residence.
F. Parking and Vehicle Access.
1. The ADU shall be provided with one (1) additional off-street parking space per ADU or bedroom, whichever is less.
However, no additional parking spaces shall be required for an ADU which is:
a. Part of the existing or proposed primary residence or an existing accessory structure; b. Located within one-half mile of a public transit stop; c. Located within an architecturally and historically significant historic district; d. Is located within one (1) block of a car share vehicle; or e. In a location where on-street parking permits are required, but not provided to the occupant of the ADU.
2. Replacement parking shall not be required where a garage, carport, or covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU. a. A demolition permit for a detached garage that is to be replaced with an ADU shall be reviewed with the application for the ADU and issued at the same time. An applicant shall not be required to post any written notice or placards for demolition of a detached garage that is to be replaced with an ADU, where posting of such written notice or placard may otherwise be required.
3. The parking spaces required for the accessory dwelling unit can be in tandem to the required parking of the primary dwelling unit, as tandem parking on a driveway, may be uncovered, and/or can be located within the front setback if it can be demonstrated that no other option exists. Such parking is allowed unless specific findings that are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
4. The ADU shall utilize the same vehicular access that serves the primary dwelling unit. If the parcel is a through lot, access for both the single-family home and the ADU shall be limited to one (1) point or side of the lot for both dwelling units.
5. No additional parking spaces shall be required for a JADU.
G. Construction, and Utilities, Connections, and Impact Fees.
1.The ADU shall meet all applicable building and construction requirements as adopted by the city that apply to the construction of single-family detached dwellings, as appropriate, including but not limited to sewer and utility services, as appropriate and unless otherwise exempt by State law.
2. An ADU shall be served by public water and sewer and shall have access to an improved street.
3. An ADU is not considered a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the ADU was constructed with a new single-family dwelling.
4. An ADU is not required to provide fire sprinklers if they are not required for the primary residence. The construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
5.2a. An ADU within a primary dwelling unit or an existing accessory structure, or a JADU, is not required to install a new or separate utility connection directly between the ADU and the utility or impose a related connection fee or capacity charge, unless the ADU was constructed with a new single-family home or upon separate conveyance of the ADU.
b. For purposes of providing service for water, sewer, or power, including a connection fee, a JADU is not to be considered a separate or new dwelling unit from the single-family residence.
4. The ADU shall be served by public water and sewer and shall have access to an improved street.
6. JADU Regulations Related to the Primary Residence
a. For the purposes of providing service for water, sewer, or power, including a connection fee, a JADU is not considered a separate or new dwelling unit from the single-family residence. Service or connection fees for water, sewer, or power established by ordinances and regulations that uniformly apply to all single-family residences shall apply to a single-family residence that contains a JADU.
b. A JADU is not considered a separate or new dwelling unit for the purposes of fire and life protection ordinances.
Fire and life protection ordinances and regulations that uniformly apply to all single-family residences shall apply to a single-family residence that contains a JADU.
c. A permit to create a JADU shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the JADU.
75. Impact fees shall not be charged for ADUs less than seven hundred fifty (750) square feet. Any impact fees charged for an ADU of seven hundred fifty (750) square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.
H. Operations
1. Separate Sales
a. A JADU shall not be sold or conveyed separately from the primary dwelling unit. b. An ADU shall not be sold or conveyed separately from the primary dwelling unit, except:
i. The ADU or the primary dwelling was built or developed by a qualified nonprofit corporation, and the proposal meets the requirements of Government Code Section 66340 to 66341. ii. As otherwise mandated by the California Government Code, or as otherwise allowed if a local ordinance is adopted to provide for the separate conveyance of the primary dwelling unit and accessory dwelling unit or units as condominiums beyond what is described in subsection (i).
2. Rental Term. An ADU shall only be rented for rental terms longer than thirty (30) days.
3. Occupancy. If a project proposes a JADU, the owner of the property shall live in either the primary residence or JADU.
(Ord. 2020-04 § 2, 2020; Ord. 2017-08 § 2 (part), 2017; Ord. 2010-02 § 1 (part), 2010)
17.70.050 DECLARATION OF RESTRICTION.
Prior to issuance of a building permit final, all property owners of record shall sign and record a Declaration of Restrictions with the County Recorder in a form satisfactory to the Zoning Administrator consenting to the operations and requirements described in this chapter and as otherwise permitted by State lawstating, as applicable, that 1) the ADU or JADU shall not be sold separately from the primary residential unit on the lot, 2) the ADU shall only be rented for rental terms longer than thirty (30) days, and 3) an owner of the property shall live in either the primary residence or JADU, if there is a JADU on the property. The ADU or JADU shall be found to be in non-compliance with the Zoning Code if the City finds the Declaration of Restrictions has been breached.
(Ord. 2020-04 § 2, 2020; Ord. 2017-08 § 2 (part), 2017; Ord. 2010-02 § 1 (part), 2010)
17.70.060050 AFFORDABLE HOUSING INCENTIVE.
The city may, subject to the availability of funds and approval of the City Council, allow any applicable city development impact fees for accessory dwelling units to be paid from the city's available affordable housing fund for any new accessory dwelling unit rented to eligible very low and low income households after recording a Housing Affordability Control Agreement, subject to the review and approval of the City Attorney that shall run with the property for fifty five (55) years.
Owners of accessory dwelling units affordable to very low income households shall be eligible for complete reimbursement of city development impact fees upon recordation of the Affordability Control Agreement. Owners of accessory dwelling units affordable to low income households shall be eligible for reimbursement of seventy-five percent (75%) of the city development impact fees based on the available balance of the city's affordable housing fund established by the City Council for this purpose. Maximum annual rents, adjusted for accessory dwelling unit household size, shall be calculated by the City Manager or his/her designee annually based on published Contra Costa County income limits provided by the State Department of Housing and Community Development. Any reimbursement payment shall be repaid, along with five percent (5%) monthly interest charge, as well as the city's housing affordability monitoring expenses if an affordability control agreement is violated during the affordability period.
(Ord. 2020-04 § 2, 2020; Ord. 2017-08 § 2, 2017)
4. Pinole Municipal Code Chapter 17.71 SB9 Urban Lot Split and Unit Development [New Chapter]
Full Chapter included.
All text is new text, shown in bold and underline.
CHAPTER 17.71
SB9 URBAN LOT SPLIT AND UNIT DEVELOPMENT
Sections:
17.71.010 Purpose.
17.71.020 Applicability.
17.71.030 Definitions.
17.71.040 Eligibility.
17.71.050 Application Review Process.
17.71.060 Standards and Requirements for Urban Lot
Splits.
17.71.070 Standards and Requirements for Unit
Development.
17.71.080 Declaration of Restriction.
17.71.010 PURPOSE
The purpose of this chapter is to establish procedures and standards for reviewing urban lot split and unit development projects proposed under the provisions of Senate Bill 9 (SB 9), as set forth in California Government Code § 65852.21 and 66411.7.
17.71.020 APPLICABILITY
The regulations and standards contained in this chapter shall apply to projects proposing to use the provisions of SB 9 to create a unit, urban lot split, or both, and shall be in addition to any other applicable development standards and regulations contained elsewhere within Title 17 Zoning Code. Projects proposed under SB 9 shall meet eligibility criteria established in this Chapter, consistent with California Government Code § 65852.21 and 66411.7. This Chapter does not apply to construction of accessory dwelling units and junior accessory dwelling units under Chapter 17.70.
17.71.030 DEFINITIONS
For the purposes of this Chapter, the following definitions apply to projects proposing an urban lot split or unit development under the provisions of SB 9.
A. Single Family Residential Zoning District. Single family residential zoning districts, for the purposes of this Chapter, include Low Density Residential (LDR) and Suburban Residential (R-1).
B. Unit Development. The development of a primary dwelling unit, subject to the standards and requirements of this Chapter.
C. Urban Lot Split. A subdivision of one parcel located in a single family residential zoning district into two parcels, subject to the standards and requirements of this Chapter.
D. High-quality Transit Corridor. As defined in subdivision (b) of Section 21155 of the Public Resources Code, a high-quality transit corridor means a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours.
E. Major Transit Stop. As defined in Section 21064.3 of the Public Resources Code, a major transit stop means a site that contains any of the following: (a) An existing rail or bus rapid transit station, (b) A ferry terminal served by either a bus or rail transit service, or (c) The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
F. Specific, Adverse Impact. As defined in Section 65589.5(d)(2), specific, adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. The following shall not constitute a specific, adverse impact upon the public health or safety:
1. Inconsistency with the zoning ordinance or general plan land use designation.
2. The eligibility to claim a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code.
17.71.040 ELIGIBILITY
A. General Criteria. Projects for a proposed urban lot split or unit development are required to meet the general eligibility criteria provided below:
1. Single Family Residential Zoning District. The parcel must be located in a single family residential zoning district.
2. Not Withdrawn from Rental. The property is not a parcel where the owner had withdrawn accommodations
from rent or lease (as a residential hotel), under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1, within the last fifteen (15) years.
3. Not Historic. The property is not listed as a historic property or in a historic district under local or State register of historic resources.
B. Urban Lot Split Criteria. Projects for a proposed urban lot split are required to meet additional eligibility criteria provided below:
1. Previous Urban Lot Split Limitations. An urban lot split may be conducted only where all of the following applies:
a. The parcel has not been established through a prior SB9 urban lot split. b. Neither the owner nor any person acting in concert with the owner has subdivided an adjacent parcel through a prior SB9 urban lot split.
2. Limitations on demolition or alteration of certain existing housing:
a. No demolition or alteration of housing with a recorded affordability restriction. b. No demolition or alteration of housing under rent or price control. c. No demolition or alteration of housing that has been occupied by a tenant in the last three (3) years.
C. Unit Development Criteria. Projects for a proposed unit development are required to meet additional eligibility criteria provided below:
1. Floor Area. Units shall be consistent with maximum unit sizes established under this Chapter.
2. Limitations on demolition or alteration of certain existing housing:
a. No demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. b. No demolition or alteration of housing under rent or price control. c. No demolition or alteration of housing that has been occupied by a tenant in the last three (3) years.
D. Locational Limitation Criteria. Projects shall not be located on a site that is any of the following, consistent with California Government Code Section 65913.4(a)(6)(B) to 65913.4(a)(6)(K):
1. Prime Farmland or Farmland of Statewide Importance. Prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
2. Wetlands. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
3. Very High Fire Hazard Severity Zone. Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within the state responsibility area, as defined in Section 4102 of the Public Resources Code.
a. This does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development, including, but not limited to, standards established under all of the following or their successor provisions: (i) Section 4291 of the Public Resources Code or Section 51182, as applicable; (ii) Section 4290 of the Public Resources Code; (iii) Chapter 7A of the California Building Code (Title 24 of the California Code of Regulations).
4. Hazardous Waste Site. A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless either of the following apply:
a. The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5. b. The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.
5. Earthquake Fault Zone. Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
6. Flood Hazard Zone. Within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
a. The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
b. The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section
59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
7. Floodway. Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
8. Conservation Land. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
9. Habitat for Protected Species. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
10. Conservation Easement. Lands under a conservation easement.
17.71.050 APPLICATION REVIEW PROCESS
A. Application Approval Consideration.
1. Applications for urban lot splits and unit development meeting the standards and requirements of this Chapter shall be ministerially approved without public hearings or discretionary review.
2. Applications under this Chapter shall be approved or denied within 60 days from the date the Planning Division receives a completed application, consistent with the provisions of California Government Code Section 65852.21 and 66411.7.
a. If an application is denied, the Planning Division shall provide the applicant a full set of written comments with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
B. Urban Lot Split Application. The applicant shall submit an application for a proposed urban lot split to the Planning Division for ministerial review to verify consistency with eligibility criteria under SB 9, required application checklist items, and compliance with standards and requirements under this Chapter and the Subdivision Map Act (commencing with Government Code Section 66410). An application that meets the standards and requirements under this Chapter and all applicable objective requirements of the Subdivision Map Act shall be approved ministerially.
Notwithstanding anything in this Code to the contrary, such approval shall be granted by the City Engineer, and shall not require approval from the Planning Commission or City Council.
C. Unit Development Application. The applicant shall submit an application for the design of a proposed unit to the Planning Division for ministerial review to verify consistency with eligibility criteria under SB 9, required application checklist items, and compliance with standards and requirements under this Chapter. An application that meets the standards and requirements under this chapter shall be approved ministerially by the Zoning Administrator.
D. Tree Removal in Conjunction with Applications. The removal of any protected tree in conjunction with construction proposed under the provisions of this Chapter shall require a tree removal permit. Notwithstanding the requirements of Chapter 17.96 Tree Removal, a tree removal permit application shall be processed ministerially at the staff level and concurrently with an application proposed under this Chapter.
17.71.060 STANDARDS AND REQUIREMENTS FOR URBAN LOT SPLITS A. General Development Standards. The project shall be consistent with the standards of the zoning district applicable to the site, except as provided under this Chapter. Except for the standards set forth in this chapter, no development standards shall apply if they would have the effect of physically precluding the construction of two units of at least 800 square feet on the parcel(s).
B. Total Lots. An urban lot split conducted under the provision of this chapter shall result in no more than two (2) lots.
C. Total Units per Lot. No more than two (2) total units, inclusive of primary dwelling units, accessory dwelling units, and junior accessory dwelling units, may be located on each parcel created through the urban lot split.
D. Lot Sizes.
1. Each parcel shall be a minimum of one thousand two hundred (1,200) square feet.
2. A parcel may be no smaller than forty percent (40%) of the original parcel size and no larger than sixty percent (60%) of the original parcel size.
E. Setbacks
1. Each parcel shall allow for minimum side and rear setbacks that are minimum four (4) feet. Parcels with a front lot line shall provide for a front setback that is a minimum of twenty (20) feet, except as otherwise allowed per Chapter 17.56 Yard and Setback Regulations.
2. No setback required for an existing structure or a structure constructed in the same location with the same dimensions.
F. Access to Streets and Services
1. Parcels created through the urban lot split shall have access to, provide access to, or adjoin the public rightof-way. a. Access shall meet objective design standards for circulation, pedestrian and vehicular access, or driveways, as may be applicable.
2. Project may be required to establish easements if required by the City for the provision of public services and facilities, as provided under Government Code Section 66411.7(e).
G. Parking.
1. A minimum of one off-street parking space shall be required per unit, except for the following:
a. The parcel is located within a half mile of a high-quality transit corridor or major transit stop; or b. The parcel is located within one block of a car share vehicle.
2. Parking may be provided in any configuration on the parcel, including in the driveway, provided the project complies with the following requirements:
a. Parking design and dimensions are consistent with the standards under Chapter 17.48 Parking and Loading Requirements.
b. Parking does not obstruct pedestrian or vehicular access to other units and parking spaces.
H. Ongoing Requirements.
1. Residential Use. Primary uses on lots created through an urban lot split under this Chapter are limited to residential uses.
2. Occupancy. The property owner must intend to occupy one of the units as their principal residence for a minimum of three (3) years from the date of urban lot split approval. Except, such occupancy is not required for community land trusts or qualified nonprofit corporations, as provided by Government Code Section 66411.7. a. As part of the application, the owner shall submit a signed affidavit stating that they intend to occupy one of the housing units on the site as their principal residence for a minimum of three (3) years from the date of the approval of the urban lot split.
3. No Short-Term Rentals. Rental of any units created through SB 9 are required to be for terms longer than thirty (30) days.
17.71.070 STANDARDS AND REQUIREMENTS FOR UNIT DEVELOPMENT A. General Development Standards. The project shall be consistent with the standards of the zoning district applicable to the site, except as provided under this Chapter.
B. Total Units.
1. Up to two (2) primary units per parcel may be created through the provisions of this Chapter. Additionally, a project may not result in more than two (2) primary units per parcel.
C. Setbacks.
1. Front setback. On a parcel with a front lot line separating the lot from a street, the front setback shall be a minimum of twenty (20) feet or as otherwise allowed per Chapter 17.56 Yard and Setback Regulations, unless such setbacks would physically preclude the construction of the unit(s) or preclude the unit(s) from being at least eight hundred (800) square feet.
2. Side setback. The side setback shall be a minimum of four (4) feet.
3. Rear setback. The rear setback shall be a minimum of four (4) feet.
4. Setbacks from Other Structures. The minimum distance between structures on the same parcel shall be six (6) feet, unless this would physically preclude the construction of the unit(s) or preclude the unit(s) from being at least eight hundred (800) square feet.
5. Existing Structure Setback Exceptions. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
E. Parking.
1. A minimum of one off-street parking space shall be required per unit, except no minimum parking shall be required for the following:
a. The parcel is located within one-half mile walking distance of a high-quality transit corridor or major transit stop; or
b. The parcel is located within one block of a car share vehicle.
2. Parking may be provided in any configuration on the parcel, including in the driveway, provided the project complies with the following requirements:
a. Parking design and dimensions are consistent with the standards under Chapter 17.48 Parking and Loading Requirements.
b. Parking does not obstruct pedestrian or vehicular access to other units and parking spaces.
F. Ongoing Requirements.
1. No Short-Term Rentals. Rental of units created through SB 9 are required to be for terms longer than thirty (30) days.
G. Objective Design Standards. Projects shall be consistent with the development standards of the zoning district applicable to the site, except as provided under this Chapter. Except for the standards set forth in this chapter, no development standards shall apply if they would have the effect of physically precluding the construction of two units of at least 800 square feet on the parcel(s).
17.71.080 DECLARATION OF RESTRICTION
Prior to building permit final, all property owners of record shall sign and record a Declaration of Restrictions with the County Recorder in a form satisfactory to the Zoning Administrator consenting to the operations and requirements described in this chapter and as otherwise permitted by State law. An urban lot split or unit development shall be found to be in non-compliance with the Zoning Code if the City finds the Declaration of Restrictions has been breached.
17.71.090 INTERPRETATION
If any portion of this Chapter conflicts with applicable State law, State law shall supersede this Section. Any ambiguities in this Section shall be interpreted to be consistent with State law
5. (Accessory Dwelling Unit Amnesty Program) Pinole Municipal Code Chapter 17.70 Accessory Dwelling Units and Junior Accessory Dwelling Units [Amendment]
Section 17.70.010, Section 17.70.020, and New Section 17.70.070 are included (excerpt of Chapter 17.70 Accessory Dwelling Units and Junior Accessory Dwelling Units).
Text to be removed shown in strikeout text.
Text to be added shown in bold and underline.
CHAPTER 17.70
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS Sections:
17.70.010 Purpose.
17.70.020 Applicability.
17.70.030 Permit requirements.
17.70.040 Performance standards.
17.70.050 Declaration of restrictions
17.70.0600
50 Affordable housing incentive.
17.70.060 Amnesty and Enforcement Delay Ordinance for Unpermitted ADUs and JADUs
17.70.010 PURPOSE.
The purpose of this chapter is to establish procedures for reviewing the placement of accessory dwelling units and junior accessory dwelling units in residential and mixed-use zoning districts, address the state's accessory dwelling unit (ADU) and junior accessory dwelling unit (JADU) requirements, as set forth in California Government Code § 66310 to 6634265852.2 and 65852.22, provide a pathway for amnesty for unpermitted JADUs and ADUs, and implement the general plan policies which encourage more affordable rental housing, while maintaining the quality of existing residential neighborhoods. (Ord. 2020-04 § 2, 2020; Ord. 2017-08 § 2 (part), 2017; Ord. 2010-02 § 1 (part), 2010)
17.70.020 APPLICABILITY.
The regulations and standards contained in this chapter shall apply to all new accessory dwelling units (ADU) and junior accessory dwelling units (JADU) in the city, including previously unpermitted ADUs and junior accessory dwelling units (JADU) ) in the city, including previously unpermitted ADUs and JADUs constructed prior to January 1, 2020, that are legalized, and shall be in addition to any other development standards and regulations contained elsewhere within Title 17 Zoning Code that apply to primary dwelling units (e.g., lighting). ADUs are permitted on all lots zoned to allow singlefamily and multi-family residences that have an existing or proposed single-family or multi-family residence. JADUs are permitted on lots with an existing or proposed single-family residence. For the purposes of this title, ADUs and JADUs are not considered accessory structures as otherwise regulated in Chapter 17.30. (Ord. 2020-04 § 2, 2020; Ord. 2017-08 § 2 (part), 2017; Ord. 2010-02 § 1 (part), 2010) …
17.70.060 AMNESTY AND ENFORCEMENT DELAY ORDINANCE FOR UNPERMITTED ADUS AND JADUS A. Definitions. For the purposes of this Section, "Unpermitted Junior/Accessory Dwelling Units" shall mean JADUs and ADUs built without prior approval pursuant to the requirements of Section 17.12.030 (Plan Check).
B. Eligibility and Owner Rights. The owner of an Unpermitted Junior/Accessory Dwelling Unit has a right to request:
1. Amnesty from any violation of a performance standard in PMC Section 17.70.40 if the Unpermitted Junior/Accessory Dwelling Unit was constructed prior to January 1, 2020; and
2. Delay in enforcement of the Building Code, and local amendments thereof, as adopted under PMC Title 15 if the Unpermitted Junior/Accessory Dwelling Unit was built prior to the effective date of this Section.
To qualify for amnesty or enforcement delay, owners must submit an application as prescribed by the Community Development Director or their designee.
C. Application Process.
1. Amnesty JADU/ADU. The owner of an Unpermitted Junior/Accessory Dwelling Unit that can provide suitable proof that said unit was constructed prior to January 1, 2020, may submit an Amnesty JADU/ADU Permit application in the form and manner prescribed by the Community Development Director or their designee. Suitable proof includes but is not limited to:
a. Assessor’s records;
b. Rental contracts and/or receipts;
c. Income tax records;
d. Utility bills;
e. Contractor’s bills; and/or
f. Written affidavits from former owners, tenants, or neighbors, signed and notarized under penalty of perjury.
2. Enforcement Delay. Owners may request a delay in enforcement for Building Code violations for units built prior to the effective date of this Section in the form and manner prescribed by the Community Development Director or their designee. The Building Code enforcement delay shall be for a period of no more than five (5) years on the basis that correcting the violation is not necessary to protect the public health and safety. The Community Development Director or their designee shall grant the owner's Building Code enforcement delay request unless the Community Development Director or their designee makes a finding that correcting the violation is necessary to comply with conditions that would otherwise deem a building “substandard” housing as defined by Health and Safety Code Section 17920.3. Any future violations by owners or tenants will result in revocation of the delay.
3. Sewer Lateral Compliance. Owners applying for ADU Amnesty shall demonstrate compliance with the City’s sewer lateral inspection program.
D. Fees and Administrative Costs. Applicants shall pay administrative fees, established by City Council resolution, to process Amnesty JADU/ADU Permit applications and enforcement delay requests.
E. City Support and Resources. To support a pathway to amnesty and increase program participation, the City shall provide:
1. Accessible public information regarding:
a. The conditions that constitute substandard housing under Health and Safety Code §17920.3; and b. The right of property owners to obtain a confidential, third-party inspection from a licensed contractor before submitting an Amnesty ADU/JADU Permit application.
2. An online self-assessment checklist for owners of Unpermitted Junior/Accessory Dwelling Units interested in pursuing an Amnesty JADU/ADU Permit.
3. Free and confidential staff consultations to discuss amnesty options.
F. Enforcement Actions.
1. Notice and Compliance Requirements. When issuing notices of violation for Unpermitted Junior/Accessory Dwelling Units built before the effective date of this Section, the City shall, until January 1, 2030, include a statement of the owner’s rights to:
a. Request amnesty for performance standard violations in PMC Section 17.70.40 for units established and occupied before January 1, 2020;
b. Request a delay in enforcement of the Building Code and related local amendments for units built before the effective date of this Section.
c. Hire a licensed contractor to conduct a confidential third-party inspection before submitting an Amnesty JADU/ADU Permit application to the City.
2. Penalties. Penalties related to zoning or building violations shall be waived during the amnesty and enforcement delay periods. The burden of proof lies with the applicant to demonstrate the date of establishment and occupancy or construction of the unit.
G. Sunset Provisions
1. Applications for Amnesty JADU/ADU Permits and enforcement delays will not be approved after January 1, 2030.
2. No enforcement delays shall extend beyond January 1, 2035, at which point this Section shall be repealed.
6. Pinole Municipal Code Chapter 17.10 General Application Processing Procedure [Amendment]
Full Chapter included.
Text to be removed shown in strikeout text.
Text to be added shown in bold and underline.
CHAPTER 17.10
GENERAL APPLICATION PROCESSING PROCEDURES
Sections:
17.10.010 Purpose.
17.10.020 Application and fee.
17.10.030 Determination of completeness.
17.10.040 Application review and report.
17.10.050 Public hearing and public notice.
17.10.060 Approving authority.
17.10.070 Appeals.
17.10.080 Effective date.
17.10.090 Permit to run with land.
17.10.100 Permit time limits, extensions, and expiration.
17.10.110 Modification.
17.10.120 Revocation.
17.10.130 Reapplications.
17.10.010 PURPOSE.
The purpose of this chapter is to establish procedures necessary for the efficient processing of planning and development applications and requests. (Ord. 2010-02 § 1 (part), 2010)
17.10.020 APPLICATION AND FEE.
Applications pertaining to this title shall be submitted in writing to the Community Development Director on a completed city application form designated for the particular request. Every application shall include applicant and property owner signature(s), agent authorization as appropriate, and the fee prescribed by City Council resolution to cover the cost of investigation and processing. Applications shall be submitted together with all plans, maps, and data about the proposed project development or land use entitlements requested, project site, and vicinity deemed necessary by the Community Development Director to provide the approving authority with adequate information on which to base decisions. Each permit application form lists the minimum necessary submittal materials for that particular type of permit. (Ord. 2010-02 § 1 (part), 2010)
17.10.030 DETERMINATION OF COMPLETENESS.
A. Application Completeness. Within thirty (30) days of application submittal, the Community Development Director shall determine whether or not the application is complete. The Community Development Director shall notify the applicant of the determination that either:
1. All the submittal requirements have been satisfied and the application has been accepted as complete.
2. Specific information is still necessary to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted plans are not in compliance with city standards and requirements.
B. Application Completeness without Notification. If the written determination is not made within thirty (30) days after receipt, the application shall be deemed complete for purposes of this chapter.
C. Resubmittal. Upon receipt and resubmittal of any incomplete application, a new thirty (30)-day period shall begin during which the Community Development Director shall determine the completeness of the application. Application completeness shall be determined as specified in division A. of this section (Application Completeness).
D. Incomplete Application. If additional information or submittals are required and the application is not made complete within six (6) months of the completeness determination letter, the application shall be deemed by the city to have been withdrawn and no action will be taken on the application. Unexpended fees, as determined by the Community Development Director, will be returned to the applicant. If the applicant subsequently wishes to pursue the project, a new application, including fees, plans, exhibits, and other materials, must then be filed in compliance with this article.
E. Right to Appeal. The applicant may appeal the determination in accordance with Section17.10.070 (Appeals) and the Permit Streamlining Act (California Government Code Section 65943). (Ord. 2010-02 § 1 (part), 2010)
17.10.040 APPLICATION REVIEW AND REPORT.
After acceptance of a complete application, the project shall be reviewed in accordance with the environmental review procedures of the California Environmental Quality Act (CEQA). The Community Development Director will consult with other departments as appropriate to ensure compliance with all provisions of the Municipal Code and other adopted policies and plans. The Community Development Director will prepare a report (the staff report) to the designated approving authority describing the project, along with a recommendation to approve, conditionally approve, or deny the application.
The report shall be provided to the applicant prior to consideration of the entitlement request. The report may be amended as necessary or supplemented with additional information at any time prior to the hearing to address issues or information not reasonably known at the time the report is prepared. (Ord. 2010-02 § 1 (part), 2010)
17.10.050 PUBLIC HEARING AND PUBLIC NOTICE.
A. Public Hearing Required. The following procedures shall govern the notice and public hearing, where required pursuant to this title. A public hearing shall be held for the consideration of all sign programs, variances, conditional use permits, comprehensive design reviews, development agreements, specific plans and subsequent specific plan amendments, Prezonings, zoning code amendments (text and map), and general plan amendments considered by the Planning Commission or City Council. The hearing shall be held before the designated approving authority as identified in this title.
B. Notice of Hearing. Pursuant to California Government Code Section 65090 to 65094, not less than ten (10) days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, and provide a general explanation of the matter to be considered and a general description of the real property (text or diagram), if any, which is the subject of the hearing.
1. Notice of public hearing shall be published in at least one (1) newspaper of general circulation in the city.
2. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a radius of three hundred (300) feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon the current tax assessors records. If the number of owners exceeds one thousand (1,000), the city may, in lieu of mailed notice, provide notice by placing notice of at least one eighth (1/8) page in one (1) newspaper of general circulation within the city.
3. Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner's authorized agent and to each local agency expected to provide water, sewerage, streets, roads, schools, or other essential facilities or services to the proposed project.
4. Notice of the public hearing shall be posted at City Hall.
5. Notice of the public hearing shall be mailed to any person who has filed a written request for notice.
6. In addition to the notice required by this section, the city may give notice of the hearing in any other manner it deems necessary or desirable.
C. Requests for Notification. Any person who requests to be on a mailing list for notice of hearing shall submit such request in writing to the City Clerk. The city may impose a reasonable fee for the purpose of recovering the cost of such notification.
D. Receipt of Notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this title shall not constitute grounds for any court to invalidate the actions of a designated approving authority for which the notice was given.
E. Hearing Procedure. Hearings as provided for in this chapter shall be held at the date, time, and place for which notice has been given as required in this chapter. The approving authority shall conduct the public hearing and hear testimony from interested persons. The summary minutes shall be prepared and made part of the permanent file of the case. Any hearing may be continued to a date certain. If the hearing is not continued to a specific date/time, then the hearing shall be renoticed. (Ord. 2010-02 § 1 (part), 2010)
17.10.060 APPROVING AUTHORITY.
A. Approving Authority. The approving authority as designated inTable 17.10.060-1 (Approving Authority for Land Use Entitlements) shall approve, conditionally approve, or deny the proposed land use or development permit in accordance with the requirements of this title. Table 17.10.060-1 (Approving Authority for Land Use Entitlements) identifies both recommending (R) and final (F) authorities for each permit. In acting on a permit, the approving authority shall make the applicable findings as established in Chapter 17.12 (Entitlements) and as may be required by other laws and regulations. An action of the approving authority may be appealed pursuant to procedures set forth in Section 17.10.070 (Appeals).
1. Multiple entitlements. When a proposed project requires more than one (1) permit with more than one (1) approving authority, all project permits shall be processed concurrently and final action shall be taken by the highest-level designated approving authority for all such requested permits.
TABLE 17.10.060-1
APPROVING AUTHORITY FOR LAND USE ENTITLEMENTS
Type of Permit or Decision
Designated Approving Authority
“R” symbolizes the “Recommending Body”
“F” symbolizes the “Final Decision-Making
Body”
Community
Development
Director
Planning
Commission City Council
Plan Check F
Similar Use Determination F
Reasonable Accommodations F
Administrative Use Permit(1) ZA/F
Temporary Use Permit (1) ZA/F
Administrative Design Review (1) ZA/F
Sign Permit F
Creative Sign Program F
Sign Program R F
Minor Deviation F
Variance R F
Conditional Use Permit R F
Comprehensive Design Review R F
Development Agreement R R F
Specific Plan or Specific Plan Amendment R R F
Prezoning R R F
Zoning Amendment (Text and Map) R R F
General Plan Amendment R R F
Small Cell Attachment Permit (2) ZA/F
Accessory Dwelling Unit and Junior
Accessory Dwelling Unit
F
SB 9 Urban Lot Split and Unit
Development
F
Lot Consolidation, Lot Merger, Lot Line
Adjustment
F
Notes:
(1) As specified in Chapter 17.12, the Zoning Administrator is the final decision maker for these permit applications. (2) As specified in Chapter 17.77, the Zoning Administrator is the final decision maker for these permit applications.
B. Referral.
1. Referral to Planning Commission. At any point in the application review process, the Community Development Director or Zoning Administrator may transfer decision making authority to the Planning Commission at his or her discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project.
2. Public hearing. A referred application shall be considered at a noticed public hearing.
3. Referral is not an appeal. A referral to another decision-maker is not an appeal and requires no appeal application or fee.
4. Subsequent applications. The decision-maker on the referral may consider subsequent amendments, time extensions or revocations of the referred application. (Ord. 2019-03 § 2, 2019; Ord. 2010-02 § 1 (part), 2010)
17.10.070 APPEALS.
A. Purpose and Applicability. The purpose of these provisions is to prescribe the procedure through which an appeal may be made in case an interested person is dissatisfied with any order, requirement, permit, decision, determination, approval or disapproval, made in the administration, interpretation or enforcement of this title.
B. Appeal Authority. Any person dissatisfied with a determination or action of the Community Development Director, Zoning Administrator, or Planning Commission made pursuant to this Article may appeal such action to the designated
Appeal Authority listed in Table 17.10.070-1 (Appeal Authority) below, within ten (10) days from the date of the action.
Actions by the City Council are final and no further administrative appeals are available.
TABLE 17.10.070-1
APPEAL AUTHORITY
Approving Authority for Action Being
Appealed
Appeal Authority
Planning Commission City Council
Community Development Director X
Zoning Administrator X
Planning Commission X
C. Filing an Appeal. All appeals shall be submitted in writing, identifying the determination or action being appealed and specifically stating the grounds or legal basis for the appeal. Appeals shall be filed within ten (10) days following the date of determination or action for which an appeal is made, accompanied by a filing fee established by City Council resolution, and submitted to the City Clerk. Any staff, City Attorney, or other appeals process costs beyond the filing fee shall be paid by the project applicant or developer as specified in the City’s Master Fee Schedule.
D. City Councilmember Appeal. A City Councilmember may appeal an action of the Planning Commission as specified in Section 17.10.070C. A City Councilmember appeal shall be processed in the same manner as an individual appeal from a member of the public.
E. Notice and Schedule of Appeal Hearings. Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings should be conducted within forty-five (45) days from the date of appeal submittal. Notice of hearing for the appeal shall be provided pursuant to noticing requirements of Section 17.10.050 (Public Hearing and Public Notice).
F. Appeal Hearing and Action. Each appeal shall be considered a de novo (new) hearing. In taking its action on an appeal, the Appeal Authority shall state the basis for its action. The appeal authority may act to confirm, modify, reverse the action of the approving authority, in whole or in part, or add or amend such conditions as it deems necessary. The action of the appeal authority is final on the date of decision and, unless expressly provided by this chapter, may not be further appealed. (Ord. 2017-01 § 2, 2017; Ord. 2010-02 § 1 (part), 2010)
17.10.080 EFFECTIVE DATE.
Generally, the action to approve, conditionally approve, or deny a permit or entitlement authorized by this title shall be effective on the eleventh (11th) day after the date of action, immediately following expiration of the ten (10)-day appeal period. Legislative actions by the City Council (e.g., Zoning Amendment, General Plan Amendment, Specific Plans, and Development Agreements) become effective thirty (30) days from the date of final action and may not be appealed. In accordance with Section 17.06.030 (Rules of Interpretation), where the last of the specified number of days falls on a weekend or city holiday, the time limit of the appeal shall extend to the end of the next working day. Permit(s) shall not be issued until the effective date of required permit. (Ord. 2010-02 § 1 (part), 2010)
17.10.090 PERMIT TO RUN WITH LAND.
Unless otherwise conditioned, land use and development permits and approvals granted pursuant to the provisions of this chapter shall run with the land through any change of ownership of the site, business, service, use, or structures, provided that such use is compliant with this title or as specified in the permit or approval, and the permit or approval does not expire.
All applicable conditions of approval shall continue to apply after a change in property ownership. (Ord. 2010-02 § 1 (part), 2010)
17.10.100 PERMIT TIME LIMITS, EXTENSIONS, AND EXPIRATION.
A. Time Limits. Unless a condition of approval or other provision of this title establishes a different time limit, any permit not exercised within one (1) year of approval shall expire and become void, except where an extension of time is approved in compliance with division C. below.
B. Exercising Permits. The exercise of a permit occurs when the property owner has performed substantial work and incurred substantial liabilities in good faith reliance upon such permit(s). A permit may be otherwise exercised pursuant to a condition of the permit or corresponding legal agreement that specifies that other substantial efforts or expenditures constitutes exercise of the permit. Unless otherwise provided, permits that have not been exercised prior to a zoning amendment, which would make the permitted use or structure nonconforming, shall automatically be deemed invalid on the effective date of the zoning amendment.
C. Permit Extensions. The approval of an extension extends the expiration date for two (2) years from the original permit date. After this initial permit extension, a final one (1)-year extension of time may be granted pursuant to the same process as set forth in this section.
1. Process. The same approving authority that granted the original permit may extend the period within which the exercise of a permit must occur. Notice and/or public hearing shall be provided in the same manner as for the original permit. An application for extension shall be filed not less than thirty (30) days prior to the expiration date of the permit, along with appropriate fees and application submittal materials.
2. Conditions. The permit, as extended, may be conditioned to comply with any development standards that may have been enacted since the permit was initially approved.
3. Permit extension findings. The extension may be granted only when the designated approving authority finds that the original permit findings can be made and there are no changed circumstances or there has been diligent pursuit to exercise the permit that warrants such extension.
D. Expiration. If the time limits are reached with no extension requested, or a requested extension is denied or expires, the permit expires. (Ord. 2010-02 § 1 (part), 2010)
17.10.110 MODIFICATION.
A. Any person holding a permit granted under this title may request a modification or amendment to that permit. For the purpose of this section, the modification of a permit may include modification of the terms of the permit itself, project design, or the waiver or alteration of conditions imposed in the granting of the permit.
B. If the Community Development Director determines that a proposed project action is not in substantial conformance with the original approval, the Community Development Director shall notify the property owner of the requirement to submit a permit modification application for consideration and action by the same approving authority as the original permit. A permit modification may be granted only when the approving authority makes all findings required for the original approval and the additional finding that there are changed circumstances sufficient to justify the modification of the approval. (Ord. 2010-02 § 1 (part), 2010)
17.10.120 REVOCATION.
This section provides procedures for the revocation previously approved land use entitlements or permit.
A. Consideration. The approving authority for the original entitlement or permit shall consider the revocation of same entitlement or permit.
B. Noticed Public Hearing. The decision to revoke an entitlement or permit granted pursuant to the provisions of this title shall be considered at a noticed public hearing. Public notice shall be provided and public hearing conducted pursuant to Section 17.10.050 (Public Hearing and Public Notice).
C. Findings. A decision to revoke an entitlement or permit may be made if any one (1) of the following findings can be made:
1. Circumstances under which the entitlement or permit was granted have been changed by the applicant to a degree that one (1) or more of the findings contained in the original entitlement or permit can no longer be met.
2. The entitlement or permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the entitlement or permit.
3. One (1) or more of the conditions of the entitlement or permit have not been substantially fulfilled or have been violated.
4. The use or structure for which the entitlement or permit was granted has ceased to exist or has lost its legal nonconforming use status.
5. The improvement authorized in compliance with the entitlement or permit is in violation of any code, law, ordinance, regulation, or statute.
6. The improvement/use allowed by the entitlement or permit has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a public nuisance. (Ord. 2010-02 § 1 (part), 2010)
17.10.130 REAPPLICATIONS.
An application shall not be accepted or acted upon if within the past twelve (12) months an application, which covers substantially the same real property and requests approval of substantially the same project, has been made and denied by the city unless the review authority allows the reapplication because of an express finding that one (1) or more of the following factors applies:
A. New evidence. New evidence potentially material to a revised decision is presented which was unavailable or unknown to the applicant at the previous hearing and which could not have been discovered in the exercise of reasonable diligence by the applicant.
B. Substantial and permanent change of circumstances. There has been a substantial and permanent change of circumstances since the previous hearing which materially affects the applicant's real property.
C. Mistake made at the previous hearing. A mistake was made at the previous hearing which was a material factor in the denial of the previous application. (Ord. 2010-02 § 1 (part), 2010)
7. Pinole Municipal Code Chapter 17.32 Affordable Housing Requirements [Amendment]
Full Chapter included.
Text to be removed shown in strikeout text.
Text to be added shown in bold and underline.
CHAPTER 17.32
AFFORDABLE HOUSING REQUIREMENTS
Sections:
17.32.010 Purpose.
17.32.020 General requirements for affordable housing.
17.32.030 Exemptions.
17.32.040 Incentives for on-site housing.
17.32.050 Affordable housing development requirements.
17.32.060 Alternative methods of compliance.
17.32.070 Affordable housing plan processing.
17.32.080 Eligibility.
17.32.090 Adjustments.
17.32.100 Severability.
17.32.010 PURPOSE.
This chapter establishes policies, incentives, design standards, and alternative methods of compliance for meeting the city's affordable housing needs. The purpose of this chapter is to promote achievement of the city's general plan housing element goals for affordable housing. The policies outlined in this chapter regulate the method of determining the minimum requirements. Further, this chapter identifies the administrative procedures related to affordable housing requests. (Ord. 2010-02 § 1 (part), 2010)
17.32.020 GENERAL REQUIREMENTS FOR AFFORDABLE HOUSING.
Consistent with the City of Pinole general plan housing element, the city requires the designation of land for affordable housing to meet the city's future housing needs. The requirements of this chapter shall be governed by the requirements of the Community Redevelopment Law (California Health & Safety Code Section 33000 et.seq.), as that statute is amended from time-to-time. Where conflict occurs between the requirements of this chapter and state law, state law shall govern.
General requirements are listed below:
A. General Requirement. For all rental or ownership residential developments of four (4) or more primary dwelling units located in the City, at least fifteen percent (15%) of the total units must be constructed and offered for sale or rent as an affordable housing unit. For projects proposing rental units, a minimum of 40 percent of the 15 percent of total units (i.e., at least 6% of total units excluding density bonus units) must be affordable to households at or below the very low income level. The remaining affordable rental units must be affordable to households at or below the low income level. For projects proposing ownership units, 100 percent of the affordable units must be affordable to households at or below the moderate income levelOf those units, forty percent (40%) must be affordable to very low income households. For example, a proposed rental residential development for twenty (20) single-family homes must provide three (3) affordable housing units, two (2) of which are affordable to very low income households and one (1) of which is affordable to low income households. Existing units that are to be retained shall be included in the number of units in the residential development for purpose of calculating the number of affordable housing units required by this chapter.
B. Residential Parcel Maps and Subdivisions. For all residential subdivisions except for SB 9 projects under Chapter
17.71 (SB9 Urban Lot Split and Unit Development) within or outside of the city's redevelopment area where the lots to be approved would permit the eventual development of four (4) or more dwelling units, the applicant shall either agree to future development of affordable units under an affordable housing plan, or shall propose an alternative method of compliance to meet the affordable housing requirements, pursuant to the requirements as established in Section 17.32.060 (Alternative Methods of Compliance).
C. Density Bonus Units. Any additional units approved as a density bonus under Chapter 17.38 (Density Bonus) will not be counted in determining the required number of affordable housing units. For example, a proposed project with twenty (20) units that receives a twenty-five percent (25%) density bonus of five (5) units will calculate the affordable housing requirements based on twenty (20) units and must provide three (3) affordable housing units, two (2) of which are affordable to very low income households.
D. Rounding. In determining the number of affordable housing units required by this chapter, any decimal fraction shall be rounded up to the nearest whole number.
E. Moderate income, low-income, and very-low income shall have the meanings set forth in Health and Safety Code section 50050 et seq. A unit shall be “affordable” if it is rented at an “affordable rent” or sold at an “affordable housing cost” as defined in Health and Safety Code section 50050 et seq.
F. E. Price Limits for Affordable Housing Units. Affordable housing units must be restricted for sale or rental at affordable
prices as identified in Table 17.32.020-1 below:
TABLE 17.32.020-1
PRICE LIMITS FOR AFFORDABLE HOUSING UNITS
15% of the units in any
residential development
must be affordable
housing units and
reserved for:
Affordability
Proportion
Affordable
Housing Units (%)
Affordability Level
Percentage of Area Median
Income Used to Determine
Housing Costs
Income Used to
Determine
Affordable
Housing Costs (%)
Rental Developments
Very Low Income
UnitsOccupants
40% of affordable
units1
Very low income level based
on State Income Limits
(approximately 50% of Area
Median Income)below 50%
30%
Low Income
UnitsOccupants
60% of affordable
units1
Low income level based on
State Income Limits
(approximately 80% of Area
Median Income)below 80%
30%
Ownership Developments
Moderate Income
UnitsHouseholds
100% of affordable
units1
Moderate income level based
on State Income Limits
(approximately 120% or Area
Median Income)below 120%
30%
1Affordable units are at least 15 percent of total units, excluding density bonus units, as described in Section
17.32.020(A).
(Ord. 2010-02 § 1 (part), 2010)
17.32.030 EXEMPTIONS.
The requirements of this chapter shall not apply to the following types of development projects:
A. Manufactured Homes.
B. Pending Complete Applications. A project which has submitted an application for approval, which application was deemed complete by the Community Development Director prior to the effective date of this title.
C. Casualty Reconstruction Projects. The reconstruction of any residential units or structures which have been destroyed by fire, flood, earthquake, or other act of nature, which are being reconstructed in a manner consistent with the requirements of Chapter 17.14 (Nonconforming Uses and Structures). (Ord. 2010-02 § 1 (part), 2010)
17.32.040 INCENTIVES FOR ON-SITE HOUSING.
A. In the Affordable Housing Plan that is prepared and approved in accordance with Section 17.32.070 (Affordable Housing Plan Processing), the applicant shall identify the incentives or modifications requested and describe the exceptional circumstances that necessitate assistance from the city, as well as provide documentation of how such incentives increase the feasibility of providing affordable housing. Incentives will be offered only to the extent resources for this purpose are available and approved for such use by the City Council, as defined below, and to the extent that the project, with the use of incentives, assists in achieving the city's housing goals. Nothing in this chapter establishes, directly or through implication, a right of an applicant to receive any incentive from the city.
B. The following incentives may be approved for applicants who construct affordable housing units on-site:
1. Density Bonus. Consistent with California Government Code Sections 65915 through 65918, qualifying projects can receive a density bonus by right. Density bonus requirements are outlined in Chapter 17.38 (Density Bonus) of this code.
2. Fee Subsidy or Deferral. The City Council, by resolution, may subsidize or defer payment of city development impact fees and/or building permit fees applicable to the affordable housing units or the project of which they are a part. The affordability control covenant shall include the terms of the fee subsidy or deferral.
3. Design Modifications. The granting of design modifications relative to affordable housing requirements shall be the approving authority of the project. Projects qualifying for a density bonus shall be consistent with the applicable provisions under Chapter 17.38 Density Bonus and Government Code Sections 65915 through 65918, and shall require approval of the City Council and shall meet all applicable zoning requirements of the city. Modifications to typical development standards may include, but are not limited to, the following:
a. Reduced minimum setbacks;
b. Reduced minimum building separation requirements;
c. Reduced square footage requirements;
d. Reduced parking requirements;
e. Reduced minimum lot sizes and/or dimensions;
f. Reduced street standards (e.g., reduced minimum street widths); g. Reduced on-site open space requirements;
h. Increased height limitations;
i. Increased maximum lot coverage;
j. Increased floor area ratio;
k. Allowance for live-work units within multi-family residential zoning districts; l. In lieu of reduced setbacks, allowance for attached dwelling units, if shown to be necessary to make the project feasible; or
m. Other regulatory incentives or concessions proposed by the developer or the city that result in identifiable, financially sufficient, and actual cost reductions.
n. Priority Processing. After receiving the required discretionary approvals, the residential development that provides affordable housing units may be entitled to priority processing of building and engineering approvals, subject to the approval of the City Manager. (Ord. 2010-02 § 1 (part), 2010)
4. Park Fee Waivers for Additional Affordable Units. Additional deed-restricted affordable units beyond the minimum fifteen (15) percent inclusionary unit requirement, as described under Section 17.32.020, are eligible for waiver of park impact fees.
17.32.050 AFFORDABLE HOUSING DEVELOPMENT REQUIREMENTS.
Affordable housing units constructed pursuant to this chapter must conform to the following requirements:
A. Design. Except as otherwise provided in this chapter, affordable housing units shall be integrated within and reasonably dispersed throughout the project and shall be comparable in infrastructure (including sewer, water, and other utilities), construction quality, exterior design, and materials to the market-rate units. Affordable housing units may have different interior finishes and features than market-rate units so long as the interior features are durable, of good quality, and consistent with contemporary standards for new housing as determined by the Community Development Director.
B. Size. All affordable housing units shall reflect the range and numbers of bedrooms provided in the project as a whole, except that affordable housing units need not provide more than four (4) bedrooms.
A. Affordable units shall have the same exterior appearance and quality of construction as the market-rate units. Appliances and finishes in the affordable units shall be the same as in the market rate units with the same number of bedrooms.
B. 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 an 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.
C. 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.
D .C. Availability. All affordable housing units shall be constructed concurrently with and be made available for qualified occupants at the same time as, or prior to, the market-rate units within the same project unless the city and developer agree in the Affordable Housing Agreement to an alternative schedule for development.
E. D. Affordable Housing Agreement. An Affordable Housing Agreement shall be made a condition of the discretionary planning entitlements for all qualifying projects granted a density bonus, fee subsidy, fee deferral, or design modifications.
The Affordable Housing Agreement shall include an affordable housing plan and shall be reviewed and approved by the City ManagerCity Council.
F. E. Duration of Affordability Requirement. Affordable housing units produced under this chapter must be legally restricted to occupancy by households of the income levels for which the units were designated pursuant to and in conformance with
the requirements of this title, any other applicable city regulation, and state law. (Ord. 2010-02 § 1 (part), 2010)
17.32.060 ALTERNATIVE METHODS OF COMPLIANCE.
A. Applicant Proposals. If it is not practical to construct on-site affordable housing units, the city will consider alternatives of equal value. Accordingly, the applicant may propose an alternative means of compliance with this chapter by submitting to the city an affordable housing plan. One (1) alternative the applicant may consider is the construction of affordable housing units, subject to the requirements listed below:
1. Off-site construction. All or some of the required affordable housing units may be constructed off-site if the Planning Commission (or City Council on appeal) finds that the combination of location, unit size, unit type, pricing, and timing of availability of the proposed off-site affordable housing units would provide equivalent or greater benefit than would result from providing those affordable housing units on-site as might otherwise be required by this chapter. Prior to the recordation of the final subdivision map for the proposed residential development, the applicant shall post a bond, bank letter of credit, or other security acceptable to the Community Development Director, in the amount equivalent to the cost of land and improvements for the affordable housing units, as determined by the Community Development Director, to be used by the city to meet the goals of providing affordable housing in the city in the event that the off-site affordable housing units are not completed (as evidenced by the issuance of a certificate of occupancy for such units) according to the schedule stated in the affordable housing plan submitted by the applicant.
B. Discretion and Required Finding. The approving authority for the project The Planning Commission (or City Council on appeal) may approve, conditionally approve, or reject any alternative proposed by an applicant as part of an affordable housing plan. Any approval or conditional approval must be based on a finding that the purpose of this chapter would be better served by implementation of the proposed alternative, in which the approving authority for the project Planning Commission or City Council should consider the extent to which other factors affect the feasibility of prompt construction of the affordable housing units, such as site design, zoning, infrastructure, clear title, grading, and environmental review. (Ord. 2010-02 § 1 (part), 2010)
17.32.070 AFFORDABLE HOUSING PLAN PROCESSING.
A. General. The submittal of an affordable housing plan and recordation of an approved city affordable control covenant shall be a precondition on the city approval of any Final Subdivision Map, and no building permit shall be issued for any development to which this chapter applies without full compliance with the requirement of this section. This section shall not apply to exempt projects.
B. Affordable Housing Plan. Every residential development to which this chapter applies shall include an affordable housing plan as part of the application submittal for either development plan approval or subdivision approval. No application for a tentative map, subdivision map, or building permit for a development to which this chapter applies may be deemed completed until an affordable housing plan is submitted to and approved by the Community Development Director as being complete. At any time during the formal development review process, the Community Development Director may require from the applicant additional information reasonably necessary to clarify and supplement the application or determine the consistency of the project's proposed affordable housing plan with the requirements of this chapter.
C. Required Plan Elements. An affordable housing plan must include the following elements or submittal requirements:
1. The number, location, structure (attached, semi-attached, or detached), and size (bedrooms, bathrooms, and square footage) of the proposed market-rate and affordable housing units and the basis for calculating the number of affordable housing units.
2. A floor or site plan depicting the location of the affordable housing units and the market-rate units.
3. The income levels to which each affordable housing unit will be made affordable.
4. The term of affordability for the affordable housing units.
5. The methods to be used to advertise the availability of the affordable housing units and the procedures for qualifying and selecting the eligible purchasers and/or tenants, including preference to be given, if any, to applicants who live or work in the city.
6. A schedule for completion and occupancy of the affordable housing units. For phased development, a phasing plan that provides for the timely development of the number of affordable housing units proportionate to each proposed phase of development.
7. A description of any incentives or modifications as listed in Section17.32.040 (Incentives for On-Site Housing) including a description of exceptional circumstances that necessitate assistance from the city, as well as documentation of how such incentives increase the feasibility of providing affordable housing.
8. Any alternative means, as designated in Section17.32.060.A, proposed for the development along with information necessary to support the findings required by Section 17.32.060.B for approval of such alternatives.
9. Except when prohibited by state or federal law, the plan shall require that preference shall be given to households that live or work in Pinole when selling or leasing affordable units within a development.
10.9. Any other information reasonably requested by the Community Development Director to assist with evaluation of the affordable housing plan under the requirements of this chapter.
D. Affordability Control Covenants. Prior to issuance of a grading permit or building permit, whichever is requested first, a standard City affordability control covenant must be approved and executed by the Community Development Director, executed by the applicant/owners, and recorded against the title of each affordable housing unit. If subdivision into individual property parcels has not been finalized at the time of issuance of a grading permit or building permit, an overall interim affordability control covenant shall be recorded against the residential development and shall be replaced by separate recorded affordability control covenants for each unit prior to issuance of a certificate of occupancy by the city for such units.
The affordability control covenants must identify any incentives, modifications, or terms of any fee waiver, as permitted pursuant to Chapter 17.38 (Density Bonus), approved by the city. (Ord. 2010-02 § 1 (part), 2010)
17.32.080 ELIGIBILITY.
A. General Eligibility for Affordable Housing Units. No household may purchase, rent, or occupy an affordable housing unit unless the city has approved the household's eligibility, and the household and city have executed and recorded an affordability control covenant in the chain of title of the affordable housing unit. Such affordability control covenant is in addition to the covenant required in Section 17.32.070.D.
B. Owner Occupancy. A household which purchases an affordable housing unit must occupy that unit as a principal residence, as that term is defined for federal tax purposes by the United States Internal Revenue Code. (Ord. 2010-02 § 1 (part), 2010)
17.32.090 ADJUSTMENTS.
A. Adjustments. The requirements of this chapter may be adjusted to propose an alternative method of compliance with the chapter in accordance with Section 17.32.060 (Alternative Methods of Compliance) by the city if the applicant demonstrates to the approving authority of the project Planning Commission (or the City Council on appeal) that applying the requirement of this chapter would be contrary to the requirements of the laws or the constitutions of the United States or California.
B. Timing of Waiver Request. To receive an adjustment or waiver, the applicant must make an initial request of the approving authority of the project Planning Commission for such an adjustment or waiver and provide an appropriate demonstration of the appropriateness of the adjustment or waiver required for when first applying to the Planning Commission for the review and approval of the proposed development plan or subdivision review as such review and approval is required by the City of Pinole Municipal Code.
C. Waiver and Adjustment Considerations. In making a determination on an application to adjust or waive the requirements of this chapter, the approving authority of the project Planning Commission (or City Council on appeal) may assume each of the following when applicable:
1. That the applicant is subject to the affordable housing requirements of Chapter 17.32 (Affordable Housing Requirements);
2. The extent to which the applicant will benefit from affordable housing incentives under Section 17.32.040 (Incentives for On-Site Housing); and
3. That the applicant will be obligated to provide the most economical affordable housing units feasible in terms of construction, design, location, and tenure, and subject to the requirements of Chapter 17.32 (Affordable Housing Requirements). (Ord. 2010-02 § 1 (part), 2010)
17.32.100 SEVERABILITY.
If any provision of this section or its application to any property is held to be invalid by any court of competent jurisdiction, invalidity shall not affect other provisions in this section that may be implemented without the invalid sections. To this end, the provisions and clauses of this section are declared severable. (Ord. 2010-02 § 1 (part), 2010)
8. Pinole Municipal Code Chapter 17.48 Parking and Loading Requirements [Amendment]
Full Chapter included.
Text to be removed shown in strikeout text.
Text to be added shown in bold and underline.
CHAPTER 17.48
PARKING AND LOADING REQUIREMENTS
Sections:
17.48.010 Purpose.
17.48.020 Applicability.
17.48.030 Permit and plan check requirements and exemptions.
17.48.040 General parking and loading berth requirements.
17.48.050 Number of parking spaces required.
17.48.060 Reductions in parking requirements.
17.48.070 Special parking standards for Old Town.
17.48.080 Parking requirements for the disabled.
17.48.090 Compact car requirements.
17.48.100 Parking and driveway design and development requirements.
17.48.110 Loading area requirements.
17.48.120 Bicycle parking requirements.
17.48.130 Maintenance.
17.48.010 PURPOSE.
This chapter establishes parking, loading and bicycle parking regulations in order to provide for safe, attractive, and convenient parking and ensure that parking areas are compatible with surrounding land uses. (Ord. 2010-02 § 1 (part), 2010)
17.48.020 APPLICABILITY.
A. The regulations contained in this chapter shall apply to the construction, change or expansion of a use or structure, and shall require that adequate parking spaces, loading areas, and bicycle parking areas are permanently provided and maintained for the benefit of residents, employees, customers, and visitors, within or outside of buildings or in a combination of both, in accordance with the requirements listed in this chapter. These requirements shall be in addition to any other development requirements contained elsewhere within the Zoning Code (e.g., landscaping).
B. Off-street parking and loading requirements of this chapter shall be recalculated as listed below.
1. New Uses and Structures. For all buildings or structures erected and all uses of land established after the effective date of this title, parking for vehicles and bicycles, and loading facilities shall be provided as required by this chapter.
2. Change in Use. When the use of any building, structure, or premises is changed, resulting in the required number of parking spaces to increase more than ten percent (10%), additional parking shall be provided consistent with Section
17.48.050 (Number of Parking Spaces Required). Previous parking modifications granted by the approving authority shall be null and void.
3. Change of Occupancy. Where a new business license is required, additional parking spaces shall be provided if the new occupancy would result in an increase of more than ten percent (10%) in the required number of parking spaces.
4. Modification to Existing Structures. Whenever an existing building or structure is modified such that it creates an increase of more than ten percent (10%) in the number of parking spaces required, additional parking spaces shall be provided in accordance with the requirements of this chapter. (Ord. 2010-02 § 1 (part), 2010)
17.48.030 PERMIT AND PLAN CHECK REQUIREMENTS AND EXEMPTIONS.
New parking lots and modifications or expansions to existing parking lots require the following entitlements:
A. Building Permit. New parking lot design and modifications to existing parking lots in conjunction with a substantial change in use to an existing structure shall be reviewed in conjunction with the building permit and any other land use or development permit.
B. Plan Check. Modification or improvements to an existing parking lot that impact the parking space layout, configuration, vehicular or pedestrian circulation, number of stalls or landscape planters shall require a site plan, drawn to scale, to authorize the change as consistent with the Zoning Code.
C. Exempt Activities. Parking lot improvements listed below shall be considered minor in nature if they do not alter the
number or configuration of parking stalls and therefore exempt from plan check requirements located in Section 17.12.030 (Plan Check). However, exempt activities listed herein may require other ministerial permits (e.g., building permit, grading permit).
1. Repair of any defects in the surface of the parking area, including repairs of holes and cracks;
2. Resurfacing, slurry coating, and restriping of a parking area with identical delineation of parking spaces;
3. Repair or replacement in the same location of damaged planters and curbs; and
4. Work in landscape areas, including sprinkler line repair, or replacement of landscape materials. (Ord. 2010-02 § 1 (part), 2010)
17.48.040 GENERAL PARKING AND LOADING BERTH REQUIREMENTS.
The layout of parking spaces, loading berths, and parking aisles shall comply with all the requirements listed below. These parking requirements apply to both on-street and off-street parking spaces, unless specifically stated otherwise.
A. The required parking spaces, loading berths, and parking aisles may not be located on any street right-of-way.
B. Parking Space and Drive Aisle Dimensions. Each parking space shall have a minimum size of nine (9) feet by eighteen (18) feet when outdoors and shall be free of obstructions such as columns or walls. Each parking space shall be ten (10) feet by twenty (20) feet when indoors or where columns or walls are located within the parking area. Loading space requirements and standards shall be as provided under Section 17.48.110. General parking space and drive aisle dimensions for parking lots are shown in Figure 17.48.040-1 (Parking Space and Drive Aisle Dimensions) below.
Proposed modifications to minimum aisle width may be granted upon demonstration that modifications meet applicable standards and requirements for safety and access to the satisfaction of the City Engineer and Fire Department Each loading berth shall be a minimum size of twelve (12) feet by thirty (30) feet whether indoors or outdoors.
Parking aisles shall have a minimum width of twelve (12) feet when spaces are parallel to the aisle or up to an angle of forty (40) degrees, seventeen (17) feet when spaces are at an angle of between forty (40) degrees and seventy (70) degrees, and twenty-three (23) feet when spaces are at an angle between seventy (70) degrees and ninety (90) degrees. See Figure
17.48.040-1 (Parking Space and Drive Aisle Dimensions) below for additional requirements.
FIGURE 17.48.040-1
PARKING SPACE AND DRIVE AISLE DIMENSIONS
C. Parking spaces and aisles shall have a maximum grade of seven percent (7%).
D. Each parking space and aisle shall have a minimum eight (8)-foot vertical clearance.
E. Each loading berth and access thereto shall have a minimum fifteen (15)-foot vertical clearance.
F. Each parking space and loading berth shall have vehicular access to the street, without passing over other parking spaces, unless as specifically allowed as tandem parking spaces.
G. Neither a required side yard abutting a street nor a front yard shall be used forto meet minimum off-street parking requirements. (Ord. 2010-02 § 1 (part), 2010)
17.48.050 NUMBER OF PARKING SPACES REQUIRED.
A. The following number of parking spaces shall be required to serve the uses or buildings listed, as established in Table 17.48.050-1 (Parking Requirements by Land Use). Multiple property owners may apply for an Administrative Use Permita use permit for shared parking pursuant to Section 17.48.060 (Reductions in Parking Requirements); otherwise all uses must provide the sum of the requirements for each individual use. Where the requirements result in a fractional space, the next larger whole number shall be the number of spaces required. In addition, the requirements listed below shall apply.
1. “Square feet” means “gross square feet” and refers to the sum gross square feet of the floor area of a building and its accessory buildings unless otherwise specified.
2. For the purpose of calculating residential parking requirements, dens, studies, or other similar rooms that may be used as bedrooms shall be considered bedrooms.
3. Where the number of seats is listed to determine required parking, seats shall be construed to be fixed seats. Where fixed seats provided are either benches or bleachers, such seats shall be construed to be not more than eighteen (18) linear inches for pews and twenty-four (24) inches for dining, but in no case shall seating be less than determined as required by the Building Code.
4. When the calculation of the required number of off-street parking spaces results in a fraction of a space, the total number of spaces shall be rounded up to the nearest whole number.
5. Where private streets are proposed for residential development, resident and guest parking shall be provided as determined by the approving authority in conjunction with the required planning entitlement(s). (Ord. 2010-02 § 1 (part), 2010)
TABLE 17.48.050-1
PARKING REQUIREMENTS BY LAND USE
LAND USE TYPE REQUIRED PARKING SPACES
Residential Uses
Boarding and Rooming Houses
1 space per family (based on designed
capacity) plus 0.8 spaces/employee during the
peak employment shift and 0.8 spaces per fulltime resident staff Dwelling, Single-Family
Studio unitsDwelling, Single-Family -– studio 1 space per dwelling unit (garage enclosed or covered)
One-bedroom unitsDwelling, Single-Family -
one bedroom
2 spaces per dwelling unit (garage enclosed or
covered), tandem parking spaces permitted
Two- to four- bedroom unitsDwelling, SingleFamily - two to four bedrooms 2 spaces per dwelling unit (1 space must be
garage enclosed or covered), tandem parking
spaces permitted in Old Town
Five or more bedroom unitsDwelling, SingleFamily - five or more bedrooms 3 spaces per dwelling unit (2 spaces must be
garage enclosed or covered and accessed
independently; the third space may be tandem)
SB 9 unit development See Chapter 17.71 (SB9 Urban Lot Split and Unit Development)
Dwelling, Multiple-Family
Studio units
1 space per dwelling unit (garage enclosed or
covered) plus 0.3 spaces per dwelling unit for
visitor parking
Dwelling, Multiple-Family
One-bedroom units
1 space 1.5 spaces per dwelling unit (1 space
must be garage enclosed or covered) plus 0.3
spaces per dwelling unit for visitor parking
Dwelling, Multiple-Family
Two- to three- bedroom units
1.5 spaces per dwelling unit
Four or moreTwo+ bedroom units
2 assigned spaces per dwelling unit (1 space
must be garage enclosed or covered) plus 0.3
spaces per dwelling unit for visitor parking
SB 9 unit development See Chapter 17.71 (SB9 Urban Lot Split and Unit Development)
Accessory Dwelling Unit
1 space per bedroom or ADU, whichever is less,
except parking may be waived as provided in
Chapter 17.70, Accessory Dwelling Units and
Junior Accessory Dwelling Units
Senior units, studio, one- and two-bedroom
units(Age 55 and Over) 1 space per dwelling unit. The minimum parking requirement may be waived if
affordable housing units are provided
consistent with Chapter 17.32 and the
proposed development has either paratransit
service or unobstructed access, within onehalf mile, to fixed bus route service that operates at least eight times per day.
Senior units, three + bedroom units 1 space per dwelling unit plus 1 additional offstreet space Mobile Home Park 2 parking spaces per home site
Recreation, Education, and Public Assembly Uses
Arena, Auditorium, Theater, Assembly Hall,
and Religious Institutions with Fixed Seats
Lesser of the following calculations: 1 space per
4 seats of maximum seating capacity; or 1 space
per 300 sq. ft. of gross floor area
Dancehall, Assembly Halls without Fixed
Seats, Exhibition Halls
1 space per 50 sq. ft. of gross floor area used for
dancing or assembly
Retail, Service, Medical and Office Uses
Grocery Store, Food Market 1 space per 250 sf. ft. of gross floor area Retail Sales, Banks 1 space per 300 sq. ft. of gross floor area Retail (furniture, appliances) 1 space per 500 sq. ft. of gross floor area Retail (building materials, autos, boats, RVs)
1 space per 200 sq. ft. of gross floor area used
for offices and 1 space per 300 sq. ft. of gross
floor area for sales and sales display; plus 1
space per 600 sq. ft. of gross floor area used for
repair or service; plus 1 space per 2,000 sq. ft. of
outdoor sales, sales displays and storage areas
Restaurants, Bars, and Night Clubs 1 space per 100 sq. ft. of gross floor area, excluding kitchen and other non-public areas
Veterinary Hospitals 1 space per 250 sq. ft. of gross floor area Animal Boarding and Grooming 1 space per 500 sq. ft. of gross floor area Offices, Business and Professional, including
medical 1 space per 250 sq. ft. of gross floor area
Hotels and Lodging Places
1 space per unit plus 1 space/full-time resident
staff and 1 space/employee during the peak
employment shift
Nursing Homes 1 space per 3.5 beds
Hospitals and Sanitariums Parking study required to determine parking needs
Auto-Related Services
Automobile/Vehicle Service and Repair,
Minor
1 space per 300 sq. ft. of any convenience store
and/or office space plus 1 space per service bay
if repair occurs on-site (in addition to spaces at
pumps, queuing areas for pumps, and selfservice water and air areas) Automobile/Vehicle Service and Repair,
Major
1 space per service bay (not including areas for
auto service or auto storage), plus parking for
any towing vehicles used in the operation, and 1
space per 300 sq. ft. of office area
Auto Washing 1 space per 300 sq. ft. of any indoor sales, office, or lounge areas
Schools, Private
Business, trade and other schools or
colleges
1 space per 2 full-time equivalent students
enrolled plus 1 space per employee during the
peak employment shift
Elementary Schools 1.2 spaces per employee during the peak employment shift
Small Family Daycare No additional spaces required (besides the required spaces for the residential dwelling)
Large Family Daycare 1 space per employee, with a minimum of 3 spaces provided
High Schools
1 space per 4 daytime students plus 1 space for
each employee during the peak employment
shift
Industrial, Manufacturing, and Processing Uses
Warehousing, Wholesaling, Research, and
Other Industrial
1 space per 1000 sq. ft. of gross floor area plus
1 space per four employees
B. Uses Not Listed. Other uses not specifically listed in this section shall furnish parking as required by the approving authority in determining the off-street parking requirements. The Planning Commission shall be guided by the requirements in this section generally and shall determine the minimum number of spaces required to avoid interference with public use of streets and alleys.
(Ord. 2020-04 § 2, 2020; Ord. 2010-02 § 1 (part), 2010)
17.48.060 REDUCTIONS IN PARKING REQUIREMENTS.
The required number of parking spaces may be reduced in accordance with the following requirements.
A. Shared Parking. In order to encourage efficient use of parking spaces and good design practices, the total parking requirements for conjunctive uses shall be based on the number of spaces adequate to meet various needs of the individual uses operating during the peak parking period.
1. Use permit for shared parking. An Administrative Use Permit A use permit may be approved for shared parking facilities serving more than one (1) use on a site or serving more than one (1) property. The Administrative Use Permituse permit may allow for a reduction of the total number of spaces required by this chapter if the following findings are made:
a. The peak hours of parking demand from all uses do not coincide so that peak demand will not be greater than the parking provided;
b. The efficiency of parking provided will equal or exceed the level that can be expected if parking for each use were provided separately.
2. Shared parking agreement. A written agreement between the landowners and in some cases the city that runs with the land shall be filed, in a form satisfactory to the City Attorney, and include:
a. A guarantee that there will be no substantial alteration in the uses that will create a greater demand for parking without application for approval of an amended use permit; b. A reciprocal grant of nonexclusive license among the business operator(s) and the landowner(s) for access to and use of the shared parking facilities; and
c. Evidence that the agreement has been recorded in the County Recorder's office.
B. Other Parking Reductions. Required parking for any use except a single-family dwelling, accessory dwelling unit, or two (2)-family dwelling may be reduced through approval of an Administrative Use Permita use permit by the Planning Commission.
1. Criteria for approval. An Administrative Use Permit The Planning Commission will only grant a conditional use permit for reduced parking may be approved if it finds that the project meets all of the findings for an Administrative Use Permit in Section 17.12.060 (Administrative Use Permit) and conditional use permit criteria in Section 17.12.140 (Conditional Use Permits) and that three (3) or more of the circumstances listed below are true. a. The use will be adequately served by the proposed parking due to the nature of the proposed operation; proximity to frequent transit service; transportation characteristics of persons residing, working, or visiting the site; or because the applicant has undertaken a travel demand management program that will reduce parking demand at the site. b. Parking demand generated by the project will not exceed the capacity of or have a detrimental impact on the supply of on-street parking in the surrounding area.
c. The site plan is consistent with the objectives of the zoning district and incorporates features such as unobtrusive off-street parking placed below the ground level of the project with commercial uses above or enclosed parking on the ground floor.
d. The applicant has provided on-site parking for car share vehicles via a recorded written agreement between the landowner and the city that runs with the land. Agreement shall provide for proof of a perpetual agreement with a car share agency to provide at least one (1) car share vehicle on-site.
2. Application submittal requirements. In order to evaluate a proposed project's compliance with the above criteria, the Zoning Administrator may require submittal of a parking demand study that substantiates the basis for granting a reduced number of spaces.
(Ord. 2020-04 § 2, 2020; Ord. 2010-02 § 1 (part), 2010)
17.48.070 SPECIAL PARKING STANDARDS FOR OLD TOWN.
A. Purpose. Special parking standards are established for the Old Town area for the following primary purposes:
1. Spur growth in the core of old town by not requiring uses to provide more parking spaces than presently exist in the core;
2. Manage the growth of old town by limiting the number of businesses, offices, lodges, clubs and associations in the core of old town which may generate traffic or parking demands in excess of commercial, office and public assembly parking availability, causing the overflow of traffic and parking to spill over onto adjacent residential streets;
3. Manage traffic circulation and parking capacity by periodically assessing parking capacity in the core of old town;
4. Manage traffic circulation and parking by requiring reciprocal easement agreements between new parking lots and adjacent properties zoned for public facility, commercial, office or mixed use on which new parking lots can potentially be developed. The provision of reciprocal easements is intended to reduce street traffic and the number of on-street parking spaces used by allowing customers to find a space in an adjacent parking lot which may not be full.
B. Applicability. For the purposes of these zoning regulations, the Old Town boundaries are defined by the northern side of Park Street, the eastern side of John Street, the southern side of Plum Street, and the western side of Oak Ridge Road.
C. Special Parking Requirements for Non-Residential Uses. Generally, non-residential uses in the designated Old Town area are exempt from the parking requirements outlined in Table 17.48.050-1 (Parking Requirements by Land Use).
However, new non-residential uses and non-residential uses that propose to expand by fifty percent (50%) or more, which would result in a parking demand of thirty (30%) or more spaces, may be subject to parking requirements if required criteria are met through a subsequent parking capacity assessment outlined herein.
D. Parking Capacity Assessment. In order to provide development opportunity and adequate parking in Old Town, the redevelopment agency has assembled property for shared parking and reduced standards as outlined herein to rely on this shared parking rather than compelling each business to satisfy parking demand on-site. To ensure that adequate parking remains available, the Planning Commission will periodically evaluate parking conditions in the Old Town in the form of a parking capacity assessment. Through analysis of that assessment, the Planning Commission will determine whether the then current parking supply is adequate to meet the corresponding parking demand. The following standards and criteria apply to the parking assessment and determination:
1. Assessment Frequency. The city will evaluate and monitor parking supply and demand on a regular basis. A parking capacity assessment shall be conducted the sooner of every two (2) years or after every fifth new use, that would require ten (10) or more parking spaces as outlined in Table 17.48.050-1 (Parking Requirements by Land Use).
2. Responsibility and Content. City staff shall prepare the parking capacity assessment for Planning Commission consideration. The assessment shall include average and peak parking capacity in the designated Old Town area.
3. Determination of Parking Adequacy. The Planning Commission shall find that parking is adequate if parking demand does not exceed eighty-five percent (85%) of the available capacity within a two (2)-block radius of a project.
4. Parking Controls. The Planning Commission will implement parking controls (e.g., time limits, metered parking, and remotely located employee parking) before seeking to expand parking capacity.
5. Shared Parking. The Planning Commission will consider expanding available shared public parking (e.g., a parking garage) in order to relieve individual projects of the obligation to provide parking on-site as determined by a parking management study.
E. Reciprocal Easement Agreements. Property owners of new parking lots are required to provide reciprocal easements to adjacent properties zoned for public facility, commercial, office or mixed use on which new parking lots could potentially be developed as determined by the city engineer or Community Development Director. Placement of reciprocal easements will be determined by the city engineer and/or Community Development Director. (Ord. 2010-02 § 1 (part), 2010)
17.48.080 PARKING REQUIREMENTS FOR THE DISABLED.
A. Number of Spaces, Design Standards. Parking spaces for the disabled shall be provided in compliance with the Building Code and state and federal law.
B. Reservation of Spaces Required. The number of disabled accessible parking spaces required by this chapter shall be reserved by the property owner/tenant for use by the disabled throughout the life of the approved land use.
C. Upgrading of Markings Required. If amendments to state or federal law change standards for the marking, striping, and signing of disabled access parking spaces, disabled accessible spaces shall be upgraded in the time and manner required by law. (Ord. 2010-02 § 1 (part), 2010)
17.48.090 COMPACT CAR REQUIREMENTS.
The following requirements apply to parking provided for all uses or buildings except one (1) -family and two (2)-family dwellings:
A. Up to twenty-five percent (25%) of the required number of parking spaces may be sized for compact cars.
B. Compact car parking spaces shall be at least eight (8) feet in width and sixteen (16) feet in length, and shall be clearly marked, “COMPACT CARS ONLY,” “COMPACT,” or “C.”
C. Compact car spaces shall be distributed throughout the parking lot.
D. Where a section of the parking lot is restricted to compact parking with an angle of 90 degrees, the aisle width may be reduced from the standard twenty-three (23) feet to twenty- one (21) feet. Such compact sections should be located so as to minimize the distance from the section to the appropriate building or activity. (Ord. 2010-02 § 1 (part), 2010)
17.48.100 PARKING AND DRIVEWAY DESIGN AND DEVELOPMENT REQUIREMENTS.
A. Surface Parking Area. All surface parking areas shall have the following improvements:
1. Each parking space and aisle, except those accessory to one (1)-family and two (2) -family dwellings, shall be graded, drained, and surfaced so as to prevent dust, mud, or standing water, and shall be identified by pavement markings, wheel stops, entrance and exit signing, and directional signs, to the satisfaction of the City Engineer.
2. Lighting, giving a ground-level illumination of one (1) to five (5) foot-candles, shall be provided in the parking area during the time it is accessible to the public after daylight. Lighting shall be shielded to prevent glare on contiguous residential properties.
3. Where such parking area abuts a street, it shall be separated by an ornamental fence, wall, or compact evergreen hedge having a height of not less than two (2) feet and maintained at a height of not more than four (4) feet. Such fence, wall, or hedge shall be maintained in good condition.
4. Parking spaces shall be marked and access lanes clearly defined. Bumpers and wheel stops shall be installed as necessary.
5. Landscape materials are permitted to overhang the curb/wheel stop creating a reduction in impervious surface material.
B. Driveway Location Standards. Development projects located at intersections shall be accessed as follows:
1. Driveways to access parcels located at the intersection of two (2) streets shall be gained through driveways from the lesser street. Determination of which street is lesser shall be made based on total paving width, amount of traffic, adjacent traffic controls, and likely destinations along each street in question.
2. Driveways serving parcels located at the intersection of two (2) streets shall be situated at the maximum practical distance from the intersection.
3. Where a proposed driveway is located at least seventy-five (75) feet from the nearest cross street, the requirements of subsection 17.48.090.B.1 and 17.48.090.B.2 may be waived.
C. Driveway Size and Composition. All residential driveways shall be a minimum of twenty (20) feet in length and shall be constructed with a lasting, durable surface (i.e., concrete, asphalt, grasscrete, or similar material) and shall be constructed to appropriate requirements as determined by the city. (Ord. 2010-02 § 1 (part), 2010)
17.48.110 LOADING AREA REQUIREMENTS.
A. Required Loading Spaces for Delivery and Distribution. A building, or part thereof, having a floor area of ten thousand (10,000) square feet or more that is to be occupied by any use requiring the receipt or distribution by vehicles or trucks of material or merchandise must provide at least one (1) off-street loading space, plus one (1) additional such loading space for each additional forty thousand (40,000) square feet of floor area. The off-street loading space(s) must be maintained during the existence of the building or use it is required to serve. Truck-maneuvering areas must not encroach into required parking areas, travel ways, or street rights-of-way.
B. Required Loading Spaces for Customers. Customer loading spaces allow bulky merchandise to be loaded into customers' vehicles. Each home improvement sales and service use shall provide at least two (2) customer loading spaces per business establishment or one (1) customer loading space per forty thousand (40,000) square feet of floor area, whichever is greater. Customer loading spaces shall be located adjacent to the building or to an outdoor sales area where bulky merchandise is stored and shall be clearly visible from the main building entry or through directional signage visible from the main entry. Customer loading spaces shall be not be located in such a way that they impede on-site traffic circulation, as determined by the Director of Public Works.
C. Requirements for Off-street Loading Spaces.
1. Minimum size. Each off-street loading space required by this section must be not less than twelve (12) feet wide, thirty (30) feet long, and fifteen (15) feet high, exclusive of driveways for ingress and egress and maneuvering areas.
Loading spaces for customers may be twelve (12) feet wide, twenty-six (26) feet long and twelve (12) feet high.
2. Driveways for ingress and egress and maneuvering areas. Each off-street loading space required by this section must be provided with driveways for ingress and egress and maneuvering space adequate for trucks, per city standards.
3. Location of loading areas. An off-street loading space (excluding loading spaces for customers) required by this section must not be located closer than thirty (30) feet to any lot or parcel of land in a residential district, unless such offstreet loading space is wholly enclosed within a building or on all sides by a wall not less than eight (8) feet in height. Except in industrial zoning districts, a loading door or loading dock that is visible from a public street must be screened with an eight (8)-foot-high, solid masonry or other sound-absorbing wall, with landscaping planted between the wall and the right-of-way. (Ord. 2010-02 § 1 (part), 2010)
17.48.120 BICYCLE PARKING REQUIREMENTS.
A. Applicability. Bicycle parking shall be provided for all new construction, additions of ten percent (10%) or more floor area to existing buildings, and changes in land use classification. Single-family homes, duplexes, and multi-family dwellings of less than four (4) units are exempt.
B. Number of Required Bicycle Parking Spaces. The required minimum number of bicycle parking spaces for each use
category is shown on Table 17.48.120-1. Uses that are not listed in the table are not required to provide bicycle parking.
Required bicycle parking may be provided in floor, wall, or ceiling racks.
TABLE 17.48.120-1
REQUIRED BICYCLE PARKING
Use Classification Bicycle Parking Spaces
Residential
Multiple-Family Residential, Group Housing, or
Transitional Housing 1 space per 4 units
Public, Semipublic, and Service
Community Center, Religious Facility, or
Cultural Institution
1 space per 40 seats or 1 space per 500 sq. ft.
of assembly area, whichever is greater
Government Offices 1 space per 10,000 sq. ft.
Hospitals and Clinics
Hospitals 1 space per 50 beds
Clinics 1 space per 3,000 sq. ft.
Park and Recreation Facilities To be determined by the Zoning Administrator Parking Facilities, Public 1 space per 20 auto spaces
Schools, Public or Private
Elementary 2 spaces per classroom
Junior High, High School 4 spaces per classroom
Commercial and Entertainment
Animal Sales and Services (except Kennels) 1 space per 10,000 sq. ft., minimum of 2 spaces per establishment
Banks and Other Financial Institutions 1 space per 10,000 sq. ft., minimum of 2 spaces per establishment
Business Services 1 space per 10,000 sq. ft., minimum of 2 spaces per establishment
Commercial Recreation To be determined by the Zoning Administrator Eating and Drinking Establishments 1 space per 10,000 sq. ft., minimum of 2 spaces per establishment
Food and Beverage Sales Offices 1 space per 10,000 sq. ft., minimum of 2 spaces per establishment
Live/Work Unit 1 space per 4 units
Retail Sales 1 space per 10,000 sq. ft., minimum of 2
spaces per establishment
Theaters 1 space per 40 seats
Business and Professional Offices
Medical and Dental 1 space per 10,000 sq. ft., minimum of 2 spaces per establishment
Personal Service 1 space per 10,000 sq. ft., minimum of 2 spaces per establishment
C. Location. Bicycle parking must be located on the site of the use it serves, generally within fifty (50) feet of an entrance to the building it serves unless otherwise approved. In the case of a multi-tenant shopping center, bike parking must be located within fifty (50) feet of an entrance to each use it serves.
D. Bicycle Lockers. Where required bicycle parking is provided in lockers, the lockers must be securely anchored.
E. Bicycle Racks. Required bicycle parking may be provided in floor, wall, or ceiling racks. Where required bicycle parking is provided in racks, the racks must meet the following requirements:
1. The bicycle frame and one (1) wheel can be locked to the rack with a high-security U-shaped shackle lock if both wheels are left on the bicycle;
2. A bicycle six (6) feet long can be securely held with its frame supported so that the bicycle cannot be pushed or fall in a manner that will damage the wheels or components; and
3. The rack must be securely anchored.
F. Special Requirements for Long Term Bicycle Parking. Mixed-use and high-density residential development have
special long-term bicycle parking needs. As such, required spaces for such uses shall be designed and located to maximize security in one (1) or more of the following locations/ways:
1. In a locked room.
2. In an area that is enclosed by a fence with a locked gate. The fence must be either eight (8) feet high or be floor to ceiling.
3. Within view of an attendant, security guard or employee work area.
4. In an area that is monitored by a security camera.
5. Within a dwelling unit, dormitory, or other group housing unit, live/work unit, or artists' studio. If provided within a unit, racks or lockers are not required.
G. Parking and Maneuvering Areas. Each required bicycle parking space must be accessible without moving another bicycle. There must be an aisle at least five (5) feet wide adjacent to all required bicycle parking to allow room for bicycle maneuvering. Where the bicycle parking is adjacent to a sidewalk, the maneuvering area may extend into the right-of-way.
The area devoted to bicycle parking must be hard surfaced.
H. Visibility. If required bicycle parking is not visible from the street or main building entrance, a sign must be posted at the main building entrance indicating the location of the bicycle parking. (Ord. 2010-02 § 1 (part), 2010)
17.48.130 MAINTENANCE.
The minimum number of parking spaces required in this chapter shall be provided and continuously maintained. A parking, loading or bicycle parking area provided for the purpose of complying with the requirements of this chapter shall not be eliminated, reduced or converted unless equivalent facilities approved by the approving authority are provided elsewhere in compliance with this chapter. (Ord. 2010-02 § 1 (part), 2010)
Attachment C. Housing Element Programs Associated with
Revisions
Yellow highlighted text was addressed in set A (ADU, JADU, SB9) Green highlighted text was addressed in set B (ADU Amnesty) Blue highlighted text was addressed in set C (Parking, Affordable Housing, Review Process) Program 4. Facilitate ADU Production
To encourage and increase ADU production in the City, a number of efforts are included. The programs are intended to help the City meet its target projection of three ADUs per year.
This program works in conjunction with Program 23, ADU, JADU, and SB 9 Education. If annual production and affordability rates do not match the estimates included in the Housing Resources Section, the City will update the ADU strategy to ensure that the City continues to maintain adequate capacity for all income levels. • Updated ADU Ordinance. The City has submitted its ADU ordinance to the State and the State acknowledge that the ordinance was received. Should the State require revisions to the ordinance, it will be modified to reflect the requested revisions within one year upon receipt of the comments.
• ADU Tracking. The City will track and monitor its ADU production to ensure that annual production achieves the RHNA projections (3 ADUs/year). The City will begin to request information about ADU rents from applicants to better track the affordability of proposed ADUs. As a part of ADU tracking, the City will analyze geographic distribution of ADUs biennially to understand which neighborhoods are building ADUs. • ADU Fast Track Program. The City will develop a process to fast track ADU applications through plan check by moving them to the top of the queue and reducing plan check turnaround times.
• ADU Amnesty Program. To ensure safe and adequate housing, the City will develop an ADU amnesty program for existing, unpermitted ADUs to receive inspections and bring units into compliance with code and permits without risk of code enforcement action, significant fee reductions and assistance in determining necessary improvements. • Fee Waivers for Affordable ADUs. Current successor funds require an affordability covenant length of 55 years. The City will modify Zoning Ordinance Section 17.70.060 to shorten the required ADU covenant length (for example, for 5 – 15 years) pending alternate funding to offset the fee waivers for ADUs over 750 square feet that are made available to lower or moderate income households for a shorter period of time. The City will pursue funding sources, such as PLHA or in-lieu fees, funds for this effort.
Program 5. SB 9 Technical Assistance and Facilitation
The City is in the process of creating informational materials to assist applicants and property owners in submitting applications for the development of SB 9 projects, which would
highlight permit requirements and development standards to promote greater clarity in preparing submittals. Materials are anticipated to be completed in 2023. In the interim, City staff provides guidance to applicants and owners through correspondences by phone, email, and counter meetings to help applicants understand State standards and provisions under SB 9, discuss preliminary design concepts, and explain permit procedures. Additionally, the City is in the process of establishing objective design standards. Objective design standards would provide greater predictability and clarity regarding design attributes for new residential development and support ministerial review and are anticipated to be completed within two years of Housing Element adoption.
The City has recently received its first SB 9 application. In an effort to encourage and facilitate development in single family zone, the City will pursue a number of technical assistance and facilitation efforts including:
• Updating the zoning code. This will include a review of developmental standards that could constrain SB 9 development and updating the zoning code to remove such constraints.
• Creating a simplified lot split form to process SB 9 projects and provide the form online
• Ensure objective design standards for SB 9 units (Program 13) • Provide enhanced technical assistance through Program 4, which includes implementing new software to provide residents and developers with tools to determine if an ADU or SB 9 unit can be put on their property. The software will provide information regarding zoning, rebate opportunities, opportunities for fee waivers available for affordable ADU and SB 9 development, and the ADU amnesty program. The objective design standards and simplified lot form for SB 9 units will be made available through the software.
This program works in conjunction with Program 23, ADU, JADU, and SB 9 Education, which provide a variety resources and outreach to homeowners regarding SB 9.
Program 6. Incentives for Mixed-Use Developments
The City will develop incentives to encourage residential mixed-use development in areas consistent with the Three Corridors Specific Plan Land Use Plans, and in particular along portions of the San Pablo Avenue, Pinole Valley Road, and Appian Way. Specific incentives for mixed-used development include:
• A waiver of park development impact fees for deed-restricted affordable units beyond the inclusionary requirement in a development in coordination with the development of a Housing Successor’s Low and Moderate Income Housing Asset Fund Policy (Program 7).
• Prepare, update, or revise EIR as appropriate to provide CEQA clearances for projects that comply with existing zoning . The City will review and update as necessary the EIR prepared for the GP and Specific Plan so that individual projects can utilize opportunities for tiering from environmental documentation and streamlining provided under CEQA, where applicable, which can reduce duplicative analyses and
streamline environmental review. The City will begin the review within 3 years of Housing Element adoption and complete it within 6 years of adoption. • Priority development project review and processing.
Additional incentives the City shall explore include but are not limited to:
• Increased densities.
• Providing flexibility in parking requirements.
Program 7. Development of Housing Successor’s Low and Moderate Income Housing Asset Fund Policy
The City will develop a Housing Successor’s Low and Moderate Income Housing Asset Fund Policy. The policy will set priorities and goals for the use of affordable housing funds in the City as well as investigate the creation of an in-lieu fee as an alternative to the inclusionary housing requirement. The policy guide will ensure efficient and productive use of the resources. The policy guide will consider RHNA requirements, local housing needs and demographics, and fair housing objectives, among other factors. To encourage housing mobility and choice across Pinole, the City will prioritize use of limited affordable funding to create affordable housing developments and provide ownership of housing for moderate and lower-income households in higher opportunity areas of the City, including those with healthy environment, access to transportation and resources, and higher education scores, more common in eastern Pinole. The City is also including a waiver of park impact fees for affordable units beyond the inclusionary housing requirement (per Program 8).
The City will continue to require 15 percent of the units located in new residential developments of four or more to be affordable, and of those units, 40 percent must be affordable to very low income households with the construction of units off-site as an alternative. The City will pursue creation of an in-lieu fee alternative for the inclusionary housing requirement to provide flexibility for smaller projects and to create a new funding source for affordable housing projects.
Program 8. Affordable Housing Incentives
Create and adopt a set of incentives for projects that provide a minimum of 15 percent of total units affordable to low and moderate income households, and provide additional affordable housing beyond the City’s 15 percent inclusionary requirement. Specific incentives include:
• Priority and expedited review for affordable housing developments. The City will create and adopt a process for expedited and priority review which may include, for example, completion of initial review within 20 days following the intake of a new application and providing subsequent review comments back to applicants at a targeted expedited review rate 50 percent faster than the regular review process. The expedited review process would apply to projects that include affordable housing beyond the City’s inclusionary requirement and would include factors such as affordability level, location in City, and developments targeting special needs
population.
• Waiver of park impact fees for all deed-restricted affordable units in excess of the 15 percent inclusionary units requirement.
The City will continue to provide incentives for lot consolidation requests made to facilitate low-income housing through strategies that may include, but are not limited to:
• Flexibility in development standards.
• Ministerial approval of lot consolidation requests made in order to facilitate development of affordable housing.
Additional incentives the City shall investigate include but are not limited to:
• Standard planning application fee waivers based on the affordability level proposed.
Program 9. Housing for Extremely Low, Very Low, Low, and Moderate Income Households and Special Needs Households, Including Persons with Disabilities To encourage and facilitate the development of housing for lower income households, especially extremely low income households and special needs households, including housing for persons with disabilities, the City is pursuing a number of efforts identified in this program and in coordination with other programs in the Housing Element. As identified in the needs analysis of this Housing Element, special needs households with the greatest identified need in Pinole include the elderly and persons with disabilities. Specific actions and timelines to assist in the development of housing for extremely low-, very low-, low-, and moderate-income households, as well as housing for persons with special needs are as follows:
• Develop a Housing Successor’s Low and Moderate Income Housing Asset Fund Policy that prioritizes affordable housing developments for extremely-low income households, households with special needs and households with persons with disabilities. The policy guide will consider RHNA requirements, local housing needs, such as the needs of special needs households, demographics, and fair housing objectives, among other factors and will be completed within 3 years of Housing Element adoption. (see Program 7).
• Develop a fee waiver program that would provide low or no-cost building permits to age-qualified, lower income households, and qualified special needs households to make improvements to their home for universal design. The fee waiver program will help reduce costs for qualifying special needs households to improve their homes.
The City will develop a list of qualifying households and qualifying upgrades for the program. Eligible improvements may include plumbing, roofing, water damage, accessibility/mobility modifications, and improvements to make moving around inside and outside the home easier, such as stair lifts and hand rails. The Program will be completed with 18 months of Housing Element adoption. • Reduce parking standards for lower-income household developments. Zoning Ordinance amendments for will be completed within two years of Housing Element adoption.
• Contact housing service providers within Contra Costa County to determine the best
way to facilitate development of housing for extremely low-income households and special needs households, including persons with disabilities within one year of Housing Element adoption
• Based on funding availability, explore, at least once a year, development assistance for multifamily and supportive housing to meet the needs of extremely low-income households and persons with disabilities (including persons with developmental disabilities), and other special needs households.
• Implement a waiver of park impact fees for all deed-restricted affordable units in excess of the 15 percent inclusionary units requirement within two years of Housing Element adoption (see Program 8.)
• A suite of actions to encourage development of housing for seniors as outlined Program 10. Actions include reducing parking for senior housing developments, a home sharing and tenant matching program, enhanced rebate options for energy efficient home improvements, and participation in regional programs. • Annually contact developers of special needs and lower income housing to assist in development where feasible by:
o Assisting and supporting new applications.
o Providing priority processing, in coordination with Program 8. o Evaluate fee deferrals or subsidies and design modifications. o Facilitating site acquisition.
o Hosting an annual workshop for developers to provide information on the City’s regulations regarding housing development, opportunities and sites available for development, and the City’s development incentives.
Program 10. Senior Housing Incentives
The needs analysis identified a special need for the development of housing for seniors in Pinole. In response to this need, the City will develop a set of incentives to encourage the development of housing for seniors. Specific incentives include:
• Reducing parking requirements for senior housing development. • Permit fee waivers for elderly residents for adaptation and modifications of households to accommodate universal design and aging in place (per Program 9). • Enhanced rebate incentives for homeowners to make it financially feasible to undertake energy efficient and weatherization projects (per Program 19). • Promote home match shared housing programs (per Program 11), such as Front Porch’s Home Match, for homeowners to turn an available room into an opportunity to earn income, save money, age-in place, provide affordable housing and create new social connections.
• Participation in regional programs to provide assistance to seniors. Continue the partnership with the Contra Costa and Solano Food Bank to provide food resources to the community and seniors.
Additional incentives the City shall investigate include but are not limited to:
• Investigate Density Bonus beyond state law.
• Allow smaller senior units via an equivalent density unit factor that would count one senior unit as a fraction of a regular dwelling unit.
Program 12. Zoning Amendments
The City is including a number of zoning amendments as identified in the constraints section to ensure compliance with state law and remove constraints to development. Amendments to the zoning ordinance are as follows.
• Amend the Emergency Shelter ordinance to comply with AB 139 and to ensure that standards for emergency shelters are subject to the same standards as other uses in the same zone and parking requirements are based on staffing levels only. • Amend the zoning ordinance pursuant to Government Code Section 65583 to allow for Low Barrier Navigation Centers by right in areas zoned for mixed uses and nonresidential zones that permit multifamily uses.
• Amend the zoning ordinance in RMU to permit manufactured homes on permanent foundations as if they were single-family homes.
• Amend the zoning ordinance to comply with SB 9 standards (California Government Code section 65852.21).
• Review and revise standards and definitions for both group homes and residential care facilities to ensure that they are fully compliant with all appropriate state laws and that there are no constraints on group homes in the Zoning Code. This includes an amendment to allow group homes in the R zone as a permitted use by right as is allowed in all other residential zones and adding a definition of group residential to the Zoning Code.
• Review the definition of family and revise as appropriate to ensure that the definition does not require, or imply that it requires a single lease or rental agreement. • Amend the zoning ordinance to comply with state density bonus law (California Government Code section 65915). Specifically the update will increase the maximum density bonus from 35 to 50 percent, add student housing as a housing type that is eligible for density bonus incentives, reduce parking from 2 to 1.5 spaces for two and three bedroom units and from 2.5 to 2 spaces for four or more bedroom units. The City is complying with state density bonus law though the code is not yet updated. • The City will reduce the level of approval for a parking reduction or shared parking agreement from a conditional use permit to an administrative use permit, which is approved by the Zoning Administrator. The City will review the four criteria for a parking reduction to evaluate additional criteria or/and reduce the minimum number of required criteria.
• The City will further study parking requirements and reduce them so they do not post a constraint on development. Specifically, the City will do one or more of the following:
remove or reduce guest parking, remove covered parking requirements, allow tandem parking, or reduce minimum parking requirements. The City is pursuing assistance with parking evaluation and reduction through MTC-ABAG’s parking policy technical assistance.
Program 13. SB 330 Objective Design Standards and SB 35 Streamlining Compliance SB 330 enacts changes to local development policies, permitting, and processes that will be in effect through January 1, 2025. SB 330 places new criteria on the application requirements and processing times for housing developments; prevents localities from decreasing the housing capacity of any site, such as through downzoning or increasing open space requirements, if such a decrease would preclude the jurisdiction from meeting its RHNA housing targets; prevents localities from establishing non-objective standards; and requires that any proposed demolition of housing units be accompanied by a project that would replace or exceed the total number of units demolished. Additionally, any demolished units that were occupied by lower-income households must be replaced with new units affordable to households with those same income levels.
The City will ensure compliance with SB 330, by requiring any demolished units that were occupied by lower-income households to be replaced with new units affordable to households with those same income levels and establishing objective design standards.
Pursuant to SB 330, the City will review and amend the Zoning Ordinance and Design Review Guidelines to ensure that all development standards, design guidelines, and findings are objective, and promote certainty in the planning and approval process. The objective standards will also include standards for SB 9 projects. The City has begun the process and is currently cataloging existing objective and subjective standards. Through implementing objective design standards, the City is aiming to reduce the time it takes to complete the comprehensive design review process.
The City will review its approval processes to accommodate SB 35 streamlined applications and by-right applications for permanent supportive housing and navigation centers. The City will provide information regarding the SB 35 process on its website.
Program 15. Permit Streamlining
The City is including multiple efforts to expedite the permitting and review process through reducing the necessary levels of approval. This is a response to public outreach, constraints, and needs analyses.
Specifically, the City will:
• Lower the approval authority of entitlements for all Density Bonus projects from City Council to Planning Commission.
• Process lot consolidations ministerially.
• Adopt a priority permitting process for developments with affordable units beyond the inclusionary requirement (Program 8)
The City is in the process of implementing an electronic permitting application and tracking system. The online permitting process will help to expedite permitting procedures and will make permitting submittals and subsequent reviews easier for applicants, including allowing applicants to review items needed for submittals, check current project status, and digitally submit materials.
Jan 21, 2025
City of Pinole
2131 Pear Street
Pinole, CA 94564
By Email: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] CC: [email protected]; [email protected]; [email protected]; [email protected]
Re: Proposed amendments to the City’s Accessory Dwelling Unit and Junior Accessory Dwelling Unit Regulations
Dear Pinole City Council,
The California Housing Defense Fund (“CalHDF”) submits this letter as a public comment concerning item 10B on the agenda for the City Council meeting scheduled for January 21, 2025, an amendment to the City’s regulations for ADUs and JADUs. This proposed ordinance fails to comply with state law in several ways, and the City should address these problems before approving the ordinance.
Background
The law gives local governments authority to enact zoning ordinances that implement a variety of development standards on ADUs. (Gov. Code, § 66314.) The standards in these local ordinances are limited by state law so as not to overly restrict ADU development. (See id.) Separately from local ADU ordinances, Government Code section 66323 establishes a narrower set of ADU types that local governments have a ministerial duty to approve. “Notwithstanding Sections 66314 to 66322 ... a local agency shall ministerially approve” these types of ADUs. (Id. at subd. (a).) This means that ADUs that satisfy the minimal requirements of section 66323 must be approved regardless of any contrary provisions of the local ADU ordinance. (Ibid.) Local governments may not impose their own standards on such ADUs. (Gov. Code, § 66323, subd. (b) [“A local agency shall not impose any objective development or design standard that is not authorized by this section upon any accessory dwelling unit that meets the requirements of any of paragraphs (1) to (4), inclusive, of subdivision (a).”].) 360 Grand Ave #323, Oakland 94610
[email protected]
In addition, ADUs that qualify for the protections of Government Code section 66323, like other ADUs, must be processed by local governments within 60 days of a complete permit application submittal. (Gov. Code, § 66317, subd. (a).) State law also prohibits creating regulations on ADU development not explicitly allowed by state law. Government Code Section 66315 states, “No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner-occupant requirement, except that a local agency may require that the property may be used for rentals of terms 30 days or longer.”
Impermissible Underlying Standards
City code section 17.70.040 imposes all underlying city zoning standards on ADUs, except as modified by that section. However, as discussed supra, Government Code section 66323 mandates that the City approve a specific class of ADUs subject only to specified height and setback requirements, notwithstanding any local code requirements to the contrary. This means, for example, that the City cannot impose landscaping regulations, floor area ratio regulations, parking requirements, front setbacks, etc. on ADUs that qualify for the protections of Government Code section 66323.
Impermissible Location Regulations
City code section 17.70.040(D)(5) mandates that new detached ADUs “shall be constructed at the rear or side of an existing single-family residence, and otherwise appear secondary in nature, and not be constructed in front of the primary dwelling unit.” However, Government Code section 66323, subdivision (a) does not permit any requirement for ADUs to be located to the side or rear of the primary dwelling, if the ADUs qualify for the protections of that section of law. There are many policy reasons for this. For instance, a homeowner may prefer to preserve a private backyard space while redeveloping the less useful front yard. While children may play in the backyard, the front yard is closer to the street and less safe for a variety of activities. The City therefore must allow front yard ADUs that comply with the standards in Government Code section 66323, subdivision (a) both on single family and on multifamily properties.
HCD has issued guidance (the January 2025 HCD ADU Handbook, page 18) affirming the duty of local agencies to allow ADUs protected by Government Code section 66323 in the front setback under all circumstances.
Additionally, this is not an objective standard, as it is impossible for an applicant to know, ex ante, what a reviewing official will consider to “appear secondary in nature.” Government Code section 66314, subdivision(b)(1) permits the imposition of objective standards, and 2 of 4
Government Code section 66315 prohibits the imposition of standards beyond what is provided for in § 66314. The City may therefore not impose this non-objective standard.
Additionally, City Code section 17.70.040(D)(2)(C) imposes a requirement that “detached ADUs shall not be less than six (6) feet from the primary dwelling unit, except if this would prohibit the construction of an eight hundred (800) square foot ADU with four (4) foot rear and side setbacks.”
As discussed supra, Government Code section 66323, subdivision (a) does not permit any locational requirements for detached ADUs other than that they be four feet from side and rear property lines (if newly constructed) or have setbacks sufficient for fire and safety (if converted from existing structures). As an example, this section of law would illegally prohibit the conversion of a garage to an ADU, if that garage were less than six feet from the primary dwelling. The City therefore may not impose this six-foot requirement on ADUs protected by Government Code section 66323.
Impermissible Design Standard
City code section 17.70.040(E)(6) requires “Modifications to the exterior of the residence in order accommodate [sic] a proposed JADU shall use exterior colors, materials, and architectural details that match the appearance of existing corresponding features on the residence.” However, as discussed supra, if the JADU qualifies for the protections of Government Code section 66323, subd. (a)(1), then the city must approve it ministerially, via building permit only, and cannot impose any such design regulations, as this section of state law only permits specified height and setback regulations, as discussed supra.
Impermissible Parking Requirements
City code section 17.70.040(F) requires parking for each new ADU, less certain exceptions.
However, as discussed supra, Government Code section 66323 mandates that the City approve a specific class of ADUs subject only to specified height and setback requirements, notwithstanding any local code requirements to the contrary. This means that the City cannot subject such ADUs to parking requirements.
⧫ ⧫ ⧫
CalHDF appreciates the City’s effort to implement state law governing ADU construction.
However, the City should amend its ordinance to ensure that it complies with state law.
CalHDF is a 501(c)3 non-profit corporation whose mission includes advocating for increased access to housing for Californians at all income levels, including low-income households.
You may learn more about CalHDF at www.calhdf.org.
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Sincerely,
Dylan Casey
CalHDF Executive Director
James M. Lloyd
CalHDF Director of Planning and Investigations
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Attachment E. Planning Commission Staff Report and Resolutions Planning Commission – December 9, 2024
Accessory dwelling units (ADUs), junior accessory dwelling units (JADUs), and unit and lot split projects proposed under Senate Bill 9 (SB 9)
Item H.3.
https://pinoleca.portal.civicclerk.com/event/123/files/agenda/740 Planning Commission – January 27, 2025
Parking standards, affordable housing requirements, and administrative review processes.
Item G.1.
https://pinoleca.portal.civicclerk.com/event/124/files/agenda/775 Planning Commission – February 24, 2025
ADU Amnesty Program
Item G.1.
https://pinoleca.portal.civicclerk.com/event/125/files
Attachment F. Example Pre-Submittal ADU Amnesty Checklist
Page of 13 1
Building & Safety Division
Planning & Development
Amnesty Program for
Unpermitted Dwelling Units
This pre-submittal checklist is provided to you, the owner of an unpermitted dwelling unit, for selfassessment of your property. It will assist you in exploring the possibility of legalization of your unit under the Amnesty Program for Unpermitted Dwelling Units. Please complete this checklist to identify possible code issues and to assess the possibility of pursuing legalization of your unit. Once completed, you may choose to schedule a free and confidential consultation with program staff to discuss possible pathways to legalization of your unit.
Note: The City of Berkeley cannot ignore any conditions that present an immediate danger to life safety.
Applicants must be aware of this risk before submitting an Amnesty Program Application and having your unpermitted unit inspected by a City Inspector. Any fire and/or life safety violations observed during the initial Housing Inspection must be corrected within 30 calendar days. Violations determined to be an immediate danger that are not corrected may be subject to code enforcement proceedings including assessment of fees.
Your Unit’s Information
Estimated Date of Construction/Conversion: Unit Square Feet:
Zoning District: Fire Zone: 1 2 3
Types of Unpermitted Dwelling Units
Other:
Attached ADU: An attached secondary unit with independent access, permanent spaces for living and sleeping, and a complete kitchen and bathroom. This includes converted ADUs from existing garages, basements, attics or other existing habitable or non-habitable spaces.
REV: 020425
1947 Center St. 3rd Floor, Berkeley, CA 94704
(510) 981-5444 TTY 6903
[email protected]
Detached ADU: A detached secondary unit with independent access, permanent spaces for living and sleeping, and a complete kitchen and bathroom. This includes converted ADUs from existing garages or other detached accessory structures serving the primary dwelling.
Converted JADU: A JADU that is contained entirely within the floor area of a Single Family Dwelling with a separate exterior entrance. JADUs may be converted garage or attic spaces with separate sanitation facilities or may share sanitary facilities with the Single Family Dwelling.
JADUs may also have efficiency kitchens as their permanent cooking facility.
OWNER’S PRE-SUBMITTAL
QUESTIONNAIRE AND CHECKLIST
Page of 13
Construction/Conversion Date:
Pathways to Legalization:
Only unpermitted dwelling units constructed or converted prior to January 1, 2020 are eligible for participation under the Amnesty Program for Unpermitted Dwelling Units.
Applicants seeking legalization under the Amnesty Program for Unpermitted Dwelling Units may request their construction documents and plans be reviewed under the building codes that were in effect at the time when the unit was first constructed or converted by providing documentation to verify the construction or conversion date of the unpermitted dwelling unit. All documentation is subject to review and approval by program staff. California Building Standards applied to the unit are subject to review and approval at the discretion of the Building Official.
Please indicate which type/types of documentation will be used to confirm the construction/conversion date of the unit:
The City of Berkeley’s Amnesty Program for Unpermitted Dwelling Units provides 2 pathways to legalization:
See the Amnesty Program for Unpermitted Dwelling Units Program Rules for more information on pathways to legalization and compliance.
A signed/stamped letter from a licensed professional
The County Assessor’s initial date recognizing the unpermitted dwelling unit Escrow documents identifying the unit and the year of construction Prior Official Building, Planning, or Code Enforcement records of the unpermitted dwelling unit Real estate transfer disclosure forms for unpermitted dwelling unit Legalization through the standard building permit process and issuance of a Certificate of Occupancy
Legalization through issuance of a Housing Certificate of Compliance.
Path 1:
Path 2:
Eligibility Criteria Checklist
Does the number of dwelling units to be legalized exceed the allowances for the SingleFamily Dwelling maximum per lot, which is 1 ADU and 1 JADU? Y N
Was the existing unpermitted dwelling unit constructed/converted prior to January 1, 2020? Property owners will be required to provide documentation for construction/conversion date.
See Program Rules for acceptable documentation types.
Is the unpermitted dwelling unit located in an area zoned for residential use? Unpermitted dwelling units located in an area other than what is zoned for residential use are not eligible for the amnesty program.
Does the owner occupy the primary dwelling or the secondary unit if the unpermitted unit is a Junior ADU (JADU)?
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If the above information is not available, then a combination of the following can be utilized to establish the construction/conversion date:
Insurance documents
Notarized letters from previous owners or tenants
Photos (if available) Dated, showing approximate time of construction Other documents will be considered on a case-by-case basis Contractor
Fill in as much information as available.
Owner
Other:
Construction
Performed
by:
Structural:
Check all
that apply
Wall Type:
Attic: Roofing:
Roof Type:
Concrete Slab
2 x 4 studs at 16” o.c.
Vented Asphalt Shingle
Metal
2 x at ” o.c. roof rafters
Raised: 2x floor joists at ” o.c.
2 x 4 studs at 24” o.c.
Not Vented Tile Flat
Unknown
Other:
Other: Other:
Other:
Construction of the Unpermitted Dwelling Unit:
Electrical
Wiring:
Check all
that apply
Is all of the existing electrical wiring serving the unpermitted dwelling unit from the original primary building?
If not, please describe the unpermitted alterations:
Y N
Plumbing
and
Mechanical
Amenities:
Check all
that apply
Are all of the fixtures and plumbing systems serving the unpermitted dwelling from the original primary building?
If not, please describe the unpermitted alterations:
Y N
2 x at ” o.c. ceiling joisters
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Fire and Life Safety Criteria Questionnaire
Amnesty Program for Unpermitted Dwelling Units applicants will be required to address, at a minimum, all of the fire and life safety requirements listed below in order to be considered for legalization. If your unit does not meet one or more of these requirements, they will be considered violations. Applicants who do not address minimum life safety violations will be subject to code enforcement. Under no circumstances can a 5-year delay of code enforcement proceedings be requested for abatement of fire, life, and health safety violations. For each question, a “No” answer may indicate that a remediation, repair, or a degree of reconstruction is needed.
On the following questions, please select Yes, No or N/A (not applicable) for each question.
If N/A is not listed after a question, then you must select Yes or No.
If there is an * before the question and your answer to the question is No, then the item must be corrected before you can request a reprieve from code enforcement proceedings and continue to Certificate of Occupancy or Certificate of Compliance. A building permit may be required.
Answering “No” to questions with an ** will require the unit to be legalized through the standard building permit process (Path 1) and not through the issuance of a Housing Certificate of Compliance (Path 2).
a. ** Is the unit free of significant structural damage or defects due to deterioration, such as tilting walls or sagging roofs that present hazards? b. Is the unit free of any tripping hazards such as loose carpets, buckling and loose floor boards, delaminated floor finishing, or nails popping up? c. ** Is the ceiling height inside the unit at least 7 feet clear? a. * Are all interior walls straight and sound?
b. Are all interior walls finished with paint or with materials having protective qualities?
c. Are all interior walls free from loose plaster?
d. Do bathroom walls, including shower enclosures, have the required seal to prevent moisture intrusion into the building elements?
Plumbing - Hot and cold water piping, sanitary piping
Toilet
Lavatory - including faucets
Shower - including shower faucets,
head, and drain
Tub - including controls, spout, and drain
Clothes Washer Infrastructure
Clothes Dryer Infrastructure
Kitchen Sink
Water Heater
For the following plumbing fixtures and/or mechanical elements, please indicate which were added, altered or replaced without an approved building permit:
Structure related
Overall condition
Dishwasher
Heating System
Interior walls
Y N
Y N N/A
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e. Are all interior walls free from holes allowing air or rodent intrusion? f. Are all interior walls free from visible mold?
g. Are all interior walls free of peeling paint? (See lead based paint notation) h. Does the ADU have common walls, ceilings and/or floors with the primary unit? i. * To your knowledge, is there an existing 1-hour firewall separation at all common walls and ceilings?
j. If existing, are the fire separation walls and ceiling between dwelling units free of damage, holes and leaks?
Interior walls (continued)
Y N N/A
a. * Are all exterior walls straight and sound?
b. Are all walls finished with paint or with materials having weather-resistant protective qualities on the exterior?
c. Are all wooden trims and sidings protected or have natural protective qualities? d. Are all walls free from loose stucco?
e. Are all walls free from holes or other damage allowing air or rodent intrusion? f. Are all walls free from peeling paint hazards?
g. ** If the ADU is detached from the primary dwelling or if the ADU was added to the primary dwelling increasing the ground footprint, are the ADU exterior walls within 3 feet of property lines?
h. ** Are there existing windows along the exterior walls that are located less than 36” from the property line?
i. * Does the exterior wall facing the property line have the required 1-hour fire wall separation?
j. If the ADU is detached from the primary dwelling, is the ADU less than 10 feet apart from the primary dwelling building?
k. * If less than 10 feet apart from the primary dwelling, does the ADU exterior wall facing the primary dwelling have the required 1-hour fire wall separation? Exterior walls (walls not common with the primary dwelling)
Y N N/A
a. * Are stairs accessing the unit, decks serving the unit and balconies serving the unit in good working condition? Please note ship’s ladders, alternating tread stairs or other types of elevation change components are not considered stairs. If answer is N/A skip questions b through h below and continue with Exterior Elevated Elements.
1. What is the current width of the stairs?
2. Does the measurement from the stair nosing (leading edge of the stair tread) to the ceiling directly above provide at least 6’8” headroom?
3. What is the current height of the stair risers?
4. What is the current width of the stair treads?
Stairways, Landings and Balconies
Y N N/A
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b. Are all handrails and guardrails in good condition?
c. * Are all handrails and guardrails secure in their attachments? d. Do all balusters and guard openings serving stairways, decks and balconies meet the minimum approved max openings which would not allow a sphere of 4” diameter?
e. * Are all treads or steps in good condition free of tripping hazards? f. Are all structural supports of the stairways, decks and balconies in good condition?
g. Are all materials protected from weathering and damage or have natural protective features?
h. Is any point of the standing surface of the deck, balcony, and/or stair landing more than 30” above the adjacent ground level?
Stairways, Landings and Balconies (continued)
Y N N/A
a. * Is the dwelling served by any Exterior Elevated Elements such as exterior stairs, balconies or decks more than 6 feet above the adjacent ground surface as described in BMC Section 19.40.040?
Exterior Elevated Elements [E3]
Y N N/A
Interior Doors
Y N N/A
Entry Doors
a. Do all entry doors meet the following minimum required safety requirements:
1. Is the entry door in good working condition?
2. Does the entry door(s) have a locking latch keyed from the outside with the ability to unlock from the inside without the use of a key or special knowledge?
3. Does the entry door(s) have a dead bolt keyed from the outside with ability to unlock from the inside without the use of a key or special knowledge?
4. Are the hardware/hinges in good working condition and operate without difficulty?
5. Is the door frame and body in good condition without delamination, damaged or peeling paint?
6. On a door leading to and from a garage into the unit, does it have a selfclosing/latching device? Entry Doors
Doors and Windows
Y N N/A
a. Do all interior doors meet the following minimum required safety requirements:
1. Are all the interior doors in good working condition?
2. Privacy Locks – if the interior door is equipped with a privacy lock, is the locking mechanism working properly?
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Interior Doors (continued)
3. Are the hardware/hinges in good working condition and operate without difficulty?
4. Is the door frame and body in good condition without delamination, damaged or peeling paint?
Y N N/A
a. Do all sliding doors meet the following ?
1. Are all the slider doors in good working condition?
2. Locks – are the locks in good operating condition?
3. Are the rollers and slides of the sliding door in good working condition and able to operate without difficulty?
4. Is the door frame and body in good condition without delamination, damaged or peeling paint?
Sliding Doors
Y N N/A
Windows
a. ** Do all sleeping rooms have an emergency egress window or an exterior door that opens to a yard or other exterior space that is accessible to the public right of way?
b. * Do the emergency egress windows serving sleeping room(s) meet the minimum clear opening requirements of 24 inches in height, 20 inches in width, and a minimum clear opening area of 5.7 square feet (5.0 square feet for ground level windows)?
Y N N/A
Safety/Tempered Glass Requirement Other Than Windows
a. Is the glass in any swinging, sliding or bifold doors tempered glass? b. Is the glass in any walls along stairways and ramps tempered glass? c. Is any glass within 24 inches of a doors edge and less than 60 inches above the walking surface tempered glass?
d. Is the exposed area of any pane of glass larger than 9 square feet, bottom edge of the glass less than 18 inches above the floor, the top edge of the glass higher than 36 inches above the floor and located less than 36” measured horizontally from a walking surface tempered glass?
e. If your property is in Fire Zone 2 or 3, do all of the windows have at least one pane of tempered glass?
f. In bathrooms, is there glass located in or within 60 inches of a tub and/or shower and within 60 inches of the walking or standing surface? g. Is any glass in wall enclosures containing bathtubs, showers saunas, steam rooms or spas tempered glass?
Y N N/A
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a. ** Is the ADU located within 150 ft of the Public Right of Way curb? Fire Safety and Access:
Alarm and Fire Protection Systems
Y N N/A
Smoke Detectors
a. * Are smoke detectors installed in the following required locations:
1. In hallways or spaces outside each sleeping area, in the immediate vicinity of the bedrooms?
2. In each bedroom?
3. On every level/floor including basement?
4. Is a detector located within 3 feet of a bathroom door, forced air registers, or the tip of a ceiling fan blade? (if yes, then that detector must be moved) Carbon Monoxide
(carbon monoxide alarms are required when the dwelling has natural gas service, has a wood burning or natural gas fireplace or is directly connected to a garage or carport) a. * Does the dwelling have natural gas appliances, a wood or natural gas fireplace or is it connected to a garage or carport?
b. If the answer above is Yes, are carbon monoxide alarms installed in the following required locations:
1. On every level/floor in the immediate vicinity of each sleeping area?
2. In every sleeping room where a fuel-burning appliance is located within a bedroom or in an attached bathroom.
3. In basements?
Y N N/A
Y N N/A
a. Is an audible exterior alarm installed as required and approved by the Fire Marshal?
Y N N/A
Fire Alarm System (for properties located in Fire Zone 3 only) a. Is the unit free of any exposed electrical wiring?
b. Do all the outlets and switches have cover-plates?
c. Are the existing coverplates in good condition that are not cracked or deteriorated? Electrical
Electrical, Mechanical and Plumbing systems serving the ADU/JADU
Y N N/A
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Electrical (continued)
d. Are all electrical receptacles in the following locations GFCI (ground fault circuit interrupters ) protected?
1. In the kitchen?
2. In the bathroom(s)?
3. In the basement?
4. At the exterior outlet locations?
5. In the attic?
6. In the garage?
e. Are all three-prong receptacles grounded?
f. Is the electrical service panel readily accessible and in safe operating condition? g. Does the panel have a required dead front cover allowing only the exposure of circuit breaker handles?
h. Are any open slots in the dead front cover covered with a proper device? i. Are all circuit breakers in good and operating condition? j. Are all circuit breakers labeled with proper amperage? k. Are all circuit breakers identified and labeled to their corresponding location or equipment?
l. Is there a dedicated and separate electrical shut off for the dwelling unit? m. Is all metal piping serving the unit properly bonded? The following pipes shall be properly bonded if they are metal:
i. Gas Pipe,
ii. Hot and Cold water pipes
iii. Piping adjacent to the water heater
iv. Fire Sprinkler pipes
Y N N/A
Heating and Ventilating Mechanical Systems
a. * Does the unit have its own heating system with a thermostat or is the unit connected to a heating system that is capable of maintaining a minimum of 68 degrees Fahrenheit within any and all portions of the unit? b. Does the unit have a thermostat in good working condition? (Exceptions: For units that do not have a thermostat or controlling devices, the temperature inside the habitable spaces shall be maintained at 68 degrees Fahrenheit)
c. Do all supply and return air vents have a vent cover?
Y N N/A
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d. Does the bathroom(s) have an exhaust fan in good working condition? (Exceptions: In dwelling units built/converted prior to 2010, bathrooms with an operable window are not required to have an exhaust fan) e. Does the Kitchen have an exhaust fan in good working condition? f. Are the connections of the ducts free of screws? Yes No N/A (In other words, no screws are used to connect sections of duct together)
g. Are the exhaust ducts equipped with an approved termination with a damper in good working order?
h. Is the kitchen exhaust duct a smooth-wall type (not corrugated or flex-type)? Heating and Ventilating Mechanical Systems (continued)
Y N N/A
a. Are the built-in appliances such as ranges, ovens, refrigerators, etc in good operating condition with no missing knobs and handles?
Y N N/A
N/A
a. * Overall, is the sanitary system in good working order? b. Is all sanitary drainage piping free from leaks and properly installed? c. Does the sanitary drainage piping have the correct minimum slope of ¼ inch per foot towards the public sewer main?
d. Are there proper clean-outs installed at the following required locations:
1. Within 24 inches from exterior of building?
2. At every straight run of pipe exceeding 100 feet?
3. Is there a cleanout at each aggregate horizontal change in direction exceeding 135 degrees?
Sanitary System
Y N N/A
Built-In Appliances
Plumbing System
a. Is all existing water piping free from leaks?
Y N
Piping
Cold Water System
a. Are all plumbing fixtures able to deliver adequate amount of cold water? Y N
a. Are all plumbing fixtures required to deliver hot water able to deliver adequate amount of hot water with a minimum temperature of 110 degrees? Y N
Hot Water System
N/A
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Plumbing Fixtures
a. Are the toilets in good working order?
b. Are the toilet anchor screws tight?
c. Does the toilet’s flush valve completely shut off the flow of water into the tank? d. Are the bathroom lavatory(s) in good working order, free of leaks and rust? e. Are the lavatory faucets free of leaks and the valves and handles in good working order?
f. Is the lavatory properly set, caulked and sealed at the countertop to prevent water intrusion into walls and/or cabinets below?
g. Are bathtub and/or shower faucets and handles in good working order free of leaks and rust?
h. Is the kitchen sink in good working order, free of leaks and rust? i. Is the kitchen sink faucet free of leaks and the valves and handles in good working order?
j. Is the kitchen sink properly set, caulked and sealed at the countertop to prevent water intrusion into walls and/or cabinets below?
Y N N/A
Water Heater
a. * Is there a dedicated water heater serving the dwelling unit? b. What type of water heater is it? I.e. gas, electric, tank, tankless, heat pump, etc. c. To your knowledge, when was current water heater installed? d. If the water heater is a tank type water heater, does the water heater have state approved seismic straps installed?
1. If seismic straps are installed, is there a strap installed on the upper and lower 1/3 of the water heater and a minimum of 4” above the water heater controls?
e. Is there a drain pan under the water heater with the drain piping daylighting to the outside of the unit or garage? (A drain pan is required where damaged can occur in the event of a leak or malfunction. An Overflow Sensor may be installed in lieu of the drain piping.)
f. Is there a temperature/pressure relief valve (TPRV) for the water heater? g. Does the drainage piping from the TPRV terminate outside the unit or garage between 6 and 24 inches from grade? (Please note: The termination cannot be threaded or capped.)
Y N N/A
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Any additional information regarding the unpermitted dwelling unit you may want to provide? Once you have completed this checklist, assess whether you want to proceed. You may contact our offices for an additional confidential meeting to discuss what you have assessed and to answer any questions you may have. If you decide not to continue, please be aware of the fire and life safety issues you have discovered and it is our hope that you address these items in the near future for the safety of the occupants of the unpermitted dwelling unit. As the property owner, it is your responsibility to ensure your property meets habitability standards adopted by the City of Berkeley. By completing this form and contacting our offices in regards to your findings of unpermitted conditions you agree to defend, indemnify and hold harmless the City of Berkeley and it’s officers and employees from any and all claims arising from discovery of safety violations.
e. Regarding the Water Heater Venting:
1. Is the Water Heater properly vented?
2. Is the venting properly secured and fastened in place?
3. Is any horizontal vent pipe sloping upwards with a minimum of ¼ inch per foot?
4. Is there a minimum of three screws connecting the vent flue to the vent hood?
5. Does the vent terminate properly above the roof? (24 inches above any object within 10 feet horizontally.)
Water Heater (continued)
Y N N/A
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Fire Separation Wall Construction Assemblies
For examples of fire separation wall construction assemblies, see the GA-600 Fire Resistance and Sound Control Design Manual.
• For 1-hour exterior walls see GA File No. WP 8105.
• For 1-hour interior walls see GA File No. WP 3242, GA File No. WP 3243, GA File No. WP 3244, GA File No. WP 3245, GA File No. WP 3430, GA File No. WP 3510, Ga File No. WP 3520, FA File No. WP 3605, or GA File No. WP 3614.
• For 1-hour ceiling assemblies see GA File No. FC 5241, GA File No. FC 5242, GA File No. FC 5250, GA File No. FC 5300, GA File No. FC 5410, GA File No. FC 5420, or GA File No. FC 5503.
A hard copy of the GA-600 Fire Resistance and Sound Control Design Manual is available for reference at the City of Berkeley Permit Service Center.
Path 1: Certificate of Occupancy - Site Plan Requirements For applicants seeking the full legalization of an unpermitted dwelling unit, a building permit and construction documents must be submitted. Site plans, floor plans and other drawings are required during the permit process, as if the project were new construction. After a permit is issued, an approved final inspection is required to obtain a Certificate of Occupancy and to fully legalize the unit.
It is recommended that you retain an experienced consultant to draft plans for your unpermitted unit.
The consultant does not have to be a licensed professional as long as the structure is not structurally unusual. The plans must include the following drawings at a minimum:
1. Site Plan
2. Existing floor plan before the unpermitted unit was constructed if the unit is attached or converted.
3. New floor plan with the unpermitted unit addition, including electrical, plumbing, and mechanical systems in the same floor plan drawing or as a separate plan.
4. Reflected Ceiling Plan
5. Roof Plan
6. Building Section(s)
7. Building Elevations
8. Window and door schedules
9. Building details such as an eave details, wall details, floor details, etc.
10.Structural notes and specifications
11. Foundation Plan
12.Floor Framing Plan
13.Ceiling-Roof Framing Plan
14.Structural Details
15.Structural Calculations (by a licensed professional)
16.Setback dimensions to property lines and/or other structures on the same property. 13
Addendum/Correction Memorandum on Item 10.A, Attachment B. Municipal Code Amendments
Further revisions to Chapters 17.10, 17.32, and 17.48 (March 4, 2025 City Council Agenda Packet Page 226 to 247) were recommended by Planning Commission at the January 27, 2025 Planning Commission meeting. The following contains revisions based on Planning Commission recommendations.
Additional/revised text is bold-underlined-highlighted.
Removed text is strikeout-highlighted.
1. Page 229 of the CC Agenda Packet. In TABLE 17.10.060-1, strike footnote next to temporary use permit (TUP), as it is not applicable. TUPs are under Community Development Director approval but not Zoning Administrator, which the footnote references.
Revised Text
Designated Approving Authority
“R” symbolizes the “Recommending Body”
“F” symbolizes the “Final Decision-Making
Type of Permit or Decision Body”
Community
Development
Director
Planning
Commission City Council
Plan Check F
Similar Use Determination F
Reasonable Accommodations F
Administrative Use Permit (1) ZA/F
Temporary Use Permit (1) F
Notes:
(1) As specified in Chapter 17.12, the Zoning Administrator is the final decision maker for these permit applications.
2. Page 233 of the CC Agenda Packet. In Section 17.32.020(A), include additional text for further clarification on affordable housing calculations.
Revised Text
For projects proposing rental units, a minimum of 40 percent of the 15 percent of total units (i.e., at least 6% of total units excluding density bonus units) must be affordable to households at or below the very low income level. The remaining affordable rental units of the 15 percent must be affordable to households at or below the low income level. For projects proposing ownership units, 100 percent of the affordable units (i.e., 15 percent of total units) must be affordable to households at or below the moderate income level.
3. Page 233 of the CC Agenda Packet. In Section 17.32.020(B), included additional text to clarify SB9 projects refers to SB9 lot split projects in regards residential subdivisions that may be exempt from affordability requirements. SB9 Unit Development projects may still be subject to affordability requirements, depending on the number of units proposed (i.e., the number of units rather than the lot split would be the trigger for the requirements of the Chapter).
Revised Text
For all residential subdivisions except for SB 9 lot split projects under Chapter 17.71 (SB9 Urban Lot Split and Unit Development)…
4. Page 235 of the CC Agenda Packet. In Section 17.32.050(B)(2), included text to specify that bedrooms in affordable units shall also be comparable to the size of bedrooms in market rate units.
Revised Text
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. The square footage of the bedrooms in an affordable unit shall be no less than ninety percent (90%) of the median square footage of the bedrooms in the market rate units.
5. Page 241 of the CC Agenda Packet. In Section 17.48.050(A)(5), removed specific reference to resident and guest parking, and instead references parking in general to capture all parking requirements.
Revised Text
Where private streets are proposed for residential development, resident and guest parking shall be provided as determined by the approving authority in conjunction with the required planning entitlement(s).
6. Page 241 and 242 of the CC Agenda Packet. In Table 17.48.050-1, revised the parking requirements text for Senior Units to allow for more flexible text that adjusts to potential for State changes to definitions of transit quality related to parking requirements for housing development.
Revised Text
1 space per dwelling unit. The minimum parking requirement may be waived if affordable housing units are provided consistent with Chapter
17.32, and the project meets state requirements for transit service for the development type proposed and State provision used. and the proposed development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.
7. Page 245 of the CC Agenda Packet. In Section 17.48.100(B)(3), corrected references that had typos in section reference numbers.
Revised Text
Where a proposed driveway is located at least seventy-five (75) feet from the nearest cross street, the requirements of subsection 17.48.100.B.1 and
17.48.100.B.2 17.48.090.B.1 and 17.48.090.B.2 may be waived.
CITY COUNCIL
REPORT 9.D.
DATE: MARCH 18, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Stacy Shell, Human Resources Director, 510-741-3864, [email protected] Charlene Davis, Human Resources Analyst, 510-724-9006, [email protected] SUBJECT: ADOPT A RESOLUTION TO AMEND THE MASTER SALARY SCHEDULE
RECOMMENDATION
It is recommended that the City Council adopt a resolution (Attachment A) to amend the Master Salary Schedule.
BACKGROUND
The California Public Employees’ Retirement System (CalPERS), pursuant to their interpretation of Title 2 California Code of Regulations Section 570.5, recommends that all CalPERS employers maintain their compensation levels in one publicly available document, approved and adopted by the governing body, which must meet all the following requirements:
• Has been duly approved and adopted by the employer's governing body in accordance with the requirements of applicable public meetings laws;
• Identifies the position title for every employee position; • Shows the pay rate for each identified position, which may be stated as a single amount or as multiple amounts within a range;
• Indicates the time base, including, but not limited to, whether the time base is hourly, daily, biweekly, monthly, bi-monthly, or annually; • It is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer's internet website;
• Indicates an effective date and date of any revisions; • Is retained by the employer and available for public inspection for not less than five years; and
• Does not reference another document in lieu of disclosing the pay rate.
To comply with CalPERS’ recommendation, the City’s Master Salary Schedule is submitted to the City Council for approval in turn each time any single MOU or Salary Plan change is brought to the City Council for approval.
REVIEW AND ANALYSIS
Pursuant to Personnel Rule 12 – Compensation, employees are assigned job classifications with salary ranges adopted by the City Council.
The Master Salary Schedule (Exhibit A) includes the following previously approved wage updates:
- Resolution adopted by City Council on 02/04/2025 to approve the salary placement of the Public Workers Maintenance Assistant to the Master Salary Schedule - Ordinance adopted by Council on 10/15/2024 to amend Council Member Salaries. - Resolution adopted by City Council on 03/04/2025 for Mid-Year Budget, including classification specification title updates (IS Assistant and IS Technician) and new classification specifications (Communications Director; IT Manager).
- Under the City Manager's authority, per Personnel Rule 3.3 Approval, Amendment, and Revision of Plan, the following confidential classifications have been added to the Compensation and Benefits Plan for Management and Confidential Employees (MCP): Senior Accountant, Accountant, Accounting Specialist, and Accounting Technician.
FISCAL IMPACT
There is no fiscal impact.
ATTACHMENTS
A. Resolution
B. Master Salary Schedule Adopted
ATTACHMENT A
Resolution No. 2025-XX
A RESOLUTION OF THE CITY OF PINOLE, COUNTY OF CONTRA COSTA,
STATE OF CALIFORNIA, APPROVING THE ADOPTION OF THE AMENDED
MASTER SALARY SCHEDULE TO INCLUDE SALARY PLAN ADJUSTMENTS FOR
PREVIOUSLY APPROVED SALARY RANGE AMENDMENTS
WHEREAS, the California Public Employees’ Retirement System (CalPERS) has requested all CalPERS employers list their compensation levels on one document, approved and adopted by the governing body, in accordance with Title 2 California Code of Regulations Section 570.5, and meeting all the following requirements thereof:
• Has been duly approved and adopted by the employer’s governing body in accordance with requirements of applicable public meetings laws; • Identifies the position title for every employee position; • Shows the pay rate for each identified position, which may be stated as a single amount or as multiple amounts within a range;
• Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually; • Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer’s internet website;
• Indicates an effective date and date of any revisions; • Is retained by the employer and available for public inspection for not less than five years; and
• Does not reference another document in lieu of disclosing the pay rate.
WHEREAS, the City now desires to amend the current Master Salary Schedule to include salary plan adjustments for previously approved salary range amendments; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pinole does hereby approve the amendment of the Master Salary Schedule, attached hereto as Exhibit A, and incorporated herein by this reference.
PASSED AND ADOPTED this 18
th day of March 2025, 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 18 th day of March 2025.
____________________________
Heather Bell, CMC
City Clerk
Master Salary Schedule Adopted (Reso 2025-XX) EXHIBIT A
ELECTED
City Treasurer 3,000 ANNUALLY as of 07/01/2016
Councilmembers Elected prior to 12/2024 6,750 ANNUALLY as of 01/2017 Councilmembers Elected on or after 12/2024 11,400 ANNUALLY as of 12/2024 Management (Individual Employment Agreements) Minimum Annual Minimum Hourly Maximum Annual Maximum Hourly City Manager (effective 08/26/2024) $ - $ - $265,000.11 $ 127.4039 City Clerk (effective 07/01/2024) $ - $ - $185,398.72 $ 89.1340 Management, eff. 07/01/2024 Minimum Annual Minimum Hourly Maximum Annual Maximum Hourly Assistant City Manager $ 223,461.63 $ 107.4335 $ 271,729.35 $ 130.6391 Police Chief $ 223,461.63 $ 107.4335 $ 271,729.35 $ 130.6391 Development Services Director/City Engineer $ 212,820.55 $ 102.3176 $ 258,789.79 $ 124.4182 Community Development Director $ 193,474.20 $ 93.0164 $ 235,264.63 $ 113.1080 Finance Director $ 193,474.20 $ 93.0164 $ 235,264.63 $ 113.1080 Fire Chief $ 193,474.20 $ 93.0164 $ 235,264.63 $ 113.1080 Human Resources Director $ 193,474.20 $ 93.0164 $ 235,264.63 $ 113.1080 Public Works Director $ 193,474.20 $ 93.0164 $ 235,264.63 $ 113.1080 Police Commander $ 184,160.75 $ 88.5388 $ 223,939.48 $ 107.6632 Communications Director, eff. 03/04/2025 $ 175,790.71 $ 84.5148 $ 213,761.50 $ 102.7700 Community Services Director $ 175,790.71 $ 84.5148 $ 213,761.50 $ 102.7700 Building Official $ 167,418.87 $ 80.4898 $ 203,581.34 $ 97.8756 Fire Battalion Chief (contract for services, eff. 03/01/2023) $ 167,418.87 $ 80.4898 $ 203,581.34 $ 97.8756 Planning Manager $ 167,418.87 $ 80.4898 $ 203,581.34 $ 97.8756 Police Lieutenant $ 167,418.87 $ 80.4898 $ 203,581.34 $ 97.8756 Wastewater Treatment Plant Manager $ 167,418.87 $ 80.4898 $ 203,581.34 $ 97.8756 Capital Improvement & Environmental Program Manager $ 138,362.40 $ 66.5204 $ 168,248.68 $ 80.8888 Information Technology Manager, eff. 03/04/2025 $ 138,362.40 $ 66.5204 $ 168,248.68 $ 80.8888 Public Works Manager $ 138,362.40 $ 66.5204 $ 168,248.68 $ 80.8888 Recreation Manager $ 122,989.14 $ 59.1294 $ 149,554.80 $ 71.9013 Assistant to the City Manager $ 122,989.14 $ 59.1294 $ 149,554.80 $ 71.9013 Senior Accountant, eff. 03/18/2025 $ 108,458.90 $ 52.1437 $ 131,832.48 $ 63.3810 Accountant, eff. 03/18/2025 $ 98,598.86 $ 47.4033 $ 119,847.94 $ 57.6192 Human Resources Analyst $ 97,529.14 $ 46.8890 $ 118,595.43 $ 57.0170 Deputy City Clerk $ 93,989.64 $ 45.1873 $ 114,291.41 $ 54.9478 Human Resources Specialist $ 88,662.91 $ 42.6264 $ 107,814.10 $ 51.8337 Accounting Specialist, eff. 03/18/2025 $ 84,216.50 $ 40.4887 $ 102,366.16 $ 49.2145 Human Resources Technician $ 80,602.65 $ 38.7513 $ 98,012.82 $ 47.1215 Accounting Technician, eff. 03/18/2025 $ 66,751.15 $ 32.0919 $ 81,136.64 $ 39.0080 Bargaining Unit A
Monthly
A
Hourly
B
Monthly
B
Hourly
C
Monthly
C
Hourly
D
Monthly
D
Hourly
E
Monthly
E
Hourly
LOCAL 1230 @ 07/04/2022; Contract for services, eff.
03/01/2023
Fire Academy Recruit (EMT-1)* 5,493.53 31.6934
Fire Academy Recruit (EMT-P)* 6,397.76 36.9102
Firefighter 7,108.62 29.2938 7,464.06 30.7585 7,837.27 32.2964 8,229.14 33.9113 8,640.61 35.6069 Firefighter/Paramedic 7,819.48 32.2232 8,210.47 33.8343 8,621.00 35.5261 9,052.06 37.3024 9,504.67 39.1676 Fire Engineer 8,160.99 33.6304 8,569.05 35.3120 8,997.51 37.0776 9,447.39 38.9316 9,919.77 40.8782 Fire Captain 9,030.79 37.2148 9,482.34 39.0756 9,956.47 41.0294 10,454.30 43.0809 10,977.02 45.2350 PPEA @ 07/01/2024
Community Safety Specialist 6,193.36 35.7309 6,503.03 37.5175 6,828.19 39.3934 7,169.61 41.3631 7,528.09 43.4313 Dispatcher 7,043.34 40.6346 7,395.51 42.6664 7,765.29 44.7998 8,153.57 47.0398 8,561.25 49.3919 * Monthly rate is calculated on a 40-hour workweek.
Master Salary Schedule Adopted (Reso 2025-XX) EXHIBIT A
Bargaining Unit A
Monthly
A
Hourly
B
Monthly
B
Hourly
C
Monthly
C
Hourly
D
Monthly
D
Hourly
E
Monthly
E
Hourly
Lead Dispatcher 7,539.56 43.4974 7,916.54 45.6724 8,312.38 47.9560 8,728.01 50.3539 9,164.42 52.8716 Police Officer 8,927.81 51.5066 9,374.21 54.0820 9,842.93 56.7862 10,335.09 59.6255 10,851.86 62.6069 Police Sergeant 10,457.83 60.3336 10,980.73 63.3504 11,529.78 66.5180 12,106.28 69.8439 12,711.61 73.3362 AFSCME @ 07/01/2024
Accountant 8,216.57 47.4033 8,627.42 49.7736 9,058.80 52.2623 9,511.73 54.8754 9,987.33 57.6192 Accounting Specialist 7,018.03 40.4887 7,368.94 42.5131 7,737.41 44.6389 8,124.28 46.8708 8,530.51 49.2145 Administrative Coordinator 7,751.72 44.7215 8,139.31 46.9576 8,546.28 49.3055 8,973.60 51.7708 9,422.29 54.3593 Assistant Engineer, eff. 03/05/2024 8,865.97 51.1498 9,309.26 53.7073 9,774.73 56.3926 10,263.46 59.2123 10,776.63 62.1729 Associate Civil Engineer 9,752.52 56.2645 10,240.14 59.0777 10,752.17 62.0317 11,289.78 65.1333 11,854.28 68.3901 Associate Planner 8,216.57 47.4033 8,627.40 49.7735 9,058.78 52.2622 9,511.73 54.8754 9,987.33 57.6192 Building Inspector I 7,263.18 41.9030 7,626.34 43.9981 8,007.66 46.1980 8,408.05 48.5080 8,828.47 50.9335 Building Inspector II 8,007.64 46.1979 8,408.03 48.5079 8,828.45 50.9334 9,269.89 53.4801 9,733.39 56.1542 Cable Access Coordinator 7,751.72 44.7215 8,139.31 46.9576 8,546.28 49.3055 8,973.60 51.7708 9,422.29 54.3593 Code Enforcement Officer I 7,263.18 41.9030 7,626.34 43.9981 8,007.66 46.1980 8,408.05 48.5080 8,828.47 50.9335 Code Enforcement Officer II 8,007.64 46.1979 8,408.03 48.5079 8,828.45 50.9334 9,269.89 53.4801 9,733.39 56.1542 Environmental Compliance Inspector 7,263.18 41.9030 7,626.34 43.9981 8,007.66 46.1980 8,408.05 48.5080 8,828.47 50.9335 Information Systems Administrator 7,751.74 44.7216 8,139.33 46.9577 8,546.30 49.3056 8,973.62 51.7709 9,422.32 54.3596 Information Systems Specialist 7,424.01 42.8308 7,795.24 44.9725 8,185.01 47.2212 8,594.27 49.5823 9,023.99 52.0615 Junior Engineer, eff. 03/05/2024 8,059.98 46.4999 8,462.96 48.8248 8,886.12 51.2661 9,330.42 53.8294 9,796.93 56.5208 Laboratory Analyst I 8,388.44 48.3948 8,807.87 50.8146 9,248.26 53.3553 9,710.69 56.0232 10,196.23 58.8244 Laboratory Analyst II 9,248.26 53.3553 9,710.68 56.0231 10,196.23 58.8244 10,706.06 61.7657 11,241.36 64.8540 Laboratory Supervisor 10,510.68 60.6386 11,036.23 63.6706 11,588.06 66.8542 12,167.48 70.1970 12,775.86 73.7069 Management Analyst 8,207.23 47.3494 8,617.59 49.7169 9,048.49 52.2028 9,500.92 54.8130 9,975.98 57.5537 Police Services Supervisor 7,556.33 43.5942 7,934.15 45.7739 8,330.86 48.0627 8,747.42 50.4659 9,184.80 52.9892 PW Maintenance Supervisor 8,463.81 48.8297 8,887.00 51.2712 9,331.36 53.8348 9,797.94 56.5266 10,287.85 59.3530 Public Works Specialist 7,301.56 42.1244 7,666.65 44.2307 8,049.99 46.4422 8,452.49 48.7644 8,875.12 51.2026 Recreation Coordinator* 6,066.82 35.0009 6,370.17 36.7510 6,688.69 38.5886 7,023.14 40.5181 7,374.29 42.5440 Rental Inspector 7,263.20 41.9031 7,626.36 43.9982 8,007.68 46.1982 8,408.07 48.5081 8,828.49 50.9336 Project Manager 7,097.75 40.9485 7,452.64 42.9960 7,825.29 45.1459 8,216.55 47.4032 8,627.40 49.7735 Senior Accountant 9,038.25 52.1437 9,490.16 54.7509 9,964.65 57.4884 10,462.89 60.3628 10,986.05 63.3810 * Monthly rate is calculated on a 40-hour workweek.
Master Salary Schedule Adopted (Reso 2025-XX) EXHIBIT A
Bargaining Unit A
Monthly
A
Hourly
B
Monthly
B
Hourly
C
Monthly
C
Hourly
D
Monthly
D
Hourly
E
Monthly
E
Hourly
Senior Project Manager 8,216.57 47.4033 8,627.40 49.7735 9,058.80 52.2623 9,511.73 54.8754 9,987.33 57.6192 WWTP Operations Supervisor 10,510.68 60.6386 11,036.23 63.6706 11,588.06 66.8542 12,167.48 70.1970 12,775.86 73.7069 WPCP Supervisor 7,989.51 46.0933 8,389.00 48.3981 8,808.44 50.8179 9,248.89 53.3590 9,711.34 56.0270 LOCAL 1 @ 07/01/2024
Accounting Assistant I 3,450.04 19.9041 3,622.55 20.8993 3,803.68 21.9443 3,993.87 23.0415 4,193.56 24.1936 Accounting Assistant II 3,733.43 21.5390 3,920.11 22.6160 4,116.12 23.7468 4,321.93 24.9342 4,538.03 26.1809 Accounting Technician 5,562.59 32.0919 5,840.73 33.6965 6,132.77 35.3814 6,439.41 37.1505 6,761.39 39.0080 Administrative Assistant 6,179.00 35.6481 6,487.96 37.4305 6,812.36 39.3021 7,152.99 41.2672 7,510.64 43.3306 Cable Access Technician 6,272.78 36.1891 6,586.43 37.9986 6,915.76 39.8986 7,261.55 41.8936 7,624.64 43.9883 Cook* 3,648.74 21.0504 3,831.18 22.1029 4,022.74 23.2081 4,223.88 24.3685 4,435.08 25.5870 Community Service Officer 6,072.10 35.0313 6,375.71 36.7829 6,694.50 38.6221 7,029.24 40.5533 7,380.70 42.5810 Custodian 3,261.46 18.8161 3,424.54 19.7569 3,595.77 20.7448 3,775.56 21.7821 3,964.34 22.8712 Field Maintenance Mechanic 5,946.12 34.3046 6,243.43 36.0198 6,555.61 37.8208 6,883.40 39.7119 7,227.58 41.6976 Fleet Maintenance Mechanic 6,746.15 38.9201 7,083.46 40.8661 7,437.65 42.9095 7,809.54 45.0550 8,200.02 47.3078 Food Services Specialist, eff. 01/16/2024 5,002.54 28.8608 5,252.67 30.3039 5,515.31 31.8191 5,791.08 33.4101 6,080.64 35.0806 Information Systems Assistant (formerly IS Technician I) 3,514.21 20.2743 3,689.93 21.2880 3,874.43 22.3525 4,068.15 23.4701 4,271.56 24.6436 Information Systems Technician (formerly IS Technician II) 6,388.23 36.8552 6,707.64 38.6979 7,043.03 40.6329 7,395.19 42.6646 7,764.96 44.7978 Laboratory Technician I 6,653.76 38.3871 6,986.46 40.3065 7,335.79 42.3219 7,702.59 44.4380 8,087.72 46.6599 Laboratory Technician II 7,335.77 42.3217 7,702.57 44.4379 8,087.70 46.6598 8,492.10 48.9929 8,916.71 51.4426 Lead Records & Property Specialist 5,745.15 33.1451 6,032.42 34.8024 6,334.04 36.5426 6,650.75 38.3697 6,983.30 40.2883 Office Assistant 4,899.64 28.2672 5,144.63 29.6806 5,401.87 31.1646 5,671.97 32.7229 5,955.57 34.3591 Permit Technician I 5,815.58 33.5514 6,106.37 35.2290 6,411.69 36.9905 6,732.28 38.8401 7,068.90 40.7821 Permit Technician II 6,411.68 36.9904 6,732.27 38.8400 7,068.89 40.7820 7,422.34 42.8212 7,793.46 44.9623 Permit Technician III 7,068.87 40.7819 7,422.32 42.8211 7,793.44 44.9622 8,183.12 47.2103 8,592.29 49.5709 Police Property Specialist 6,377.70 36.7944 6,696.59 38.6342 7,031.43 40.5659 7,383.01 42.5943 7,752.16 44.7240 Police Records Specialist 5,211.80 30.0681 5,472.39 31.5715 5,746.02 33.1501 6,033.32 34.8076 6,335.00 36.5481 PW Maintenance Worker Assistant eff.02/04/2025 4,731.70 27.2983 4,968.29 28.6632 5,216.70 30.0964 5,477.54 31.6012 5,751.41 33.1812 PW Maintenance Worker 5,477.52 31.6011 5,751.40 33.1812 6,038.98 34.8403 6,340.93 36.5823 6,657.99 38.4115 PW Senior Maintenance Worker 5,947.86 34.3146 6,245.26 36.0304 6,557.53 37.8319 6,885.41 39.7235 7,229.69 41.7098 Recreation Activities Specialist* 5,001.82 28.8567 5,251.92 30.2995 5,514.52 31.8145 5,790.25 33.4053 6,079.77 35.0756 Wastewater Operator in Training 5,890.68 33.9847 6,185.22 35.6840 6,494.49 37.4682 6,819.22 39.3417 7,160.19 41.3088 Wastewater Operator 8,165.98 47.1114 8,574.29 49.4671 9,003.01 51.9405 9,453.17 54.5375 9,925.84 57.2645 * Monthly rate is calculated on a 40-hour workweek.
Master Salary Schedule Adopted (Reso 2025-XX) EXHIBIT A
Bargaining Unit A
Monthly
A
Hourly
B
Monthly
B
Hourly
C
Monthly
C
Hourly
D
Monthly
D
Hourly
E
Monthly
E
Hourly
Wastewater Senior Operator 9,199.07 53.0716 9,659.04 55.7252 10,142.00 58.5115 10,649.11 61.4372 11,181.57 64.5091 Wastewater Maintenance Mechanic 6,886.41 39.7293 7,230.74 41.7158 7,592.28 43.8016 7,971.90 45.9917 8,370.51 48.2914 Wastewater Sr. Maintenance Mechanic 8,133.06 46.9215 8,539.72 49.2676 8,966.72 51.7311 9,415.06 54.3177 9,885.83 57.0336 TRAINEE - BENEFITTED @ 07/01/2024
Police Officer Trainee* 7,380.70 42.5810
NON-BENEFITTED PART TIME @ 01/01/2025
Information Systems Technician 16.5000 17.3250 18.1913 19.1009 20.0560 Fire Reserves @ 01/01/2025
Reserve Fire Captain 16.5000
Reserve Fire Engineer 16.5000
Reserve Firefighter 16.5000
Interns @ 01/01/2025
Intern 16.5000 17.5000 18.5000 19.5000 20.5000
Police @ 01/01/2025
Crossing Guard 16.5000
Community Services Department @ 01/01/2025
Cable Equipment Operator I 16.5000 17.3250 18.1913 19.1009 20.0560 Cable Equipment Operator II 19.1009 20.0560 21.0588 22.1117 23.2173 Recreation Leader 16.5000 17.3250 18.1913 19.1009 20.0560 Senior Recreation Leader 19.1009 20.0560 21.0588 22.1117 23.2173 Rental Facility Custodian 16.5000 17.3250 18.1913 19.1009 20.0560 Rental Facility Senior Custodian 19.1009 20.0560 21.0588 22.1117 23.2173 Administration - 05/03/17
Records Management Administrator 60.0000
CONTRACT-Part Time
Public Works @ 07/01/05
Park Caretaker 20.7000
* Monthly rate is calculated on a 40-hour workweek.
CITY COUNCIL
REPORT 9.E.
DATE: MARCH 18, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: David Hanham, Planning Manager, 510-724-9842, [email protected] Justin Shiu, Consultant Planner, 510-724-9035, [email protected] SUBJECT: RECEIVE AND FILE ANNUAL PROGRESS REPORT ON HOUSING
ELEMENT IMPLEMENTATION
RECOMMENDATION
Staff recommends that the City Council receive and file the 2024 Annual General Plan Housing Element Progress Report (Attachment A) to submit to the California Department of Housing and Community Development (“HCD”).
BACKGROUND
Section 65400 of the State of California Government Code requires cities to provide an annual report to their legislative body (city council), the Governor’s Office of Planning and Research (OPR), and the State Department of Housing and Community Development (HCD) on the status of their General Plan Housing Element and progress in its implementation. The General Plan Housing Element Annual Report includes information about a City’s progress in meeting identified housing needs and efforts to encourage the maintenance, improvement, and development of new housing opportunities. Staff forwards this 2024 Annual General Plan Housing Element Progress Report to HCD prior to the April 1st deadline in accordance with State law.
Every eight years each jurisdiction in California is required to update their Housing Element.
The Housing Element is a required component of the General Plan and identifies policies, programs, and actions to create opportunities for the development of new housing and to preserve existing housing stock. State law does not require that jurisdictions develop housing, but rather requires them to adequately plan to meet the existing and projected housing needs of all economic segments of their community.
State Housing Element law focuses on both the production and geographic distribution of new housing units and requires that each municipality strive to meet their “fair share” of the regional need for low- and moderate-income housing. To create a Housing Element showing it can meet the local housing needs, a jurisdiction must first know how much housing it must plan for and estimate how much will be needed at a variety of affordability levels in order to match the needs of the people who will live there. This process begins with the State determining the total number of new homes needed in the nine-county Bay Area and how affordable those homes need to be based on Area Median Income, which is established on an annual basis.
For reference, in 2024, the Area Median Income for Contra Costa County was $155,700 for a 4-person household.
The Association of Bay Area Governments (ABAG) then develops a methodology to distribute a share of the region’s housing need to each city/town and county in the region. This need allocation is called the Regional Housing Needs Allocation (RHNA). Each local government must then update its Housing Element to show the locations where housing can be built and the policies and strategies necessary to meet the community’s housing needs, including identifying sites that are zoned with enough capacity to meet the RHNA allocation. The process is complete once the State reviews and certifies local Housing Elements.
The City of Pinole 2023-2031 Housing Element was adopted on April 4, 2023 and certified June 6, 2023. The Housing Element covers the years 2023 through 2031 and includes information about how the City has planned for a RHNA of 500 units of various income levels during the eight-year period. The Element focuses on the City’s ability to accommodate projected housing need, provide housing opportunity to meet needs of all income levels and special needs, remove governmental constraints, maintain the housing stock, affirmatively further fair housing, and increase housing education and outreach.
REVIEW AND ANALYSIS
The City of Pinole Annual General Plan Housing Element Progress Report for 2024 is included as Attachment 1. The report includes statistics about annual building activity for affordable housing projects, annual building activity for rehabilitated housing units, updated information about the City’s RHNA progress, and implementation status of the programs included in the adopted Housing Element.
Housing Activity in 2024. Accessory dwelling units (ADUs) were the contributors to new building permits issued in 2024, with permits for construction of nine units. This was comparable to the nine ADUs/JADUs permitted in 2023. The total number of units issued permits was lower than the 47 units issued permits in 2023, which included the 33-unit SAHA project, a 4-unit multifamily rehabilitation project, and a single family home. A number of major development projects with permits issued in previous years continued to make progress towards completion. These include the Vista Woods project (179 senior units) and the SAHA project, with construction for both anticipated to be completed in 2025. Other multifamily housing projects that have received entitlements are also in various stages in obtaining permits needed for construction. Table 1 provides a summary of these projects. The City anticipates further new housing development progress towards the RHNA in 2025 and beyond as entitled projects receive building permits and are built out (see Table 2).
Table 1 – Summary of Housing Permit Issuance Activity in 2024 Location Housing Current Status in 2024
Type
Number
of New
Units Planning
Permit
Approved
Building Permit
Issued
Construction
Completed,
Occupancy Granted
961
Barkley
Ct
ADU/JADU 1 ●
1090 ADU/JADU 1 ●
Amend St
2309
Estrella
Ct
ADU/JADU 1 ●
651 Fern
Ave
ADU/JADU 1 ●
941
Marlesta
Rd
ADU/JADU 1 ●
3381
Pinole
Valley Rd
ADU/JADU 1 ● ●
3361
Diablo Cir
ADU/JADU 1 ●
910
Patrick Dr
ADU/JADU 1 ●
2144 Blue
Jay Cir
ADU/JADU 1 ● ●
TOTAL 9
Housing Rehabilitation. City staff continues to assist homeowners and provide information at City Hall on rehabilitation assistance resources. In 2024, the City issued and conducted final building inspections for 584 permits to rehabilitate housing units (222 were issued and received finals in the same year). Improvements include roofing projects, water heater replacement projects, furnace replacement projects, solar projects, window/patio door replacement projects, and home remodel/addition projects.
Pipeline Projects. In 2024, progress continues on five large development projects, which are various stages of permitting and are expected to produce an approximate 618 additional units over the next several years (see Table 2). There is an affordability component to each of these “pipeline” projects, either due to the nature of the project as a 100% affordable development, or the project’s compliance with the City’s inclusionary housing requirement.
Table 2 – Major Development Projects in “Pipeline”
Pipeline Affordability Total
Projects
Stage
Very
Low
Low Moderate Above
Mod.
Total
811 San Pablo
(SAHA
Veteran’s
Apartments)
Under
Construction
28 5 0 0 33
600 Roble
(Vista Woods
Senior
Apartments)
Under
Construction
7 135 37 0 179
2151 Appian
(Appian Village
Condominiums)
Building
Permit
Under
Review
0 8 23 123 154
2801 Pinole
Valley
(Apartments)
Grading
Permit
Under
Review
2 2 0 25 29
1500 Fitzgerald
(Apartments)
Entitled
October
2022,
extended
August 2024
13 14 0 196 223
TOTAL Estimate Pipeline
Units
50 164 60 344 618
Housing Program Implementation
Table D in the attached Annual Progress Report highlights the City's ongoing efforts to facilitate housing production, streamline permitting, and support affordable housing initiatives.
Some key achievements include progress in Program 4 (Facilitate ADU Production), where the City exceeded its annual target of five ADUs per year by almost double, with nine ADU permits issued in 2024. An ADU ordinance update is expected for adoption by April 2025, along with the newly created ADU Amnesty program. Additionally, the ADU Fast Track program is in development, pre-approved ADU program is now in place, and a biennial review of ADU geographic distribution is planned.
The SB 9 Technical Assistance and Facilitation (Program 5) work was carried out independently to support lot splits and streamlined development. The program’s goal includes adopting zoning amendments and objective design standards by Q2 2025, making a lot split application available by Q1 2024, and facilitating 10 SB 9 applications over the 8-year planning period. To date, the City has received five SB 9 applications, and zoning code amendments have been prepared, with adoption expected before April 2025. A checklist is available online to assist applicants, and the lot split application process was incorporated into the online permitting system. Separately, the new online permitting system officially launched in July 2024, improving efficiency across multiple permitting programs.
Efforts to support mixed-use and affordable housing development have also advanced. In Program 6 (Incentives for Mixed-Use Developments), zoning amendments for park fee waivers and parking reductions have been prepared, and CEQA clearance is under review. While no major mixed-use projects were received in 2024, the City remains prepared to facilitate entitlements. In Program 7 (Development of the Housing Successor’s Low and Moderate
Income Housing Asset Fund Policy), the 15% inclusionary unit requirement has been maintained, and the housing fund policy guide, in-lieu fee alternative, and funding sources are in progress with assistance from the City's new Housing Fellow, with completion expected by April 2026. Under Program 8 (Affordable Housing Incentives), a priority and expedited review process to cut review times by 50% has been prepared, with zoning amendments—including a park fee waiver—set for adoption by April 2025.
The City has also made key strides in zoning amendments and permit streamlining efforts. In Program 12 (Zoning Amendments), a partial set of zoning amendments was adopted in 2024, with the remaining updates expected before April 2025. In Program 13 (SB 330 Objective Design Standards and SB 35 Streamlining Compliance), objective design standards have been drafted for adoption in 2025, and approval procedures for SB 35 have been reviewed. While no SB 35 applications were received in 2024, information on the program will be added to the City's website. In Program 14 (Fee Evaluation and Publicization), the fee review process was completed, and the updated fee schedule was adopted, with ongoing evaluations continuing through 2029. In Program 15 (Permit Streamlining), zoning code amendments are expected to be adopted before April 2025, further enhancing the permitting process.
The City remains committed to housing rehabilitation efforts through multiple initiatives. Under Program 16 (Rehabilitation Assistance), the City continues to provide information on available programs, including the Pinole Energy Enhancement Rebate Program (PEER), which launched in partnership with the County in January 2024 and processed 27 applications in its first year. With support from the Housing Fellow, the City is actively exploring local, state, and federal funding opportunities to reinstate its own rehabilitation program.
Additionally, in collaboration with the Richmond Community Foundation and the Northern California Land Trust, the Housing Fellow is exploring the issuance of Social Impact Bonds to acquire and rehabilitate abandoned homes. These homes would then be resold to first-time homebuyers, expanding access to homeownership while addressing blight and revitalizing neighborhoods.
FISCAL IMPACT
There is no fiscal impact from receiving the annual report. Individual programs and projects designed to implement the Housing Element goals and objectives are funded through individual programs and project accounts in the City’s budget and Capital Improvement Plan.
ATTACHMENTS
A. 2024 APR
Jurisdiction Pinole
Reporting Year 2024
Housing Element Planning Period 6th Cycle
Current Year
Deed
Restricted 0
Non-Deed
Restricted 0
Deed
Restricted 0
Non-Deed
Restricted 0
Deed
Restricted 0
Non-Deed
Restricted 0
9 9
Units by Structure Type Entitled Permitted Completed
Single-family Attached 0 0 0
Single-family Detached 1 0 1
2 to 4 units per structure 0 0 4
5+ units per structure 0 0 0
Accessory Dwelling Unit 9 9 5
Mobile/Manufactured Home 0 0 0
Total 10 9 10
Infill Housing Developments and Infill Units Permitted # of Projects Units 99 00
10 10
10 0
0 0
Income Rental Ownership Total
Very Low 00 0
Low 00 0
Moderate 00 0
Above Moderate 00 0
Total 0 0 0
Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zone 00
SB 9 (2021) - Residential Lot Split 00
AB 2011 (2022) 00
SB 6 (2022) 00
SB 423 (2023) 00
Ministerial and Discretionary Applications # of Units
Ministerial 10 10
Discretionary 00
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 0 Number of Units in Applications Submitted Requesting a Density Bonus 0 Number of Projects Permitted with a Density Bonus 0
Number of Units in Projects Permitted with a Density Bonus 0 Housing Element Programs Implemented and Sites Rezoned Count 23 0
Programs Implemented
Sites Rezoned to Accommodate the RHNA
(Jan. 1 - Dec. 31)
01/31/2023 - 01/31/2031
Units Constructed - SB 423 Streamlining Permits
Number of SB 423 Streamlining Applications Approved
Very Low
Low
Moderate
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 423 Streamlining Provisions - Applications
Note: Units serving extremely low-income households are included in the very low-income Number of SB 423 Streamlining Applications
Above Moderate
Indicated as Infill
Not Indicated as Infill
Building Permits Issued by Affordability Summary
Income Level
Attachment
Jurisdiction Pinole ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2024
(Jan. 1 - Dec.
31) Housing Element Implementation
Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 34 6 78 9
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=RenterO=Owner
Date
Application
Submitted
(see
instructions)
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total
PROPOSED
Units by
Project
Total
APPROVED
Units by
project
Total
DISAPPROVE
D Units by
Project
Please select
state
streamlining
provision/s the
application was
submitted
pursuant to.
Did the
housing
development
application
seek
incentives or
concessions
pursuant to
Government
Code section
65915?
Summary Row: Start Data Entry Below 0 0 0 0 0 0 10 10 10 0 403-361-010 961 Barkley Ct 961 Barkley Ct ADU BP22-0272 ADU O 1/31/2024 1 1 1 NONE No 403-361-068 1090 Amend St 1090 Amend St ADU BP23-0039 ADU O 2/15/2024 1 1 1 NONE No 360-031-033 2309 Estrella Ct 2309 Estrella Ct ADU BP23-0057 ADU O 3/19/2024 1 1 1 NONE No401-093-007 651 Fern Ave 651 Fern Ave ADU BP23-0068 ADU O 7/24/2024 1 1 1 NONE No 403-264-013 941 Marlesta Rd 941 Marlesta Rd ADU BP23-0265 ADU O 2/27/2024 1 1 1 NONE No 360-091-019 3381 Pinole Valley Rd 3381 Pinole Valley RD Unit A BP23-0269 ADU O 1/11/2024 1 1 1 NONE No 360-351-015 3361 Diablo Cir 3361 Diablo Cir ADU BP23-0294 ADU O 2/13/2024 1 1 1 NONE No 402-156-002 910 Patrick Dr 910 Patrick Dr ADU BP24-0029 ADU O 8/5/2024 1 1 1 NONE No430-432-019 2144 Blue Jay Cir 2144 Blue Jay Cir ADU BP24-0041 ADU R 5/2/2024 1 1 1 NONE No 360-193-009 Wright Ave and
Victor Ave
Wright Ave and
Victor Ave
Residence
MISC24-12
SFD O
11/4/2024
1 1 1 SB 9 (2021) -
Duplex in SF
Zone
No
00000000000000000000000
Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bo Applica 10 Housing Development Applications Submitted
Table A2
23 56
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to 4,5+,ADU,MH)
Tenure
R=RenterO=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Entitlement
Date Approved
# of Units
issued
Entitlements
Summary Row: Start Data Entry Below 0 0 0 0 0 0 10 10
403-361-010 961 Barkley Ct 961 Barkley Ct ADU BP22-0272 ADU O 1 1/31/2024 1403-361-068 1090 Amend St 1090 Amend St ADU BP23-0039 ADU O 1 2/15/2024 1 360-031-033 2309 Estrella Ct 2309 Estrella Ct ADU BP23-0057 ADU O 1 3/19/2024 1401-093-007 651 Fern Ave 651 Fern Ave ADU BP23-0068 ADU O 1 7/24/2024 1403-264-013 941 Marlesta Rd 941 Marlesta Rd ADU BP23-0265 ADU O 1 2/27/2024 1360-091-019 3381 Pinole Valley Rd 3381 Pinole Valley RD Unit A BP23-0269 ADU O 1 1/11/2024 1 360-351-015 3361 Diablo Cir 3361 Diablo Cir ADU BP23-0294 ADU O 1 2/13/2024 1402-156-002 910 Patrick Dr 910 Patrick Dr ADU BP24-0029 ADU O 1 8/5/2024 1430-432-019 2144 Blue Jay Cir 2144 Blue Jay Cir BP24-0041 ADU O 1 5/2/2024 1403-500-020 472 Limerick Rd 472 Limerick Rd SFR BP21-0061 SFD O 0 403-500-020 472 Limerick Rd 472 Limerick Rd ADU BP21-0061 ADU O 0 360-561-012 2467 Hill View Ln 2467 Hill View Ln Unit A JADU BP23-0208 ADU O 0 403-351-002 975 Kilkenny Way 975 Kilkenny Way JADU BP23-0084 ADU O 0 401-142-011 612 Tennent Ave 612 Tennent Ave BP22-0268 2 to 4 R 0360-193-009 Wright Ave and Victor Ave
Wright Ave and
Victor Ave
Residence
MISC24-12 SFD O 1 11/4/2024
10 1 4
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 89 Current APN Street Address Project Name+
Very LowIncome
Deed
Restricted
Very LowIncome Non
Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Building
Permits Date
Issued
# of Units Issued
Building Permits
0 000 0 0 9 9
403-361-010 961 Barkley Ct 961 Barkley Ct ADU 1 1/31/2024 1403-361-068 1090 Amend St 1090 Amend St ADU 1 2/15/2024 1360-031-033 2309 Estrella Ct 2309 Estrella Ct ADU 1 3/19/2024 1401-093-007 651 Fern Ave 651 Fern Ave ADU 1 7/24/2024 1403-264-013 941 Marlesta Rd 941 Marlesta Rd ADU 1 2/27/2024 1360-091-019 3381 Pinole Valley Rd 3381 Pinole Valley RD Unit A 1 1/11/2024 1360-351-015 3361 Diablo Cir 3361 Diablo Cir ADU 1 2/13/2024 1402-156-002 910 Patrick Dr 910 Patrick Dr ADU 1 8/5/2024 1430-432-019 2144 Blue Jay Cir 2144 Blue Jay Cir 1 5/2/2024 1403-500-020 472 Limerick Rd 472 Limerick Rd SFR 0403-500-020 472 Limerick Rd 472 Limerick Rd ADU 0360-561-012 2467 Hill View Ln 2467 Hill View Ln Unit A JADU 0403-351-002 975 Kilkenny Way 975 Kilkenny Way JADU 0 401-142-011 612 Tennent Ave 612 Tennent Ave 0360-193-009 Wright Ave and Victor Ave
Wright Ave and Victor
Ave Residence 0
0 7
Project Identifier Affordability by Household Incomes - Building Permits
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 11 12
Current APN Street Address Project Name+
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms
of readiness
0 0 0 0 1 0 9 10
403-361-010 961 Barkley Ct 961 Barkley Ct ADU 0403-361-068 1090 Amend St 1090 Amend St ADU 0360-031-033 2309 Estrella Ct 2309 Estrella Ct ADU 0401-093-007 651 Fern Ave 651 Fern Ave ADU 0403-264-013 941 Marlesta Rd 941 Marlesta Rd ADU 0360-091-019 3381 Pinole Valley Rd 3381 Pinole Valley RD Unit A 1 10/22/2024 1 360-351-015 3361 Diablo Cir 3361 Diablo Cir ADU 0402-156-002 910 Patrick Dr 910 Patrick Dr ADU 0430-432-019 2144 Blue Jay Cir 2144 Blue Jay Cir 1 10/15/2024 1403-500-020 472 Limerick Rd 472 Limerick Rd SFR 1 1/2/2024 1403-500-020 472 Limerick Rd 472 Limerick Rd ADU 1 1/2/2024 1360-561-012 2467 Hill View Ln 2467 Hill View Ln Unit A JADU 1 2/12/2024 1 403-351-002 975 Kilkenny Way 975 Kilkenny Way JADU 1 4/1/2024 1401-142-011 612 Tennent Ave 612 Tennent Ave 1 3 9/11/2024 4360-193-009 Wright Ave and Victor Ave
Wright Ave and
Victor Ave Residence 0
0 Affordability by Household Incomes - Certificates of Occupancy 10 Project Identifier
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Streamlining Infill
Housing without
Financial Assistance or
Deed Restrictions
Term of
Affordability or
Deed Restriction
13 14 15 16 17 18 19 20 21 22 23 24
Current APN Street Address Project Name+
How many of
the units
were
Extremely
Low Income?
Please select
the state
streamlining
provision the
project was
APPROVED
pursuant to.
(may select
multiple)
Infill Units?
Y/N+
Assistance
Programs for Each
Development
(may select
multiple - see
instructions)
Deed Restriction
Type
(may select
multiple - see
instructions)
For units affordable
without financial
assistance or deed
restrictions, explain how
the locality determined
the units were affordable
(see instructions)
Term of Affordability
or Deed Restriction
(years) (if affordable
in perpetuity enter
1000)+
Number of
Demolished/Destro
yed Units
Demolished
or Destroyed
Units
Demolished/
Destroyed
Units
Owner or
Renter
Total Density Bonus
Applied to the Project
(Percentage Increase in
Total Allowable Units or
Total Maximum
Allowable Residential
Gross Floor Area)
Number of Other
Incentives,
Concessions,
Waivers, or Other
Modifications
Given to the Project
(Excluding Parking Waivers or Parking
Reductions)
List the
incentives,
concessions,
waivers, and
modifications
(Excluding
Parking Waivers
or Parking
Modifications)
Did the project
receive a reduction
or waiver of parking
standards? (Y/N)
0 2
403-361-010 961 Barkley Ct 961 Barkley Ct ADU NONE Y403-361-068 1090 Amend St 1090 Amend St ADU NONE Y360-031-033 2309 Estrella Ct 2309 Estrella Ct ADU NONE Y401-093-007 651 Fern Ave 651 Fern Ave ADU NONE Y403-264-013 941 Marlesta Rd 941 Marlesta Rd ADU NONE Y360-091-019 3381 Pinole Valley Rd 3381 Pinole Valley RD Unit A NONE Y 360-351-015 3361 Diablo Cir 3361 Diablo Cir ADU NONE Y402-156-002 910 Patrick Dr 910 Patrick Dr ADU NONE Y430-432-019 2144 Blue Jay Cir 2144 Blue Jay Cir NONE Y403-500-020 472 Limerick Rd 472 Limerick Rd SFR NONE Y403-500-020 472 Limerick Rd 472 Limerick Rd ADU NONE Y 360-561-012 2467 Hill View Ln 2467 Hill View Ln Unit A JADU NONE Y403-351-002 975 Kilkenny Way 975 Kilkenny Way JADU NONE Y 401-142-011 612 Tennent Ave 612 Tennent Ave NONE Y INC 55 2 Demolished R360-193-009 Wright Ave and Victor Ave
Wright Ave and
Victor Ave Residence NONE Y
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units Density Bonus
Jurisdiction Pinole ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2024 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 01/31/2023 - 01/31/2031 1 Projection
Period 34
RHNA Allocation
by Income Level
Projection
Period -
06/30/2022-
01/30/2023
2023 2024 2025 2026 2027 2028 2029 2030 2031
Total Units
to Date (all
years)
Total Remaining
RHNA by
Income Level
Deed Restricted - 26 - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - 7 - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - 1 - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Above Moderate 223 3 13 9 - - - - - - - 25 198
500
3 47 9 - - - - - - - 59 441
5 67
Extremely lowIncome Need 2023 2024 2025 2026 2027 2028 2029 2030 2031 Total Units to Date Total Units Remaining 61 - - - - - - - - - - 61
VLI Deed RestrictedVLI Non Deed Restricted
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 86 26
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs. 1 Moderate
121
69 87
Please contact HCD if your data is different than the material supplied here 7 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
95 62
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.Total RHNATotal Units Income Level
Very LowLowExtremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1).*Extremely low-income housing need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).
Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data.
Jurisdiction Pinole ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2024
(Jan. 1 - Dec.
31) Housing Element Implementation
Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Date of
Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of
Rezone
Very LowIncome Low-Income Moderate- Income Above Moderate- Income Rezone Type Parcel Size (Acres) General Plan Designation Zoning Minimum Density Allowed Maximum Density Allowed Realistic Capacity Vacant/Nonvacant Description of Existing Uses Note: "+" indicates an optional fieldCells in grey contain auto-calculation formulas Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
Jurisdiction Pinole
Reporting Year 2024 (Jan. 1 - Dec. 31)
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Provision of Adequate
Sites and Site Inventory
Monitoring (Program 1)
Provide adequate sites to accommodate
the City’s entire RHNA allocation of 500
units, including the 83 units not met
with pending projects or projected
ADUs. No net loss of capacity below the
RHNA requirement during the planning
period.
Mid-cycle review by Q1
2027. Identification of
additional sites or
programs by Q3 2027.
Housing Element adopted in 2023. No change in site inventory or pending projects resulting in loss of capacity below RHNA requirement. Annual review of surplus parcels conducted. Additional opportunities sites list maintained; no change resulting from loss of capacity requiring use of the list.
Publicize and Promote
Residential Sites
Inventory (Program 2)
Maintain accurate and publicly available
residential site inventory throughout the
planning period. Outreach with 100
percent of RHNA site owners twice
during the planning period.
Webpage for sites by
October 2023; update
annually or as needed.
Contact RHNA site owners
twice during the planning
period, including once by
October 2024.
Webpage with site inventory published. Site inventory remains current. Held discussions with some RHNA site owners and affordable housing developers; more extensive outreach to be conducted in 2025.
Outreach to Developers
and Technical Assistance
to Applicants (Program 3)
Technical assistance to all affordable
housing applicants. Make the
comprehensive coordinated review with
all city departments standard operating
procedure for all residential
developments. Annual review of
available funding sources and contact
to other agencies and developers.
Develop comprehensive
coordinated review
procedures by April 2024.
Create developer interest
list by October 2023.
Annually contact
affordable housing
builders annually with
information about sites.
Annual outreach to public
agencies and community
and faith-based
organizations for funding
and partnership
opportunities
Initial comprehensive coordinated review procedures were formulated and preapplication planning meetings continue to be available by request. However, no major residential development project applications were received in 2024.
Developer interest list created. Outreach to developers and public agencies in progress and to continue. Annual review of fundings sources evaluated. Faithbased organizations contacted.
Facilitate ADU Production
(Program 4) 5 ADUs per year
Annually review ADU
strategy; additional
program of identification
of site within 6 months if
not matching estimates.
Adopt amnesty program
and fast track program by
April 2025. Review ADU
geographic distribution
biennially.
9 building permits were issued for ADUs in 2024. The ADU ordinance update was prepared, with adoption expected before April 2025. The City continues to track ADU production. Iniital ADU Fast Track program formulated; pre-approved ADU program implemented. Created ADU Amnesty program and expected adoption by April 2025. Geographic distribution to be reviewed.
SB 9 Technical Assistance
and Facilitation (Program
5)
10 SB 9 applications
Zoning amendments and
objective design
standards by Q2 2025. Lot
split form by Q1 2024.
Zoning code amendments prepared for SB 9 with adoption expected before April 2025. Checklist provided online. Lot split application incorporated into online permitting system in 2024. Five SB 9 applications have been received.
Incentives for Mixed-Use
Developments (Program 6)
Amended zoning ordinance with
adopted incentives. Entitlement of three
mixed-use projects using one or more
of the available incentives.
Adopt incentives by April
2026. Begin review of
environmental documents
by 2026 and complete by
2029.
Zoning code amendments for park fee waiver and parking reductions prepared and adoption expected before April 2025. CEQA clearance process under consideration. Priority development project review and processing formulated, however no major development projects were received in 2024.
Development of Housing
Successor’s Low and
Moderate Income Housing
Asset Fund Policy
(Program 7)
Create a housing fund policy guide,
create in-lieu fee alternative and funding
source. For applicable development
projects, maintain a minimum
requirement of 15 percent inclusionary
units, and of those 40 percent of units
affordable to very low income
households.
By April 2026.
Continuing maintenance of 15% inclusionary unit requirements, preserved in zoning code amendments. Housing fund policy guide, in-lieu fee alternative, and funding sources in progress. Incorporated a Partnership for the Bay's Future (PBF) Housing Fellow for a two year assignment to further work on housing rehabilitation, a social impact bond program, and affordable housing policy. The City and PBF Housing Fellow are working on an Affodable Housing Fund Policy Guide & In-Lieu fee to create a policy guide that aligns the City’s affordable housing funds with RHNA requirements, local housing needs, and fair housing objectives.
Affordable Housing
Incentives (Program 8)
Adoption of priority review process.
Completion of initial review of
affordable housing developments within
prescribed timeline. Expedited review of
projects to take 50% less time than the
normal City review process.
Adopt expedited review
process and incentives for
affordable housing by
April 2025.
Priority and expedited review process prepared, however no new projects with affordable units were received in 2024. Zoning code amendments to the affordable housing chapter, including the updates to review bodies and park fee waiver, prepared and expected for adoption before April 2025.
Housing for Extremely
Low, Very Low, Low, and
Moderate Income
Households and Special
Needs Households,
Including Persons with
Disabilities (Program 9)
Annual contact of developers. Assist 25
lower income or special needs
households with the fee waiver
program. Use of one or more incentives
for lower income and/or households
with persons with disability housing
development in one project throughout
the planning period.
Annual review of funding
opportunities,
collaboration with
services providers, and
contact of developers.
Annual developer
workshop and proactive
contact of housing
developers. Coordination
with Contra Costa County
by April 2024.
Development of fee waiver
program by October 2024.
Zoning Ordinance
amendments for parking
reduction by April 2025.
Fee waiver program and asset fund policy in progress. Zoning code amendments for reduced parking standards, reduced senior parking requirements, and park fee waivers prepared, with adoption expected before April 2025. Housing developer and housing service provider contacts will be conducted; funding availability review ongoing. No new lower income or special needs housing applications received; the City continues to work with developers of entitled affordable projects to complete construction.
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583
Senior Housing Incentives
(Program 10)
Use of one or more incentives for senior
housing development in one project. By April 2025.
Zoning code amendments prepared, with adoption before April 2025. No senior housing development application received in 2024. Permit fee waivers and enhaced rebates being evaluated. Promotion of shared housing and participation in programs to provide further assistance to be conducted. Smaller senior units under consideration.
Home Sharing and Tenant
Matching (Program 11) 10 tenant matches
Develop program
components, outreach
strategies and compile
resources by April 2026.
Program development and outreach in progress.
Zoning Amendments
(Program 12) Not applicable By April 2025. Zoning code amendments prepared in 2024. Partial set adopted in 2024, with additional set of adoptions expected before April 2025.
SB 330 Objective Design
Standards and SB 35
Streamlining Compliance
(Program 13)
Adopted zoning amendments. Faster
permit turnaround time. By April 2025.
Objective design standards prepared, with expected adoption in 2025. Reviewed approval procedures for SB 35 and streamlined review; no SB 35 applications received in 2024. Information on SB 35 to be included on the City's website.
Fee Evaluation and
Publicization (Program 14)
Reviewed and amended fee schedule as
appropriate.
Review of updated fees by
April 2024. Subsequent
evaluations and
modifications by 2029.
Review of Development
Impact Fees by end of
2023.
Completed review of fees and updated fee schedule.
Permit Streamlining
(Program 15) Amended zoning ordinance.
Permit streamlining by
April 2025. Electronic
permitting process by end
of 2023.
Zoning code amendments prepared in 2024, with adoption expected before April 2025. Electronic permitting system implemented.
2023-2031 H.E.:
Rehabilitation Assistance
(Program 16)
Provide information about County and
other rehabilitation programs to 40
households, landlords, or developers
annually. Rehabilitation of 20 units
throughout the planning period, 5
extremely low, 5 very low, 5 low, and 5
moderate.
Ongoing, with annual
assessment of funding
opportunities to reinstate
the City’s Rehabilitation
Program
Rehabilitation assistance information provided at City Hall, including energy efficient rebate programs. The Pinole Energy Enhancement Rebate Program (PEER), a collaboration with the County, launched January 1, 2024, with 27 applications processed in 2024. The City continues to explore funding availability through local, State, and federal programs. 2023-2031 H.E.:
Acquisition/ Rehabilitation
of Properties (Program 17)
Provide information about County and
other rehabilitation programs to 40
households annually. Development of
50 units, including the 33-unit SAHA
project, during the planning period.
Ongoing, as funding is
available.
33 unit SAHA development is under construction. Information about rehabilitation programs provided. Initated partnership with nonprofit organization to pursue rehabilitation program. The City and PBF Housing Fellow are working on a municipal Social Impact Bond program to rehabilitate abandoned properties, create affordable housing, and foster economic equity by involving BIPOC contractors. Work also includes reinstating theCcity’s Rehabilitation Assistance Program to improve housing conditions. 2023-2031 H.E.: Housing
Preservation/Below
Market Rate Regulations
and Conversions
(Program 18)
Contact of property owners and
affordable housing developers/
providers at least twice throughout the
planning period to pursue preservation
or extension of at-risk units that are set
to expire in the next 10 years. Ensure
that 100% of housing for low- and
moderate-income units assisted or
constructed by the former
Redevelopment Agency remains in
compliance with rental and resale
restrictions. Annual compliance
monitoring of all affordable units
(anticipated over 400).
Notification processes as
covenants for belowmarket rate units are set
to expire. Contact of
property owners and
affordable housing
developers/providers at
least twice throughout the
planning period. Monitor
rental and resale
restrictions annually.
Compliance monitoring ongoing. The City and the PBF Housing Fellow are working on redesigning and relaunching the city’s rental registry, ensuring comprehensive monitoring and tracking of rental properties, compliance with health and safety standards, and a transparent system for identifying at-risk units.
2023-2031 H.E.: PlaceBased Improvements
(Program 19)
Completed Capital Improvement
Projects and Adopted Environmental
Justice Element
As identified in CIP
Schedule; Environmental
Justice Element adopted
by the end of 2023.
BayREN rebates in the
2022-23 fiscal year.
Environmental justice element is in draft stages. Executed partnership with BayREN on rebate program, and implemented program with available funding.
Active Transportation Plan has been drafted and is under review. Park Master Plan completed. Improvements at Fernandez completed. Grant writing professional services obtained.
2023-2031 H.E.: Fair
Housing Resources and
Services (Program 20)
Provide annual workshops or
information fairs with the County fair
housing provider or another qualified
fair housing provider. Provide fair
housing resources or referrals to 50
households annually.
Biennial fair housing
workshops. Ongoing
provision of resources
and referrals to fair
housing service providers.
Review of demographics
to determine appropriate
translation and
interpretation languages
by 2027 and 2031.
Resources, information, and direction provided as questions are received on an ongoing basis.
2023-2031 H.E.:
Displacement
Prevention/Housing
Mobility (Program 21)
Conducted workshop within one year of
adoption. Provide resources on source
of income discrimination and housing
choice vouchers to 35 households
annually.
Review in 2027. Revise
zoning ordinance to
require affordable unit
replacement by April 2025;
create and distribute
informational materials by
April 2025, with annual
outreach to tenants and
relevant organizations.
Conduct workshop by
April 2024.
Connected with ECHO housing to make information on fair housing resources and workshops available.
2023-2031 H.E.: Housing
Resources Education
(Program 22)
Provision of housing information to
approximately 75 residents annually.
Provision of information
by October 2024.
Presence at community
events at least once per
year.
Unit development, permitting, and housing resource information provided at National Night Out event. Information also available at City Hall. 2023-2031 H.E.: ADU,
JADU, and SB 9 Education
and Promotion (Program
23)
5 ADUs annually; 1 JADU annually.
Develop outreach
strategies and compile
resources by April 2025.
Promotion of Home
Sharing and Tenant
Matching (Program 11) 6
months after program
development. Outreach at
no less than 2 events
annually.
Information on ADUs, JADUs, SB 9 provided at National Night Out event. 9 permits for ADUs issued in 2024.
Jurisdiction Pinole ANNUAL ELEMENT PROGRESS REPORT
Reporting
Period 2024
(Jan. 1 - Dec.
31) Housing Element Implementation
Planning 6th Cycle 01/31/2023 - 01/31/2031
Description of
Commercial
Development Bonus
Commercial Development Bonus
Date Approved
34 APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of
Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020
Jurisdiction Pinole ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2024
(
31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 01/31/2023 - 01/31/2031
The description should adequately document how each unit complies with subsection (c) of Government Code Section 65583.1+.
For detailed reporting requirements, see the chcklist here:
Extremely LowIncome+ Very Low- Income+ Low-Income+ TOTAL UNITS+ Extremely Low- Income+ Very Low- Income+ Low-Income+ TOTAL UNITS+ https://www.hcd.ca.gov/community- development/docs/adequate-sites-checklist.pdf Rehabilitation ActivityPreservation of Units At-RiskAcquisition of UnitsMobilehome Park PreservationTotal Units by Income Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.
Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD at [email protected] and we will unlock the form which enable you to populate these fields.
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020
Jurisdiction Pinole ANNUAL ELEMENT PROGRESS REPORT
Note: "+" indicates an optional field
Reporting Period 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulasPlanning Period 6th Cycle 01/31/2023 - 01/31/2031 Notes
23 6
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit
Category
(2 to 4,5+)
Tenure
R=Renter
Very LowIncome Deed
Restricted
Very LowIncome
Non Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Total Moderate Income
Units Converted from
Above Moderate
Date
Converted Notes
Summary Row: Start Data Entry Below 00 0 0 0 0 0 0
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Moderate Income RHNA
Jurisdiction Pinole
Reporting Period 2024
(Jan. 1 - Dec.
31)
Period 6th Cycle 01/31/2023 - 01/31/2031 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
23 4
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Realistic
Capacity
Identified in
the Housing
Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional fieldCells in grey contain auto-calculation formulas Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting
Jurisdiction Pinole Note: "+" indicates an optional field Reporting Period 2024
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation formulas
Designation Size Notes
1 2 34 5 6 7
APN Street Address/Intersection Existing Use Number of Units Surplus Designation Parcel Size (in acres) Notes 401-162-001-2 2301 San Pablo Ave Vacant Surplus Land 0.18 Community Corner401-120-035-1 2100 San Pablo Ave Other Surplus Land 2.31 Faria House NOTE: This table must contain an invenory of ALL surplus/excess lands the reporting jurisdiction owns Summary Row: Start Data Entry Below
Parcel Identifier
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For Contra Costa County jurisdictions, please format the APN's as follows:999-999-999-9
Jurisdiction Pinole ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2024
(Jan. 1 - Dec.
31) Housing Element Implementation
Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Project Type Date
Units
(Beds/Student
Capacity) Granted
Notes
23 5 6
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(SH - Student Housing) Date
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Total Additional
Beds Created Due
to Density Bonus
Notes
Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS
ONLY. This table only needs to be completed if there
were student housing projects WITH a density bonus
approved pursuant to Government Code65915(b)(1)(F)
Annual Progress Report January 2020
Jurisdiction Pinole ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2024 (Jan. 1 - Dec. 31)Planning Period 6th Cycle 01/31/2023 - 01/31/2031 No
Table K
Tenant Preference Policy
Local governments are required to inform HCD about any local tenant preference ordinance the local government maintains when the jurisdiction submits their annual progress report on housing approvals and production, per Government Code 7061 (SB 649, 2022, Cortese). Effective January 1, 2023, local governments adopting a tenant preference are required to create a webpage on their internet website containing authorizing local ordinance and supporting materials, no more than 90 days after the ordinance becomes operational.
Does the Jurisdiction have a local tenant preference policy? If the jurisdiction has a local tenant preference policy, provide a link to the jurisdiction's webpage containing authorizing local ordinance and supporting materials.
Notes
Jurisdiction Pinole
Reporting Year 2024 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.
Task $ Amount Awarded $ Cumulative Reimbursement Requested Other Funding Notes Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0Non-Deed Restricted 0Deed Restricted 0Non-Deed Restricted 0Deed Restricted 0Non-Deed Restricted 0 1010
Current Year
Deed Restricted 0Non-Deed Restricted 0Deed Restricted 0Non-Deed Restricted 0Deed Restricted 0Non-Deed Restricted 0 99 Current Year
Deed Restricted 0Non-Deed Restricted 0Deed Restricted 0Non-Deed Restricted 0Deed Restricted 1Non-Deed Restricted 0 9 10
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
$ -
Task Status
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
CITY COUNCIL
REPORT 9.F.
DATE: MARCH 18, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Lilly Whalen, Community Development Director, 510-724-9832, [email protected]
SUBJECT: RECEIVE AND FILE HOUSING SUCCESSOR ANNUAL REPORT FOR FISCAL YEAR 2023-24
RECOMMENDATION
Staff recommends that the City Council receive and file the Housing Successor Agency Annual Report (Attachment A) for Fiscal Year (“FY”) 2023-24 to submit to the California Department of Housing and Community Development (“HCD”).
BACKGROUND
The City of Pinole (“City”) is the housing successor (the “Housing Successor”) to the former Redevelopment Agency of the City of Pinole (the “Agency”), which was dissolved on February 1, 2012. State law requires that the City prepare an annual report on Housing Successor finances and activities (Attachment A) as set forth in Health and Safety Code Section 34176.1 (see Attachment B).
The annual report is required to contain: (1) a summary of Housing Successor duties; (2) the balance of the Low- and Moderate-Income Housing Asset Fund (“Housing Asset Fund”); (3) an inventory of properties held in the Housing Asset Fund; and (4) reports on the City’s performance thus far in meeting requirements of Health and Safety Code Section 34176.1.
The report is due to HCD by April 1st each year and must be posted on the City’s website. The report for FY 2023-24 is being presented to the City Council to receive and file with HCD.
REVIEW AND ANALYSIS
The City is meeting all requirements imposed by Health and Safety Code Section 34176.1.
The City’s progress on major requirements is summarized below.
Housing Asset Fund Activity and Balance
As of June 30, 2024, the Housing Asset Fund had a balance of approximately $8.3 million, of which $3.5 million is cash and the remainder is non-cash assets. Annual revenues totaled $201,402 from investment income, loan repayments, and miscellaneous revenues. There were $140,836 in Housing Asset Fund expenditures in FY 2023-24. All expenses were
administrative items such as professional services, building maintenance and utilities, housing compliance monitoring, and staff costs for time related to Housing Successor administration.
Real Property Assets and Loans Receivables
As of June 30, 2024, the City owns two remaining Housing Successor properties with a value of $355,062: Grove Vacant Land and Faria House Vacant Land. Grove Vacant Land is restricted as open space and cannot be developed. The Faria House is being listed for sale in FY 2024-25. Two properties previously owned by the Housing Successor, 811 San Pablo Ave and 612 Tennent Ave, were sold in FY 2022-23 to be developed with affordable and market rate housing. The Housing Asset Fund has approximately $4.4 million in notes and loans receivable. Additionally, the City has $233,220 in outstanding First-Time Homebuyer Loans and Housing Rehabilitation Loans. The First-Time Homebuyer and Housing Rehabilitation Loans have different maturity dates through 2099.
Expenditure Proportionality Requirements
Expenditures from the Housing Asset Fund must meet specific proportionality requirements by income level and age:
• Administrative and monitoring expenses have an annual maximum limit. Pinole spent $140,836 on administration and monitoring in FY 2023-24, which is well below the $263,100 annual limit.
• Up to $250,000 may be spent annually on homeless prevention and rapid rehousing solutions for homelessness. No Housing Asset Funds have been spent on this category to date in order to prioritize funding for affordable housing development. Pinole had an unhoused population of 7 based on the 2024 Contra Costa County Annual Point-inTime Count Report. • If Housing Asset Funds are spent on housing development projects or programs, specific income levels must be assisted within a five-year compliance period (see Appendix 1 of Attachment 2 for more details). FY 2023-24 marks the final year of the second five-year compliance period of January 1, 2019, through June 30, 2024. The Housing Successor complied with this requirement by making a $3.2 million construction loan to SAHA to assist with the development of affordable housing at 811 San Pablo Avenue. Housing Successor funds are dedicated to assisting extremely lowincome households at the project. Staff will continue to ensure income targets are met with any future expenditures in the five-year compliance period. • Housing Asset Funds may not be used to assist senior rental housing units if more than 50% of deed-restricted rental housing units assisted by the Housing Successor, City, or the former Agency in the prior 10 years were restricted to seniors. In the prior ten years, the Housing Successor, City, and former Agency assisted two affordable rental housing developments with 37 units, none of which are restricted to seniors. The Housing Successor may assist up to 37 senior rental units at this time.
The City is meeting all Housing Asset Fund requirements and will continue to ensure compliance with future expenditures.
Excess Surplus
Housing Successors may not accumulate a high balance known as “excess surplus”. Excess surplus is a cash balance that is higher than the greater of $1 million or the sum of all cash deposits to the Housing Asset Fund in the prior four years. Housing successors must spend or encumber any excess surplus within three fiscal years or transfer its excess surplus to HCD to spend on statewide housing programs. The intent of the law is to encourage housing successors to spend available affordable housing funds on a timely basis.
The Housing Successor did not have any excess surplus in FY 2023-24.
ProHousing Fund Award and Housing Fund Policy Development The City of Pinole has been awarded $650,000 in Prohousing Incentive Funds (PIP) as part of its 2024 Prohousing Community designation by the California Department of Housing and Community Development (HCD). To access these funds, the City must secure matching funding, which will be deposited into the Housing Successor’s Low and Moderate Income Housing Asset Fund. These funds will support affordable housing development and homeownership opportunities for moderate- and lower-income households, with a focus on high-opportunity areas that align with the City’s Housing Element goals. To ensure the strategic and equitable use of these resources, the City is developing a Housing Asset Fund Policy Guide with the support of Housing Fellow Jared Murti, placed through the Partnership for the Bay’s Future. This guide will incorporate Regional Housing Needs Allocation (RHNA) requirements, local housing needs, and fair housing objectives, prioritizing investments in areas with strong environmental, transportation, and educational opportunities, particularly in eastern Pinole. Program 7 of the Adopted/Certified Housing Element outlines the City’s approach to developing this policy, which will ensure that resources are allocated effectively to maximize impact. Once matching funds are secured, the awarded PIP funds will be utilized to create affordable housing opportunities consistent with the City’s commitment to expanding housing choice and mobility in Pinole.
FISCAL IMPACT
There are no implications of receiving and filing this annual report on the City’s activities as the Housing Successor.
ATTACHMENTS
A. Pinole 2023-24 HSA Annual Report
B. Health and Safety Code Section 34176.1.
HOUSING SUCCESSOR ANNUAL REPORT
City of Pinole
Fiscal Year 2023-24
TABLE OF CONTENTS
TABLE OF CONTENTS ....................................................................................................................1 INTRODUCTION ..............................................................................................................................1 CITY OF PINOLE AS HOUSING SUCCESSOR ..................................................................................1 SCOPE OF THIS HOUSING SUCCESSOR ANNUAL REPORT ...........................................................1 ASSETS TRANSFERRED TO THE HOUSING SUCCESSOR ..............................................................1 BACKGROUND ................................................................................................................................2 LEGAL REQUIREMENTS PERTAINING TO HOUSING SUCCESSORS ..............................................2 PERMITTED USES OF HOUSING ASSET FUNDS.............................................................................3 LIMITS ON THE ACCUMULATION OF HOUSING FUNDS (EXCESS SURPLUS).................................5 HOUSING ASSET FUND ACTIVITY ..................................................................................................6 DEPOSITS AND FUND BALANCE ....................................................................................................6 EXPENDITURES ..............................................................................................................................6 ENDING CASH AND FUND BALANCE ..............................................................................................6 HOUSING SUCCESSOR PORTFOLIO ..............................................................................................7 COMPLIANCE WITH EXPENDITURE & PRODUCTION LIMITS ........................................................10 PROPORTIONALITY REQUIREMENTS ...........................................................................................10 SENIOR RENTAL HOUSING LIMIT COMPLIANCE ..........................................................................11 EXCESS SURPLUS ........................................................................................................................12 OTHER INFORMATION ..................................................................................................................13 HOMEOWNERSHIP UNIT INVENTORY...........................................................................................13 TRANSFERS TO OTHER HOUSING SUCCESSORS........................................................................14 APPENDIX 1 – HOUSING ASSET TRANSFER FORM ......................................................................15 APPENDIX 2 - HOUSING SUCCESSOR ANNUAL REPORT REQUIREMENTS..................................24 APPENDIX 3 – HOUSING ASSET FUND EXPENDITURE REQUIREMENTS .....................................25 APPENDIX 4 – FIRST-TIME HOMEBUYER AND RESIDENTIAL REHABILITATION LOAN INVENTORY ......................................................................................................................................................27 APPENDIX 5 – PINOLE AFFORDABLE HOUSING INVENTORY.......................................................28
Pinole Housing Successor Annual Report 2023-24 2
INTRODUCTION
This Housing Successor Agency Annual Report (“Annual Report”) presents information on Fiscal Year (“FY”) 2023-24 expenditures and activities as required by Health and Safety Code (“HSC”) Section 34176.1(f), including but not limited to a housing successor’s compliance with certain expenditure requirements over the year as well as a five-year planning period. This Annual Report is required of any housing successor to a former redevelopment agency.
CITY OF PINOLE AS HOUSING SUCCESSOR
The City of Pinole (“City”) is the housing successor (the “Housing Successor”) to the former Redevelopment Agency of the City of Pinole (the “Agency”), which was dissolved statewide in 2012. At the time of dissolution, a housing successor was to be selected to accept the transfer of and be responsible for the remaining assets and liabilities of a former redevelopment agency.
This Annual Report is an addendum to the City’s Housing Element Annual Progress Report. Both are due to the California Department of Housing and Community Development (“HCD”) by April 1 annually.
The Housing Successor’s FY 2023-24 audited financial statements have been posted on the City website and are incorporated herein by reference.
SCOPE OF THIS HOUSING SUCCESSOR ANNUAL REPORT
This Annual Report is limited to the City’s activities as it relates to its role as a housing successor. This may include, but is not limited to, financial activities, property disposition, loan administration, monitoring of covenants, and affordable housing development. This Annual Report describes compliance with various annual, five-year, and ten-year housing expenditure and production requirements. FY 2023-24 is the final year of the current five-year compliance period for income proportionality, which begins July 1, 2019 and ends June 30, 2024.
ASSETS TRANSFERRED TO THE HOUSING SUCCESSOR
Upon the statewide dissolution of redevelopment in 2012, all rights, powers, committed assets, liabilities, duties, and obligations associated with the affordable housing activities of the former Agency were transferred to the Housing Successor. As one of its first duties as a housing successor, the Housing Successor prepared and submitted to the California Department of Finance (“DOF”) an inventory of housing assets to be transferred from the former Agency. The inventory was enumerated on a Housing Asset Transfer Form (“HAT”) which included:
Pinole Housing Successor Annual Report 2023-24 3
1. Real properties;
2. Personal property;
3. Low and Moderate Income Housing Fund encumbrances;
4. Loans/Grants Receivable;
5. Rents/Operations; and
6. Deferrals.
All items on the HAT were reviewed and approved by DOF on February 15, 2013. A copy of the HAT is provided as Appendix 1 in Attachment 2. The City, acting as Housing Successor, transferred these assets to the Low and Moderate Income Housing Asset Fund (“Housing Asset Fund”, Fund 285). Approval of the HAT set in motion a series of obligations by the City as a housing successor, as described in the following section.
BACKGROUND
This Section summarizes legal requirements for use of housing successor assets that are addressed in this Annual Report.
LEGAL REQUIREMENTS PERTAINING TO HOUSING SUCCESSORS
A year after the dissolution of redevelopment began, the California State Legislature recognized the need to regulate and provide transparency on the use of the housing activities transferred from a former redevelopment agency. Senate Bill 341 (DeSaulnier, 2013) and subsequent legislation enacted several requirements for housing successor agencies contained in HSC Sections 34176-34176.1.
In general, housing successors must comply with three major requirements pursuant to HSC Section 34176.1:
1. Housing Successor expenditures and housing production are subject to income and age targets.
2. Housing successors may not accumulate an “excess surplus,” or a high balance based on certain thresholds.
3. Properties must be developed with affordable housing or sold within five to ten years of being approved for transfer from the former redevelopment agency to the housing successor.
Pinole Housing Successor Annual Report 2023-24 4
Appendix 2 in Attachment 2 provides a detailed summary of the reporting requirements that are addressed in this Annual Report.
PERMITTED USES OF HOUSING ASSET FUNDS
Pursuant to HSC Section 34176.1, Housing Asset Funds may be spent on:
• Administrative costs for operation of the housing successor agency. The law allows a housing successor to spend the greater of:
o $200,000 per year adjusted for inflation, or
o 5% of the statutory value of real property owned by that housing successor and the value of loans and grants receivable from the HAT (“Portfolio”).
According to HCD, the $200,000 limit adjusted for inflation is $263,100 for FY 2023-24. This is greater than the 5% portfolio value limit of $236,753, therefore this Annual Report applies the FY 2023-24 HCD limit.
• Homeless prevention and rapid rehousing services up to $250,000 per year if the former redevelopment agency did not have any outstanding inclusionary housing or replacement housing production requirements as of 2012. Pinole is eligible for this expense because the former Agency did not have any outstanding inclusionary or replacement housing requirements upon dissolution. • Affordable housing development assisting households earning up to 80 percent of the Area Median Income (“AMI”), subject to specific income and age targets over a five-year period.
Five-Year Income Proportionality on Development Expenditures: Housing Asset Funds may be spent on development of housing projects affordable to low, very low, and extremely low income households. “Development” is defined as “new construction, acquisition and rehabilitation, substantial rehabilitation as defined in HSC Section 33413, the acquisition of long-term affordability covenants on multifamily units as described in HSC Section 33413, or the preservation of an assisted housing development that is eligible for prepayment or termination or for which within the expiration of rental restrictions is scheduled to occur within five years.”
Over each five-year compliance period, at least 30 percent of such development expenditures must assist extremely low income households (30% AMI), while no more
Pinole Housing Successor Annual Report 2023-24 5
than 20 percent may assist low income households (between 60-80%). The balance of the funds may be used on households earning between 30% and 60% of AMI.
The first five-year compliance period was January 1, 2014 through June 30, 2019. The second, and current, five-year compliance period is July 1, 2019 to June 30, 2024. The Housing Successor was compliant with Housing Asset Fund income proportionality expenditure requirements during the first and second five-year compliance periods.
Note that housing successors must report expenditures by category each year, but compliance with income proportionality limits is measured every five years. For example, a housing successor could spend all its funds in a single year on households earning between 60-80% AMI, as long as it was 20 percent or less of the total expenditures during the five-year compliance period.
Should a housing successor not spend at least 30% of its development expenditures assisting extremely low income households, or exceed the amount spent on low income households, future expenditures are subject to greater restriction until these proportionality targets are met. Specifically, if a housing successor is unable to spend at least 30% of its development expenditures on extremely low units, it is required to increase this spending to 50% until compliant with the 30% threshold; a housing successor that spends more than 20% of its development expenditures on low income units cannot spend any further funds on low income developments until it is at or below the 20% threshold.
As such, tracking these expenditures and their progress over the corresponding five-year period is an important function of this Annual Report.
Ten-Year Age Proportionality on Units Assisted: If more than 50% of the total aggregate number of rental units produced by the city, housing successor, or former redevelopment agency during the past 10 years are restricted to seniors, the housing successor may not spend more Housing Asset Funds on senior rental housing.
Appendix 3 in Attachment 2 describes Housing Asset Fund Expenditure requirements in more detail including the types of costs eligible in each category.
Pinole Housing Successor Annual Report 2023-24 6
LIMITS ON THE ACCUMULATION OF HOUSING FUNDS (EXCESS
SURPLUS)
State law limits how much cash a housing successor may retain and, if it fails to commit and spend these dollars in a reasonable timeframe, ultimately penalizes the housing successor by requiring unspent funds be transferred to HCD for use on State housing programs.
HSC Section 34176.1(d) establishes a limit, known as an “excess surplus” on the amount of unencumbered Housing Asset Funds based on the greater of the following:
• $1,000,000, or
• The total amount of deposits made into the Housing Asset Fund over the preceding four years.
Only amounts in excess of this threshold are considered an excess surplus. Once an excess surplus is determined, a housing successor must account for these funds separately and encumber said monies within three years. If after the third year the excess surplus has not been fully encumbered, the remaining balance of the excess surplus is to be transferred to HCD within 90 days. HCD is permitted to use these transferred excess surplus funds anywhere in the State under its Multifamily Housing Program or the Joe Serna, Jr. Farmworker Housing Grant Program.
The concept of excess surpluses carries over from the era prior to dissolution of redevelopment, when redevelopment agencies were often receiving substantial amounts of deposits from the mandatory housing set-aside of 20% of tax increment revenues.
As part of the Annual Report, a housing successor must disclose any excess surplus and describe the housing successor’s plan for eliminating this excess surplus.
HOUSING ASSET FUND ACTIVITY
The following section describes the Housing Asset Fund activities in FY 2023-24.
DEPOSITS AND FUND BALANCE
The Housing Successor deposited $201,402 into the Housing Asset Fund in FY 2023-24, as shown in Table 1. Revenue sources consist of investment earnings, a note repayment by Bridge Housing, and other miscellaneous revenues.
Pinole Housing Successor Annual Report 2023-24 7
EXPENDITURES
The Housing Successor expended a total of $140,836 during FY 2023-24. All expenditures were administrative such as staff labor allocations for administering housing successor programs, professional services and utilities. The total administrative costs are within the HCD limit for FY 2023-24. The Successor Agency will continue to keep its administrative costs within the limit pursuant to HSC Section 34176.1.
ENDING CASH AND FUND BALANCE
The Housing Asset Fund balance as of June 30, 2024 was $8,272,812, as summarized in Table 2. Of this amount, $3,506,880 was cash.
Pinole Housing Successor Annual Report 2023-24 8
HOUSING SUCCESSOR PORTFOLIO
The Housing Successor Portfolio includes real properties and notes and loans receivable transferred from the former Agency. The Portfolio had a value of $4,735,062 as of FY 2023-24, as detailed in Table
3. REAL PROPERTIES AND DISPOSITION STATUS
Pinole Housing Successor Annual Report 2023-24 9
The former Agency transferred the following properties to the Housing Successor as approved on the HAT:
• Pinole Grove Senior Housing Vacant Land (Samuel Street) – Pursuant to a Development and Disposition Agreement (“DDA”), this property is required to remain vacant as open space for the adjacent Pinole Grove Senior Housing development. The property has a steep slope and cannot be developed, therefore there are no plans for its disposition. • Faria House Vacant Land (2100 San Pablo Avenue) – This 2.3-acre parcel is park land in which the Faria House resides. The Faria House is in the process of being listed for sale. Any sales proceeds related to the value of the land must be deposited into the Housing Asset Fund if the site is not developed with affordable housing.
• Collins House (612 Tennent Avenue) – The Housing Successor sold this property in May 2023 and all sale proceeds were deposited into the Housing Asset Fund as required by law. The property was rehabilitated into a fourplex and includes one affordable unit to meet the City’s inclusionary housing requirements.
• Vacant Land (811 San Pablo Avenue) – The Housing Successor entered into a DDA with SAHA dated July 6, 2021, subsequently amended on February 21, 2023, to develop this property with 33 units of housing affordable to extremely low income to low income households. The majority of units will be restricted for veterans by State and Federal funding sources proposed to finance the project. SAHA estimates the units will be occupied in early 2025.
HSC Section 34176.1(e) requires all real properties acquired by a redevelopment agency prior to February 1, 2012 and transferred to the housing successor be development as affordable housing or sold within five to ten years of DOF’s approval of the HAT. The City extended the deadline from February 15, 2018 to February 15, 2023, by action of the City Council on November 21, 2017 as permitted by law. The City has complied with this timeline for 612 Tennent Avenue and 811 San Pablo Avenue as both properties have been sold or are to be developed as affordable housing. The Grove Vacant Land and Faria House vacant land are exempt from this deadline due to their contractual land use restrictions. The Housing Successor will ensure that sales proceeds from the Faria House land value are deposited into the Housing Asset Fund if the site is not developed with affordable housing.
LOANS RECEIVABLE
Pinole Housing Successor Annual Report 2023-24 10
The Housing Asset Fund has $4,380,000 in collectable notes and loans receivable as described below:
• SERAF Loan Paid Off: Prior to redevelopment dissolution, the former Agency deferred $4,291,575 in Low and Moderate Income Housing Fund set-aside deposits in order to make Statemandated payments into SERAF, a State education fund. The Successor Agency has since been responsible for making SERAF loan repayments from Redevelopment Property Tax Trust Funds (“RPTTF”), which are deposited into the Housing Asset Fund. The final payment was made in FY 2022-23.
• Outstanding Developer Notes in the amount of $4,380,000: The Housing Successor administers four loans made to affordable housing developers by the former Agency or Housing Successor.
Table 3 reflects an allowance for uncollectable notes, which equals the amount of three of the four loans, to write off the value of these loans in case they are not repaid. The loans are repaid from residual receipts if the properties have sufficient cash remaining at the end of each operating year. The fourth loan, for 811 San Pablo, is also payable from residual receipts. • Outstanding First-Time Homebuyer Loans and Housing Rehabilitation Loans in the amount of $233,220: These loans have different maturity dates ranging from 2022 through 2099. Appendix 4 in Attachment 2 provides an inventory of outstanding loans. Table 3 reflects an allowance for uncollectable loans to write off the value of these loans in case they are not repaid.
COMPLIANCE WITH EXPENDITURE & PRODUCTION LIMITS
During FY 2023-24, the City was in compliance with the annual, five-year, and ten-year planning period requirements.
PROPORTIONALITY REQUIREMENTS
As summarized in Figure 1, the Housing Successor complied with all Housing Asset Fund spending restrictions as of FY 2023-24:
• The Housing Successor spent $140,836 on administrative expenses which is under the maximum annual limit for FY 2023-24 of $263,100.
• The Housing Successor did not use any Housing Asset Funds for homeless prevention or rapid rehousing expenses and was therefore in compliance with the $250,000 spending limit.
Pinole Housing Successor Annual Report 2023-24 11
• The Housing Successor issued a construction loan to SAHA to assist with the development of extremely low-income rental units at 811 San Pablo Avenue totaling $3,200,000 in FY 2022-23.
This is the only housing development spending by the Housing Successor in the current five-year period. The Housing Successor complied with the requirement to spend at least 30% of housing development expenditures on extremely low income households (30% AMI) and no more than 20% on low-income households (80% AMI).
The Housing Successor will ensure that future development-related expenditures comply with spending and income proportionality requirements. The City made a commitment through its Housing Element (Program 7) to develop a policy to provide guidance on the future use of Housing Asset Funds in order to meet affordable housing goals as well as legal requirements.
SENIOR RENTAL HOUSING LIMIT COMPLIANCE
Pursuant to HSC Section 34176 (b), Housing Asset Funds may not assist senior rental housing if more than 50% of deed-restricted rental housing units assisted by the former Agency, Housing Successor, or City in the previous ten years are restricted to seniors. Between FYs 2014-15 through 2023-24, the Housing Successor, former Agency, and City assisted a total of 37 deed-restricted rental units, none of which are restricted to seniors, as shown in Table 4. The Housing Successor may assist up to 37 senior
Pinole Housing Successor Annual Report 2023-24 12
units to remain in compliance. The Housing Successor will ensure that it complies with this requirement moving forward.
Appendix 5 in Attachment 2 presents a complete inventory of affordable housing in Pinole that is monitored by the City. Most of the projects were funded by the former Agency over ten years ago or developed to comply with the City’s inclusionary housing requirements.
EXCESS SURPLUS
The Housing Asset Fund may not accumulate an “excess surplus,” or an unencumbered amount that exceeds the greater of $1 million or the sum of deposits in the prior four fiscal years. This requirement ensures that housing successors are actively spending available Housing Asset Funds on affordable housing. Excess surplus must be expended or encumbered within three fiscal years of each year that excess surplus was accrued. If a housing successor fails to comply, it must transfer any excess surplus to HCD within 90 days of the end of the third fiscal year.
As shown in Table 5, the Housing Successor did not have an excess surplus in FY 2023-24. The unencumbered beginning cash balance ($3,444,325) was less than the total deposits made in the prior four fiscal years ($3,649,772).
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OTHER INFORMATION
HOMEOWNERSHIP UNIT INVENTORY
Table 6 presents an inventory of homeownership units assisted by the Housing Successor that require restrictions, covenants, or an adopted program that protects Housing Asset Fund monies.
Step 1: Determine Unencumbered Cash Balance From Financials FY 23-24 Beginning Cash Balance 3,444,325
Less: Encumbered Funds $ - Unencumbered Amount $ 3,444,325 Step 2: Determine Greater of $1M or Last 4 Deposits
$1 Million, or $ 1,000,000
Last 4 years' deposits $ 3,649,772
2022-23 $ 1,230,306
2021-22 $ 1,676,410
2020-21 $ 1,865,429
2019-20 $ 107,933
Result: Larger Number $ 3,649,772
Step 3: Excess Surplus is Amount Step 1 Exceeds Step 2, if Any (1) Unencumbered Amount $ 3,444,325
(2) Less: Larger Number From Step 2 $ 3,649,772
Excess Surplus None
Source: City of Pinole
Table 5
Excess Surplus
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TRANSFERS TO OTHER HOUSING SUCCESSORS
There were no transfers to another housing successor entity for a joint project pursuant to HSC 34176.1(c)(2).
Project Name / Address
Unit
No. Covenant Expiration
620 Maiden Lane 1 10/30/54
609 Maiden Lane 1 9/22/54
2051 Buena Vista Drive 1 9/23/56
2061 Buena Vista Drive 1 8/31/56
2071 Buena Vista Drive 1 11/7/56
Source: City of Pinole
Maiden Lane
Heritage Park
Homeownership Unit Inventory
Table 6
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APPENDIX 1 – HOUSING ASSET TRANSFER FORM
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APPENDIX 2 - HOUSING SUCCESSOR ANNUAL REPORT
REQUIREMENTS
Housing Successor Reporting Requirements
Health and Safety Code Section 34176.1(f)
Housing Asset Fund
Revenues & Expenditures
Other Assets and Active
Projects Obligations & Proportionality
Total amount deposited in the
Housing Asset Fund for the fiscal
year
Amount of deposits funded by a
Recognized Obligation Payment
Schedule (“ROPS”)
Description of any project(s)
funded through the ROPS
Description of any outstanding
production obligations of the
former Agency that were
inherited by the Housing
Successor
Statement of balance at the close
of the fiscal year
Update on property disposition
efforts (note that housing
successors may only hold
property for up to five years,
unless it is already developed
with affordable housing)
Compliance with proportionality
requirements (income group
targets), which must be upheld
on a five-year cycle
Description of Expenditures for
the fiscal year, broken out as
follows:
• Homeless prevention and
rapid rehousing
• Administrative and
monitoring
• Housing development
expenses by income level
assisted
Other “portfolio” balances,
including:
• Statutory value of any
real property either
transferred from the
former Agency or
purchased by the
Housing Asset Fund
• Value of loans and
grants receivable
Percentage of deed-restricted
rental housing restricted to
seniors and assisted by the
former Agency, the Housing
Successor, or the City within the
past ten years compared to the
total number of units assisted by
any of those three agencies
Description of any transfers to
another housing successor for a
joint project
Inventory of homeownership
units assisted by the former
Agency or the housing
successor that are subject to
covenants or restrictions or to
an adopted program that
protects the former Agency’s
investment of monies from the
Low and Moderate Income
Housing Fund
Amount of any excess surplus,
and, if any, the plan for
eliminating it
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APPENDIX 3 – HOUSING ASSET FUND EXPENDITURE
REQUIREMENTS
Housing Asset Fund Expenditure Requirements
Health and Safety Code Section 34176.1
Expense
Category Limits Allowable Uses
Administration
and
Compliance
Monitoring
$263,100
maximum for
FY 2023-24
(limit
increases
each year)
Administrative activities such as:
• Professional services (consultant fees, auditor fees, etc.) • Staff salaries, benefits, and overhead for time spent on Housing Successor administration
• Compliance monitoring to ensure compliance with affordable housing and loan agreements
• Property maintenance at Housing Successor-owned
properties
Capped at $200,000 adjusted annually for inflation or 5% of the statutory value of real property owned by the housing successor and the value of loans and grants receivable from the HAT (“Portfolio”), whichever is greater.
Homeless
Prevention
and
Rapid
Rehousing
Solutions
$250,000
maximum per
fiscal year
Services for individuals and families who are homeless or would be homeless but for this assistance, including:
• Contributions toward the construction of local or regional homeless shelters
• Housing relocation and stabilization services including housing search, mediation, or outreach to property owners • Short-term or medium-term rental assistance
• Security or utility deposits
• Utility payments
• Moving cost assistance
• Credit repair
• Case management
• Other appropriate activities for homelessness prevention and rapid rehousing of persons who have become homeless.
Affordable
Housing
Development
No spending
limit, but must
comply with
income and
age targets
“Development” includes:
• New construction
• Acquisition and rehabilitation
• Substantial rehabilitation
• Acquisition of long-term affordability covenants on multifamily units
• Preservation of at-risk units whose affordable rent restrictions would otherwise expire over the next five years
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Housing Asset Fund Expenditure Requirements
Health and Safety Code Section 34176.1
Expense
Category Limits Allowable Uses
Income
Targets
Every five years (currently FYE 2020-2024), Housing Asset Funds must meet income targets:
• At least 30% on extremely low income rental households (up to 30% AMI or “Area Median Income”)
• No more than 20% on low income households (60-80% AMI) Moderate and above moderate income households may not be assisted (above 80% AMI).
Failure to comply with the extremely low income requirement in any five-year compliance period will result in having to ensure that 50 percent of remaining funds be spent on extremely low income rental units until in compliance.
Exceeding the expenditure limit for low households earning between 60-80% AMI in any five-year reporting period will result in not being able to expend any funds on these income categories until in compliance.
Age Targets For the prior ten years (resets every year), a maximum of 50% of deed-restricted rental housing units assisted by the Housing Successor or its host jurisdiction may be restricted to seniors.
If a housing successor fails to comply, Housing Asset Funds may not be spent on deed-restricted rental housing restricted to seniors until in compliance.
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APPENDIX 4 – FIRST-TIME HOMEBUYER AND RESIDENTIAL REHABILITATION LOAN
INVENTORY
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APPENDIX 5 – PINOLE AFFORDABLE HOUSING INVENTORY
State of California
HEALTH AND SAFETY CODE
Section 34176.1
34176.1. Funds in the Low and Moderate Income Housing Asset Fund described in subdivision (d) of Section 34176 shall be subject to the provisions of the Community Redevelopment Law (Part 1 (commencing with Section 33000)) relating to the Low and Moderate Income Housing Fund, except as follows:
(a) Subdivision (d) of Section 33334.3 and subdivision (a) of Section 33334.4 shall not apply. Instead, funds received from the successor agency for items listed on the Recognized Obligation Payment Schedule shall be expended to meet the enforceable obligations, and the housing successor shall expend all other funds in the Low and Moderate Income Housing Asset Fund as follows:
(1) For the purpose of monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants entered into by the redevelopment agency or the housing successor and for the purpose of administering the activities described in paragraphs (2) and (3), a housing successor may expend per fiscal year up to an amount equal to 5 percent of the statutory value of real property owned by the housing successor and of loans and grants receivable, including real property and loans and grants transferred to the housing successor pursuant to Section 34176 and real property purchased and loans and grants made by the housing successor. If this amount is less than two hundred thousand dollars ($200,000) for any given fiscal year, the housing successor may expend up to two hundred thousand dollars ($200,000) in that fiscal year for these purposes. The Department of Housing and Community Development shall annually publish on its Internet Web site an adjustment to this amount to reflect any change in the Consumer Price Index for All Urban Consumers published by the United States Department of Labor for the preceding calendar year.
For purposes of this paragraph, “statutory value of real property” means the value of properties formerly held by the former redevelopment agency as listed on the housing asset transfer form approved by the department pursuant to paragraph (2) of subdivision (a) of Section 34176, the value of the properties transferred to the housing successor pursuant to subdivision (f) of Section 34181, and the purchase price of properties purchased by the housing successor.
(2) Notwithstanding Section 33334.2, if the housing successor has fulfilled all obligations pursuant to Sections 33413 and 33418, the housing successor may expend up to two hundred fifty thousand dollars ($250,000) per fiscal year for homeless prevention and rapid rehousing services for individuals and families who are homeless or would be homeless but for this assistance, including the provision of short-term or medium-term rental assistance, contributions toward the construction of local or regional homeless shelters, housing relocation and stabilization services including
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AUTHENTICATED
ELECTRONIC LEGAL MATERIAL