10 12 14 16 18
70 68
66 64
62 60
58 56
54 52
50 48
46 44
42 40
38 36
34 32
30 28
26 24
22 20
18 16
14 12
10 Speed - MPH
Number of Vehicles

2024 Engineering and Traffic Survey Report

CITY OF PINOLE

APPENDIX C
Survey Equipment

2024 Engineering and Traffic Survey Report

CITY OF PINOLE
Survey Equipment Used
The radar equipment used by National Data & Surveying Services to collect speed measurements for this survey was a Stalker Solo-III Model Hand-Held Traffic Radar and a Astro Products Phantom-III Model Hand-Held Traffic Radar manufactured by Applied Concepts of Plano, Texas and US Radar, Inc of Decatur, Illinois respectively. The calibration of each unit was checked before each series of measurements were taken. Tests of the units were conducted in accordance with the manufacturer's specifications. The Stalker Solo-III Hand-Held Traffic Radar and Astro Products Phantom-III Model HandHeld Traffic Radar were last calibrated on September 12, 2016 by RHF Inc and December 16, 2013 respectively.

2024 Engineering and Traffic Survey Report

CITY OF PINOLE

2024 Engineering and Traffic Survey Report

CITY OF PINOLE

APPENDIX C
Survey Equipment

2024 Engineering and Traffic Survey Report

CITY OF PINOLE
Survey Equipment Used
The radar equipment used by National Data & Surveying Services to collect speed measurements for this survey was a Stalker Solo-III Model Hand-Held Traffic Radar and a Astro Products Phantom-III Model Hand-Held Traffic Radar manufactured by Applied Concepts of Plano, Texas and US Radar, Inc of Decatur, Illinois respectively. The calibration of each unit was checked before each series of measurements were taken. Tests of the units were conducted in accordance with the manufacturer's specifications. The Stalker Solo-III Hand-Held Traffic Radar and Astro Products Phantom-III Model HandHeld Traffic Radar were last calibrated on September 12, 2016 by RHF Inc and December 16, 2013 respectively.

2024 Engineering and Traffic Survey Report

CITY OF PINOLE

CITY COUNCIL
REPORT 10.A.

DATE: NOVEMBER 19, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: JUSTIN SHIU, CONSULTANT PLANNER

DAVID HANHAM, PLANNING MANAGER
SUBJECT: FIRST READ OF PINOLE MUNICIPAL CODE AND SPECIFIC PLAN AMENDMENTS RELATED TO HOUSING ELEMENT PROGRAMS NO. 10, 12 AND 15, AND REGULATORY CONSISTENCY

RECOMMENDATION
Conduct a first read and consider adoption of an ordinance (Attachment A) consisting of the Municipal Code and Specific Plan Amendments (Attachment B) related to Housing Element Programs 10,12 and 15, and regulatory consistency

BACKGROUND
The 2023-2031 Housing Element includes programs 10, 12 and 15 that prescribe amendments to the Municipal Code to implement the Housing Element’s objectives. Specifically, these amendments are needed to update provisions in the existing Zoning Ordinance to ensure they are consistent with State housing legislation and current regulatory procedures. While the City adheres to State and federal requirements and provides up-to-date regulatory information as needed, formal revisions to the municipal code and related policy documents are intended to reduce confusion and improve clarity around these requirements. Implementing these revisions would also advance the Housing Element’s programs.

General zoning regulations are outlined in Title 17, Zoning, of the Pinole Municipal Code (the "Zoning Code,") which covers most land use and zoning standards. The Housing Element programs primarily identify revisions needed in this section of the municipal code (see Attachment C).

The Three Corridors Specific Plan governs permitted land uses and development standards for designated areas along San Pablo Avenue, Pinole Valley Road, and Appian Way. Where conflicts arise, the Specific Plan overrides the Zoning Code. To ensure alignment with proposed changes, revisions to the Specific Plan will be necessary, promoting greater consistency between the Specific Plan and the Zoning Code and clarifying requirements.

In addition to amendments in the Zoning Code and Specific Plan, other sections of the Pinole Municipal Code may need adjustments to address changes and ensure compliance with State law. Finally, minor additional revisions are also proposed to improve internal consistency within the municipal code and to align with State and federal regulations.

On September 9, 2024, the Planning Commission held a duly-noticed public hearing to review

the proposed amendments. The Commission adopted Resolution 24-05 (Attachment D), recommending the adoption of these amendments with the following revisions:

1. In Chapter 17.62 (Emergency Shelters), update references to the California Building Code where the text currently refers to the outdated Uniform Building Code.

2. In Chapter 17.98 (Glossary), revise the definition of “Family” to eliminate distinctions between related and unrelated individuals, in line with current HCD Housing Element guidance.

These changes are reflected in the attached ordinance (Attachment A, Attachment B).

REVIEW AND ANALYSIS
The proposed revisions to the Zoning Code and Specific Plan are detailed in Attachment B.

These revisions address Housing Element Programs 10, 12, and 15. The relevant program text and specific sections affected by these changes are highlighted in Attachment C. Any program text not covered by these proposed revisions will be addressed separately, with additional amendments presented to the City Council at a future meeting. The goal is to complete these revisions within two years of the Housing Element’s adoption, by April 2025.

Chapter Summaries and Key Changes
Chapter 5.12 - Exemptions (Business License)
• Overview of Changes: Family day care homes will be exempt from requiring a business license, fee, or tax.
• Additional Details:
o A new Section 5.12.060 has been added, exempting family day care homes from these requirements in compliance with Health & Safety Code Sections 1597.45(a) and 1597.45(b).

Chapter 17.20 - Allowed Land Use and Requirements
• Overview of Changes: Updates to multifamily residential permit types, land use classifications for day care and group homes, and provisions for residential care facilities to ensure compliance with State law and Housing Element programs. • Additional Details:
o Dwelling, Multifamily: Required entitlements have been updated to align with the Specific Plan. Specifically, the entitlement type for OPMU has changed from “N” (not permitted) to “P” (permitted), and for OIMU, from “N” to “CUP” (conditional use permit). [Clean-Up]
o Family Day Care Homes (Large): Adjusted entitlements to ensure that large family day care homes are treated the same as small ones, with both considered residential uses permitted by right in residential zones, as per Health & Safety Code Sections 1597.42, 1597.43(a), and 1597.45(a). [Housing Element Program 12]
o Group Residential/Group Homes: Added “Group Home” as a common name and updated to allow this use in the “R” district. Changed the status to “P”

(permitted) in RMU and CMU zoning districts, ensuring alignment with similar uses like Family Day Care Homes and Residential Care Facilities. [Housing Element Program 12]
o Residential Care Facilities: Clarified that these facilities are permitted where family dwellings are allowed. Now permitted (“P”) in R, OPMU, and OIMU zoning districts, consistent with Health & Safety Code 1569.85(e) and (g). Additionally, the Specific Plan was updated to reflect these changes, shifting from CUP to “P” where family dwellings are permitted by right. [Housing Element Program 12] o Low Barrier Navigation Center: Added as a new land use type and identified as a permitted use in mixed-use and nonresidential districts where multifamily residential uses are also permitted. [Housing Element Program 12] o Manufactured Homes: Updated to be a permitted use (“P”) in the RMU zoning district. [Housing Element Program 12]
o Religious Institutions: Revised required entitlements for the PQI and SPBCA zones from “N” (not permitted) to “C” (conditionally permitted) to be consistent with “Clubs, Lodges, and Private Meeting Halls” and in compliance with the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. §§ 2000cc(b)(1).

Chapter 17.22 - Allowed Use Definitions
• Overview of Changes: Definitions have been updated to align with State law, ensuring clarity and consistency.
• Additional Details:
o Family Day Care Home: Incorporated language from Chapter 3.6 Family Day Care Homes of the Health & Safety Code, Section 1597.45(f), specifying that family day care homes include single-family dwellings, townhouses, or units within multifamily dwellings where the provider resides. This applies regardless of whether the property is rented, leased, or owned.
o Group Residential/Group Home: Added a definition that includes guidelines from HCD’s Group Home Technical Advisory (2022) and Title 22, Section 84001, Subdivision (g)(3) of the California Code of Regulations. [Housing Element Program 12]
o Low Barrier Navigation Center: Introduced a definition in line with California Government Code Section 65660. [Housing Element Program 12] o Supportive Housing: Updated the definition per California Government Code Sections 65582(g) and 65583(c)(3). [Housing Element Program 12] o Target Population: Revised in accordance with California Government Code Section 65582(i). [Housing Element Program 12]
o Transitional Housing: Updated to match California Government Code Section 65583(c)(3). [Housing Element Program 12]
Chapter 17.38 - Density Bonus
• Overview of Changes: Comprehensive overhaul to align with State Density Bonus Law, with additional local provisions.
• Additional Details:

o The revised chapter incorporates State Density Bonus Law by reference to streamline updates and reduce inconsistencies.
o All density bonus approvals now correspond to the entitlement level of the associated project, which is generally under the Planning Commission unless State law requires otherwise. [Housing Element Program 15] o Added provisions for extra density bonuses specifically for senior housing developments, beyond what State law offers. [Housing Element Program 10] Chapter 17.61 - Low Barrier Navigation Center
• Overview of Changes: New chapter establishing standards from State law. • Additional Details:
o Incorporates requirements outlined in California Government Code Sections 65660-65668, setting specific standards for Low Barrier Navigation Centers. [Housing Element Program 12]
Chapter 17.62 - Emergency Shelters
• Overview of Changes: Updated to comply with new State law, focusing on the use of objective standards for review.
• Additional Details:
o Changes mandated by AB 139 require that emergency shelter reviews be based solely on objective standards. Subjective criteria are no longer permissible. [Housing Element Program 12]
Chapter 17.98 - Glossary of Terms
• Overview of Changes: Definitions for “Household” and “Family” have been revised. • Additional Details:
o The “Household” definition was adjusted to eliminate references to single lease agreements.
o The “Family” definition was updated to include general characteristics found in common definitions, while maintaining the reference to the “Household” definition. [Housing Element Program 12]
Specific Plan Use Tables and Definitions (Tables 6.2, 6.8, 6.14) • Overview of Changes: Revisions ensure consistency with Housing Element programs and updates to the Zoning Code.
• Additional Details:
o Updated “Second Dwelling Unit” references to “Accessory Dwelling Unit/Junior Accessory Dwelling Unit” for accuracy.
o Permitting for ADUs/JADUs has been clarified, confirming their allowance in residential and mixed-use districts that include single-family or multifamily residences.
o Revised Large Family Day Care permitting to align with Small Family Day Care,

consistent with zoning and State law. The change removes the need for a Conditional Use Permit (CUP), making them permitted by right. o Corrected footnote errors related to “Home Occupation” references. o Designated Residential Care Facilities as permitted uses wherever other dwelling types are allowed by right.
o Added Group Residential/Home and Low Barrier Navigation Center uses for consistency with Zoning Code changes.
o Religious Institutions were reclassified from CUP to a permitted use in relevant districts, ensuring federal law compliance.

FISCAL IMPACT
There is no fiscal impact associated with adopting these municipal code and specific plan amendments.

ATTACHMENTS
A. Ordinance
B. Exhibit A - Municipal Code and Specific Plan Revisions C. Housing Element Programs Associated with Revisions
D. PC Resolution 24-05

1 ORDINANCE NO. XXXX-XX
AN ORDINANCE OF THE CITY OF PINOLE AMENDING CHAPTERS 5.12, 17.20, 17.22, 17.38,

17.62, AND 17.98 OF THE PINOLE MUNICIPAL CODE, ADDING CHAPTER 17.61 TO THE PINOLE MUNICIPAL CODE, AND AMENDING TABLES 6.2, 6.8, AND 6.14 OF THE THREE

CORRIDORS SPECIFIC PLAN RELATED TO HOUSING ELEMENT IMPLEMENTATION AND

REGULATORY CONSISTENCY
WHEREAS, Pinole Municipal Code (“PMC”) Title 17 Zoning Code establishes general regulations on land uses and development standards within the City; and WHEREAS, The Three Corridors Specific Plan (“Specific Plan”) establish specific regulations on land uses and development standards for defined areas within the City identified in the Specific Plan and supersede requirements in the Zoning Code where there is a conflict; and WHEREAS, the City of Pinole 2023-2031 Housing Element contains programs identifying various zoning ordinance amendments; and
WHEREAS, implementation of Housing Element programs requires amendments revising text in the PMC and Specific Plan; and
WHEREAS, in addition to the Housing Element programs, other revisions to text in the PMC and Specific Plan are required to enhance clarity and update the text of local regulations to reflect and be consistent with current State and Federal regulations; and WHEREAS, the proposed revisions to amend the Zoning Code and Specific Plan are attached hereto as Exhibit A; and
WHEREAS, the Planning Commission held a duly noticed public hearing related to the proposed Zoning Code and Specific Plan amendment on September 9, 2024; and WHEREAS, the Planning Commission recommended adoption of the proposed amendments with revisions; and
WHEREAS, the City Council held a duly noticed public hearing related to the proposed Zoning Code and Specific Plan amendment on November 18, 2024; and WHEREAS, after close of the public hearing, the City Council considered all public comments received both before and during the public hearing, the presentation by city staff, the staff report, and all other pertinent documents regarding the proposed amendments; and NOW THEREFORE, BE IT RESOLVED, pursuant to the findings stated herein, that the City Council of the City of Pinole does ordain as follows:

Section 1. Recitals. The above recitals are true and correct and made a part of this Ordinance.

2 Section 2. Amendment of Municipal Code and Specific Plan. The Pinole Municipal Code is hereby amended with amendments to Chapters 5.12, 17.20, 17.22, 17.38, 17.62, and 17.98 of the Pinole Municipal Code and addition of Chapter 17.61; and the Three Corridors Specific Plan is hereby amended with amendments to Tables 6.2, 6.8, and 6.14, as set forth in Exhibit A, attached hereto and incorporated herein.

Section 3. CEQA. Pursuant to Title 14 of the California Administrative Code, the City Council finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) for the following reasons under Section 15061 (b)(3), it is not a project which has the potential for causing a significant effect on the environment;
Section 4. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each of every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Section 5. Effective Date and Duration. This ordinance shall take effect thirty (30) days after its final adoption.

Section 6. Publication. The City Clerk is directed to cause this ordinance to be published in a manner required by law.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on November 19, 2024, the City Council passed this ordinance by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

IN WITNESS of this action, I sign this document and affix the corporate seal of the City of Pinole on November 19, 2024.
__________________
Maureen Toms, Mayor
ATTEST:
______________________________
Heather Bell, City Clerk

3 APPROVED AS TO FORM:
______________________________
Eric S. Casher, City Attorney

ATTACHMENT A, EXHIBIT A. MUNICIPAL CODE AND SPECIFIC PLAN

REVISIONS

1. Pinole Municipal Code Chapter 5.12 Exemptions [Amendment]

2. Pinole Municipal Code Chapter 17.20 Allowed Land Use and Requirements [Amendment]

3. Pinole Municipal Code Chapter 17.22 Allowed Use Definitions [Amendment]

4. Pinole Municipal Code Chapter 17.38 Density Bonus [Replacement of Existing Chapter with Comprehensive Revision]
Reference 4R. Pinole Municipal Code Chapter 17.38 Density Bonus [Existing Chapter Reference]

5. Pinole Municipal Code Chapter 17.61 Low Barrier Navigation Centers [New Chapter]

6. Pinole Municipal Code Chapter 17.62 Emergency Shelters [Amendment]

7. Pinole Municipal Chapter 17.98 Glossary of Terms [Amendment]

8. Three Corridors Specific Plan Table 6.2 Permitted Use Table for San Pablo Avenue [Amendment]

9. Three Corridors Specific Plan Table 6.8 Permitted Use Table for Pinole Valley Road [Amendment]

10. Three Corridors Specific Plan Table 6.14 Permitted Use Table for Appian Way [Amendment]

1. Pinole Municipal Code Chapter 5.12 Exemptions [Amendment] Full Chapter included.

Text to be removed shown in strikeout text.

Text to be added shown in bold and underline.

Chapter 5.12
EXEMPTIONS*
* For statutory provisions which provide exemptions from municipal licensing of businesses, see Bus. and Prof. Code §§ 16000.5, 16001, 16001.5, 16002 and 16002.1.

Sections:

5.12.010 Charitable purposes.

5.12.020 Nonprofit activities.

5.12.030 Disabled or handicapped persons.

5.12.040 Federal and state exemptions.

5.12.050 Liability for payment in absence of statement.

5.12.010 CHARITABLE PURPOSES.

The provisions of this article shall not require the payment of a license tax to conduct, manage, or carry on any business, occupation, or activity from any institution or organization which is conducted, managed or carried on wholly for the benefit of charitable purposes and from which profit is not derived, either directly or indirectly, by any individual. (Ord. 338 § 7(a), 1975).

5.12.020 NONPROFIT ACTIVITIES.

The provisions of this article shall not require the payment of a license tax for the conducting of any entertainment, dance, concert, exhibition, lecture, or other activity by any benevolent, religious, fraternal, educational, military, state, county, or municipal organization or association whenever the receipts of any such entertainment, dance, concert, exhibition, lecture, or activity are to be appropriated for the purpose and objects for which such organization or association was formed and from which profit is not derived, either directly or indirectly, by an individual. (Ord. 338 § 7(b), 1975).

5.12.030 DISABLED OR HANDICAPPED PERSONS.

The license administrator, without payment to the city of any consideration, may grant to any disabled war veteran or to any indigent person or to any person who by reason of the infirmities of age, loss of limb, or other disabling cause is unable to obtain a livelihood by other means, any license provided by this title. (Ord. 338 § 7(c), 1975).

5.12.040 FEDERAL AND STATE EXEMPTIONS.

Nothing in this article shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or of the state of California from the payment of such taxes as are prescribed in this article. A fee of twenty-five dollars shall be paid to cover the cost of registration under this section. (Ord. 338 § 7(d), 1975).

5.12.050 LIABILITY FOR PAYMENT IN ABSENCE OF STATEMENT.

A. Any person claiming an exemption pursuant to this chapter shall, upon request of the license administrator, file a sworn statement with the license administrator stating the facts upon which exemption is claimed, and in the absence of such statement substantiating the claim, such person shall be liable for the payment of the taxes imposed by this article.

B. The license administrator shall, upon a proper showing contained in the sworn statement, issue a license to such person claiming exemption under this chapter without payment to the city of the license tax. (Ord. 338 § 7(e), 1975).

5.12.060 FAMILY DAY CARE HOME EXEMPTION.

A. A business license, fee, or tax shall not be imposed on operating a small or large family daycare home, per California Health and Safety Code Section 1597.45.

B. As defined under California Health and Safety Code Section 1597.45, a small family daycare home or large family daycare home includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family daycare home or large family daycare home is where the family daycare provider resides, and includes a dwelling or dwelling unit that is rented, leased, or owned. The use of a home as a small or large family daycare home shall be considered a residential use of property.

C. Family day care homes are permitted in zoning districts as established in Title 17 of the Municipal Code.

2. Pinole Municipal Code Chapter 17.20 Allowed Land Use and Requirements [Amendment]
Full Chapter included.

Text to be removed shown in strikeout text.

Text to be added shown in bold and underline.

CHAPTER 17.20

ALLOWED LAND USES AND REQUIREMENTS
Sections:

17.20.010 Purpose.

17.20.020 Allowed uses and required entitlements.

17.20.010 PURPOSE.

The purpose of this chapter is to establish allowed land uses and requirements for planning entitlements for each of the city's base zoning districts. Allowed uses herein are consistent with and implement the city's general plan corresponding land use designations as shown in Table 17.18.020-1 (Zoning Districts). (Ord. 2016-03 § 2 (part), 2016; Ord. 2010-02 § 1 (part), 2010)

17.20.020 ALLOWED USES AND REQUIRED ENTITLEMENTS.

Table 17.20.030-1 below identifies allowed uses and corresponding requirements for planning entitlements for all base zoning districts within the city. Definitions for the land uses listed herein (use classifications) are provided in Chapter 17.22 (Allowed Use Definitions). See additional use requirements in Article IV (Special Use Standards). In the table below, any land use shown with a “P” indicates that the land use is permitted by right, a “C” indicates that the land use is permitted in the designated zoning district upon issuance of a conditional use permit (pursuant to Section 17.12.140 (Conditional Use Permit), a “AP” indicates that the land use is permitted in the designated zoning district upon issuance of an administrative use permit (pursuant to Section 17.12.060 (Administrative Use Permit), and an “N” indicates that the use is not allowed. Except as otherwise provided for in this title, uses not shown in the table are not permitted. Zoning district names for the zoning district symbols used in the table are as follows:

LDR = Low Density Residential Zoning District
R-1 = Suburban Residential Zoning District
R-2 = Medium Density Zoning District
R-3 = High Density Zoning District
R-4 = Very High Density Zoning District
R = Rural Zoning District
RC = Regional Commercial Zoning District
RMU = Residential Mixed Use Zoning District
CMU = Commercial Mixed Use Zoning District
OPMU = Office Professional Mixed Use Zoning District
OIMU = Office Industrial Mixed Use Zoning District
OS = Open Space Zoning District
PR = Parks and Recreation Zoning District
PQI = Public Quasi-Public Institutional Zoning District SPBCA = San Pablo Bay Conservation Zoning District
TABLE 17.20.030-1:

ALLOWED USES AND REQUIRED ENTITLEMENTS FOR CITY OF PINOLE BASE ZONING DISTRICTS Land Use \ Zoning
District LDR R-1 R-2 R-3 R-4 R RC RMU CMU OPMU OIMU OS PR PQI SPBCA Residential Uses
Adult Day Care Home P P P P P P N P P P P N N N N
Caretaker Housing N N N N N N P N N N N N N N N
Dwelling, Accessory/
Junior Accessory(1) P P P P P P N P P P P N N N N
Dwelling, Multifamily N N P P P N N P P PN CN N N N N
Dwelling, Single Family P P P P N P N P N N N N N N N
Dwelling, Two-Family N N P P N N N N N P P N N N N

Dwelling, Three- and
Four-Family N N P P P N N P P N N N N N N
Emergency Shelter (2) N N N N N N N N N N P N N N N
Family Day Care Home,
Large PC PC PC PC PC PC N PC PC N N N N N N
Family Day Care Home,
Small P P P P P P N P P N N N N N N
Group Residential/Home P P P P P PN N PC PC N N N N N N Home Occupations (3) P P P P P P N P P P P N N N N
Low Barrier Navigation
Center

N N N N N N N P P P P N N N N
Manufactured Home P P P P P P N PN N N N N N N N
Mobile Home Park C C C C C C N N N N N N N N N
Residential Care Facilities P P P P P P PN P P PN PN N N N N Single Room Occupancy
Facilities N N C C C N N C C N N N N N N
Supportive Housing
(located in housing of a
type permitted in the zone)

P P P P P P P P P P P N N N N
Transitional Housing (2)
(located in housing of a
type permitted in the zone)

P P P P P N P P P P P N N N N
Agriculture, Resource, and Open Space Uses
Animal Keeping, Domestic
Pets (4) P P P P P P N P P N N N N N N
Animal Keeping, Exotic
Animals (4) P P P P P P N P P N N N N N N
Animal Keeping, Livestock
(4) N N N N N P N N N N N N N N N
Animal Keeping, Poultry,
Rabbits (4) P P C C C P N N N N N N N N N
Equestrian Facility,
Commercial N N N N N C N N N N N N C N N
Equestrian Facility, Hobby N N N N N P N N N N N N C N N Kennels, Hobby N N N N N C N N N N N N N N N
Recreation, Education, and Public Assembly Uses
Cemeteries, Mausoleums C C C C C C N N N N N N N N N
Clubs, Lodges, and
Private Meeting Halls C C C C N N N N C C C N N C C
Community Centers/Civic
Uses C C C C C C N C C C N N P P C
Community Garden P P P P P P N P P P P P P P N
Indoor
Amusement/Entertainment
Facility

N N N N N N C N C N N N N N N
Indoor Fitness and Sports
Facility N N N N N N P C N C C N N P N
Libraries and Museums C C C C N N N C C C C N N C C
Outdoor Commercial
Recreation C C C C N N N N N N N N P P C
Parks and Public Plazas P P P P P P N P P P P N P P P
Public Safety Facility P P P P P P P C C C C N C P C
Recreational Vehicle
Parks N N N N N N N N N N N N N N N
Religious Institutions C C C C C C N N C C C N N CN CN

Resource Protection and
Restoration P P P P P P C N N N N P P P P
Resource-Related
Recreation P P P P P P N N N N N P P P P
Schools, Private and
Special/Studios N N N N N N P N C C C N N N N
Schools, Public P P P P P P N P P P P N N P N
Theaters and Auditoriums N N N N N N P N N N N N N N N
Utility, Transportation, and Communication Uses
Broadcasting and
Recording Studios N N N N N N P N N N N N N P N
Bus and Transit Shelters N P P P P N P P P P P N P P P
Bus and Truck Terminal
and Parking N N N N N N N N N N C N N N N
Heliports N N N N N N N N N N N N N N N
Park and Ride Facility N N C C N N P C C C C N N P N
Parking Facility N N P P P N P P P P P N N P N
Small Cell Wireless
Facilities (14) P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C N P/C P/C N Wireless Communication
Facility, Freestanding
Tower (5)

C C C C C C C C C C C C C C C
Wireless Communication
Facility, co-location,
antenna, satellite (5)

C C P P P P P P P P P P P P P
Transit Facilities N N N N N N P N N C C N N P C
Utility Facility and
Infrastructure (6) P P P P P P P P P P P P P P P
Retail, Service, and Office Uses
Adult Oriented Business
(7) N N N N N N N N N N C N N N N
Adult Day Care Facility C C C C P N N P C N N N N N C
Alcoholic Beverage Sales N N N N N N C C C C C N N N N
Ambulance Service N N N N N N N C N N P N N N N
Animal Sales and
Grooming N N N N N N P C C P P N N N N
Art, antique, collectable N N N N N N P P P C C N N N N Artisan Shops N N N N N N P P P P C N N N N
Artist Studio N N P P P P N C C C P N N N N
Banks and Financial
Services N N N N N N P P P P C N N N N
Bars and Nightclubs N N N N N N C C C C N N N N N
Bed and Breakfast Inns N N N N N N N C C N N N N N N
Building Materials Store
and Yard N N N N N N P N C N C N N N N
Business Support
Services N N N N N N P P P P P N N N N
Call Centers N N N N N N N C C P P N N N N
Card Room N N N N N N C C C N N N N N N
Check Cashing Business N N N N N N N N C C C N N N N
Child Day Care Facility C C C C C N C P P P C N N N N
Commercial Marijuana
Cultivation(11) N N N N N N N N N N N N N N N
Convenience Stores N N N N N N P P P P P N N N N

Drive
-in and Drive-through
Sales and Service (8)

NNNNNNPNCCCNNNN
Equipment Sales and
Rental

NNNNNNCNPCPNNNN
Firearm or Firearm
Ammunition Sales

NNNNNNCNCNCNNNN
Furniture, Furnishings,
and Appliance Stores

NNNNNNPCPCCNNNN
Garden Center/Plant
Nursery

NNNNNNCNCCPNNNN
Grocery
Stores/Supermarket

NNNNNNPPPCNNNNN
Home Improvement
Supplies

NNNNNNPCCCCNNNN
Hotels and MotelsNNNNNNPCCCNNNNN
Hotels and Motels,
Extended Stay

NNNNNNPCCCNNNNN
Kennels, CommercialNNNNNCNNCNCNNNN
Maintenance and Repair,
Small Equipment

NNNNNNPCCCPNNNN
Marijuana Delivery(12)

NNNNNNNNNNNNNNN
Marijuana Dispensary(10)

NNNNNNNNNNNNNNN
Massage Therapy
Establishment (9)

NNNNNNCPPPCNNNN
Medical Services, GeneralNNNNNNPCCPPNNNN
Medical Services,
Extended Care

NNNNNNNCCCNNNNN
Medical Services,
Hospitals

NNNNNNNNCPNNNNN
Mortuaries and Funeral
Homes

NNNNNNNNCCPNNNN
Neighborhood MarketNNNNNNNPPCCNNNN
Office, TemporaryNNNNNNNNCPPNNNN
Offices, Business and
Professional

NNNNNNPPPPPNNNN
Offices, AccessoryNNNNNNPPPCPNNNN
Pawn ShopNNNNNNCNCCCNNNN
Personal Marijuana
Cultivation(13)

PPPPPPNPPPPNNNN
Personal ServicesNNNNNNPPPCNNNNN
RestaurantsNNNNNNPCPPPNNNN
Retail, AccessoryNNNNNNPPPPPNNNN
Retail, GeneralNNNNNNPPPPCNNNN
Retail, Warehouse ClubNNNNNNPNCNNNNNN
Smoke ShopNNNNNNNNCNNNNNN
Temporary Real EstateCCCCCCCCCCCNNNN
Thrift StoreNNNNNNCCCNNNNNN
Veterinary FacilityNNNNNNCCCCCNNNN
Automobile and Vehicle Uses
Auto and Vehicle Sales
and Rental

NNNNNNCNCCCNNNN
Auto and Vehicle Sales,
Wholesale

NNNNNNNNNNCNNNN
Auto and Vehicle StorageNNNNNNNNNNCNNNN
Auto Parts SalesNNNNNNPNNNPNNNN

Car Washing and
Detailing N N N N N N C N C C C N N N N
Service Stations N N N N N N C N C C C N N N N
Vehicle Services, Major N N N N N N C N C N C N N N N
Vehicle Services, Minor N N N N N N C N C N C N N N N
Industrial, Manufacturing, and Processing Uses
Manufacturing, Major N N N N N N N N N C C N N N N
Manufacturing, Minor N N N N N N N N C C P N N N N
Manufacturing, Small
Scale N N N N N N N C C P P N N N N
Printing and Publishing N N N N N N N N C C P N N N N
Recycling Facility,
Collection N N N N N N C C C C C N N N N
Recycling Facility,
Processing N N N N N N N N N C C N N N N
Recycling Facility, Scrap
and Dismantling Facility N N N N N N N N N N C N N N N
Research and
Development N N N N N N N C P P P N N N N
Storage, Personal Storage
Facility N N N N N N C N C N P N N N N
Storage, Warehouse N N N N N N N N N C P N N N N
Storage, Yards N N N N N N N N N N C N N N N
Wholesaling and
Distribution N N N N N N N N N N C N N N N
Notes:
(1) See additional regulations for Accessory Dwelling Units and Junior Accessory Dwelling Units in Chapter 17.70. (2) See additional regulations for Emergency Shelters in Chapter 17.62. (3) See additional regulations for Home Occupations in Chapter 17.64. (4) Additional regulations applicable to animal keeping where permitted are as follows and within Title 6:
a. Domestic Pets. Keeping of any combination of five (5) or more cats and dogs is considered a kennel for the purposes of this title.
b. Exotic Animals. All exotic animals shall be kept and maintained a minimum distance of 40 feet from any property line, unless contained within the dwelling.
c. Livestock. One (1) livestock animal may be permitted for each twenty thousand (20,000) square feet. All livestock animals shall be kept and maintained a minimum distance of twenty (20) feet from any property line and a minimum distance of fifty (50) feet from any residential dwelling.
d. Poultry and Rabbits. All poultry animals shall be kept and maintained a minimum distance of twenty (20) feet from any property line.
(5) See additional regulations for wireless communication facilities in Chapter 17.76. (6) Utility facilities and infrastructure involving hazardous or volatile gas and/or liquid pipeline development require approval of a conditional use permit.
(7) See additional regulations for adult entertainment businesses in Chapter 17.58 (8) See additional regulations for drive-in and drive-through facilities in Chapter 17.40. (9) See additional regulations for massage therapy in Chapter17.66 and Chapter 8.32 (10) Marijuana dispensaries are not permitted in any zoning district. See also, Chapter 5.64 and Chapter 8.33. (11) Commercial Marijuana Cultivation is not permitted in any zoning district. See also, Chapter 5.64 and Chapter 8.33. (12) Marijuana Delivery is not permitted in any zoning district. See also, Chapter 5.64 and Chapter 8.33.

(13) Personal Marijuana Cultivation is limited to up to six plants per residence, grown indoors within a locked area, by adults 21 years of age or older. See also, Chapter 8.33.
(14) Facilities meeting all specified requirements in Chapter 17.77 are permitted as noted above except in the Open Space (OS) and San Pablo Bay Conservation Area (SPBCA) District, otherwise a conditional use permit is required. See additional regulations for small cell wireless facilities in Chapter 17.77.
(Ord. 2020-04 § 2, 2020; Ord. 2019-03 § 4, 2019; Ord. 2017-14 § 2 (part), 2017; Ord. 2017-11 § 2, 2017; Ord. 2017-08 § 2 (part), 2017; Ord. 2016-04 § 6, 2016: Ord. 2016-03 § 2 (part), 2016; Ord. 2014-02 § 4, 2014: Ord. 2012-05 § 2, 2012: Ord. 2011-02: Ord. 2010-02 § 1 (part), 2010)

3. Pinole Municipal Code Chapter 17.22 Allowed Use Definitions [Amendment]
Sections 17.22.010 through 17.22.020(B) included.

Text to be removed shown in strikeout text.

Text to be added shown in bold and underline.

CHAPTER 17.22

ALLOWED USE DEFINITIONS
Sections:

17.22.010 Purpose.

17.22.020 Allowed use definitions.

17.22.010 PURPOSE.

The purpose of this chapter is to define use classifications listed in Chapter17.20 (Allowed Land Uses and Required entitlements) and throughout this title. Use classifications are land uses that have been grouped into general categories on the basis of common function, product, or compatibility characteristics. This chapter should be used as a reference to Additional definitions for specialized terms used in the Zoning Code can be found in Article VI (Glossary). (Ord. 2010-02 § 1 (part), 2010)

17.22.020 ALLOWED USE DEFINITIONS.

A. The following list represents the complete list of allowed uses and corresponding definitions as used inTable

17.20.030-1 and throughout this title. Individual use classifications describe one (1) or more uses having similar characteristics, but do not list every use or activity that may appropriately be within the classification. Additional definitions are found in Article VI (Glossary). Allowed uses are organized into the following seven (7) use categories as follows:

1. Residential uses.

2. Agriculture, resource, and open space uses.

3. Recreation, education, and public assembly uses.

4. Utility, transportation, and communication uses.

5. Retail, service, and office uses.

6. Automobile and vehicle uses.

7. Industrial, manufacturing, and processing uses.

B. Residential Uses.

1. ADULT DAY CARE HOME. Defined by state law as the provision of non-medical care to six (6) or fewer adults, including seniors, in the provider's own home, for a period of less than twenty-four (24) hours at a time. Homes serving more than six (6) adults are included in “Adult Day Care Facility.”

2. CARETAKER HOUSING. A residence that is accessory to a site with a non-residential primary use and that is needed for security, twenty-four (24)-hour care or supervision, or monitoring of facilities, equipment, or other conditions on the site.

3. DWELLING, ACCESSORY/JUNIOR ACCESSORY.
a. ACCESSORY DWELLING UNIT. An attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the singlefamily or multi-family dwelling is or will be situated. An accessory dwelling unit also includes the following:
i. An efficiency unit.
ii. A manufactured home, as defined in Section 18007 of the Health and Safety Code. b. JUNIOR ACCESSORY DWELLING UNIT.A unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

4. DWELLING, MULTI-FAMILY. A building designed and intended for occupancy by three (3) or more households living independently of each other, each in a separate dwelling unit, which may be owned individually or by a single landlord (e.g., apartment, apartment house, townhouse, condominium).

5. DWELLING, SINGLE-FAMILY. A building designed exclusively for occupancy by one (1) household on a single lot.

This classification includes manufactured homes (defined in California Health and Safety Code Section 18007) and model homes for the first sale of homes within the subdivision.

6. DWELLING, TWO-FAMILY. An attached building (e.g., duplex) designed for occupancy by two (2) households living independently of each other, where both dwellings are located on a single lot. For the purposes of this title, this definition also includes half-plexes (two (2) attached units, each with a separate lot). Does not include accessory dwelling units (see

“Dwelling, Accessory/Junior Accessory”).

7. DWELLING, THREE (3) - AND FOUR (4) -FAMILY.An attached building (e.g., triplex) designed for occupancy by three (3) or four (4) households living independently of each other, where each dwelling is located on a single lot. Does not include accessory dwelling units (see “Dwelling, Accessory/Junior Accessory”).

8. EMERGENCY SHELTER. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person, as defined by § 50801(e) of the California Health and Safety Code.

No individual or household may be denied emergency shelter because of an inability to pay.

9. EMPLOYEE HOUSING. As described in Section 17021.5 of the Health and Safety Code, employee housing means housing providing accommodations for six or fewer employees. Employee housing shall not be included within the definition of a boarding house, rooming house, hotel, dormitory, or other similar term that implies that the employee housing is a business run for profit or differs in any other way from a family dwelling. Housing meeting these conditions shall be deemed a single-family structure and no conditional use permit, zoning variance, or other zoning clearance shall be required of employee housing that is not required of a family dwelling of the same type in the same zone.

10. FAMILY DAY CARE HOME. Facilities that provide care, protection, and supervision of children, in the caregiver's home, for periods of less than twenty-four (24) hours per day, while the parents or authorized representatives are away.

Family day care homes These facilities include the following, all of which are required to be licensed by the State of California Department of Social Services. These capacities include children under age ten (10) who live in the licensee's home.As defined in Section 1597.45(f) of the California Health and Safety Code, family day care homes include a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A family daycare home is where the family daycare provider resides, and includes a dwelling or dwelling unit that is rented, leased, or owned. The use of a home as a family daycare home is considered a residential use of property and does not constitute a change of occupancy for purposes of Part 1.5 (commencing with Section 17910) of Division 13 (State Housing Law) or for purposes of local building codes. Family day care homes are categorized as small family day care homes, providing child care for up to eight (8) children, and large family day care homes, providing child care for nine (9) to fourteen (14) children.
a. Large family. A home that provides family child care for nine (9) children to fourteen (14) children. These capacities include children under age ten (10) who live in the licensee's home and the assistant provider's children under age ten (10).

A large family day care home is required to comply with the requirements of Section 7.060. b. Small family. A home that provides family child care for up to eight (8) children.

11. GROUP RESIDENTIAL/HOME. Group Residential or Group Home, refers to various types of housing for populations covered by State and Federal regulatory procedures and laws, which typically consist of residences that are shared by unrelated persons 24-hours a day and include supervision, care, or services provided for the residents as required by State and Federal regulations. Group residential or group homes may include, but are not limited to:
a. Shared Living Residences – housing shared by unrelated persons such as recovery residences, boarding houses, dormitories, etc.
b. Group Homes for Persons with Disabilities – housing shared by unrelated persons with disabilities that provide peer and other support for their residents’ disability-related needs and in which residents share cooking, dining, and living areas.
c. Licensed Group Homes – group homes that provide services requiring licenses under State law. d. Unlicensed Group Homes – group homes that may provide some supportive services for their residents but not services that require licenses under State law.
e. Recovery Residences and Sober Living Homes - group homes for persons recovering from alcoholism or drug addiction in which the residents mutually support each other's recovery and sobriety and that do not require licenses from California Department of Health Care Services because they do not provide alcoholism or drug addiction recovery and treatment services.
f. Alcohol or Other Drug (AOD) Facilities – residential facilities licensed by the California Department of Health Care Services to provide addiction recovery and treatment services. g. Community Care Facilities – facilities licensed by the Community Care Licensing Division of the State Department of Social Services to provide 24-hour non-medical residential care to children and adults with developmental disabilities who are in need of personal services, supervision, and/or assistance essential for selfprotection or sustaining the activities of daily living. h. Group Homes for Children – As defined in California Code of Regulations Title 22, Section 84001, Subdivision (g)(3), a facility which provides 24-hour care and supervision to children, provides services specified in this chapter to a specific client group, and maintains a structured environment, with such services provided at least in part by staff employed by the licensee. The care and supervision provided by a group home shall be nonmedical except as permitted by Welfare and Institutions Code Section 17736(b). Since small family and foster family homes, by definition, care for six or fewer children only, any facility providing 24-hour care for seven or more children must be licensed as a group home.

For the purposes of determining allowed land uses and required entitlements under Title 17, the use does not include “Residential Care Facilities”, “Supportive Housing”, and “Transitional Housing”, which are defined separately.
1211. HOME OCCUPATION. The conduct of a business within a dwelling unit or residential site, employing occupants of the dwelling, with the business activity being subordinate to the residential use of the property. Examples include, but are not limited to, accountants and financial advisors, architects, artists, attorneys, offices for construction businesses (no equipment or material storage), and real estate sales.

13. LOW BARRIER NAVIGATION CENTER. Consistent with California Government Code Section 65660, Low Barrier Navigation Center means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low Barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
a. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
b. Pets.
c. The storage of possessions.
d. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
1412. MANUFACTURED HOME. The California Health and Safety Code, Section 18007, defines a manufactured home as a structure that meets the following criteria:
a. Transportable in one (1) or more sections;
b. When in the traveling mode, is eight (8) body feet or more in width, or forty (40) body feet or more in length, or, when erected on-site, is three hundred and twenty (320) or more square feet; c. Built on a permanent chassis;
d. Designed to be used as a residential dwelling;
e. Erected with or without a permanent foundation when connected to the required utilities; f. Includes the plumbing, heating, air conditioning, and electrical systems contained therein. g. This term shall include any structure which meets all the requirements of this paragraph except the size requirements so long as the manufacturer voluntarily files a certification and complies with the standards established under this part. Manufactured home includes a mobile home subject to the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401 et seq.).
1513. MOBILE HOME PARK. Consistent with definitions of state law (Welfare and Institution Code Section 18214), a mobile home park is any site that is planned and improved to accommodate two (2) or more mobile homes used for residential purposes, or on which two (2) or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes. 1614. RESIDENTIAL CARE FACILITIES. Residential facilities consistent Consistent with the definitions of state law that provide assistance with living and include:, residential care facilities provide twenty-four (24)-hour non-medical care for six (6) or fewer persons eighteen (18) years of age or oldeor emancipated minors, with chronic, life-threatening illness in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living or for the protection of the individual includes, but is not limited to, rest homes, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the State of California. a. Residential care facilities for the elderly (RCFE) – Per California Code of Regulations Title 22, Division 6, a housing arrangement chosen voluntarily by the resident, the resident's guardian, conservator or other responsible person; where 75 percent of the residents are sixty years of age or older and where varying levels of care and supervision are provided, as agreed to at time of admission or as determined necessary at subsequent times of reappraisal. Any younger residents must have needs compatible with other residents. b. Residential care facilities for the chronically ill – Per California Code of Regulations Title 22, Division 6, any place, building, or housing arrangement which is maintained and operated to provide care and supervision to all or any of the following: 1) Adults with HIV disease or AIDS, 2) Emancipated minors with HIV disease or AIDS, or 3) Family units as defined in Section 87801(f)(1) with adults or children or both with HIV disease or AIDS. c. Adult residential facilities (ARF) – facilities that provide assistance with living as defined and regulated by the California Department of Health Care Services and California Department of Social Services. d. Other similar facilities not listed defined as residential care facilities by the State of California.

Convalescent homes, nursing homes, and similar facilities providing medical care are included under the definition of “Medical Services, Extended Care.”

1715. SINGLE ROOM OCCUPANCY (SRO) FACILITIES. Multi-unit housing for very low-income persons that typically consists of a single room and shared bath and also may include a shared common kitchen and common activity area. SROs may be restricted to seniors or be available to persons of all ages. Subsidized versions may be supervised by a government housing agency.
1816. SUPPORTIVE HOUSING. Supportive housing is consistent with the definition in California Government Code Section 65582(g), which is defined as housingHousing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

Consistent with Section 65583(a)5(c)(3) of the California Government Code, supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone supportive housing will be permitted, conditionally permitted or prohibited in the same manner as other residential dwellings of the same type in the same zone under this code and applicable state law. 1917. TARGET POPULATION. Target population is consistent with the definition in California Government Code Section 65582(i), which is defined as As defined in Section 65582(i) of the Government Code, target population is defined aspersons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individual eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipate minors, families with children, elderly persons, young adults aging of the foster care system, individuals exitingexisting from institutional settings, veterans, and homeless people. 2018. TRANSITIONAL HOUSING. Buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time that shall be no less than six months from the beginning of the assistance. Consistent with Section 65583(a)5(c)(3) of the California Government Code, transitional housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone transitional housing shall be permitted, conditionally permitted or prohibited in the same manner as other residential dwellings of the same type in the same zone under this code and applicable state law.
…

4. Pinole Municipal Code Chapter 17.38 Density Bonus [Replacement of Existing Chapter with Comprehensive Revision]
Full Chapter included.

All text is new text, shown in bold and underline.

CHAPTER 17.38

DENSITY BONUS
Sections:

17.38.010 Purpose.

17.38.020 Applicability.

17.38.030 Density Increase.

17.38.040 Modifications of Standards, Concessions and Incentives.

17.38.050 Affordable Units.

17.38.060 Application Procedure and Review.

17.38.010 PURPOSE.

The purpose of this chapter is to establish a program for density bonuses and other incentives in accordance with California Government Code Section 65915 et seq. to encourage the creation of housing affordable to moderate-, low-, and very low-income households, seniors, and other qualifying households under State law.

17.38.020 APPLICABILITY.

A. General. All proposed housing developments that qualify under California Government Code Section 65915 for a density increase and other incentives, and any qualified land transfer under California Government Code Section 65915 shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions and obligations set forth in California Government Code Section 65915, as it may be amended from time to time.

1. Density bonus, as defined in California Government Code Section 65915, means a density increase over the otherwise maximum allowable gross residential density as of the date of application by the applicant to the city, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density.

B. Compliance. The applicant shall comply with all requirements stated in California Government Code Sections 65915 through 65918. The requirements of California Government Code Sections 65915 through 65918, and any amendments thereto, shall prevail over any conflicting provision of this Code.

C. Excluded Development. An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under California Government Code Section 65915.

D. Interpretation. The provisions of this chapter shall be interpreted to implement and be consistent with the requirements of California Government Code Section 65915. Any changes to California Government Code Section 65915 shall be deemed to supersede and govern over any conflicting provisions contained herein. If any portion of this chapter conflicts with State Density Bonus Law or other applicable State law and such conflict results in a density bonus that is less than what would otherwise be allowed through State law, State law shall supersede the conflicting provision in this chapter. Any ambiguities in this chapter shall be interpreted to be consistent with State Density Bonus Law.

E. Replacement Housing Requirement. Pursuant to California Government Code Section 65915(c)(3), an applicant will be ineligible for a density bonus or other incentives unless the applicant complies with the replacement housing requirements therein.

17.38.030 DENSITY INCREASE.

A. General. If a qualifying affordable housing project or land transfer/cash payment meets the criteria of California Government Code Section 65915 et seq., the project shall be granted a density bonus, the amount of which shall be as specified in California Government Code Section 65915 et seq.

B. Local Density Bonus Enhancement. The following projects may request density bonuses and incentives beyond those provided California Government Code Section 65915 as established below:

1. Senior Housing Project. Senior housing projects may request density bonus of at least ten (10) percent above the density bonus provided under State Density Bonus Provisions. For example, a senior housing project that is eligible for a thirty percent (30%) density bonus under State Density Bonus Provisions would be eligible for a forty percent (40%) density bonus with application of the Local Density Bonus Enhancement.

C. Density Bonus Units. Except as otherwise required by California Government Code § 65915, the density bonus units shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus.

17.38.040 MODIFICATION OF STANDARDS, CONCESSIONS AND INCENTIVES.

A. Requested Modifications. In accordance with the provisions and restrictions established by California Government Code Section 65915, the applicant for a density bonus may submit a request for the waiver or reduction of development standards; concessions or incentives; and parking reductions.

B. Waiver or Reduction of Standards. The City shall grant a waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant, unless it finds any of the following:

1. The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant;

2. The waiver or reduction of the development standard would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;

3. The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or

4. The waiver or reduction of the development standard would be contrary to state or federal law.

C. Concessions or Incentives. The City shall grant concessions or incentives requested by the applicant, the number of which is established by California Government Code Section 65915(d), unless the City makes a written finding, based upon substantial evidence, of any of the following:

1. The concession or incentive does not result in identifiable and actual cost reductions as defined in California Government Code Section 65915, to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Government Code Section 65915(c).

2. The concession or incentive would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households.

3. The concession or incentive would be contrary to state or federal law.

D. Parking Reductions. The applicant may request, and the City shall grant, a reduction in parking requirements in accordance with California Government Code Section 65915(p).

17.38.050 AFFORDABILE UNITS.

A. Affordable Housing Agreement. The applicant shall complete an affordable housing agreement to establish terms of affordability for affordable units within the proposed project, per Chapter 17.32 Affordable Housing Requirements.

B. Design. Affordable units shall have the same exterior appearance and quality of construction as the marketrate units. Appliances and finishes in the affordable units shall be the same as in the market rate units with the same number of bedrooms.

C. Size. The size of affordable units shall be the same size as the market rate units in the development. For the purposes of this section, “same size” shall mean that the affordable units shall satisfy all of the following requirements:

1. The number of bedrooms in affordable units shall be the same as the number of bedrooms in the market rate units. If the market rate units have varied numbers of bedrooms, the distribution of the number of bedrooms in the affordable units shall be the same percentages as in the market rate units;

2. The square footage of an affordable unit shall be no less than ninety percent (90%) of the median square footage of the market rate units with the same number of bedrooms;

3. If the affordable unit is alienable separate from the title to any other dwelling unit, the parcel on which the affordable unit is located shall be no less than ninety percent (90%) of the median square footage of the parcels on which market rate units with the same number of bedrooms are located.

D. Distribution. In a mixed-income development, affordable units shall be dispersed throughout the development.

Without limiting the foregoing, in no event shall an affordable unit be adjacent to more than one other affordable unit (unless the adjacent affordable unit is located on a different floor in a multi-floor building). Residents of affordable units shall be entitled to use all of the same amenities and facilities of the residential development as residents of market rate units within the residential development.

E. For Sale Units. Projects consisting of for-sale units shall meet conditions for sale and re-sale, including equity sharing agreements, established in California Government Code Section 65915, et seq.

F. Local Preference. Except when prohibited by state or federal law, preference shall be given to households that live or work in Pinole when selling or leasing affordable units within a density bonus development.

17.38.060 APPLICATION PROCEDURE AND REVIEW.

A. Application Requirements. An application for a density increase or other incentives under this chapter shall be submitted in writing to the Planning Division to be processed concurrently with all other entitlements of the proposed housing development. The application for a housing development shall contain information sufficient to fully evaluate the request under the requirements of this chapter, and in connection with the project for which the request is made, including, but not limited to, the following:

1. A brief description of the proposed housing development;

2. The total number of housing units and/or shared housing units (as defined in California Government Code Section 65915(o)(6)) proposed in the development project, including unit sizes and number of bedrooms;

3. The total number of units proposed to be granted through the density increase and incentive program over and above the otherwise maximum density for the project site;

4. The total number of units to be made affordable for sale or rental to very low-, low- or moderate-income households, or senior citizens, or other qualifying residents;

5. The zoning, general plan designations, and assessor’s parcel number(s) of the project site;

6. A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveways, and parking layout;

7. A list of any concession(s) or incentive(s) being requested to facilitate the development of the project, and a description of why the concession(s) or incentive(s) is needed.

B. Application Review. The application shall be considered as follows:

1. Review of density bonus applications shall be in conjunction with the requested entitlements to develop the project. The approving authority for the requested entitlements shall also be the approving authority to approve, conditionally approve, or deny project entitlements and density bonus requests.

2. If the project or aspect of the project is not to be otherwise considered by the Planning Commission or the City Council, the request being made under this chapter shall be considered by the Community Development Director or designee. The request shall be approved if the applicant complies with the provisions of California Government Code Section 65915 et seq.

Reference 4R. Pinole Municipal Code Chapter 17.38 Density Bonus [Existing Chapter Reference]
Full Chapter included.

Existing chapter and text for reference. To be replaced by 4. Pinole Municipal Code Chapter

17.38 Density Bonus [Replacement of Existing Chapter with Comprehensive Revision]

CHAPTER 17.38

DENSITY BONUS
Sections:

17.38.010 Purpose.

17.38.020 Eligibility for density bonus and incentives and concessions.

17.38.030 General requirements.

17.38.040 Number and types of density bonuses and incentives and concessions allowed.

17.38.050 Location of density bonus units.

17.38.060 Continued availability.

17.38.070 Requirement to replace affordable housing to qualify for density bonus, incentive, or concession.

17.38.080 Process for approval or denial.

17.38.090 Administrative fee.

17.38.010 PURPOSE.

The purpose of this chapter is to provide incentives for the production of housing for very low income, lower income, moderate income, special needs, and senior households in the city and to establish procedures for carrying out the legislative requirements and complying with California Government Code Section 65915, et seq. In enacting this chapter, it is the intent of the city to facilitate the development of affordable housing by positively impacting the economic feasibility of providing lower income housing and implementing the goals, objectives, and policies of the city's housing element. (Ord. 2010-02 § 1 (part), 2010)

17.38.020 ELIGIBILITY FOR DENSITY BONUS AND INCENTIVES AND CONCESSIONS.

The city shall grant one (1) density bonus, with concessions or incentives, as specified in Section17.38.040 (number and types of density bonuses and incentives and concessions allowed), when the applicant for the residential development seeks and agrees to construct a residential development, excluding any units permitted by the density bonus awarded pursuant to this chapter, that will contain at least one (1) of the following:

A. Ten percent (10%) of the total units of a housing development for lower income households; B. Five percent (5%) of the total units of a housing development for very low income households; C. A senior citizen housing development or age-restricted mobile home park; or D. Ten percent (10%) of the total dwelling units in a common interest development as defined in California Civil Code Section 1351 for persons and families of moderate income, provided that all units in the development are offered to the public for purchase. The above units qualifying a development for a density bonus shall be referred to as “target units.” The applicant shall specify which of the above paragraphs the basis for the density bonus is. The percentage of total units proposed to qualify the development for a density bonus shall not be rounded up. Example: for a two hundred (200)-unit project that proposes twenty-one (21) lower income units (or 10.5%), the allowed density bonus would be based on ten percent (10%) lower income units, not eleven (11%).
(Ord. 2016-04 § 8 (part), 2016: Ord. 2010-02 § 1 (part), 2010)

17.38.030 GENERAL REQUIREMENTS.

The following general requirements apply to the application and determination of all incentives and bonuses:

A. Rounding. All density calculations resulting in fractional units shall be rounded up to the next whole number.

B. Relation to General Plan, Zoning. The granting of a density bonus, or a concession or incentive, shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.

C. Density Bonus Excluded in Calculation. The density bonus shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus.

D. Parking. Upon request by the applicant, the city shall not require that a housing development meeting the requirements of Section 17.38.020 (Eligibility for Density Bonus and Incentives and Concessions) provide a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds the following:

1. Zero (studio) to one (1) bedroom: one (1) on-site parking space per unit;

2. Two (2) to three (3) bedrooms: two (2) on-site parking spaces per unit;

3. Four (4) or more bedrooms: two and one-half (2 1/2) parking spaces per unit;

4. If the total of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subsection, a development may provide “on-site parking” through tandem parking or uncovered parking, but not through on-street parking.

E. Waived or Reduced Development Standards.

1. The city shall not apply any development standard that would have the effect of physically precluding the construction of a housing development meeting the requirements of Section 17.38.020 (Eligibility for Density Bonus and Incentives and Concessions) at the densities or with the incentives or concessions permitted by this chapter.

2. An applicant may submit to the city a proposal for the waiver or reduction of development standards, when standards would have the effect of physically precluding the proposed development, and may request a meeting with the city. Nothing in this section, however, shall be interpreted to require the city to waive or reduce development standards if:
a. The waiver or reduction would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, upon health and safety or the physical environment and for which the city determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or b. This would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
c. The waiver or reduction would be contrary to state or federal law.

3. A proposed waiver or reduction of development standards shall neither reduce nor increase the number of allowable incentives or concessions under Section 17.38.040.

F. Multiple Zoning Districts. If the site of a development proposal is located in two (2) or more zoning districts, the number of dwelling units permitted in the development is the sum of the dwelling units permitted in each of the zoning districts based on the site acreage within each zoning district. The permitted number of dwelling units may be distributed within the development without regard to the zone boundaries.

G. Affordable Housing Requirements. For projects subject to Chapter17.32 (Affordable Housing Requirements) of this title, the affordable housing units required by that chapter may be counted toward the affordable units required to qualify for a density bonus per Section 17.38.020.

H. Nothing in this chapter shall be construed to enlarge or diminish the authority of the city to require a developer to donate land as a condition of development.

I. Agreement Required.

1. Prior to the award of a density bonus and any related incentives or concessions, the applicant shall enter into an agreement with the city to ensure the continued affordability of all target units.

2. For all target units, the agreement shall specify the household-income classification, number, location, size and construction scheduling and shall require target units in a project and phases of a project to be constructed concurrently with the construction of non-target units. The agreement shall include such other provisions as necessary to establish compliance with the requirements of this chapter.

J. Reports. The applicant shall submit financial or other reports along with the application for the project to establish compliance with this chapter. The city may retain a consultant to review any financial report (pro forma). The cost of the consultant shall be borne by the applicant except if the applicant is a non-profit organization, the cost of the consultant may be paid by the city upon prior approval of the City Council.

K. CEQA Review. Any residential development that qualifies for a density bonus shall not be exempt from compliance with the California Environmental Quality Act.
(Ord. 2016-04 § 8 (part), 2016: Ord. 2010-02 § 1 (part), 2010)

17.38.040 NUMBER AND TYPES OF DENSITY BONUSES AND INCENTIVES AND CONCESSIONS ALLOWED.

A. Density Bonus. A housing development that satisfies the eligibility requirements in Section17.38.020 of this chapter shall be entitled to the following density bonus:

1. For developments providing ten percent (10%) lower income target units, the city shall provide a twenty percent (20%) increase above the otherwise maximum allowable residential density as of the date of application, plus a one-and-ahalf percent (1 1/2%) supplemental increase over that base for every one percent (1%) increase in low income target units above ten percent (10%). The maximum density bonus allowed including supplemental increases is thirty-five percent (35%).

2. For developments providing five percent (5%) very low income target units, the city shall provide a twenty percent (20%) increase above the otherwise maximum allowable residential density as of the date of application, plus a two and a half percent (2 1/2%) supplemental increase over that base for every one percent (1%) increase in very low income target units above five percent (5%). The maximum density bonus allowed including supplemental increases is thirty-five percent (35%).

3. For senior citizen housing developments, a flat twenty percent (20%) of the number of senior units.

4. For common interest developments providing ten percent (10%) moderate income target units, the city shall provide a five percent (5%) increase above the otherwise maximum allowable residential density as of the date of application, plus a one percent (1%) increase in moderate income units above ten percent (10%). The maximum density bonus allowed including supplemental increases is thirty-five percent (35%).

B. Number of Incentives or Concessions. In addition to the density bonus described in this section, an applicant may request specific incentives or concessions. The applicant shall receive the following number of incentives or concessions.

1. One (1) incentive or concession for projects that include at least ten percent (10%) of the total units for lower income households, at least five percent (5%) for very low income households, or at least ten percent (10%) for persons and families of moderate income in a common interest development.

2. Two (2) incentives or concessions for projects that include at least twenty percent (20%) of the total units for lower income households, at least ten percent (10%) for very low income households, or at least twenty percent (20%) for persons and families of moderate income in a common interest development.

3. Three (3) incentives or concessions for projects that include at least thirty percent (30%) of the total units for lower income households, at least fifteen percent (15%) for very low income households, or at least thirty percent (30%) for persons and families of moderate income in a common interest development.

4. The city shall grant the concession or incentive requested by the applicant unless it makes a written finding of either of the following:
a. The concession or incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c). b. The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. c. The concession or incentive would be contrary to state or federal law.

C. Available Incentives and Concessions.

1. A reduction in the site development standards or a modification of this title requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 Section (commencing with 18901) of Division 13 of the Health and Safety Code, including but not limited to a reduction in setback and square footage requirements and in the ratio of vehicle parking spaces that would otherwise be required and that results in identifiable, financially sufficient, and actual cost reductions.

2. Approval of mixed-use zoning in conjunction with the housing development if the non-residential land uses will reduce the cost of the housing development and the non-residential land uses are compatible with the housing development and existing or planned development in the area in which the housing development will be located.

3. Other regulatory incentives or concessions proposed by the applicant or the city that result in identifiable, financially sufficient, and actual cost reductions.

4. Priority processing of a housing development that qualifies for a density bonus based on income restricted units.

D. Additional Density Bonus and Incentives and Concessions for Donation of Land to the city.

1. When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the city and agrees to include a minimum of ten percent (10%) of the total units before the density bonus for very low income households, the applicant shall be entitled to a fifteen percent (15%) increase above the otherwise maximum allowable residential density, plus a one percent (1%) supplemental increase for each additional percentage of very low income units to a maximum density bonus of thirty-five percent (35%) for the entire development.

2. The density bonus provided in this subsection shall be in addition to any other density bonus provided by this chapter up to a maximum combined density bonus of thirty- five percent (35%).

3. The applicant shall be eligible for the increased density bonus described in this subsection if all of the following conditions are met:
a. The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application;
b. The developable acreage and zoning designation of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than ten percent (10%) of the number of residential units of the proposed development;
c. The transferred land is at least one (1) acre in size or of sufficient size to permit development of at least forty (40) units, has the appropriate general plan designation, is appropriately zoned with appropriate development standards for development at the density described in paragraph (3) of subdivision (c) of Section 65583.2 of the Government Code, and is

or will be served by adequate public facilities and infrastructure. d. The transferred land shall have all of the entitlements and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the city may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 of Government Code if the design is not reviewed by the city prior to the time of transfer; e. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with the requirements of this chapter which shall be recorded on the property at the time of the transfer;
f. The land is transferred to the city or to a housing developer approved by the city; g. The transferred land shall be within the boundary of the proposed development or, if the city agrees, within 1/4 mile of the boundary of the proposed development; and
h. A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.

4. Nothing in this subsection shall be construed to enlarge or diminish the authority of the city to require a developer to donate land as a condition of development.

E. Additional density bonus or incentives and concessions for development of child care facility.

1. Housing developments meeting the requirements of Section17.38.020 (Eligibility for Density Bonus and Incentives and Concessions) and including a child care facility that will be located on the premises of, as part of, or adjacent to the housing development shall receive either of the following:
a. An additional density bonus that is an amount of square footage of residential space that is equal to or greater than the amount of square footage in the child care facility. b. An additional incentive or concession that contributes significantly to the economic feasibility of the construction of the child care facility.

2. The city shall require the following as conditions of approving the housing development. a. The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the target units are required to remain affordable, pursuant to Subdivision (c) of Section 65915 of the Government Code; and
b. Of the children who attend the child care facility, the children of very low income households, lower income households, or persons or families of moderate income shall equal a percentage that is equal to or greater than the percentage of target units that are required pursuant to Section 17.38.020 (Eligibility for Density Bonus and Incentives and Concessions).

3. Notwithstanding any other requirements of this section, the city shall not be required to provide a density bonus or incentive or concession for a child care facility if it makes a written finding, based upon substantial evidence, that the community has adequate child care facilities.

F. Condominium Conversion Incentives for Low Income Housing Development.

1. An applicant for approval to convert apartments to a condominium project may submit to the city a preliminary proposal pursuant to this subsection prior to the submittal of any formal requests for subdivision map approvals. The city shall, within ninety (90) days of receipt of a written proposal, notify the applicant in writing of the manner in which it will comply with this subsection.

2. When an applicant for approval to convert apartments to a condominium project agrees to the following, the city shall grant either a density bonus of twenty-five percent (25%) over the number of apartments, to be provided within the existing structure or structures proposed for conversion, or provide other incentives of equivalent financial value. a. Provide at least thirty-three percent (33%) of the total units of the proposed condominium project to persons and families of low or moderate income, or provide at least fifteen percent (15%) of the total units of the proposed condominium project to lower income households; and
b. Agree to pay for the reasonably necessary administrative costs incurred by the city.

3. For purposes of this division, “other incentives of equivalent financial value” shall not be construed to require the city to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the city might otherwise apply as conditions of conversion approval.

4. The City may place such reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as the City finds appropriate, including but not limited to, conditions which assure continued affordability of units to subsequent purchasers who are persons and families of low and moderate income or lower income households.

5. Nothing in this subsection shall be construed to require the city to approve a proposal to convert apartments to

condominiums.

6. An applicant shall be ineligible for a density bonus or other incentives under this subsection if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentive was previously provided under Government Code Section 65915.

7. An applicant shall be ineligible for a density bonus or any other incentives or concessions under this Section if the condominium project is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through the City's valid exercise of its police power; or occupied by lower or very low income households, unless the proposed condominium project replaces those units, as defined in Government Code Section 65915(c)(3)(B), and either of the following applies:
a. The proposed condominium project, inclusive of the units replaced pursuant to Government Code Section 65915(c)(3)(B), contains affordable units at the percentages set forth in Subsection (a) above. b. Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a lower or very low income household.
(Ord. 2016-04 § 8 (part), 2016: Ord. 2010-02 § 1 (part), 2010)

17.38.050 LOCATION OF DENSITY BONUS UNITS.

The location of density bonus units within the housing development may be at the discretion of the developer. However, the target units shall be dispersed throughout the housing development and when feasible shall contain, on average, the same number of bedrooms as the non-target units in the development, and shall be compatible with the design or use of the remaining units in terms of appearance, materials, and quality finish. (Ord. 2016-04 § 7 (part), 2016: Ord. 2010-02 § 1 (part), 2010)

17.38.060 CONTINUED AVAILABILITY.

A. If a housing development provides low or very low income target rental units to qualify for a density bonus, the target units must remain restricted to lower or very low income households for a minimum of fifty-five (55) years from the date of issuance of the certificate of occupancy by the Building Official, or longer if required by the project financing.

B. In the case of all for-sale units that qualified the applicant for the award of the density bonus, the initial occupant shall be persons and families of very low, low, or moderate income households, as required. The applicant shall enter into and the City shall enforce an equity sharing agreement, unless it is in conflict with the requirements of another public funding source or law. The following requirements shall apply to the equity sharing agreement:

1. Upon resale, the seller of the target units shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The city shall recapture any initial subsidy and its proportionate share of appreciation which shall then be used within five (5) years for any of the purposes described in subdivision (e) of Section 33334.2 of the California Health and Safety Code that promote homeownership.

2. The city's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.

3. The city's "proportionate share" shall be equal to the ratio of the local government's initial subsidy to the fair market value of the home at the time of the initial sale.

C. Sales price for for-sale affordable very low, low, and moderate income units shall be set at affordable housing cost.

Rents for affordable low and very low income rental units shall be set at an affordable rent.

D. Unless otherwise governed by other funding sources, first priority for the affordable units will be given to individuals who reside, work, go to school, or have family in the City of Pinole.

E. The developer shall submit a project financial report (pro forma) demonstrating that the requested incentives or concessions are required to provide for affordable rents or affordable housing costs, as applicable. The City may retain a consultant to review the financial report. The cost of the consultant shall be borne by the developer with the following exception:

1. If the applicant is a nonprofit organization, the cost of the consultant may be paid by the City upon prior approval of the City Council.

F. All affordable units shall be occupied by the household type specified in the written agreement required under Section

17.38.030 I. The developer's obligation to maintain these units as affordable housing shall be evidenced by the master regulatory agreement which shall be recorded as deed restriction running with the land.

G. Prior to the rental or sale of any affordable unit, the City or its designee, shall verify the eligibility of the prospective tenant or buyer.

H. The City may establish fees associated with the setting up and monitoring of affordable units.

I. For rental affordable very low and low income units:

1. The owner shall obtain and maintain on file certifications by each household. Certification shall be obtained immediately prior to initial occupancy by each household and annually thereafter, in the form provided by the City or its designee. The owner shall obtain updated forms for each household on request by the City, but in no event less frequently than once a year. The owner shall maintain complete, accurate and current records pertaining to the housing development, and shall permit any duly authorized representative of the City to inspect the records pertaining to the affordable units and occupants of these units.

2. The owner shall submit an annual report to the City, on a form provided by the City. The report shall include for each affordable unit the rent, income, and family size of the household occupying the unit.

3. The owner shall provide to the City any additional information required by the City to insure the long-term affordability of the affordable units by eligible households. (Ord. 2016-04 § 8 (part), 2016: Ord. 2010-02 § 1 (part), 2010)

17.38.070 REQUIREMENT TO REPLACE AFFORDABLE HOUSING TO QUALIFY FOR DENSITY BONUS, INCENTIVE, OR CONCESSION.

A. An applicant shall be ineligible for a density bonus or any other incentives or concessions under this Chapter if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through the City's valid exercise of its police power; or occupied by lower or very low income households, unless the proposed housing development replaces those units, and either of the following applies:

1. The proposed housing development, inclusive of the units replaced pursuant to this paragraph, contains affordable units at the percentages set forth in Section 17.38.040 A.

2. Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a lower or very low income household.

B. For the purposes of this Section, "replace" shall mean either of the following:

1. If any dwelling units described in Subsection (A) above are occupied on the date that the application is submitted to the City, the proposed housing development shall provide at least the same number of units of equivalent size, or type, or both, to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy. For unoccupied dwelling units described in Subsection (a) above in a development with occupied units, the proposed housing development shall provide units of equivalent size or type, or both, to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category in the same proportion of affordability as the occupied units. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to Subsection (B)(2) below.

2. If all dwelling units described in Subsection (A) above have been vacated or demolished within the five-year period preceding the application, the proposed housing development shall provide at least the same number of units of equivalent size or type, or both, as existed at the highpoint of those units in the five-year period preceding the application to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at that time, if known. If the incomes of the persons and families in occupancy at the highpoint is not known, then one-half of the required units shall be made available at affordable rent or affordable housing cost to, and occupied by, very low income persons and families and one-half of the required units shall be made available for rent at affordable housing costs to, and occupied by, low-income persons and families. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to Section 17.38.060 B. (Ord. 2016-04 § 8 (part), 2016)

17.38.080 PROCESS FOR APPROVAL OR DENIAL.

A. Process for Approval. The density bonus and incentive(s) and concession(s) request shall be considered in conjunction with any necessary development entitlements for the project. The designated approving authority for density bonuses, incentives, and concessions shall be the City Council. In approving the density bonus and any related incentives or concessions, the city and applicant shall enter into a density bonus agreement.

B. Approval of Density Bonus Required. The city shall grant the density bonus requested by the applicant provided it is consistent with the requirements of this chapter and state law.

C. Approval of Incentives or Concessions Required Unless Findings Made. The city shall grant the incentive(s) and

concession(s) requested by the applicant unless the city makes a written finding, based upon substantial evidence, of any of the following:

1. The incentive or concession is not required in order to provide for affordable housing costs or affordable rent for the target units.

2. The incentive or concession would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which the city determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate income households.

3. The concession or incentive would be contrary to state or federal law. (Ord. 2016-04 § 8 (part), 2016: Ord. 2010-02 § 1 (part), 2010)

17.38.090 ADMINISTRATIVE FEE.

The city shall charge applicants an administrative fee to cover the city's cost to review all materials submitted in accordance with this chapter and for ongoing enforcement of this chapter. The amount of the administrative fee shall be established by City Council resolution and updated as required. Fees will be charged for staff time and materials associated with:

A. Review and approval of applications for the proposed development; B. Project marketing and lease-up; and
C. Long-term compliance of the applicant and successors-in-interest to the applicant, with respect to the affordable housing units.
(Ord. 2016-04 § 8 (part), 2016: Ord. 2010-02 § 1 (part), 2010)

5. Pinole Municipal Code Chapter 17.61 Low Barrier Navigation Centers [New Chapter]
Full Chapter included.

All text is new text, shown in bold and underline.

CHAPTER 17.61

LOW BARRIER NAVIGATION CENTERS
Sections:

17.61.010 Purpose.

17.61.020 Permit requirements.

17.61.030 Facility requirements.

17.61.040 Application review.

17.61.010 PURPOSE.

The purpose of this chapter is to establish regulations governing establishment of low barrier navigation centers that provide service-enriched shelter focused on moving people into permanent housing consistent with California Government Code Section 65660.

17.61.020 PERMIT REQUIREMENTS.

A. Allowable Use Requirements. Low barrier navigation centers are uses allowed by right as established in Article II. (Zoning Districts, Allowed Uses, and Development Standards), including in the land use tables within Title 17 or within the City’s specific plan as applicable, where such uses meet all requirements outlined in this Chapter, consistent with the provisions of Government Code Section 65660, et sq.

B. Application Review.

1. New Development. Applications for low barrier navigation centers requiring new construction or additions to existing structures shall be subject to approval of applicable entitlements under Chapter 17.12.

2. No New Development or Interior Renovations. Applications for low barrier navigation centers that do not involve new construction or involve only interior renovations of existing facilities shall be reviewed through permits required to establish the business and operations. Information and materials that address facility requirements established in this Chapter shall be included with such permits.

17.61.030 FACILITY REQUIREMENTS.

A. Service. The facility offers services to connect people to permanent housing through a services plan that identifies services staffing.

B. Coordinated Entry System. The facility is linked to a coordinated entry system, so that staff in the interim facility or staff who colocate in the facility may conduct assessments and provide services to connect people to permanent housing.

1. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

C. Welfare and Institutions Code. The facility complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

D. Information System. The facility has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

E. Development. New development shall meet all applicable development standards of the underlying zoning district.

17.61.040 APPLICATION REVIEW.

A. Completeness Review. The City will notify the applicant on whether the application is complete within 30 days of receipt of an application for a Low Barrier Navigation Center development and identify items required to complete an incomplete application.

B. Action on Complete Application. Within 60 days of receipt of a completed application for a Low Barrier Navigation Center development, the City will act upon its review of the application.

C. Entitlements and Permits. Nothing in this chapter shall preclude the need to obtain approval of entitlements or permits required to construct or renovate the facilities.

6. Pinole Municipal Code Chapter 17.62 Emergency Shelters [Amendment]
Full Chapter included.

Text to be removed shown in strikeout text.

Text to be added shown in bold and underline.

CHAPTER 17.62

EMERGENCY SHELTERS
Sections:

17.62.010 Purpose.

17.62.020 Permit requirements and exceptions.

17.62.030 Development requirements.

17.62.040 Operational requirements.

17.62.010 PURPOSE.

The purpose of this chapter is to establish regulations governing the erection, operation, and occupancy of emergency shelters to allow for the adequate requirement of emergency housing services for vulnerable members of the community while protecting and upholding the general public health, safety, and welfare. (Ord. 2016-04 § 7 (part), 2016: Ord. 2010-02 § 1 (part), 2010)

17.62.020 PERMIT REQUIREMENTS AND EXCEPTIONS.

A. Permit Requirements. Emergency shelters are conditionally allowed or allowed by right as established in Article II. (Zoning Districts, Allowed Uses, and Development Standards), including in the land use tables within Title 17 or within the City’s specific plan as applicable. In addition to satisfying the requirements listed below, emergency shelters shall comply with all federal and California licensing requirements and all applicable California or Uniform Building and Fire Codes, including maximum occupancy restrictions.

B. Exceptions to Permit Requirements.

1. Emergency Shelters may exceed the maximum thirty (30)-bed limitation below through a conditional use permit subject to approval by the designated approving authority, in accordance with Government Code Section 65589.5(d). (Ord. 2016-04 § 7 (part), 2016: Ord. 2010-02 § 1 (part), 2010)

17.62.030 DEVELOPMENT REQUIREMENTS.

A. Location and Separation. Emergency shelters of more than ten (10) persons shall be situated more than three hundred (300) feet from any other emergency shelter.

B. Physical Characteristics.

1. The maximum number of beds for emergency shelters shall be thirty (30) unless a conditional use permit is applied for and approved. The maximum number of beds and requirement to obtain a conditional use permit does not apply in situations of city- or statewide designated disasters or catastrophic conditions. 2 Smoke detectors, approved by the Fire Department, shall be provided in all sleeping and food preparation areas for emergency shelters.

3. The size of an emergency shelter shouldshall be in character with the surrounding neighborhood. However, character shall not be a basis for denial, if an emergency shelter meets all objective standards.

4. The emergency shelter shall have an interior, onsite waiting and client intake area that is a minimum of two-hundred (200) square feet. The emergency shelter shall include a landscaped exterior waiting area that is a minimum of one hundred (100) square feet, so that clients waiting for services are not required to use the public sidewalk for queuing.

5. The emergency shelter shall have on-site parking that provides at least one space per staff member working in the shelter, except the minimum parking requirement of another type of residential or commercial use permitted in the same zoning district may be applied if it results in fewer required spaces, consistent with the requirements of California Government Code Section 65583(a)(4)(ii).provided at the rate of:
a. One (1) space per three (3) beds plus;
b. One (1) space per employee;
c. Off-street parking may only be required based on demonstrated need, provided that the same requirements applied are those for residential or commercial uses within the same zone.

6. The emergency shelter shall have exterior lighting consistent with Chapter 17.46 (Lighting).

7. New development shall meet all applicable objective development standards of the underlying zoning district, such as height limits and setback requirements, except as otherwise established by this chapter. (Ord. 2016-04 § 7 (part), 2016: Ord. 2010-02 § 1 (part), 2010)

17.62.40 OPERATIONAL REQUIREMENTS.

A. Emergency shelters shall provide on-site management and support staff at all times during shelter use.

B. Emergency shelters shall have on-site security during the hours that the emergency shelter is in operation. (Ord. 2016-04 § 7 (part), 2016: Ord. 2010-02 § 1 (part), 2010)

7. Pinole Municipal Code Chapter 17.98 Glossary of Terms [Amendment]
Section 17.98.010, 17.98020 “Family” definition, 17.98.020 “Household” definition included.

Text to be removed shown in strikeout text.

Text to be added shown in bold and underline.

ARTICLE VI

GLOSSARY
CHAPTER 17.98

GLOSSARY OF TERMS
Sections:

17.98.010 Purpose.

17.98.020 General definition

17.98.010 PURPOSE.

The purpose of this chapter is to provide general definitions of the terms and phrases used in the code that are technical or specialized in an effort to ensure consistency in the interpretation of the Zoning Code. Definitions are organized alphabetically.
(Ord. 2016-03 § 3 (part), 2016; Ord. 2012-05 § 6 (part), 2012: Ord. 2010-02 § 1 (part), 2010)

17.98.020 GENERAL DEFINITIONS.
…
FAMILY. See “Household.”All persons living in a household, whether or not related by blood, marriage or adoption. …
HOUSEHOLD. One (1) or more persons, whether or not related by blood, marriage, or adoption, sharing a dwelling unit in a living arrangement usually characterized by that may include shared facilities, resources, and sharing living expenses, such as rent or mortgage payments, food costs, and utilities, as well as maintaining a single lease or rental agreement for all members of the household and other similar characteristics indicative of a single household. …